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Home My WebLink About10-2169FIED-ID "CP r -y f b,bTAR [ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. Amy L. Carey 420 Hillside Rd New Cumberland, Pennsylvania 17070 and Ervin W. Carey, Jr. 420 Hillside Rd New Cumberland, Pennsylvania 17070 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number /p ??LY+ 01 V t C CIVIL ACTION/MORTGAGE FORECLOSURE (D9 ?d- co Qssaz. R-? 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 OFFERLEGAL 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 provisioner 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 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Amy L. Carey, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 420 Hillside Rd, New Cumberland, Pennsylvania 17070. 3. The Defendant is Ervin W. Carey, Jr., who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 420 Hillside Rd, New Cumberland, Pennsylvania 17070. 4. On January 16, 2008, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB which mortgage is recorded in the Office of the Recorder of Cumberland County in Instrument # 200802436. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 420 Hillside Road, New Cumberland, Pennsylvania 17070. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due August 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $ 114,721.04 Interest through March 25, 2010 $ 5,979.08 (Plus $22.31 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 310.00 Corporate Advance $ 30.00 Escrow Advance $ 337.42 GRAND TOTAL $ 122,677.54 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $122,677.54, together with interest at the rate of $22.31 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: 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: - r11? AJA? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE D??6 I ? Prepared By: CHERYL A. WELCH Countrywide Home Loans, Inc. dba America's Wholesale Lender 1210 NORTHBROOK DR.#300 TREVOSE PA 19053 Phone: (215) 322-3700 After Recording Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 Parcel Number: Premises: 420 HILLSIDE RD NEW CUMBERLAND PA 17070-1862 610 187696649 D2 801 001 18pace Above This Line For Receding Datal 00018769664901008 [Doc ID #1 MORTGAGE MIN 1001337-0002870722-5 1111111 1111110111111111 2 3 9 9 1" 1 8 7 6 9 6 6 4 9 0 0 0 0 0 1 0 0 6 A 2VG 6-x t . DOC ID #: 00018769664901008 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 JANUARY 16, 2008 together with all Riders to this document. (B) "Borrower" is ERVIN W CAREY JR, AND AMY L CAREY Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" Is Countrywide Bank, FSB. Lender is a FED SVGS BANK organized and existing under the laws of THE UNITED STATES Lender's address is 13.99 North Fairfax St. Ste.500 Alexandria, VA 22314 (E) "Note" means the promissory note signed by Borrower and dated JANUARY 16, 2008 The Note states that Borrower owes Lender ONE HUNDRED SIXTEEN THOUSAND FIVE HUNDRED and 00/100 Dollars (U.S. $ 116, 500. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt In full not later than FEBRUARY 01, 2038 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges-due under the Note, and all sums due under this Security Instrument, plus interest. (Ii) "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]: M Mortgage-PA 1006A-PA (06101) Page 2 of 16 Form 3039 1101 ? Adjustable Rate Rider ? Balloon Rider ? VA Rider DOC ? Condominium Rider ? Planned Unit Development Rider ? Biweekly Payment Rider ID #: 00018769664901008 ? Second Home Rider ? 1-4 Family Rider ® Other(s) [specify] LEGAL (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. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (i) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow items" means those items that are described-in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1) damage to, or destruction of, the Property: (if) condemnation or other taking of all or any part of the Property; (fit) 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. (0) "Periodic Payment" means the regularly scheduled amount due for (f) 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 ail 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. (tv "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (I) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (li) 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 M Mortgage-PA 1008A-PA (06107) Page 3 of 16 Form 3039 1/01 LIlc ?- DOC ID ##: 00018769664901008 COUN'T'Y of CUMBERLAND [Type otRwording 7urtsdictionl [Nam of Rwordtng Judsdtc lonl SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 420 HILLSIDE RD, NEW CUMBERLAND [Street/Cityl Pennsylvania 17070-1862 ("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. Ali replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. M Mortgage-PA 100BA-PA (06107) Page 4 of 16 Form 3038 1101 I- " `--- DOC ID #: 00018769664901008 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. 