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HomeMy WebLinkAbout10-0443 FlL?-? -v r F it T"Vl 2010AH 20 Fl=t 2: 01 y McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 L.-IARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 1800 Tapo Canyon Road Mail Stop 4SV-103 Simi Valley, California 93063 v. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner. 1614 Norwood Avenue Prospect Park, Pennsylvania 19076 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number I Q- q43 0, IV ?Mean CIVIL ACTION/MORTGAGE FORECLOSURE *qa . oo P p A`VTV ck?o 848 ?q er* 023(0533 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 Plaintiff is The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Lauretta M. Blaine, Executrix ofthe Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner of the mortgaged property hereinafter described, and his/her last-known address is 1614 Norwood Avenue, Prospect Park, Pennsylvania 19076. 3. Title of said premises is vested in the name of Ralph B Stone and Lauretta D Stone. 4. On December 10, 2006, Ralph B Stone and Lauretta D Stone made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1976, Page 3863. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. to The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. On October 10, 2007 Ralph B Stone departed this life leaving title vested solely to Lauretta D. Stone by operation of law. 7. On December 19, 2008, Lauretta D Stone departed this life. Letters Testimentary were granted to Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone. 8. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 371 Greenspring Road, Newville, Pennsylvania 17241. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 10. The following amounts are due on the mortgage: Principal Balance $ 189,877.10 Interest through January 18, 2010 $ 13,918.68 (Plus $33.62 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 719.55 Corporate Advance $ 3,426.28 Escrow Advance $ 2,420.32 GRAND TOTAL $ 211,611.93 11. 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. 12. Plaintiff does not hold the within named defendants personally liable on this cause of action and releases her from any personal liability. This action is being brought to foreclose her interest in the aforesaid real estate only. WHEREFORE, Plaintiffdemands in rem Judgment againstthe Defendant in the sum of $211,611.93, together with interest at the rate of $33.62 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: ( l V l U\. , ) Y in . Dj Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE I t s .y K: Prepared By: NILA MERAI COUNTRYWIDE HOME LOANS, INC 1600 GOLF ROAD, SUITE 300 T2 ROLLING MEADOWS IL 60008 Phone: (800)998-8223 After Recording -Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 Parcel Number: 30080593025 Premises: 371 GREENSPRING ROAD NEWVILLE PA 17241 [Space Above This Line For Recording Data] 2006110104 [Escrow/Closing #1 ibit A 00015343093812006 (Doc ID #) MORTGAGE PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Papa 1 of 17 4k-GA(PA) (0508) CNL (10105)(d) VMP Mortgage 5olugons, Ina (800)821-7291 Form 3039 1101 2 3 8 9 1' .2, 2036 CSC 19 Phi 1216 00992095 STOW RS - 1 610 ??R11 1534 ??????1 3893 r ---?8 D2 001 801 5 3 4 3 0 g 3 8 0 0 0 0 0 1 0 0 6 A OK 1976PG386.3. 4 r DOC ID #; 00015343093812006 MIN 1000157-0007561987-0 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3,. 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated DECEMBER 10 , 2006 , together with all Riders to this document. (B) "Borrower" is RALPH B STONE, AND LAURETTA D STONE, HIS WIFE Borrower is the mortgagor under this Security Instrument. (G) "MFRS" 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 COUNTRYWIDE HOME LOANS, INC. Lender is a CORPORATION. organized and existing under the laws of NEW YORK Lender's address is 4500 Park Granada MSN# SVB-314 Calabasas, CA 91302-1613 (E) "Note" means the promissory note signed by Borrower and dated The Note states that Borrower owes Lender ONE HUNDRED NINETY TWO THOUSAND and 00/100 Dollars (U.S. $ 192, 000. 00 C--6A(PA) (osoe) CHL (10105) DECEMBER 10, 2006 ) plus interest. Borrower has promised to pay this debt in regular Page 2 of 17 Form 3039 1/01 OK I 976PG3864, c ^ DOC ID ##: 00015343093812006 Periodic Payments and to pay the debt in full not later than JANUARY 01, 2047 M "Property" means the property that is described below under the heading "Transfer of Rights in the Property-11 (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. (a) "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]: H Adjustable Rate Rider a Condominium Rider 0 Second Home Rider Balloon Rider Planned Unit Development Rider 14 Family Rider VA Rider 0 Biweekly Payment Rider EJ Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Pees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tern 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. -6A(PA) (0508) CHL (10105) Page 3 of 17 Form 3038 1101 8K 1976PG3865 w } DOC ID ##: 00015343093812006 TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures tp 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 of CUMBERLAND (Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 371 GREENSPRING ROAD, NEWVILLE (street/city] Pennsylvania 17241 ("Property Address"): [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of 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. -6A(PA) (Oboe) CHL (10106) Page 4 of 17 Form 3039 1101 BK ! 976PG3866 ^ 5 I T DOC ID #: 00015343093812006 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. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due, Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. dft -5A(PA) (o5ce) CHt- (10105) Page 5 of 17 Font 3039 1101 BK 1976PG38.67 DOC ID #: 00015343093812006 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section ;. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in.any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall-give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. ta -6A(PA) (0508) CHL (10106) Page 6 of 17 Form 3039 1101 BKI976PC38'68 DOC TD ##c 00015343093812006 Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion-operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If -6A(PA) (os0s) CHL (10/05) Page 7 of 17 Form 3039 1101 BKI976PG3869 DOC ID #: 00015343093812006 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 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 extenuatipg 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 -6A(PA) (osoe) CHL (10106) Page 8 of 17 Form 3038 1101 BKI976PG3870 4 IN DOC 1D ##: 00015343093812006 completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the- Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security 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 Instrgment; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security r'nstrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage. Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount othhe 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 t-6A(PA) (o50s) CHt. (10105) Pape 9 of 17 Form 3039 1101 8K I'976PG387 I ,w DOC ID ##: 00015343093812006 is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is-obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required- Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time tb time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. ll. 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 CD-6A(PA) (05os) CHL (10105) Page 10 of 17 Form 3039 1101 noun 1976PG3872' s DOC ID #: 00015343093812006 repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction. (a) the total amount of the sums secured immediately before the.partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or it after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization: of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums.secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of -6A(PA) (0508) CHL (10/06) Page 11 of 17 Form 3038 1/01 BK I 976.PG3873' DOC ID #: 00015343093812006 Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be reftinded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means, Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by (M (M -6A(PA) (0508) CHL (10105) Page 12 of 17 Fprrtt 3039 Vol BK1,.976PG3874 ry , DOC ID #k: 00015343093812006 this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabiiity; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable LaW might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy ofthe Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. 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 that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, -6A(PA) (osos) CND (10105) Page 13 of 17 Form 3039 1101 BK 976PG3875* DOC ID #: 00015343093812006 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 Dote (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the inortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice.and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an 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). IM -6A(PA) (0508) CHt. (10106) Page 14 of 17 Form 3038 1101 RK.I976PG3876. . r DOC ID #: 00015343093812006 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 q 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 full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to.the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. -6A(PA) (0508) CHL (10106) Page 15 of 17 Form 3039 1101 lowlb BK1976PG3877 {} r DOC ID #: 00015343093812006 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. 110 N ?-?+1 z •? (Seal) LAURETTA D. STONE -Borrower (Seal) -Borrower (Seal) rrower -(Seal) -Borrower -BA(PA) (0508) CHL (10105) Page 18 of 17 Form 3039 1101 BKI976PG3878 r -4 r ? DOC I ##: 0001534 093812006 COMMONWEALTH OF PENNSYLVANIA, Xw County ss: On this, the OW day of 1 OWTO before me, the undersigned officer, personally appeared i??194Q 41 y known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 10/0 A COMMONWEALTH OF PENNSYLVANIA Notarfal Seal Edn N. Duffy, Notary PW* Hampden T"., Cumberland CmmV My C M*sbn Jan. 18, Member, Penns*=1a A"Odation of Notaries Certificate of Residence I, kri. LL- & __?z , do hereby certify that the correct address of the within-named /Mortgagee Is P.O. ox 2026, Flint, MI 48501-2026. Witness my hand this ! v day of_..,, Ag Y ortga -GA(PA) (0508) CHL (10105) Page 17 of 17 Form 3038 1101 AI976PG38'79 f Commitment Number: 2006110104* Conestoga Title Insurance Company SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THOSE CERTAIN two tracts of land situate in North Newton Township, together with the improvements thereon erected, more particularly bounded and described and as follows: TRACT NO. 1: BEGINNING at a point In the center of the State Road leafing from Newville to Roxbury at corner of land now or formerly of Dewey Sheaffer, thence by the center of said road South 71 '/z degrees West 110 feet to a point in the center of said road as comer of lands now or formerly of Guy L. and Florence Z. Loy; thence by land of said Loys North 30 degrees West 569.25 feet to line of land now or formerly of Daniel B. Stackhouse; thence by the land of said Stackhouse North 71112 degrees East 110 feet to land of aforesaid Dewey Sheaffer; thence by lands of said Dewey Sheaffer South 30 degrees East 569.25 feet to the center of the aforesaid Public Road, the Place of BEGINNING, No buildings shall be erected on this tract of land within 180 feet of the center of the highway, TRACT NO, 2: BEGINNING at a point in the center of Highway Route No, 641 leading from Newville to Newburg; thence by land now or formerly of Wilfred A. Lamoureux, et ux, and land now or formerly of D. M, Stackhouse, Jr., North 27 degrees West 1300 feet, more or less, to a post on line of land now or formerly of John Hoover; thence by said land, North 53 degrees East 100 feet to a point; thence by land now or formerly of Dewey Shaeffer, South 27 degrees East 1340 feet, more or less, to a point in the center of Highway Route No. 641 aforesaid; thence by the center of said Highway, South 74 degrees West 100 feet to the Place of Beginning, CONTAINING 3 Acres, more or less, UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations and conditions of rights of way of record. Y Certify this to be recor j A In Cumberland County ' O? t 1 a ? • 11f? r Recorder of ? ;• , {s ALTA Commftment Schedule C (2006110104. pfd/2006110104121) 8K 1976PG3-HO SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor The Bank of New York Mellon vs. Lauretta M. Blaine F11 PD-.