HomeMy WebLinkAbout10-2550FILED-OFFIk"'T'
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
L. E WARD 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.
Michele Arnold
5930 Colonial Valley Rd Apt E
Spring Grove, Pennsylvania 17362
2010 APR 19 Pik 3: 31
CUP y.._ ' ' ,
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number Ib -01=
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CIVIL ACTION/MORTGAGE FORECLOSURE
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Wt 10l (p09
P-* 146753
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dial de plazo al partir
de la fecha de la demanda y la notificacion. Hace falta
asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la
corte tomara medidas y puede continuar la demanda en
contra suya sin previo aviso o notificacion. Ademas, la
corte puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisiones de esta
demanda. Usted puede perder dinero o sus propiedades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA OFICINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is 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 Michele Arnold, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and her last-known address is 5930 Colonial Valley Rd Apt E, Spring Grove,
Pennsylvania 17362.
3. On September 10, 2007, mortgagor 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 # 200738476.
4. 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.
5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 360 Peppercorn Square, Enola, Pennsylvania 17025.
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due November 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.
7. The following amounts are due on the mortgage:
Principal Balance $ 124,556.83
Interest through April 16, 2010 $ 4,710.42
(Plus $23.79 per diem thereafter)
Attorney's Fee $ 1,300.00
Late Charges $ 334.48
Corporate Advance $ 415.50
Escrow Advance $ 1,232.77
GRAND TOTAL $ 132,550.00
8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice
required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et
seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail
with a certificate of mailing and by certified mail, return receipt requested.
WHEREFORE, Plaintiff demands in rem Judgment against the Defendant in the sum of $132,550.00,
together with interest at the rate of $23.79 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
McCABE, WF RG AND CONWAY,P.C.
BY ;,?--
Attorneys for Plaintiff
TERRENCE J. MCCA
MARC S. WEISBE G, ESQUJXI
EDWARD D. CON UI
MARGARET GAIRO, ESQUIRE
VEPIFICATION
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, WEISBERCL, 3 CONWAY,P.C.
BY:
TERRENCE J.
MARC S. WE]
EDWARD D. CONWAY ESQUIRE
MARGARET GAIRO, ESQUIRE
I ?as i? e.
Prepared By:
NILA MERAI
COUNTRYWIDE HOME LOANS, INC.
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23 ?l?ff ff 11f
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Phone: (80 801 002 ,
After Recording Return To:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
Parcel Number;
09-14-0835-082 U12
Premises:
360 PEPPERCORN SQ
ENOLA
PA 17025-26'01
[Space Above This Line For Recording Data]
Exhibit A
07-03495 00017941235709007
[Escrow/Closing #1 [Doc ID #1
MORTGAGE
MW 1001337-0002465966-9
ti
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1^
DOC ID #: 00017941235709007
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 SEPTEMBER 10, 2007
together with all Riders to this document.
(B) "Borrower" is
MICHELE ARNOLD
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
1199 North Fairfax St. Ste.500
Alexandria, VA 22314
(E) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 10, 2007
--The Note-states.that-Borrower_owes.Lender
ONE HUNDRED TWENTY SEVEN THOUSAND THREE HUNDRED and 00/100_
Dollars (U.S. $ 127,300.00 ) plus interest. Borrower has promised to pay this debt. In regular
Periodic Payments and to pay the debt in full not later than OCTOBER 01, 2037
(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.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed'by Borrower [check box as applicable):
M Mortgage-PA
1006A-PA (06107) Page 2 of 16 Form 3039 1101
MCL
DOC ID #: 00017941235709007
? Adjustable Rate Rider ® Condominium Rider ? Second Home Rider
? Balloon Rider ? Planned Unit Development Rider ? 1-4 Family Rider
? VA Rider ? Biweekly Payment Rider ? Other(s) (specify]
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances
and administrative tules 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, assessmdnts and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association or
similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,
transfers initiated by telephone, wire transfers, and automated clearinghouse transfers,
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument,
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
Implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortga&e loan" even if the Loan does not qualify! as a "federally related mortgage loan" under
RESPA. - - _ -
(t) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note;'and (ii) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely
as nominee for Lender and Lender's successors and assigns) and- to the successors and assigns of MERS, the
following described property located in the
M Mortgage-PA
1006A-PA (06107) Page 3 of 16 Form 3039 1(01
---4ma,
k
DOC ID #:•00017941235709007
COUNTY of CUMBERLAND
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of
360 PEPPERCORN SQ, ENOLA
[Street/city]
Pennsylvania 17025-2601 ("Property Address"):
[Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for
Lender crrd Lender's,successdrs:and,assigns)-ha .thtright; to exercise,any.ar.all of those fngrm% 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
100SA-PA (06/07)
Page 4 of 16
Form 3039 1/01
DOC ID #: 00017941235709007
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,•lid*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.