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 M Mortgage-PA 9006A-PA (06107) Page 5 of 16 Form 3039 1101 ,f? Q-1, DOC ID #: 00018769664901008 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 falls to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require or RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on 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 M Mortgage-PA 1006A.PA (06/01) Page 6 of 16 Form 3039 1101 Zee oc__ DOC ID #: 00018769664901008 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 Leader 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 M Mortgaga-PA 1006A-PA (06/07) Page 7 of 16 Form 3039 1101 DOC ID #: 00018769664901008 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 extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property, Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, 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 M Mortgage-PA 1006A-PA (06107) Page 8 or 16 Form 3039 1101 DOC ID #: 00018769664901008 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 Ins(rument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's Interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower segued 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 cast substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected-by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on M Mortgage-PA 1006A-PA (06107) Page 9 of 16 Form 3039 1101 dilG Q(2" DOC ID #: 00018769664901008 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 afflllate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance.' Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or in a series of progress payments as the work is completed. Unless an agreement Is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or 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 M Mortgage-PA 1006A-PA (06107) Page 10 of 16 Foam 3039 1101 DOC ID #: 00018769664901008 otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result In forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to-be dismissed with a ruling that, In Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors In Interest of Borrower or In amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the 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 M Mortgage-PA 1006A-PA (06107) Page 11 of 16 Form 3039 1101' -Zf l?- & DOC ID #: 00018769664901008 not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a•waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address If sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address, If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by 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; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligatlohs contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender: (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred In a bond for deed, contract for deed, Installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If such exercise Is prohibited by Applicable Law. M Mongage-PA 1006A-PA (06/07) Page 12 of 16 Form 3039 1101 DOC ID #; 00018769664901008 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, Instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law, There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there Is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires In connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given. in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. M Mortgage-PA 1006A-PA (06/07) Page 13 of 16 Form 3039 1101 L?GJ G DOC ID #: 00018769664901008 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). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or Is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. Nothing herein shall create any obligation on Leader 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 it 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 an 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. M Mortgage-PA 1006A-PA (06/07) Page 14 of 16 Forth 3039 1101 ?c ? . DOC ID #: 00018769664901008 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. 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. ERVIN W. CAREY JR „_ (Seal) -Borrower (Seal) rrower (Seal) -Borrower M Mortgage-PA 1006A-PA (06/07) Page 15 of 16 - (Seal) -Borrower Form 3039 1101 *4. . ?M`]DO?C??W,#: 00018769664901008 COMMONWEALTH OF PENNSYLVANIA, 4Jrt County ss: On this, the V0 day of ?- 14t'041 , before me, tlLe undersigned officer, personally appeared r--? known to me (or satisfactorily proven) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged that he/shelthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMO W LTH OF PENNSYLVANIA NOTARIAL SE JACK V. VALENT N Notary Public Title of Officer Lower Paxton Twp., Dauphin County MY Commission Expires June 26, 2010 Member, Pehnsylval I JUSO MOO of Notaries Certificate of Residence the correct address of the \1 M N> A a' -, , do hereby certify that Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my band this `\O day of Jo.