+ ?i ?:l?r lrf?f jr `;= 11=r ^ j.°I _r °•,I'?'TARY 0011 2010FEB 16 F? 2: I3 rFs il` P1'ZtiNSYLV; WA Case Number 2010-443 SHERIFF'S RETURN OF SERVICE 01/21/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Lauretta M. Blaine, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Delaware County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 02/03/2010 06:34 PM - Delaware County Return: And now February 3, 2010 at 1834 hours I, Joseph M. McGinn, Sheriff of Delaware County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lauretta M. Blaine by making known unto Mike Blaine, Son of defendant at 1614 Norwood Avenue, Prospect Park, PA 19076 its contents and at the same time handing to him personally the said true and correct copy of the same. 02/11/2010 04:16 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2010 at 1616 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Occupant of 371 Greenspring Road, Newville, PA 17241, by making known unto Sandra Stone, Current Occupant at 371 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $63.80 February 11, 2010 SO ANSWERS, FY R ANDERSON, SHERIFF putt' Sh McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY tom o - COURT OF COMMON PLEAS Crz _T? t7 2] t C Number 10-443 Civil Term - a. . ,. ti rn Cn n co < ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 01/19/2010 to 03/08/2010 211,611.93 1,647.38 Total ? $ 213,259-31 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this 1? day of f4 c`c , 2010, Judgment is entered in favor of Plaintiff, The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6, and against Defendant, Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner, and damages are assessed in the amount of $213,259.31, plus interest and costs. E PROTHONOTARY: r I y,Od ed- a#7 Ck ? 4 L 3-J-- ? McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 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 Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, DeceasedMortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-443 Civil Term CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS, 8TH DAY OF MARCH, 2010 ,?nrQ'i? IVI , N"A6 1? TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff TARY PUPJIC STACE=Y M U CONNAL '_, NL=,- ?.. ,w City of Philadelphia, P ii- Cow OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary February 25, 2010 To: L:aurett:a M. Blaine, Executrix of the Estate of I.auretta D. Stone, Deceased Mortgagor and Real Owner 1614 Norwood Avenue Prospect Park, Pennsylvania 19076 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass= Through Certificates, Series 2007-6 vs. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Cumberland County Court of Common Pleas Number 10-443 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE LISTED sr ENCUENTRA EN ESTADO DE REBELDIA POR NO HAom PRESENTADO UNA COMPARECENCIA ESCRI'I'A, YA SEA PBRSONALMEN'rr; O 1'OR ABOGADO Y POR NO I IABER RADICADO POIl ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS F.N CONTRA Sum AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIE-Z (I0) DIAS DE LA FECHA DL' ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y UST I30 PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE P,1PEL A SU ABOGADO 1NMEDIATAME-NTE. SI LISTED NO TirNIi A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. 1 S'I'A OFICINA LO PUEDE PROPORCIONAR CON 1NFORMACI6N ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLISIAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMATION ACIRCA DE LAS A(JENC IAS QUE PUEDEN OFRECL'R LOS SERVICIOS LEGALES A PERSONAS ELEGIBLF.S EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. YOU ARE IN DEFAULr BECAUSE YOU IIAVI FAILED TO ENTER A WRMrI:N APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YUU. UNLESS You ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS TtOTICIi A JUDGML'N'r MAY BE ENTERED AGAINST YOU W ITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER 1'O YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO -1-0 OR TELEPHONE -1'14E OFFICE SET FORTH BELOW. THIS OPFICI- CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 1 F YOU CANNOT AFFORD TO H IRE A LAWYER, THIS OFFICE MAY BL' ABLE TOPROVIDI: You WITT! INFORMATION ABou'r AGENCIES THAT MAY OFFER LEGAL SERVICES TO ]JAGIIB.E PI'llSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 Cumberland County Bar Association 2 Liberty Avenue CarU MT11consNvania 17013 Wo) BY: Attorneys for Plainti SQUIRE TERRENCE J. McCAY,ESQUIRE, MARC S. WEISBERGUIRE EDWARD D. CONWA MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Jim Nib$lA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-443 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner, is over eighteen (18) years of age, and resides as follows: Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner 1614 Norwood Avenue Prospect Park, Pennsylvania 19076 SWORN AND SUBSCRIBED BEFORE ME THIS 8TH DAY OF MARCH, 2010, 1 G(trQ,t n ?' l }( /'/1AAJJ1 TARY tqBLIC NOTARIAL SEAL com FTA C EY to O'CONNELL, Notary Public L ity of Phdadefprna, Phila County y My ?ar?C??ai ? 0.2Q 12 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner FILE NO.: 10-443 Civil Term Civil Term AMOUNT DUE: $213,259.31 INTEREST: from 03/09/2010 to 06/02/200 o $3,015.16 at $35.06 ATTY'S COMM.:'t COSTS: jr• .. .Cs TO THE PROTHONOTARY OF SAID COURT: ",-) tt? The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession, of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or executiop in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 371 GreensurinQ Road Newville, Pennsylvania 17241 (More fully described as attached) -n -? n G PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature: Print Name: MCCABE, WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. LEGAL DESCRIPTION Aid, THOSE CERTAIN two trade of land situate In North Newton Township, together with the Improvements thereon smeted, more partioulsrty bounded and desalbed and as Hallows: TRACT NO. is BEGINNING at a point In the center of the State Road leating from Newvlife to Roxbury at comer of land now dr formerly of grey Sheet W, thenoe by the center of said road South 71 % duress West 110 feet to a pokt In the center of acid road as corner of lands now or Ran" of Guy L. and Fior snoe Z LW, thence by land of said U ys North 30 degrees West 589.25 feet to One of land now or formerly of Daniel S. Stactdrouse; twncs by by la#Wlsnd of sold Stooft"a nds of said Do" Sh e North South 30 degrees East 680.26 feet ? center of the ld P? Public Road,1he Plane of BEGINNING. No buildings shall be erected on this tract of land within 180 feet of the center of the highway, TRACT N0.2~ BEGMI NG at a point in the center of Highway Route No, 841 leading from NewwIlle to Newburg; thenoe by land now or formerly of WlIfred A. I.arnoireux, st ux, and land now or formerly of 0. M, Stmeiftt % Jr., North 27 degrees Walt 1300 teat, more or less, to a post on line of Iand now orfoimerly of John Hoover; theme by said land, North 53 degrees East 100 feet to a pointy thence by land now or fonroly of Dewey Shaeffer, Swath 27 deoreea East 1340 feet, more or less, to a point In the cenW of Highway Rode No. 841 allaresdct; thence by the center of sold Highway, South 74 degrees West 100 feet to the Pkace of Bunning. CONTAINING 3 Acres, more or less. UNDERAND'tGUBJECT, NEVERTHELESS, to easements, restrictions, reservations and conditions of rights of way of record BEING PARCEL NUMBER 30-08-0593-025 BEING KNOWN AS 371 Greenspring Road, Newville, Pennsylvania 17241. BEING the same premises which Wilfred A. Lamourex and Penny S. Lamourex, His Wife, by deed dated September 14, 1988 and recorded September 19, 1988 in the office of the Recorder in and for Cumberland County in Deed Book 033, Page 635, granted and conveyed to Ralph B. Stone and Lauretta D. Stone, husband and wife. Upon the deaths of Ralph B. Stone and Lauretta D. Stone, title became vested in Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner. -s VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. y? TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff qpt) ?a 191, 0 0 P,-/ *? 11 a -o {d Pl 014 a3V13-7 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-443 Civil Term AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS n f')1 _.y N C-M t=) x? c.n The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants is: Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner 1614 Norwood Avenue Prospect Park, Pennsylvania 19076 SWORN AND SUBSCRIBED BEFORE ME THIS, 8TH DAY OF RCH, 2010 ?nJ ARY P LIC NOTA€ IAL SEAL STACEY M. O'CONNELL, Notary Public City of Philadelpliia, Phila. County ' i4 misstop:s? ite;i u c ? 2,012 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ..J m? M C-S 10 ;? rn .wt McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-443 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 n r.? C ( - ?v m - 'j Z"? ? cn The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 371 Greenspring Road, Newville, Pennsylvania 17241, a copy of the description of said property being attached hereto and marked Exhibit Name and address of Owner or Reputed Owner Name Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, PA 19076 Mortgagor and Real Owner 2. Name and address of Defendants in the judgment: Name Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, Pennsylvania 19076 Mortgagor and Real Owner . w? 3 4 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Unemployment Compensation Fund 16th Floor L&I Bldg Harrisburg, Pennsylvania 17121 Capital One Bank (USA) NA 2323 Lake Club Dr. Suite 300 Columbus, Hawaii 43232 Capital One Bank 11011 W. Broad St. Glen Allen, Virginia 23060-5937 Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name North Newton Township Address 433 Oakville Rd Shippensburg, Pennsylvania 17257 40. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 371 Greenspring Road Newville, Pennsylvania 17241 Commonwealth of Pennsylvania Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name None Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. March 8, 2010 TERRENCE J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THOSE CERTAIN two tracts of land situate In North Newton Township, together with the Improvements thereon emoted, more particularly bounded and described and as follows: TRACT NO. i. BEGINNINGS at a point In the venter of the State Road leafing from NwmWe to Roxbury at cornet of lend now drt formerly of Dewey Shtaffer; thence by the center of eaid road Soffit 711 degrees West 110 feet toe po btt in the renter of acid rid as comer of lands now or formerly of Guy L and Florence Z. Loy; thence by land of said Lays North 30 degrees Went 60.26 feet to line of land now or formerly of Dardel B. Stec[chouse; thence by ow land of said Staciftuoe North 71112 degmes East 110 feet to WM of afa+esaid Dewey She~, thence by lands of said Dewey Shaffer South 30 degrees East 569.25 feet to the center of the aforesaid Public Road, the Place of BEGINNING. No buildings shall be erected on this tract of land within 180 feet of the center of the highway. TRACT NO. 2: BEGINNING at a point In the center of Highway Route No, 641 leading from NewNlle to Newburg; tlwKe by WW now or formerly of Wilfred A. Lamoureux, et ux, and land now or formerly of D. M. Stacft tae, Jr., North 27 degrees West 1300 feet, more or less, to a post on One of land now or formerly of John Hoover; thence by said land, North 53 degmses East 100 tweet to a point thence by land now or forrrrerly of Dewey Shaeffer, South 27 degrees East 1340 feat, more or less, to a point In Uw center of HIghwayr Route No. 641 abwWd; thane by the center of aald Highway, South 74 degrees West 100 feet to the Place of Beginning. CONTAINING 3 Acres, more or lees. UNDER ANDZUBJECT, NEVERTHELESS, to easements, restrictions, reservations and conditions of rights of way of record. BEING PARCEL NUMBER 30-08-0593-025 BEING KNOWN AS 371 Greenspring Road, Newville, Pennsylvania 17241. BEING the same premises which Wilfred A. Lamourex and Penny S. Lamourex, His Wife, by deed dated September 14, 1988 and recorded September 19, 1988 in the office of the Recorder in and for Cumberland County in Deed Book 033, Page 635, granted and conveyed to Ralph B. Stone and Lauretta D. Stone, husband and wife. Upon the deaths of Ralph B. Stone and Lauretta D. Stone, title became vested in Laurette M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner. ExivitA i 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 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 V. Laurette M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-443 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Laurette M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner 1614 Norwood Avenue Prospect Park, Pennsylvania 19076 o ? Y,' r [ F(-n- T f3I _{ Your house (real estate) at 371 Greenspring Road, Newville, Pennsylvania 17241 is scheduled to be sold at Sheriffs Sale on June 2, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $213,259.31 obtained by The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) I YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in afcordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-443 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE ALTERNATIVE LOAN TRUST 2007-6 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-6 Plaintiff (s) From LAURETTA M. BLAINE, EXECUTRIX OF THE ESTATE OF LAURETTA D. STONE, DECAEASED MORTGAGOR AND REAL OWNER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $213,259.31 L.L.$.50 Interest FROM 3/09/10 T06/02/10 $3,015.16 AT $35.06 Atty's Comm % Due Prothy $2.00 Atty Paid $196.30 Plaintiff Paid Other Costs Date: 3/9/10 (Seal) REQUESTING PARTY: Name: TERRENCE B. MCCABE, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 LJUPULy Supreme Court ID No. 17616 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE -1D # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff v. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-443 Civil Term AMENDED AFFIDAVIT OF SERVICE C'? ~ = c_- ~ » , -t:; i~~ t--- `~ : ~ r. ~ =' ' ' r-': -' t 7 ~;- _ ~_ - -.Ca -~ =:.; K i~: ~. ,~ , ;_.l.._ tv ~ n:, -t I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 1 ~ day of July, 2010, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS 1ST DAY OF JULY, 2010 NOTARY LIC NOTARIAL BEAT ORITTANY N NICRAE Nonry PubNc LOMIER PROVIDENCE TWP, MONTGOMERY CNN NY Commission Expires Aup 27, 2012 T RREN J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ~. s+ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2151790-1010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff v. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-443 Civil Term ~ ~. ~ ° ,. _,, . ~.,_._ r i~ ~ ;_ i ~ N ,. -s~ ; ._ ;; = _.~., r~_ r.~ ~e.- ~~ _~ n.~ ~ AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 371 Greenspring Road, Newville, Pennsylvania 17241, a copy of the description of said property being attached hereto and marked Exhibit ..A ,~ Name and address of Owner or Reputed Owner Name Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, PA 19076 Mortgagor and Real Owner 2. Name and address of Defendants in the judgment: Name Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, Pennsylvania 19076 Mortgagor and Real Owner Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. 5 6. 7 Unemployment Compensation Fund Capital One Bank (USA) NA Capital One Bank 16th Floor L&I Bldg Harrisburg, Pennsylvania 17121 2323 Lake Club Dr. Suite 300 Columbus, Hawaii 43232 11011 W. Broad St. Glen Allen, Virginia 23060-5937 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Name and address of every other person who has any record lien on the property: Name Address Wilmington Trust Company P.O. Box 8990 Drop Code 1874 Wilmington, DE 19899 Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address North Newton Township 433 Oakville Rd Shippensburg, Pennsylvania, 17257 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address 371 Greenspring Road Newville, Pennsylvania 17241 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best: of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Julv 1, 2010 TERRE E J. McCABE, ESQUIRE DATE MARC . WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIdtE Attorneys for Plaintiff -+~, s~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 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 Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff v. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-443 Civil Term AMENDED AFFIDAVIT PURSUANT TO RULE 3129 n C o `-ii z, i=~ c_ ~ r-:-i ; :- ~-=' rzi -n - ` -,, m to , c.; . { 1 ` i ~ ' ~:.: ,-= r ~:_' te7 ~~ R> 7 ~; ~ The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 371 Greenspring Road, Newville, Pennsylvania 17241, a copy of the description of said property being attached hereto and marked Exhibit ..A „ Name and address of Owner or Reputed Owner Name Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, PA 19076 Mortgagor and Real Owner 2. Name and address of Defendants in the judgment: Name Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, Pennsylvania. 19076 Mortgagor and Real Owner Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. 5 6. 7 Unemployment Compensation Fund Capital One Bank (USA) NA Capital One Bank 16th Floor L&I Bldg Harrisburg, Pennsylvania 17121 2323 Lake Club Dr. Suite 300 Columbus, Hawaii 43232 11011 W. Broad St. Glen Allen, Virginia 23060-5937 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Name and address of every other person who has any record lien on the property: Name Address Wilmington Trust Company P.O. Box 8990 Drop Code 1874 Wilmington, DE 19899 Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address North Newton Township 433 Oakville Rd Shippensburg, Pennsylvania 17257 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address 371 Greenspring Road Newville, Pennsylvania 17241 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Name and address of Attorney of record: Name None Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff s Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. July 1, 2010 TERRE E J. McCABE, ESQUIRE DATE MARC . WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff •. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff v. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant DATE: July 1, 2010 TO: ALL PARTIES 1N INTEREST AND CLAIMANTS C} ~ _; ~ -~1 ~., aT, c__. -~ N _ ~, _.~ . rv (mil .~ n. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-443 Civil Terni NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER: Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner PROPERTY: 371 Greenspring Road, Newville, Pennsylvania 17241 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on August 4, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions a~-e filed thereto within ten (10) days after the filing of the schedule. .., ~ r!'ti -~ H ~ 0 dH y ~ r ~ ~ ro N ~ z ~ ~W/A^~{V ~m ~"A A O' ~ 0 ~ z" ;~ ~sm ~~ Y e ee eD m a A r ~ ~C~ y Ir ' Gt O ~ ~NdA ~..3 ~ ~+ ~' O (~ 7 o 0o a Am ~ ~ ~ ~ ~' A Z z ~ a e ~~ C ~ .p n o~ .~ ~ .~ ~~ ~ f ° - ~ H , ~ r I~+ C ~~'y~ r.O O~ ~~^++D~~~n G,~ nG ~N N • C p ~ ~ ~ n O Q ~dYC ~ _~ ~ ~ ~O ~ ~' 3 o t7~~y ~ .' . t~1 ~ c V1 ~ IY o ^ ~ ~ ^ "1 y ~ ~ C C ry 0 ~ I~ ry~ry 6 ~ ~ 6 ~ v ~ ~ o ,'2 o°°. ~ '~ ~ ~ 3 E S ~~; i~ T! T~ r;,. ~ ,~:~ ;. '~, ?> *~~ . ~'~' Rol: F~. .. titi: ~it'~-,~,'~,~~ +~lr -~ . F Ti'~+: ~L ~1~ a ~ N uwr~o ° _ S~, o °~ •~ ~v~ (D 0o a ~ ~ ~~ ~ ~ N n ~~ s C ~ O ~~ T m °~ ~ N ~~ ~ ~ Uf ~ .x ~0 0 V ., "!'he Bank OCNcw York lvlelfon l~ka "1•he (3anl: Oi' New Y(arl: As "Trustee For °I'he I3ene#it Of "J'he i\Iternativc L:aan "Trust 2007-ti Morttta~e; Cass-'J'iu~ough Cerlif icates, Series 2007-( Plaintiff' v. L,auri.:ita M. 13iaine, l.xecutrix of the Eslatc «F I.:a(n~eua [). Stone, I)eceasett Mortgagor and heal O~+~ner Cl.iMB1RLAND CO(.)N'J 1' DOUR"T Op COMMC)N 1'].:1::AS Number 10-44> Civil 'Perm Auc o ~ zoo 1)l'iCndant () YZ )I) r 1Z AND NOW, this ~~~ day oi• A'~, , 201{}, upon consideration i~t' Plaintiff's ;\9otion t.o /ldjo(trn the Sheriff's Safe currently scheduled in the above-captioned matter fir August 4, 2010 if is hereby ORI:)I~Rl:;D that the Sheriff's Sale of•thc grope:•ty 1<no~~m as 371 Grcensprin~.; Road, Nc~n'ville, !'ennsylvania 172J 1, is adjourned to the September 8, 2010 Sheriff's Sale. It is i~t)R'1'F[IR ORt)I?Rl:~f) that n(? additional advcrtisin~; of'said Sale is necessary anct no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C'.P. 3129 is re(Juiretl. ~? ~ :; - ..._~ - ~~- __ -_ . ~s 3 -- ~ ___..