+?? ..?.. COMMOMEALTH OF PENNSYLVANIA NOTARIAL SEAL JACK V. VALENTIN, Notary Public Lower Paxton Up., Dauphin County Commission Expires June 26, 2010 Membar, Pennsylvania Association of Notaries M Mortgage-PA 1006A-PA (0610 Page 16 of 16 Form 3038 1101 •. j Schedule C Legal Description THE FOLLOWING DESCRIBED REAL PROPERTY SITUATE IN THE BOROUGH OF NEW CUMBERLAND, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA, TO WIT: BEGINNING AT A POINT ON THE WEST SIDE OF HILLSIDE ROAD, AT THE DIVIDING LINE BETWEEN LOTS 9 AND 10 ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE WEST SIDE OF HILLSIDE ROAD, SOUTH EIGHTEEN (18) DEGREES EIGHT (8) MINUTES TWELVE (12) SECONDS EAST, A DISTANCE OF (50.00) FEET TO A POINT AT LINE OF LOT NO.11; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 10 AND 11 SOUTH SEVENTY-ONE (71) DEGREES FIFTY-ONE (51) MINUTES FORTY- EIGHT (48) SECONDS WEST, ADISTANCE OF ONE HUNDRED TWENTY (120.00) FEET TO A POINT AT LINE OF PROPERTY NOW OR LATE OF GORDON WILLIS, ET AL; THENCE ALONG.SAID PROPERTY LINE NORTH EIGHTEEN (18) DEGREES EIGHT (8) MINUTES TWELVE (12) SECONDS WEST, A DISTANCE OF FIFTY (50.00) FEET TO A'POINT AT THE DIVIDING LINE BETWEEN LOTS 9 AND 10; THENCE ALONG THE DIVIDING LINE BETWEEN LOTS 9 AND 10 NORTH SEVENTY-ONE (71) DEGREES FIFIYONE (51) M]NUTES FORTY-EIGHT (48) SECONDS EAST, A DISTANCE OF ONE HUNDRED TWENTY (120) FEET TO A POINT ON THE WEST SIDE OF SIDE ROAD, THE PLACE OF BEGINNING BEING LOT NO. 10 ON THE SUBDIVISION PLAN OF NEW CUMBERLAND HOMES RECORDED IN THE RECORDER OF DEEDS OFFICE OF CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 41, PAGE 150. HAVING THEREON ERECTED A BRICK DWELLING HOUSE KNOWN AND NUMBERED AS 420 HILLSIDE ROAD, NEW CUMBERLAND, PENNSYLVANIA, 17070. TAX ID #: 25-25-0008-040 v A 04,U ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200802436 Recorded On 1/2412008 At 11:41:18 AM * Total Pages -18 * Instrument Type - MORTGAGE Invoice Number -13089 User ID - AF * Mortgagor - CAREY, ERVIN W JR * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - KEYSTONE LAND SETTLEMENT * FEES STATE WRIT TAR $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $37.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $64.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA : 11o 0 RECORDER O D DS i * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11111111111111H ?u SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff _ t=sl ~~_-,' 1~,, - ~.: Jody S Smith ~~tti~t~, at tiiicubxrf~~,j~ _'" T;-+~ r -~;_, '' ~~t~'I~ Chief Deputy ~ Z~~~ ~,s ~~ ~ ~ H~ ;~~ `t1~ Edward L Schorpp Solicitor ~r~ ~.~ -~~i~..~~`v=,_ ~~ i~ i~ BAC Home Loans Servicing, LP vs. Case Number Ervin W. Carey (et al.) 2010-2169 SHERIFF'S RETURN OF SERVICE 04!06/2010 06:20 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 6, 2010 at 1815 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ervin W. Carey, by making known unto himself personally, at 420 Hillside Road, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. RK NKLIN, DEPUTY 04/06/2010 06:20 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 6, 2010 at 1815 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Amy L. Carey, by making known unto herself personally, at 420 Hillside Road, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. MA K CONKLI ,DEPUTY SHERIFF COST: $59.30 April 07, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF .~ Sren*t ie ^osafl ~ c. ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION FILE NO.: 10-2169 Civil Term Civil Term Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP AMOUNT DUE: $123,703.80 v. Amy L. Carey and Ervin W. Carey, Jr. INTEREST: from OS/11/10 to 09/08/1 $2,461.14 at $20.34 ATTY'S COMM.: - COSTS: ra 0 ca n`' -t ~- : _ rw ~- c , x'> ~..' TO THE PROTHONOTARY OF SAID COURT: ~ ~ ~ The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, o couflt based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filedrsua~jto Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. ---~ ~~ ~, . C`) =~ C~ .= ~ r-n -c 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) 420 Hillside Road, New Cumberland, Pennsylvania 17070 (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 lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: OS-10-2010 ~a~. oo P A ATr'1 5q . 3o CBF qa• oo I~ • 00 " ~. 5 O `' rqi. sa - PD ATE ~a.oo t~~ CO' •so u, r7~~ ln(v Iao 2,# a~ lams ~E l~l~~1l~~~Wt.~ Signature: /~ Print Name: 1vICCABE, WEISBERG Address:123 S. Broad Street_ Suite Attorney for: Plaintiff ~~ Telephone: X215) 790 1010 Supreme Court ID No. AY ~i LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the west side of Hillside Road, at the dividing line between Lots 9 and 10 on the hereinafter mentioned Plan of Lots; thence along the west side of Hillside Road, South 18 degrees 8 minutes 12 seconds East, a distance of 50 feet to a point at line of Lot No. 11; thence along the dividing line between Lots 10 and 11 South 71 degrees 51 minutes 48 seconds West, a distance of 120.00 feet to a point at line of properly now or late of Gordon Willis, et al.; thence along said property line North 18 degrees 8 minutes 12 seconds West, a distance of 50.00 feet to a point at the dividing line between Lots 9 and 10; thence along dividing line between Lots 9 and 10 North 71 degrees 51 minutes 48 seconds East, a distance of 120.00 feet to a point on the west side of Hillside Road, the place of beginning. BEING Lot No. 10 on the Subdivision Plan of New Cumberland Homes recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Plan Book 41, Page 150. HAVING thereon erected a brick dwelling house known and numbered as 420 Hillside Road, New Cumberland, Pennsylvania, 17070. BEING PARCEL NO.: 25-25-0008-040 BEING KNOWN AS 420 Hillside Road, New Cumberland, Pennsylvania 17070. BEING the same premises which ERVIN W. CAREY, JR by deed dated August 10, 2010 and recorded August 10, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 270, Page 2823, granted and conveyed to Amy L. Carey and Ervin W. Carey, Jr. in fee. C~ 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. TERRENCE J. MICA IRI MARC S. WEIS G, E QUIRE EDWARD D. ONWA ,ESQUIRE MARGARE GAIRO SQUIRE Attorneys for ~' ~. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. Amy L. Carey and Ervin W. Carey, Jr. Defendants COURT OF COMMON PLEAS C o ~'n ~ ~ ~ ° ' CUMBERLAND COUNTY ~~ ~ ~ C~. Number 10-2169 Civil Term -~C :~ (..) ` ~ ~ ...; 3 ~~ t ~ ~ OD N Attorneys for Plaintiff AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: Amy L. Carey Ervin W. Carey, Jr. 420 Hillside Rd 420 Hillside Rd New Cumberland, Pennsylvania 17070 New Cumberland, Pennsylvania 17070 SWORN AND SUBS( BED BEFORE M THIS~CDAY OF , 20~ ., ~ TERRENCE J. MARC S. W EDWARD . C 3~E, ESQUIRE ESQUIRE Y, ESQUIRE ESQUIRE NCJ~ARY PUBIl,>~) ~' MM NyfEAtTN Of PENS EyA L NC]-~~gR1AL LANA T WAfi1n a PMS~ep~auCBauntY Clpl d Philadelp ~ ~/,1AIS3lON p!PtRES NoY. a2 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 Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-2169 Civil Term ra v. ~ ca s. ° Amy L. Carey and Ervin W. Carey, Jr. trtr~~ ~ ;t;_ ;, -t .cg r`'I Defendants ~ ~= ~,,,~ C;~" ~> ._. 2- AFFIDAVIT PURSUANT TO RULE 3129 ~- ~ ~ b ~ The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ~f N Execution was filed the following information concerning the real property located at: 420 Hillside Road, New Cumberland Pennsylvania 17070, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owners or Reputed Owners Name Address Amy L. Carey 420 Hillside Rd New Cumberland, Pennsylvania 17070 Ervin W. Carey, Jr. 420 Hillside Rd New Cumberland, Pennsylvania 17070 Name and address of Defendants in the judgment: Name Address Amy L. Carey 420 Hillside Rd New Cumberland, Pennsylvania 17070 Ervin W. Carey, Jr. 420 Hillside Rd New Cumberland, Pennsylvania 17070 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address m ~~ ~::.? -G None Name and address of the last recorded holder of every mortgage of record: 5. 6. 7. Name Address None Name and address of every other person who has any record lien on the property: Name Address None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 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 420 Hillside Road New Cumberland, Pennsylvania 17070 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 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17]05 ATTN: Dan Richard 110 North 8"' Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department#280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17]28-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States U.S. Dept. of Justice 8. Name and address of Attorney of record: Name Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18501-0309 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept. of Justice, Rm. 5111 Main Justice Bldg., 10th & Constitution Ave. N.W. Washington, DC 20531 10th & Constitution Ave. N.W., Rm. 4400 Washington, DC 20531 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. May ] 0, 2010 DATE TERRENCE J. CABE, QUIRI MARC S. WEIS ERG, E DIRE EDWARD D. CO ,ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the west side of Hillside Road, at the dividing line between Lots 9 and 10 on the hereinafter mentioned Plan of Lots; thence along the west side of Hillside Road, South 18 degrees 8 minutes 12 seconds East, a distance of 50 feet to a point at line of Lot No. 11; thence along the dividing line between Lots 10 and 11 South 71 degrees 51 minutes 48 seconds West, a distance of 120.00 feet to a point at line of property now or late of Gordon Willis, et al.; thence along said property line North 18 degrees 8 minutes 12 seconds West, a distance of 50.00 feet to a point at the dividing line between Lots 9 and 10; thence along dividing line between Lots 9 and 10 North 71 degrees 51 minutes 48 seconds