__..._ __. _ _. _r ... _ _..,._,..._._._...._.. _.._.__.._._ _' '= r., ~`t ~la~~~,~ cjo -jPlleVlf~..~~~ C~ • ~ ~ Z3 S; ~a~S~S~~2tY•~o, ~~r>>a •~ q 1p~ ~ 6 `' v r~S ~,.c~1e /~ P d ~e uft Af-In: LavJet~ ~(~ BIa~K2 ~ L b I y ,Uoi woad i4~r~ i~~-0spPt~• Park, ~~ (~ ~~,6 r-~- iv S~ne~tt -" ~~at G~et*jr~r~~ ~y ~~-~ ~-y iG ~L ~l. 6 'The Ballk Of Ne~~• York Mellon Ff;a The I3ank Oi' Ne~v York As "Trustee For The Benefit Of The Alternative l.:oan Trust 2UO7-C Mo--tga~e Pass-TEu•ou~;l7 Cel-tiCicates, Series 2U07-6 Plaintiff . GUMl3ERLAND C:Ot1N'TY COURT OF ('OMMON P1.:EAS Number 1 U-443 Civil 'Tenn Defendant: ~~~~, ~Ss~~~~ ~ ~, ~~bel~. ORDER v. l._auretxa M.. 131ainc~, Executrix ofi the testate of Lauretl:a D. Stolle, Deceased Mortgagor and Rcal Owner AND NOVI~, this day oi' ~Q fQ!~,.hcr2010, upon consideration of 1'laintift's Motion to Adjourn the SI}erif#'s Sale currently scheduled in the above-captiol7cd n7attcr for September 8, 20] U it is hereby ORDERED that the Sheriff's Sale of the property kno~~~n as 371 Greensprins~ Road, Newville, I'cnnsylvania 17241, is adjourned to tale December 8, 2UtU Sherift's Sale. lt. is FUR'TI-iLR ORDERED plat nU addltlUllal adVe1'tES117~? Of SAKI Sale 1S 17C'CeSSaI'y alld n0 neW nOllCe tU the partaeS pl'eV1UtISly Set forth in it7e Affidavit Pursuant to Pa.R.C'.P. 3129 is required. c5 ~~ c~ cn r*1 n ~ tit) ~ ~_ C: ~ ~ ~ ~ y„ _ -~ r -, ~; , ~_~ ._.! ~~s~~ti~~ •~-_ S~e~~ ~~ .~~~-~ ~ ~v ~e~ n~ ~ ~ lam, ~(R~~nl~l~ %`f~f~evlC~_J_l~~r ,~~ ~L 16 ~ ~f Il~olEuo ~ ~~~ 1 ~~~af~~ P~ t~ ~~j ;~ [Z 3 S, $rc~a~ S~~ S~e. off, P~ ~ ~•~ ~'4 (~ ~~1 ~~ ~~~ 40 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY C! COURT OF COMMON PLEAS -ry C 1_3 M _ r*i =- Number 10-443 Civil Term co < C-) -,? 'Ln dv ? . MOTION TO ADJOURN SHERIFF'S SALE Plaintiff, The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6, by and through its attorney, the undersigned, moves this Honorable Court for an Order adjourning the Sheriff s Sale scheduled for December 8, 2010 and avers as follows: 1. Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 371 Greenspring Road, Newville, Pennsylvania 17241 for the June 4, 2010 Sheriffs Sale. Plaintiff postponed Sheriff's Sale from June 4, 2010 to July 7, 2010 as the loan was being reviewed by the lender for eligibility for the Making Home Affordable Modification Program. 3. Plaintiff postponed Sheriff's Sale from July 7, 2010 to August 4, 2010 as the loan was being reviewed by the lender for eligibility for the Making Home Affordable Modification Program. 4. Plaintiff postponed Sheriff s Sale from August 4, 2010 to September 8, 2010 as the loan was being reviewed by the lender for eligibility for the Making Home Affordable Modification Program. Plaintiff postponed Sheriff's Sale from September 8, 2010 to December 8, 2010 as the loan was being reviewed by the lender for eligibility for the Making Home Affordable Modification Program. 6. Plaintiff requests that the Sale for December 8, 2010 be adjourned to March 2, 2011 as the loan is still being reviewed by the lender for eligibility for the Making Home Affordable Modification Program and for foreclosure document review. 7. Plaintiff has complied with all the pertinent statutory and procedural rules of court governing the listing of real property for Sheriffs Sale. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale. WHEREFORE, Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 371 Greenspring Road, Newville, Pennsylvania 17241 to the March 2, 2011 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for December 8, 2010. ?. MARC S. WEISBERG, ESQU EDWARD D. CONWAY, ES MARGARET GAIR?:Qi?IRE Attorneys/for miff MATTHEW J. ESHELMAN, ESQUIRE Local Counsel McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-443 Civil Term MEMORANDUM OF LAW Plaintiff requested that the Sheriff's Sale originally scheduled for June 4, 2010 be continued to the July 7, 2010 Sheriffs Sale. Plaintiff requested that the Sheriff s Sale scheduled for July 7, 2010 be continued to the August 4, 2010 Sheriffs Sale. Plaintiff requested that the Sheriffs Sale scheduled for August 4, 2010 be continued to the September 8, 2010 Sheriffs Sale. Plaintiff requested that the Sheriff s Sale scheduled for September 8, 2010 be continued to the December 8, 2010 Sheriff s Sale. Plaintiff at this time requests that the Sheriff's Sale set for December 8, 2010 be adjourned to March 2, 2011 as the loan is still being reviewed by the lender for eligibility for the Making Home Affordable Modification Program and for foreclosure document review. Pursuant to Pa.R.C.P. 3129.3, the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement of new notice. WHEREFORE, Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 371 Greenspring Road, Newville, Pennsylvania 17241 be adjourned to the March 2, 2011 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except that an announcement be made at the sale currently scheduled forJec9"hnber 8, MARC S. WEISBERG, ESQ EDWARD D. CONWAY, QU MARGARET GA O, F,?Q?qd Attornlyls. foTIP intiff MATTHEW J. ESHELMAN, ESQUIRE Local Counsel VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. MARC S. WEISBERG, E EDWARD D. CONWAY, MARGARET GAIRO, ES McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-443 Civil Term CERTIFICATION OF SERVICE I, undersigned, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion To Postpone Sheriff Sale, by United States Mail, first class, postage prepaid, on the 7' day of December, 2010, upon the following: Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner 1614 Norwood Avenue Prospect Park, Pennsylvania 19076 Tg?WNCE J. MCCABE, ESQU'. MARC S. WEISBERG, ESQUIRI EDWARD D. CONWAY, ESQUI MARGARET GAIRO, ESQUIRE 0EC 0 8 2010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-443 Civil Term ORDER AND NOW, this day of??t 2010, upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter for December 8, 2010 it is hereby ORDERED that the Sheriffs Sale of the property known as 371 Greenspring Road, Newville, Pennsylvania 17241, is adjourned to the March 2, 2011 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. BY THE COURT: J. y C Ce l w D ail SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 1 J , L t D, ?[ l V Jody S Smith Chief Deputy Richard W Stewart Solicitor The Bank of New York Mellon vs. Lauretta M. Blaine Case Number 2010-443 SHERIFF'S RETURN OF SERVICE 03/17/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Lauretta M. Blaine, Executrix of the Estate of Lauretta D Stone, Deceased Mortgagor and Real Owner, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Deleware County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law 04/05/2010 08:24 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 2020 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Lauretta M. Blaine, located at 371 Greenspring Road, Newville, Cumberland County, Pennsylvania according to law. 05/11/2010 Delaware County Return and now the, 26th day of April 2010, at 1705 hrs served the within Real Estate Writ, Notice of Sale and Description upon Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased, Mortgager and Real Owner, the defendant, by making known unto Robert Stern, Brother in Law of Lauretta M. Blaine, at 1614 Norwood Avenue, Prospect Park, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Joseph G. McGinn, Sheriff of Delaware County, Pennsylvania. 05/27/2010 Property sale postponed to 7/7/2010. 07/06/2010 Property sale postponed to 8/4/2010. 08/04/2010 As directed by Terrence McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/8/2010 09/08/2010 As directed by Terrence McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/8/2010 12/08/2010 As directed by Terrence McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 02/25/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney on 2/25/11. SHERIFF COST: $1,228.04 SO ANSWERS, February 28, 2011 RON R ANDERSON, SHERIFF s r? I,(- pay Afo asp 3-l ,. Crun*;Suite Shf?ri`t. 7Eleo:;oft. I.n;. r, 1 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-443 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 371 Greenspring Road, Newville, Pennsylvania 17241, a copy of the description of said property being attached hereto and marked Exhibit 1. Name and address of Owner or Reputed Owner Name Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, PA 19076 Mortgagor and Real Owner 2. Name and address of Defendants in the judgment: Name Address Laurette M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, Pennsylvania 19076 Mortgagor and Real Owner 1 I 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real,property to be sold: Name Address Plaintiff herein Unemployment Compensation Fund 16th Floor L&I Bldg Harrisburg, Pennsylvania 17121 Capital One Bank (USA) NA 2323 Lake Club Dr. Suite 300 Columbus, Hawaii 43232 Capital One Bank 11011 W. Broad St. Glen Allen, Virginia 23060-5937 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address North Newton Township 433 Oakville Rd Shippensburg, Pennsylvania 17257 i I 7 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Naive Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Address 371 Greenspring Road Newville, Pennsylvania 17241 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. March 8, 2010 TERRENCE J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION A1,.1, THOSE CF..RTAIN two tracts of land actuate In North Newton Township, together with the Improvements twoon end, more particularly bounded and desdlbed and as Man; TRACT NO. is BEGINNING at a point In the corner of the State Road leafing flan NewV81e to Roxbury at corner of land now 4 ftxrmery of Dewey Sheafter, thence byte venter of Said road South 7175 dew West 110 feet to a poUt in the center of said road as comer of lands now or fom ly of Guy L and Florenoe L W, thence by land of Said toys North 30 dogma Weat 56925 feet td tine of land now or ftwmdy of Daniel B.: lihouae; thence by its Iand of said Stsoft o North 71112 degrees East 110 feet to lend of afoneseId Dewey Shatter, thence by laude of said Dewey Shea' South 30 dogrees East 568.25 feet to the center of the aforesakl Public Road, the Place of BEGINNING. No buildings shalt be erected on dit tract of land within 180 feet of the center of the highway. TRACT NO. Z~ BEC314013 at a point In the center of Hwy Route No. 641 leading ftm NewWlle to N wAxi g: thence by land now or formerly of Wfifred A. l amourstac, et m and iand now or formerly of D. M. S#cW*tm -Jr., North 27 degrees West 1300 feu, more or leas, to a past on line of land now orfb merly of John Hoover; thence by said land. North 63 degrees East 100 feet to a point thence by land now or fbnr wrly of Dewey Shaeffer, South 27 degrees East 1840 teat, more or leas„ tip a point in the oentar of Hlgfrway Route No. 641 sibroseK thence by the canter of said Highway, South 74 degrees West 100 Not to the Place of Beginning. CONTAINING 3 Auras, more or las. UNDERANDtSUBJECT, NEVERTHEI.E6S, to easements. restrictions, remvabons and conditions of rights of way of record: BEING PARCEL NUMBER 30-08-0593-025 