East, a distance of 120.00 feet to a point on the west side of Hillside Road, the place of beginning. BEING Lot No. 10 on the Subdivision Plan of New Cumberland Homes recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Plan Book 41, Page 150. HAVING thereon erected a brick dwelling house known and numbered as 420 Hillside Road, New Cumberland, Pennsylvania, 17070. BEING PARCEL NO.: 25-25-0008-040 BEING KNOWN AS 420 Hillside Road, New Cumberland, Pennsylvania 17070. BEING the same premises which ERVIN W. CAREY, JR by deed dated August 10, 2010 and recorded August 10, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 270, Page 2823, granted and conveyed to Amy L. Carey and Ervin W. Carey, Jr. in fee. EXHIBIT A -~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2l5) 790-1010 CIVIL ACTION LAW Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP v. Amy L. Carey and Ervin W. Carey, Jr. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-2169 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Amy L. Carey 420 Hillside Rd New Cumberland, Pennsylvania 17070 Ervin W. Carey, Jr. 420 Hillside Rd New Cumberland, Pennsylvania 17070 C ~ ~` ~~ ~ ~'~ ~ 2x. : >. ~ I L ~' --, L 9 ~ ~~. C.? Your house (real estate) at 420 Hillside Road, New Cumberland, Pennsylvania 17070 is scheduled to be sold at Sheriffs Sale on September 8, 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 $123,703.80 obtained by Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Bac Home Loans Servicing, LP t%k/a Countrywide Home Loans Servicing, LP the back payments, late charges, costs, and reasonable attorney's lees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 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. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared .~ 'y to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 1 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the west side of Hillside Road, at the dividing line between Lots 9 and 10 on the hereinafter mentioned Plan of Lots; thence along the west side of Hillside Road, South 18 degrees 8 minutes 12 seconds East, a distance of 50 feet to a point at line of Lot No. 11; thence along the dividing line between Lots 10 and 11 South 71 degrees 51 minutes 48 seconds West, a distance of 120.00 feet to a point at line of property now or late of Gordon Willis, et al.; thence along said property line North 18 degrees 8 minutes 12 seconds West, a distance of 50.00 feet to a point at the dividing line beriveen Lots 9 and 10; thence along dividing line between Lots 9 and 10 North 71 degrees 51 minutes 48 seconds East, a distance of 120.00 feet to a point on the west side of Hillside Road, the place of beginning. BEING Lot No. 10 on the Subdivision Plan of New Cumberland Homes recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Plan Book 41, Page 150. HAVING thereon erected a brick dwelling house known and numbered as 420 Hillside Road, New Cumberland, Pennsylvania, 17070. BEING PARCEL NO.: 25-25-0008-040 BEING KNOWN AS 420 Hillside Road, New Cumberland, Pennsylvania 17070. BEING the same premises which ERVIN W. CAREY, JR by deed dated August 10, 2010 and recorded August 10, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 270, Page 2823, granted and conveyed to Amy L. Carey and Ervin W. Carey, Jr. in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2169 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From AMY L. CAREY and ERVIN W. CAREY, JR. (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 $123,703.80 L.L.$.50 Interest from 5/11/10 - 9/8/10 at $20.34 -- $2,461.14 Atty's Comm % Due Prothy $2.00 Atty Paid $191.80 Plaintiff Paid Date: 5/13/10 (Seal) Other Costs David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: EDWARD D. CONWAY, ESQUIRE Address: McCABE, WEISBERG AND CONWAY, PC 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34687 Y McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. Amy L. Carey and Ervin W. Carey, Jr. Defendants ~ ._- ~ ,~ Attorneys foY )plaintiff 2CE0 r;~:a ~ P~ 3..01 ~~ _~ e, 'vl, E, t'. ,~ ,. CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-2169 Civil Term AMENDED AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 28`" 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 THI~~ DAY OF Sv _, 2010 C~ ~rrPl ~,~~ ~ NOTARY PUBLIC coMMOrw~'EAR I A L~~SU A L~ N pTA public Megan C. Paoluccl-Notary C'dy of Phlladelphla, Phlladeiphia County MY CCMM'~SSICN EXPIRES JAN. C5, 2014 TE~ENCE J. MARC S. WEIR EDWARD D. ~ MARGARET( Attorneys for Pl. AY, McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff v. Amy L. Carey and Ervin W. Carey, Jr. Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-2169 Civil Term 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: 420 Hillside Road, New Cumberland, Pennsylvania 17070, a copy of the description of said property being attached hereto and mazked Exhibit "A." 1. Name and address of Owners or Reputed Owners Name Address Amy L. Carey 420 Hillside Rd New Cumberland, Pennsylvania 17070 Ervin W. Cazey, Jr. 420 Hillside Rd New Cumberland, Pennsylvania 17070 2. Name and address of Defendants in the judgment: Name Address Amy L. Cazey 420 Hillside Rd New Cumberland, Pennsylvania 17070 Ervin W. Carey, Jr. 420 Hillside Rd New Cumberland, Pennsylvania 17070 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 None 4. Name and address of the last recorded holder of every mortgage of record: 5. 6. 7. Name Address None Name and address of every other person who has any record lien on the property: Name Address None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 420 Hillside Road New Cumberland, Pennsylvania 17070 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richazd 110 North 8'" Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Cleazance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States U.S. Dept. of Justice 8. Name and address of Attorney of record: Name Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18501-0309 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept. of Justice, Rm. 5111 Main Justice Bldg., 10th & Constitution Ave. N.W. Washington, DC 20530 10th & Constitution Ave. N.W., Rm. 4400 Washington, DC 20530 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 falsif-cation to authorities. July 28, 2010 DATE TERRENCE J. McC~iCBE, ES S~IRI MARC S. WEISBE ~ IRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP COURT OF COMMON PLEAS Plaintiff v. Amy L. Carey and Ervin W. Carey, Jr. Defendants DATE: July 28, 2010 TO: ALL PARTIES IN INTEREST AND CLAIMANTS CUMBERLAND COUNTY Number 10-2169 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Amy L. Carey and Ervin W. Carey, Jr. PROPERTY: 420 Hillside Road, New Cumberland, Pennsylvania 17070 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 8, 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. 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C ~ yy>O C 6~ GTr O~ 8_ ~ £ pw N ~ O RAN M C ~ w y0?17a0 yR„wy. r ~6> 0 ~ ~ ' dV ELw ~U O O iU ~` w o+r u R v,.~ y.., o w: d °" w C , O as vOOA , w ~A+~Q _ °'aNd a M °~yz3a R ° a~ ~° °'~^a ~ ° H~~oa ~ ° R a «Lo " ~ ~'~A~~o ~q ~~~~ w R~ `n~ ° °a ~U ~~rn,~~n ,~ ~0~.`~~ ~j•C"C ~z C 6~~%3 L a ~ LA~',C ~ 'fl V ~ Ci7 F E L O 70, Cd AUaU .~.~"CO~ L C O'^'^M V ~ e~~3NV~ '~' La0 ~"" O RN Cd xxNx OV1 R to C~i xdD~3 ~.0+ ^$ e0 p~+ CO ~dD-y3 d L u ~ ~~ a0 0 % 0 d .~ 8 ~ z'~ ' ~ ~ Fa Y 'a O a`+ ~'fl ~~ O~ z, °, ° ~ ~ ~ ~ o Na -SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor atsri+, 01 c4onbrr/,111# 4^ r aFF;C: '? 7,E rERIFF FfLEO-OF FICP OF THE PROT 0t?OT,^,Rv "010 o'T!2 AM 10:?n OLIMpFRLAtnn c Jp4Ty BAC Home Loans Servicing, LP Case Number vs. 2010-2169 Ervin W. Carey (et al.) SHERIFF'S RETURN OF SERVICE 06/2212010 04:04 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on June 22, 2010 at 1602 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 Ervin W. & Amy L. Carey, located at, 420 Hillside Road, New Cumberland, Cumberland County, Pennsylvania according to law. 06/26/2010 09:17 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 26, 2010 at 0915 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Amy L. Carey, by making known unto, Aml L. Carey, personally, at, 420 Hillside Road, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/26/2010 09:17 AM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 26, 2010 at 0915 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ervin W.Carey, by making known unto, Amy L. Carey, wife of defendant, at, 420 Hillside Road, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8110 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of, Federal National Mortgage Association, 1900 Market Street, # 800, Philadelphia, PA 19103, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 936.40 SHERIFF COST: $936.40 October 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF S? t,L /°d 4?,4 746Wa (c Counf,Suite Shent7. Ieeosott, Inc. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Plaintiff V. Amy L. Carey and Ervin W. Carey, Jr. Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-2169 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: 420 Hillside Road, New Cumberland, Pennsylvania 17070, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owners or Reputed Owners Name Address Amy L. Carey 420 Hillside Rd New Cumberland, Pennsylvania 17070 Ervin W. Carey, Jr. 420 Hillside Rd New Cumberland, Pennsylvania 17070 2. Name and address of Defendants in the judgment: Name Address 3 Amy L. Carey 420 Hillside Rd New Cumberland, Pennsylvania 17070 Ervin W. Carey, Jr. 420 Hillside Rd New Cumberland, Pennsylvania 17070 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address None 4. Name and address of the last recorded holder of every mortgage of record: 5. 6. 