BEING KNOWN AS171 Greenspring Road, Newville, Pennsylvania 17241. BEING the same premises which Wilfred A. Lamourex and Penny S. Lamourex, His Wife, by deed dated September 14, 1988 and recorded September 19, 1988 in the office of the Recorder in and for Cumberland County in Deed Book 033, Page 635, granted and conveyed to Ralph B. Stone and Lauretta D. Stone, husband and wife. Upon the deaths of Ralph B. Stone and Lauretta D. Stone, title became vested in Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner. FM1tA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL ACTION LAW The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-443 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner 1614 Norwood Avenue Prospect Park, Pennsylvania 19076 Your house (real estate) at 371 Greenspring Road, Newville, Pennsylvania 17241 is scheduled to be sold at Sheriffs Sale on June 2, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $213,259.31 obtained by The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to The Bank Of New York Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 the back payments, late charges, costs, and reasonable attorney's fees due. To fmd out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THOSE CERTAIN two tracts of land situate In North Newton Township, together with the Improvements thereon erected, more particularly bounded and described and as Wows: TRACT NO. i s BEGINNING at a point In the center of the Stage Road leafing from Ne"e to Roxbury at corner of lend now air formerly of DOW Sheaffer; thence by the center of said road South 7114 degrees West 110 feet to a point in the center of add road as comer of lands now or formerly of Guy L and Fkwwoe Z. Loy; thence by land of sold l oys North 30 degrees West 569.26 fed to One of land now or formerly of Daniel B, Stac[chouse; thence by Wand of said atswiehouse North 71112 degrees East 110 feet to WM of a kweaaid Dewey SheaRer, thane by lands of said Dewey Sheaft South 30 degrees East 599.25 feet to the enter of the a>;oreeakl Public Road, the Place of BEGINNING. No buildings shell be erected on this tract of land within 180 feet of the center of the highway. TRACT NO. 2: BEGIWING at a point in the center of Highway Route No, 841 leading from Newville to Newburg; thenoe by land now or formerly of Wilfred A. Lamoureux, et ux, and land now or formerly of D. M. Ste, 1r', North 27 dogmas Weed 1300 meat, more or lees, to a post on line of land now or formerly of John Hoover; thence by said land. North 53 degrees East 100 feet to a point thence by land now or fwneriy of Dewey Shaeffer, South 27 degrees East 1840 feoi, more or less, to a point In the center of Highway Rafe No. 841 afaresaid; thence by the enter of said Highway, South 74 degrees West 100 feet to the dace of Beginning. CONTAINING 3 Acres, more or lees. UNDERAND?SUBJECT, NEVERTHELESS, to easements, restrictions, reservations and conditions of rights of way of record BEING PARCEL NUMBER 30-08-0593-025 BEING KNOWN AS 371 Greenspring Road, Newville, Pennsylvania 17241. BEING the same premises which Wilfred A. Lamourex and Penny S. Lamourex, His Wife, by deed dated September 14, 1988 and recorded September 19, 1988 in the office of the Recorder in and for Cumberland County in Deed Book 033, Page 635, granted and conveyed to Ralph B. Stone and Lauretta D. Stone, husband and wife. Upon the deaths of Ralph B. Stone and Lauretta D. Stone, title became vested in Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO10-443 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE ALTERNATIVE LOAN TRUST 2007-6 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-6 Plaintiff (s) From LAURETTA M. BLAINE, EXECUTRIX OF THE ESTATE OF LAURETTA D. STONE, DECAEASED MORTGAGOR AND REAL OWNER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $213,259.31 L.L.$.50 Interest FROM 3/09/10 T06/02/10 $3,015.16 AT $35.06 Atty's Comm % Due Prothy $2.00 Atty Paid $196.30 Plaintiff Paid Date: 3/9/10 Other Costs avid D. Buell, 4Prothc(Seal) By: Deputy REQUESTING PARTY: Name: TERRENCE B. MCCABE, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA, Known and numbered, 371 Greenspring Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ReUaass a te Coordinator 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. r Li Marie Coyne, Edi SWORN TO AND SUBSCRIBED before me this 0 da of April, 2010 Notary ORAH A COLLINS FCARLISLE OTARIAL SEAL Notary PubiiC UGH. CUMBERLAND COUNTY i00 Expires Apr 28,2014 Writ No. 2010-443 Civil The Bank of New York Mellon F/K/A The Bank of New York as Successor to JPMorgan Chase Bank, As Trustee for the Benefit of the Certificateholders of Equity One ABS, Inc. Mortgage Pass-Through Certificates, Series 2004-2 VS. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Atty: Terrence McCabe ALL THOSE CERTAIN two tracts of land situate In North Newton Township, together with the Im- provements thereon erected, more particularly bounded and described and as follows: TRACT NO. 1: BEGINNING at a point In the center of the State Road leafing from Newville to Roxbury at corner of land now or formerly of Dewey Shaffer, thence by the center of said road South 71 1/2 degrees West 110 feet to a point in the center of oW road as comer of lands now or %roserly of Guy L. and Florence Z. Lay; thence by land of said Loys North 30 degrees West 569.25 feet to litre of land now or formerly of Dspiel B. Stackhouse; thence by the kind of said Stackhouse North 711/2 degrees East 110 feet to land of aforesaid Dewey Sheaffer; thence by lands of said Dewey Sheaffer South 30 degrees East 569.25 feet to the center of the aforesaid Public Road, the Place of BEGINNING. No buildings shall be erected on this tract of land within 180 feet of the center of the highway. TRACT NO. 2: BEGINNING at a point In the center of Highway Route No, 641 leading from Newville to Newburg; thence by land now or formerly of Wilfred A Lamoureux, et ux, and land now or formerly of D. M. Stackhouse, Jr. North 27 degrees West 1300 feet, more or less, to a post on line of land now or formerly of John Hoover, thence by said land, North 53 degrees East 100 feet to a point thence by land now or for- merly of Dewey Shaeffer, South 27 degrees East 1340 feet, more or less, to a point In the center of Highway Route No. 641 aforesaid; thence by the center of said Highway, South 74 degrees West 100 feet to the Place of Beginning. CONTAINING 3 Acres, more or less. UNDER AND SUBJECT, NEVER- THELESS, to easements, restrictions, reservations and conditions of rights of way of record. BEING PARCEL NUMBER 30-08- 0593-025. BEING KNOWN AS 371 Green- spring Road, Newvilie, Pennsylvania 17241. BEING the same premises which Wilfred A. Lamourex and Penny S. Lamourex, His Wife, by deed dated September 14, 1988 and recorded September 19, 1988 in the office of the Recorder in and for Cumberland County in Deed Book 033, Page 635, granted and conveyed to Ralph B. Stone and Lauretta D. Stone, _ husband and wife. Upon the deaths of Ralph B. Stone and Lauretta D. Stone, title became vested in Lauretta M. Blaine, Executrix of the Estate of r - The Patriot-News Co 2020 Technology Pkwy Suite 300 Mechanicsburg, P.A. 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Zbe paNtonwoyt Views CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: laws of t That she is a Staff Accountant of The Pr office and place ofrb?s business ag812 to 818 Market Street,rm the the C ty ofhe Sunday Commonwealth of Pennsylvania, with its principal t-News Patriot- Harrisburg, County of Dauphin, State of Pennsylvania , owner and publisher of The and published at 812 to 8 8 Market Street ,a City, County and St to aforresa d that newspapers general circulation, printed The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, an all have been continuously published ever since; and ublished That the printed notice or publication which l securely attached hereto is nepherE he noPsaid Comipanyiisregular date(s) indicated eactly as daily and/or Sunday/ Metro editions which appeared on interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, verify place and character of publication are true, and ed to ment That she has personal knowledge d of ithe rtue and pursuandt to and is duly authozed and a resolution unanimously passedrannd adop edhseverrally by the behalf of The Patriot-News Co. aforesaid by Book and subsequently dui 317 rded in the office for the Recording of Deeds "M", Volume 14, Page . stockholders and board of directors of the id Company in and for said County of Dauphin in Miscellaneous PUBLICATION COPY This ad ran on the date(s) shown below: 04116110 04123110 4 04130110 X Sworn to and subscribed before me this 187day of May, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA r Notedal Seat Sherrie L Kisner, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 21?31 _? Member, Pennsvlvania Associatlon of Notarles 101t No. 2010 443 Civil Term The Bark of NOW York Melton FfK/A The Bank of New Vbrk as Successor anPf OM@n Chase Trustee for the Benefit of the C"Ifficafeholders of Equity One ASS Inc. Mort aW PP Through t*rWICales, Series 2OD4-2 vs. Laurette M. Blaine Executrlic of the Estate of Laurette D. Stone, Deceased MOV"r am Real Owner Ally: Ternmvg MCCabe ALL THOSE CERTAIN two tracts of land situate in North Newton Tawnship, together with the improvements thereon erected, more particularly bounded and described and as follows: TRACT NO. 1: BEGINNING at a point in the center of the State Road leafing from Newville to Roxbury at comer of land now or formerly of Dewey Sheaffer thence by the center of said road South 71 112 degrees West 110 feet to a point in the center of said road as comer of lands now or formerly of Guy L. and Florence Z. Loy; thence by land of said Loys North 30 degrees West 569,25 feet to line of land now or formerly of Daniel B. Stackhouse; thence by the land of said Stackhouse North 71112 degrees East 110 feet to land of aforesaid Dewey Sheaffer; thence by lands of said Dewey Sheaffer South 30 degrees East 569.25 feet to the center of the aforesaid Public Road, the place of BEGINNING. No buildings shall be erected on this tract of land within 180 feet of the center of the highway. TRACT NO. 2: BEGINNING at a point Ip the center of Highway Route No, 641 leading from Newvilfe to Newburg; thence by land now or formerly of Wilfred A Lamoureux, et ux, and land now or fotmerly of D. M. Stackhouse, Jr. North 27 degrees West 1300 feet, more or less, to a post on Ime of land now or formerly of john Hoover, thence by said land, North 53 degrees East 100 feet to a point thence by land now or formerly of Dewey Shaeffer, South 27 degrees Fast 1340 feet, more or less, to a point In the center of Highway Route No. 641 aforesaid; thence by the center of said Highway, South 74 degrees West 100 feet to the Place of Beginning. CONTAINING 3 Acres, more or less. UNDER AND SUBJECT, NEVERTHELESS, to easements, restrictions, reservations and conditions of rights of way of record, BEING PARCEL NUMBER 