7 Name Address None Name and address of every other person who has any record lien on the property: Name Address None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 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 420 Hillside Road 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 New Cumberland, Pennsylvania 17070 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8' Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department 4280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States U.S. Dept. of Justice 8. Name and address of Attorney of record: Name Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18501-0309 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept. of Justice, Rm. 5111 Main Justice Bldg., 10th & Constitution Ave. N.W. Washington, DC 20531 10th & Constitution Ave. N.W., Rm. 4400 Washington, DC 20531 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. May 10, 2010 DATE TERRENCE 1 CABE, QUIRI MARC S. WEIS RG, E UIRE EDWARD D. CO , ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the west side of Hillside Road, at the dividing line between Lots 9 and 10 on the hereinafter mentioned Plan of Lots; thence along the west side of Hillside Road, South 18 degrees 8 minutes 12 seconds East, a distance of 50 feet to a point at line of Lot No. 11; thence along the dividing line between Lots 10 and 11 South 71 degrees 51 minutes 48 seconds West, a distance of 120.00 feet to a point at line of property now or late of Gordon Willis, et al.; thence along said property line North 18 degrees 8 minutes 12 seconds West, a distance of 50.00 feet to a point at the dividing line between Lots 9 and 10; thence along dividing line between Lots 9 and 10 North 71 degrees 51 minutes 48 seconds East, a distance of 120.00 feet to a point on the west side of Hillside Road, the place of beginning. BEING Lot No. 10 on the Subdivision Plan of New Cumberland Homes recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Plan Book 41, Page 150. HAVING thereon erected a brick dwelling house known and numbered as 420 Hillside Road, New Cumberland, Pennsylvania, 17070. BEING PARCEL NO.: 25-25-0008-040 BEING KNOWN AS 420 Hillside Road, New Cumberland, Pennsylvania 17070. BEING the same premises which ERVIN W. CAREY, JR by deed dated August 10, 2010 and recorded August 10, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 270, Page 2823, granted and conveyed to Amy L. Carey and Ervin W. Carey, Jr. in fee. XHIBIT A 3 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 Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP Amy L. Carey and Ervin W. Carey, Jr. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-2169 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Amy L. Carey 420 Hillside Rd New Cumberland, Pennsylvania 17070 Ervin W. Carey, Jr. 420 Hillside Rd New Cumberland, Pennsylvania 17070 Your house (real estate) at 420 hillside Road, New Cumberland, Pennsylvania 17070 is scheduled to be sold at Sheriffs Sale on September 8, 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 $123,703.80 obtained by Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Bac Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P. C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the west side of Hillside Road, at the dividing line between Lots 9 and 10 on the hereinafter mentioned Plan of Lots; thence along the west side of Hillside Road, South 18 degrees 8 minutes 12 seconds East, a distance of 50 feet to a point at line of Lot No. 11; thence along the dividing line between Lots 10 and 11 South 71 degrees 51 minutes 48 seconds West, a distance of 120.00 feet to a point at line of property now or late of Gordon Willis, et al.; thence along said property line North 18 degrees 8 minutes 12 seconds West, a distance of 50.00 feet to a point at the dividing line between Lots 9 and 10; thence along dividing line between Lots 9 and 10 North 71 degrees 51 minutes 48 seconds East, a distance of 120.00 feet to a point on the west side of Hillside Road, the place of beginning. BEING Lot No. 10 on the Subdivision Plan of New Cumberland Homes recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Plan Book 41, Page 150. HAVING thereon erected a brick dwelling house known and numbered as 420 Hillside Road, New Cumberland, Pennsylvania, 17070. BEING PARCEL NO.: 25-25-0008-040 BEING KNOWN AS 420 Hillside Road, New Cumberland, Pennsylvania 17070. BEING the same premises which ERVIN W. CAREY, JR by deed dated August 10, 2010 and recorded August 10, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 270, Page 2823, granted and conveyed to Amy L. Carey and Ervin W. Carey, Jr. in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-2169 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s) From AMY L. CAREY and ERVIN W. CAREY, JR. (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 $123,703.80 L.L.$.50 Interest from 5/11/10 - 9/8/10 at $20.34 -- $2,461.14 Atty's Comm % Due Prothy $2.00 Atty Paid $191.80 Plaintiff Paid Date: 5/13/10 Other Costs ajA'-?? David D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: EDWARD D. CONWAY, ESQUIRE Address: McCABE, WEISBERG AND CONWAY, PC 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34687 U On June 14, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 420 Hillside Road, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: I&ZLL? Real Estate Coordinator 7 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: July 16, July 23, and July 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 --tatements as to time, place and character of publication are true. L,/?Iisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 da of Jul 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 Y , Waft " 261644" Cbd BAC Home Loans Servicing, LP F/K/A Countrywide Home Loans Servicing, LP vs. Ervin W. Carey Amy L. Carey Atty.: Terrance McCabe ALL THAT CERTAIN tract or par- cel of land and premises situate, ly- ing and being in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylva- nia, more particularly described as follows: BEGINNING at a point on the west side of Hillside Road, at the dividing line between Lots 9 and 10 on the hereinafter mentioned Plan of Lots; thence along the west side of Hillside Road, South 18 degrees 8 minutes 12 seconds East, a dis- tance of 50 feet to a point at line of Lot No. 11; thence along the dividing line between Lots 10 and 11 South 71 degrees 51 minutes 48 seconds West, a distance of 120.00 feet to a point at line of property now or late of Gordon Willis, et al.; thence along said property line North 18 degrees 8 minutes 12 seconds West, a dis- tance of 50.00 feet to a point at the dividing line between Lots 9 and 10; thence along dividing line between Lots 9 and 10 North 71 degrees 51 minutes 48 seconds East, a distance of 120.00 feet to a point on the west side of Hillside Road, the place of beginning. BEING Lot No. 10 on the Subdivision Plan of New Cumberland Homes recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Plan Book 41, Page 1$0. HAVWG thereon erected a brick dweUing house lasm =4 wamber-ed as 420 HiUaMe Road, Now Cumber- Iss d, PauMftania, 17070. BEING PARCEL NO.: 25-25- BEING KNOWN AS 420 Hillside Road, New Cumberland, Pennsylva- nia 17070. BEING the same premises which ERVIN W. CAREY, JR by deed dated August 10, 2010 and recorded August 10, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 270, Page 2823, granted and conveyed to Amy L. Carey and Ervin W. Carey, Jr. in fee. IlWhe Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE J4( Patriot•News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 j , Sworn to anF subscribed before me this 05 d of August, 2010 A.D Notary Public COPIMONW pL3 0" PONSVLvANIA ! Sherrie L Kisneir, Notary pubifc: l lower Paxton Tw MY 'commission P., Dauphin Chun ExPJres Nov. , I_Member, 25 201 PPnnsv;,,,,.ra ?,,soc(ation of Notaries 07/23/10 Writ No. 2010-2169 Civil Term 13AC " Imne Loots Servicing, LP VqW Countrywkle Home Loans Servicing, LP vs Ervin W. Carey Amy L. Carey Atty:Terrancse McCabe ALL THAT CERTAIN tract or parcel of land and premises situate, lying and being in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the west side of Hillside Road, at the dividing lire between Lots 9 ad 10 on the hereinafter mentioned Plait of Lots; thence along the west side of Hillside Road, South 18 degrees 8 minutes 12 seconds East, a distance of 50 feet to a point at The of Lot No. 11; thence along the dividing he between Lots 10 and 11 South 71 degrees 51 minutes 48 seconds West, a distance of 120.013 feet to a point at line of property now or late of Cordon Willis, et al.; thence along said property line North 18 degrees 8 minutes 12 seconds West, a distance of 50.00 feet to a point at the dividing line between Lots 9 and; 10; thence along dividing line between Lots 9 and 10 North 71 degrees 51 minutes 48 seconds East, a distance of 120.00 feet to a point on the west side of Hillside Road; the place of beginning. BEING Lot No.10 on the Subdivision Plan of New Cumberland Homes recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Plan Book 41, Page 150. HAVING thereon erected a brick dwelling house known and numbered as 420 Hillside Road, New Cumberland, Pennsylvania, 17070. BEING PARCEL NO.: 25-25-M-040 BEING KNOWN AS 4201fillside Road, New Cumberland, Pennsylvania 17070. BEING the same premises which ERVIN W. CARER, S by deer! dined AvV0 10, 2010 and recorded Avrw 10, 2005 in the oflte of the Recaadea m tad for Cltmbedi CowAy in Deed Boot 270, Page 282, grmfad and conveyed to Amy L. Cagey and &M W. Cmey, IT in fee. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National MtgLAssoc is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 13th day of May, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 2169, at the suit of Amy L & Ervin W Carey Jr against Federal National Mtg Assoc is duly recorded as Instrument Number 201029000. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l? day of of Deeds Mj Omm hft 8*W#eF0*n*dJm=4