30-08-0593-025 BEING KNOWN AS 371 Greenspring Road, Newville, Pennsylvania 17241. BEING the same premises which Wilfred A. Lamourex and Penny S. Lamourex, His Wife, by deed dated September 14, 1988 and recorded September 19;1988 in the office of the Recorder in and for Cumberland County in Deed Book 033, Page 635, granted and conveyed to Ralph B Stone and Lauretta D. Stone, husband and wife. Upon the deaths of Ralph B. Stone and Lauretta D. Stone, title became vested in Lauretta M, Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-443 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK MELLON FKA THE BANK NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE ALTERNATIVE LOAN TRUST 2007-6 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-6 Plaintiff (s) From LAURETTA M. BLAINE, EXECUTRIX OF THE ESTATE OF LAURETTA D. STONE, DECEASED MORTGAGOR AND REAL OWNER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $213,259.31 L.L.: Interest FROM93/9/10 - $28,784.26 AT $35.06 Atty's Comm: % Atty Paid: $1,448.34 Plaintiff Paid: Due Prothy: $2.00 Other Costs: mate: DECEMBER 12, 2011 (Seal) REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE David D. Buell, Prothonotary- Deputy Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Bank of New York Mellon fka The Bank New York as Trustee for the Benefit of the Alternative loan Trust 2007-6 Mortgage Pass- Through Certificates Series 2007-6 V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner FILE NO.: 10-443 Civil Term Civil Term AMOUNT DUE: $213,259.31 INTEREST: from 03/09/10 $28,784.26 at $35.06 ATTY' S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 371 Greenspring Road, Newville, Pennsylvania 17241 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a hs pendens against real estate of the defendant(s) described in the attached exhibit. DATE: December 7. 2011 D • 9?r?o :ty h a jy4 8% 1 a Signature: Print Name: Marga)kt Gairo, Esquire Firm: MCCABE, WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 34419 C?? JsssyQ ? L? Q?.Jecl ?Q?fl`a(p85oS I?/? LEGAL DESCRIPTION ALL THOSE CERTAIN TWO TRACTS OF LAND SITUATE IN NORTH NEWTON TOWNSHIP, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, MORE PARTICULARLY BOUNDED AND DESCRIBED AND AS FOLLOWS: TRACT NO. 1: BEGINNING AT A POINT IN THE CENTER OF THE STATE ROAD LEAFING FROM NEWVILLE TO ROXBURY AT CORNER OF LAND NOW OR FORMERLY OF DEWEY SHEAFFER; THENCE BY THE CENTER OF SAID ROAD SOUTH 71 'h DEGREES WEST 110 FEET TO A POINT IN THE CENTER OF SAID ROAD AS CORNER OF LANDS NOW OR FORMERLY OF GUY L. AND FLORENCE Z. LOY; THENCE BY LAND OF SAID LOYS NORTH 30 DEGREES WEST 569.25 FEET TO LINE OF LAND NOW OR FORMERLY OF DANIEL B. STACKHOUSE; THENCE BY THE LAND OF SAID STACKHOUSE NORTH 71 '/z DEGREES EAST 110 FEET TO LAND OF AFORESAID DEWEY SHEAFFER; THENCE BY LANDS OF SAID DEWEY SHEAFFER SOUTH 30 DEGREES EAST 569.25 FEET TO THE CENTER OF THE AFORESAID PUBLIC ROAD, THE PLACE OF BEGINNING. NO BUILDINGS SHALL BE ERECTED ON THIS TRACT OF LAND WITHIN 180 FEET OF THE CENTER OF THE HIGHWAY. TRACT NO.2: BEGINNING AT A POINT IN THE CENTER OF HIGHWAY ROUTE NO, 641 LEADING FROM NEWVILLE TO NEWBURG; THENCE BY LAND NOW OR FORMERLY OF WILFRED A. LAMOUREUX, ET UX, AND LAND NOW OR FORMERLY OF D. M. STACKHOUSE, JR., NORTH 27 DEGREES WEST 1300 FEET, MORE OR LESS, TO A POST ON LINE OF LAND NOW OR FORMERLY OF JOHN HOOVER; THENCE BY SAID LAND, NORTH 53 DEGREES EAST 100 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF DEWEY SHAEFFER, SOUTH 27 DEGREES EAST 1340 FEET, MORE OR LESS, TO A POINT IN THE CENTER OF HIGHWAY ROUTE NO. 641 AFORESAID; THENCE BY THE CENTER OF SAID HIGHWAY, SOUTH 74 DEGREES WEST 100 FEET TO THE PLACE OF BEGINNING. CONTAINING 3 ACRES, MORE OR LESS. UNDER AND SUBJECT, NEVERTHELESS, TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND CONDITIONS OF RIGHTS OF WAY OF RECORD. BEING: 371 Greenspring Road, Newville, Pennsylvania 17241. BEING the same premises which WILFRED A. LAMOUREUX AND PENNY S. LAMOUREUX, HIS WIFE by deed dated September 14, 1988 and recorded September 19, 1988 in the office of the Recorder in and for Cumberland County in Deed Book 33, Page 635, granted and conveyed to Ralph B. Stone and Lauretta D. Stone, his wife. AND the said Ralph B. Stone departed this life on October 10, 2007 leaving title vested solely in Lauretta D. Stone, by operation of law. AND ALSO the said Lauretta D. Stone departed this life on December 19, 2008 leaving title vested solely in Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner, by operation of law. TAX MAP PARCEL NUMBER: 30-08-0593-025 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 1.23 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of New York Mellon fka The Bank New York as Trustee for the Benefit of the Alternative loan Trust 2007-6 Mortgage Pass- Through Certificates Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff - _..' D - t CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-443 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 371 Greenspring Road, Newville, Pennsylvania 17241, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owner or Reputed Owner Name Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, Pennsylvania 19076 Mortgagor and Real Owner Name and address of Defendant in the judgment: Name Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, Pennsylvania 19076 Mortgagor and Real Owner Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Unemployment Compensation Fund Capital One Bank (USA) NA The Bank of New York Mellon flea 1800 Tapo Canyon Road The Bank of New York as Trustee for Mail Stop #SV-103 the Benefit of the Alternative Loan Simi Valley, California 93063 Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 4 5 6 7 Wilmington Trust Company P.O. Box 8990 Drop Code 1874 Wilmington, Delaware 19889 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein 16th Floor L& I Building Harrisburg, Pennsylvania 17121 2323 Lake Club Drive, Suite 300 L&I Bldg Columbus, Ohio 43232 Address Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address North Newton Township 433 Oakville Rd Shippensburg, Pennsylvania 17257 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Address 371 Greenspring Road Newville, Pennsylvania 17241 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 United States of America c/o U.S. Dept of Justice, Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 United States of America c/o U.S. Dept of Justice, Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. December 7, 2011 M rgare Gairo, Esquire DATE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bank of New York Mellon flea The Bank New York as Trustee for the Benefit of the Alternative loan Trust 2007-6 Mortgage Pass- Through Certificates Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant Attorneys for Plaintiff + ;. C c, D COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-443 Civil Term AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner 1614 Norwood Avenue Prospect Park, Pennsylvania 19076 SWORN AND SUBS BE E THIS:WY OF 2011- OTARY PUBLIC N 6?' Barbara S aH r 4?ry,ar+ Cif of Philatle, `C r L), Phlladel hia Caurty MY COMMISSION pPIRES JANA2, 201$ A ?, /, ;ez ? arga Gairo, Esquire Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Bank of New York Mellon flea The Bank New York as Trustee for the Benefit of the Alternative loan Trust 2007-6 Mortgage Pass- Through Certificates Series 2007-6 V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-443 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner 1614 Norwood Avenue Prospect Park, Pennsylvania 19076 C: ?a ?y rte:; Your house (real estate) at 371 Greenspring Road, Newville, Pennsylvania 17241 is scheduled to be sold at Sheriffs Sale on June 6, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $213,259.31 obtained by Bank of New York Mellon flea The Bank New York as Trustee for the Benefit of the Alternative loan Trust 2007-6 Mortgage Pass- Through Certificates Series 2007-6 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Bank of New York Mellon flea The Bank New York as Trustee for the Benefit of the Alternative loan Trust 2007-6 Mortgage Pass- Through Certificates Series 2007-6 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. q CD r-v ?- You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The bank of New york Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner and Lauretta D Stone Defendants Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS C-) G NO: 10-443 Civil Term -0, ; `i 70 r --. M = <> C' C' r = -4C) C-) > ? ? rQ AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 371 Greenspring Road, Newville, Pennsylvania 17241, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. Name and address of Owner or Reputed Owner Name Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, Pennsylvania 19076 Mortgagor and Real Owner Name and address of Defendants in the judgment: Name Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, Pennsylvania 19076 Mortgagor and Real Owner Lauretta D Stone 1614 Norwood Avenue Prospect Park, Pennsylvania 19076 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Unemployment Compensation Fund Capital One Bank (USA) NA Address 16th Floor L& I Building Harrisburg, Pennsylvania 17121 2323 Lake Club Drive, Suite 300 L&I Bldg Columbus, Ohio 43232 The Bank of New York Mellon fka 1800 Tapo Canyon Road The Bank of New York as Trustee for Mail Stop #SV-103 the Benefit of the Alternative Loan Simi Valley, California 93063 Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Wilmington Trust Company P.O. Box 8990 Drop Code 1874 Wilmington, Delaware 19889 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address North Newton Township 433 Oakville Rd Shippensburg, Pennsylvania 17257 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 371 Greenspring Road Newville, Pennsylvania 17241 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the 10-443 Civil Term District of PA Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 and U.S. Post Office and Courthouse 700 Grant Street, Suite 400 Pittsburgh, PA 15219 United States of America c/o U.S. Dept. of Justice, Rm. 51 11 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 United States of America c/o U.S. Dept. of Justice, Rm. 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McCABE, WEISBERG & CONWAY, P.C. April 10, 2012 Attorneys for Plaintiff DATE By: nAL &6e? - TERRENCE McCABE, ESQUIRE MARC S. W SBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The bank of New york Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff V. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner and Lauretta D Stone Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-443 Civil Term AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 10th day of April, 2012, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSC OFFrDI MET IS AY 281,2/' ARY PUBLIC LCM4yVC`0M-2t ?', U10N FXI'IRi51AN.12, 2014 McCABE, WEISBERG & CONWAY, P.C. Attorneys for Plaintiff By: TERRENCE J. cCABE, ESQUIRE - ID # 16496 MARC S. WE BERG, ESQUIRE - ID # 17616 6? EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The bank of New york Mellon Fka The Bank Of New York As Trustee For The Benefit Of The Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Plaintiff Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner and Lauretta D Stone Defendants DATE: April 11, 2012 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-443 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner and Lauretta D Stone PROPERTY: 371 Greenspring Road, Newville, Pennsylvania 17241 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 6, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. 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O C C CC ? ?'Q C0 11 LS' } y d m L d 7•CM.? y L Y L? . O L 7 a ?V? OVD u' O.is i a i 7V GOrs' U y wLL Ci A : 3 Q 70 W ix O 7a7Ji cC E"? x . C = V OOL' a -?30l O 7O R .U OU . CO p' RN R x em x CV]OOw ' 'C y?? y „ C«!/1? C7 c?-a x a a,mC Q UCU ?..E i?D a u.- N y y V .? w ap w o L o „a E' o? z, V Fa L d V 4 ? 0 C V L ? V pa^ E e ? z.. o N M B ? ? r o0 y C° -? F- Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~m~ta~vr ni ~': a ~u ~ rrl„r,~d f ~ 3 ! Z ~~~_ f ,;~T°... ' ;. ;A .~ rsi F'~~~~'~'i ~.~''~{~d~r~ The Bank of New York Mellon vs. Lauretta M. Blaine Case Number 2010-443 SHERIFF'S RETURN OF SERVICE 02/06/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Lauretta M. Blaine, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Delaware County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 03!04/2012 11:25 AM -The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Delaware County upon Lauretta M. Blaine, personally, at 1614 Norwood Avenue, Prospect Park, PA 19076. So Answers: Joseph F. McGinn, Sheriff. 03/20/2012 05:50 PM -Deputy Valerie Weary, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 371 Greenspring Road, Newville, PA 17241, Cumberland County. 05/31/2012 As directed by Terrence McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/8/2012 07/26/2012 As directed by Terrence McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/3/2012 10/03/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlise, PA on October 3, 2012 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTFICATEHOLDERS OF CWALT, INC., ALTERNATIVE LOAN TRUST 2007-6, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2007-6, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: 51,223.16 November 27, 2012 SO ANSWERS, ~°~.r~---~- RONNY RANDERSON, SHERIFF - ~ ~~ ~~ ~ !a ~ c~ ~~U~P~- WRiT OF,F,XECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-443 Civil CIVIL ACTION -LAW TO THF, SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK MELLON FKA THE BANK NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE ALTERNATIVE LOAN TRUST 2007-6 MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-6 Plaintiff (s) From LAURETTA M. BLAINE, EXECUTRIX OF THE ESTATE OF LAURETTA D. STONE, DECEASED MORTGAGOR AND REAL OWNER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendants} not Levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $213,259.31 Interest FROMa3/9/10 - $28,784.26 AT $35.06 Atty's Comm: ~% Atty Paid: $1,448.34 Plaintiff Paid: Date: DECEMBER 12, 2011 (Seal) L.L.: Due Prothy: $2.00 Other Costs: David D. B eli, Prothono Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 TRUE COPY FROM RECORD In Testimony whereof, I here .unto set my hand and the seal of said Court at Carlisle, Pa+ Thls ._~_ day of ~.-. 20 -~--- ^,~, ~Pro~t~honotary `~\~~ On February 6, 2012 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cuml~eriand County, PA, known and numbered 371 Greenspring Road, Newv'rfle, PA, 17241 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: February 6, 2012 ~~ i By: For Claudia. Br~w-b~ker, ~~al Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-443 Civil Term Bank of New York Mellon fka The Bank New York as Trustee for the Benefit of the Alternative loan Trust 2007-6 Mortgage Pass-Through Certificates Series 2007-6 vs. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Atty.: Margaret Gairo ALL THOSE CERTAIN two tracts of land situate in North Newton Township, together with the im- provements thereon erected, more particularly bounded and described and as follows: TRACT NO.1: BEGINNING at a point in the center of the state road leafing from Newville to Roxbury at corner of land now or formerly of Dewey Sheaffer; thence by the cen- ter of said road South 71 'a degrees West 110 feet to a point in the center of said road as corner of lands now or formerly of Guy L. and Florence Z. Loy; thence by land of said Loys North 30 degrees West 569.25 feet to line of land now or formerly of Daniel B. Stackhouse; thence by the land of said Stackhouse North 71 `a degrees East 110 feet to land of aforesaid Dewey Sheeffer; thence by lands of said Dewey Sheaffer South 30 degrees East 569.25 feet to the center of the aforesaid public road, the place of BEGINNING. No buildings shall be erected on this tract of land within 180 feet of the center of the highway. TRACT N0.2: BEGINNING at a point in the center of highway Route No, 641 leading from Newville to Newburg; thence by land now or formerly of Wilfred A. Lamoureux, et ux, and land now or formerly of D. M. Stackhouse, Jr., North 27 degrees West 1300 feet, more or less, to a post on line of land now or formerly of John Hoover; thence by said land, North 53 degrees East 100 feet to a point; thence by land now or formerly of Dewey Shaeffer, South 27 degrees East 1340 feet, more or less, to a point in the center of highway Route No. 641 aforesaid; thence by the center of sajd highway, South 74 degrees West 100 feet to the place of BEGINNING. CONTAINING 3 acres, more or less. UNDER AND SUBJECT, never- theless, to easements, restrictions, reservations and conditions of rights of way of record. BEING: 371 Greenspring Road, Newville, Pennsylvania 17241. BEING the same premises which WILFRED A. LAMOUREUX AND PENNY S. LAMOUREUX, HIS WIFE by deed dated September 14, 1988 and recorded September 19, 1988 in the office of the Recorder in and for Cumberland County in Deed Book 33, Page 635, granted and conveyed to Ralph B. Stone and Lauretta D. Stone, his wife. AND the said Ralph B. Stone de- parted this life on October 10, 2007 leaving title vested solely in Lauretta D. Stone, by operation of law. AND ALSO the said Lauretta D. Stone departed this life on December 19, 20081eaving title vested solely in Lauretta M. Blame, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner, by opera- tion of law. TAX MAP PARCEL NUMBER: 30- 08-0593-025 39 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 27, May 4, and May 11, 2012 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, E itor SWORN TO AND SUBSCRIBED before me this 1 da of May, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 cd10-443 Civil Term B.,nk of New York Mellon fka The Bank New York as Trustee for the Benefit of the Alternative loan iYust 2007-6 Mortgage Pass•Through Certificates Series 2007.6 VS Laurette M. Blaine, Executrix of the Estate of Laurette D. Stone, Deceased Mortgagor and Real Owner Arty: Margaret Gairo All Those Certain Two 7~racts Of land Situate In North Newton Township, Together With The [mprcrvements Thereon Erected, Mote Particularh~ Bounded And Described And As Follows: Tract No.l: Beginning Ar A Point in The Center Of The State Road Leafing From Newville To Roxbury At Corner Of Land Now Or Formerly Of Dewcv Sheaffer, Thence By The Center Of Said Road South 71 A Degrees West 1 l0 Feet T~ A point In The Center Of Said Road As Corner Uf Lands Now Or Formerly Of Gov L..And Florence Z. Lov: Thence Br land Of Said Loys~ North 30 Degrees 4Vcst i69?5 Feet T Line Of Land Now Or Formerly Ot Daniel B. Stackhouse; Thence By The- land Of Said Stackhoase North 71 A Degrees East 110 Feet Te Land Of Aforesaid Dewey Sheaffer; Thence By Lands Of Said llewea Shea. der South 30 Degrees East 56y,'S Feet To The Center Of The Aforesaid Public;'.oad, The Place Of Beginning- No Builc:ings Shall Be Erected On This Bract Of Land Within 180 Feet Of The Center Of The Highway. ]feet No?: Beginning At A Fuint In 71tc Center Of Highway Route No, t~4] heading From Newville To Newburg; Thence B_v Land Nr_w Or Formerly Of Wilfred A. Lamo~ eux. Et Ux, And Land Now Or Fornerly Of D. M. Stackh~use, Jr.. North 27' Degrees West 13[10 Feet, More Or Levi, To A Post On Line Of Land Now ~~ Or Formerly Of john Hrx>ver: Thence By Said Land, North 53 Degrees East 100 Feet To A Point; Thence By Land Now Or Formerly Of Dewey Shaeffer, South Z7 Degrees East 1340 Feet, More Or Less, To A Point In The Center Of ftighway Route No. 641 Aforesaid; Thence By The Center Sajd Highway, South 74 Degrees West Feet To The Place Of Beginning. ing 3 Acres, More Or Less. U r And Subject, Nevertheless, To ents, Restrictions, Resen~ations And Con~jtions Of Rights Of Way Of Rcaird. Being: 371 Grcenspring Road, Ncwville. Pennsylvania ]7241. Being The Same Premises Which Wilfred A. Lamoureux And Penny S. Lamoureux, His Wife By Deed Dated September ]4.1988 And Rernrded September 19. 19881n the Office Of The Recorder In And For ~mberland County In Deed Book 33. Page 635, Granted And Conveyed Ti Ralph B. Stone And Laurette D. Stone, His Wife. And The Said Ralph B. Stone Departed This Life On October 10.2007 Leaving Title Vested Solely In Laurette D. Stone, By Operation Of Law.And Also The Said Laurette D. Stone Departed This Life On December 19, 2008 Leaving Title Vested Solely In Laurette M. Blame, Executrix Of The Estate Of Laurette D. Stone, Deef died Mortgagor And Real Owner, By OperatioivOf Law. Tax Map gjrcel Number: 30-08-O,Sy3-0~5 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 ~he~lahiot News NOw you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Sworn to a s scribed be re rr~ th~?~~y~of May, 2012 A.D. blic COMMONWEALTH OF PENNSYLVANIA NotaMel Seel SherHe L. Owens, Notary Public Lawe- Paxton Twp., Dauphin County My Commission res Nov, 26, 2015 MEMBER, PENNSYLVANIA ASSO(.7ATION OF NOTARIES 04/27/12 05!04112 05/11/12 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which The Bank of New York Mellon F/K/A The Bank of New York as Trustee for the Benefit of the Alternative Loan Trust 2007-6 is the grantee the same having been sold to said grantee on the 3rd day of October A.D., 2012, under and by virtue of a writ Execution issued on the 12th day of December, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 443, at the suit of Bank of New York Mellon F/K/A The Bank of New York as Trustee for the Benefit of the Alternative Loan Trust 2007-6 against Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone. Deceased Mortg_ager and Real Owner is duly recorded as Instrument Number 201236659. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this oZ~ day of A.D. oz Recorder of Deeds ~~~~ Eliot ri~ RAt Monty d ~ 2DU McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUlItE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIItE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIItE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 __ Bank of New York Mellon flca The Bank New York as Trustee for the Benefit of the Alternative loan Trust 2007-6 Mortgage Pass- Through Certificates Series 2007-6 Plaintiff NO: 10-443 Civil Term Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Defendant AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 371 Greenspring Road, Newville, Pennsylvania 17241, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name 2. 3. Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, Pennsylvania 19076 Mortgagor and Real Owner Name and address of Defendant in the judgment: Name Address Lauretta M. Blaine, Executrix of the 1614 Norwood Avenue Estate of Lauretta D. Stone, Deceased Prospect Park, Pennsylvania 19076 Mortgagor and Real Owner Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Unemployment Compensation Fund Capital One Bank (USA) NA 16th Floor L& I Building Harrisburg, Pennsylvania 17121 2323 Lake Club Drive, Suite 300 L&I Bldg Columbus, Ohio 43232 The Bank of New York Mellon flca 1800 Tapo Canyon Road The Bank of New York as Trustee for Mail Stop #SV-103 the Benefit of the Alternative Loan Simi Valley, California 93063 Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 Wilmington Trust Company P.O. Box 8990 Drop Code 1874 Wilmington, Delaware 19889 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address North Newton Township 433 Oakville Rd Shippensburg,Pennsylvania17257 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Address 371 Greenspring Road Newville, Pennsylvania 17241 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 . Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 31 l Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 1? 108-1754 United States of America c/o U.S. Dept of Justice, Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 United States of America c/o U.S. Dept of Justice, Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. December 7. 2011 M rgare Gairo, Esquire DATE Attorney for Plaintiff LEGAL DESCRIPTION ALL THOSE CERTAIN TWO TRACTS OF LAND SITUATE IN NORTH NEWTON TOWNSHIP, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, MORE PARTICULARLY BOUNDED AND DESCRIBED AND AS FOLLOWS: TRACT NO.1: BEGINNING AT A POINT IN THE CENTER OF THE STATE ROAD LEAFING FROM NEWVILLE TO ROXBURY AT CORNER OF LAND NOW OR FORMERLY OF DEWEY SHEAFFEIt; THENCE BY THE CENTER OF SAID ROAD SOUTH 71 '/s DEGREES WEST 110 FEET TO A POINT IN THE CENTER OF SAID ROAD AS CORNER OF LANDS NOW OR FORMERLY OF GUY L. AND FLORENCE Z. LOY; THENCE BY LAND OF SAID LOYS NORTH 30 DEGREES WEST 569.25 FEET TO LINE OF LAND NOW OR FORMERLY OF DANIEL B. STACKHOUSE; THENCE BY THE LAND OF SAID STACKHOUSE NORTH 71 '/Z DEGREES EAST 110 FEET TO LAND OF AFORESAID DEWEY SHEAFFER; THENCE BY LANDS OF SAID DEWEY SHEAFFER SOUTH 30 DEGREES EAST 569.25 FEET TO THE CENTER OF THE AFORESAID PUBLIC ROAD, THE PLACE OF BEGINNING. NO BUILDINGS SHALL BE ERECTED ON THIS TRACT OF LAND WITHIN 180 FEET OF THE CENTER OF THE HIGHWAY. TRACT N0.2: BEGINNING AT A POINT IN THE CENTER OF HIGHWAY ROUTE NO, 641 LEADING FROM NEWVILLE TO NEWBURG; THENCE BY LAND NOW OR FORMERLY OF WILFRED A. LAMOUREUX, ET UX, AND LAND NOW OR FORMERLY OF D. M. STACKHOUSE, JR., NORTH 27 DEGREES WEST 1300 FEET, MORE OR LESS, TO A POST ON LINE OF LAND NOW OR FORMERLY OF JOHN HOOVER; THENCE BY SAID LAND, NORTH 53 DEGREES EAST 100 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF DEWEY SHAEFFER, SOUTH 27 DEGREES EAST 1340 FEET, MORE OR LESS, TO A POINT IN THE CENTER OF HIGHWAY ROUTE N0.641 AFORESAID; THENCE BY THE CENTER OF SAID HIGHWAY, SOUTH 74 DEGREES WEST 100 FEET TO THE PLACE OF BEGINNING. CONTAINING 3 ACRES, MORE OR LESS. UNDER AND SUBJECT, NEVERTHELESS, TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND CONDITIONS OF RIGHTS OF WAY OF RECORD. BEING: 371 Greenspring Road, Newviiie, Pem~syivania 17241. BEING the same premises which WILFRED A. LAMOUREUX AND PENNY S. LAMOUREUX, HIS WIFE by deed dated September 14, 1988 and recorded September 19, 1988 in the office of the Recorder in and for Cumberland County in Deed Book 33, Page 635, granted and conveyed to Ralph B. Stone and Lauretta D. Stone, his wife. AND the said Ralph B. Stone departed this life on October 10, 20071eaving title vested solely in Lauretta D. Stone, by operation of law. AND ALSO the said Lauretta D. Stone departed this life on December 19, 20081eaving title vested solely in Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner, by operation of law. TAX MAP PARCEL NUMBER: 30-08-0593-025 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, ESQUIItE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Bank of New York Mellon flca The Bank New York as Trustee for the Benefit of the Alternative loan Trust 2007-6 Mortgage Pass- Through Certificates Series 2007-6 v. Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-443 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner 1614 Norwood Avenue Prospect Park, Pennsylvania 19076 Your house (real estate) at 371 Greenspring Road, Newville, Pennsylvania 17241 is scheduled to be sold at Sheriffs Sale on June 6, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $213,259.31 obtained by Bank of New York Mellon flca The Bank New York as Trustee for the Benefit of the Alternative loan Trust 2007-6 Mortgage Pass- Through Certificates Series 2007-6 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Bank of New York Mellon flca The Bank New York as Trustee for the Benefit of the Alternative loan Trust 2007-6 Mortgage Pass- Through Certificates Series 2007-6 the back payments, late charges, costs, and reasonable attorney's fees due. To fmd out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To fmd out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordatlce with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIItING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THOSE CERTAIN TWO TRACTS OF LAND SITUATE IN NORTH NEWTON TOWNSHIP, TOGETHER WITH THE IMPROVEMENTS THEREON ERECTED, MORE PARTICULARLY BOUNDED AND DESCRIBED AND AS FOLLOWS: TRACT NO.1: BEGINNING AT A POINT IN THE CENTER OF THE STATE ROAD LEAFING FROM NEWVILLE TO ROXBURY AT CORNER OF LAND NOW OR FORMERLY OF DEWEY SHEAFFER; THENCE BY THE CENTER OF SAID ROAD SOUTH 71 YZ DEGREES WEST 110 FEET TO A POINT IN THE CENTER OF SAID ROAD AS CORNER OF LANDS NOW OR FORMERLY OF GUY L. AND FLORENCE Z. LOY; THENCE BY LAND OF SAID LOYS NORTH 30 DEGREES WEST 569.25 FEET TO LINE OF LAND NOW OR FORMERLY OF DANIEL B. STACKHOUSE; THENCE BY THE LAND OF SAID STACKHOUSE NORTH 71 '/z DEGREES EAST 110 FEET TO LAND OF AFORESAID DEWEY SHEAFFER; THENCE BY LANDS OF SAID DEWEY SHEAFFER SOUTH 30 DEGREES EAST 569.25 FEET TO THE CENTER OF THE AFORESAID PUBLIC ROAD, THE PLACE OF BEGINNING. NO BUILDINGS SHALL BE ERECTED ON THIS TRACT OF LAND WITHIN 180 FEET OF THE CENTER OF THE HIGHWAY. TRACT N0.2: BEGINNING AT A POINT IN THE CENTER OF HIGHWAY ROUTE NO, 641 LEADING FROM NEWVILLE TO NEWBURG; THENCE BY LAND NOW OR FORMERLY OF WILFRED A. LAMOUREUX, ET UX, AND LAND NOW OR FORMERLY OF D. M. STACKHOUSE, JR., NORTH 27 DEGREES WEST 1300 FEET, MORE OR LESS, TO A POST ON LINE OF LAND NOW OR FORMERLY OF JOHN HOOVER; THENCE BY SAID LAND, NORTH 53 DEGREES EAST 100 FEET TO A POINT; THENCE BY LAND NOW OR FORMERLY OF DEWEY SHAEFFER, SOUTH 27 DEGREES EAST 1340 FEET, MORE OR LESS, TO A POINT IN THE CENTER OF HIGHWAY ROUTE N0.641 AFORESAID; THENCE BY THE CENTER OF SAID HIGHWAY, SOUTH 74 DEGREES WEST 100 FEET TO THE PLACE OF BEGINNING. CONTAINING 3 ACRES, MORE OR LESS. UNDER AND SUBJECT, NEVERTHELESS, TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND CONDITIONS OF RIGHTS OF WAY OF RECORD. BEING: 371 Greenspring Road, Newville, Pennsylvania 17241. BEING the same premises which WILFRED A. LAMOUREUX AND PENNY S. LAMOUREUX, HIS WIFE by deed dated September 14, 1988 and recorded September 19, 1988 in the office of the Recorder in and for Cumberland County in Deed Book 33, Page 635, granted and conveyed to Ralph B. Stone and Lauretta D. Stone, his wife. AND the said Ralph B. Stone departed this life on October 10, 20071eaving title vested solely in Lauretta D. Stone, by operation of law. AND ALSO the said Lauretta D. Stone departed this life on December 19, 20081eaving title vested solely in Lauretta M. Blaine, Executrix of the Estate of Lauretta D. Stone, Deceased Mortgagor and Real Owner, by operation of law. TAX MAP PARCEL NUMBER: 30-08-0593-025 McCABE,WEISBERG AND CONWAY, P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -1D#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 rnca C_ -. CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 " ANN E.SWARTZ,ESQUIRE-ID#201926 "<'' clt CD JOSEPH F.RIGA,ESQUIRE-ID#57716 < - JOSEPH I.FOLEY,ESQUIRE-ID#314675 d 123 South Broad Street,Suite 1400 s Philadelphia,Pennsylvania 19109 —i tta '? (215)790-1010 The.Bank of New York Mellon Fka The Bank of CUMBERLAND COUNTY New York As Trustee For The Benefit Of The COURT OF COMMON PLEAS Alternative Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 No. 10-443 Civil Term Plaintiff V. Lauretta M. Blaine,Executrix of the Estate of Lauretta D. Stone,Deceased Mortgagor and Real Owner Defendants PRAECIPE TO THE PROTHONOTARY: ❑ Please mark the action Discontinued and Ended without prejudice. ❑ Please mark the above referenced case Settled,Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ❑ Please mark the in rem judgment Satisfied and the action Disconti d Ended. ❑ Please Vacate the Judgment entered. DATE: (7 _ ABE,WEISB D ON Y,P.C. BY: [ ] Terre J.l�V abe,Esquire [ ]Marc S.Weisberg,Esquire [ ]E and D. Conway,Esquire • [ ]Margaret Gairo,Esquire [ ] ndrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ] Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [.4 Joseph F.Riga,Esquire 1?-4? �/1 [ ]Joseph I.Foley,Esquire /1 .j1 `!-b a Attorneys for Plaintiff /� 8.S'3/„ 4 ` McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 3441.9 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 The Bank of New York Mellon Fka The Bank of New CUMBERLAND COUNTY York As Trustee For The Benefit Of The Alternative COURT OF COMMON PLEAS Loan Trust 2007-6 Mortgage Pass-Through Certificates, Series 2007-6 No. 10-443 Civil Term Plaintiff V. Lauretta M.Blaine,Executrix of the Estate of Lauretta D. Stone,Deceased Mortgagor and Real Owner Defendants CERTIFICATE OF SERVICE The undersigned Attorney for Plaintiff,hereby certifies that a true and correct copy of the within Praecipe was served on the below person by regular first class mail,postage prepaid,on 25th day of June,-2013. Lauretta M.Blaine,Executrix of the Estate of Lauretta D.Stone,Deceased Mortgagor and Real Owner 1614 Norwood Avenue Prospect Park,Pennsylvania 19076 DATE: Z6 / Mc BE,WEIS f D CONW ,P.C. BY: [ ] Terre e J.McCabe,Esquire [ ]Marc S.Weisberg,Esquire [ ]Edward D. Conway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ J Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire []-Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire Attorneys for Plaintiff