pply,any payment.recefved,fsom Borrower to
If more-than one-Periodic -Payment -is ,outstanding, Lf,-nder_mqyg
the repayment of the• Periodic Payments if, eind 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 Mongage-PA
1006A-PA (06107) Page 5 of 16 Form 3039 1/01
DOC ID #; 00017941235709007
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 evifiencing 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 under
RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA.
Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits
Lender to make such a charge. Unless an agreement Is made in writing or Applicable Law requires Interest to be
paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower
and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to
Borrower, without charge, an annual accounting of the Funds as required by RESPA,
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds In accordance with RESPA, If there is a shortage of Funds held in escrow, as-defined under
RESPA,-Lender shall -noQy Borrower as requires by RESPA, and Borrower shall pay to Lender the amount
necessary to make up the shortage ip 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 (06/07) Page 6 of 16 Form 3039 1/01
??
DOC ID #: 00017941235709007
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'Borrowep to -pay a+,one-time._q?targe for: areal estate tax veTiflcation and/or reporting
service used by Lender In connection with th&s 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 Leader 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 falls 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 mlght 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.
- Albiahranc6 pollciPs-required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and-shall name Lender as -mortgagee and/or
as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender
requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower
obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the
Property' , such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an
additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,
any insurance proceeds, whether or not the underlying Insurance was required by Lender, shall be applied to
restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is
not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance
proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
M Mortgage-PA
1006A-PA (06/07) Page 7 of 16 Forth 3039 1101
DOC ID ##: 00017941235709007
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.ink a single.paydient or in.a series ofprogrpss-payments as the work,is completed. If-the insurance
or condemnation proceeds are not sdflldent to- repair or restore the Property, Borrower -Is not 4elieved 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
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legal proceeding that might significantly affect Lender's Interest in the Property and/or rights under this Security
Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a
lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower
has abandoned the Property, then Lender may do and pay for whatever Is reasonable or appropriate to protect
Lender's interest In the Property and rights under this Security Instrument, including protecting and/or assessing
the value of the Property, and securing and/or repairing. the Property. Lender's actions -can include, but are not
limited to; (a) paying any sums secured by a lien,which has.priority over this Security Instrument; (b) appearing
In court and (c) paying reasonable attorneys' fees tb protect ilk interest in the Property and/or rights under this
Security Instrument, including its secured-positioijan a- bankruptcy. proceeding. Sequxilig the Property includesa
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 oi other code violations or dangerous conditions, and have
utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so
and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or
all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this-Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and
shalt be payable, with such Interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees
to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments toward
the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously In effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by
Lender. If substantially equivalent Mortgage Insurance coverage Is not available, Borrower shall continue to pay
to Lender the amount of the separately designated payments that were due 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 qan rip.Iongkr requir4 loss,rgserye payments if Mortgage•Insurangq coverage (In.t a amount and
for the period that Lender requires) provided by an insurer selected b'y '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
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terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other
entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or
might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or
modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender
takes a share of'the insurer's risk in exchange for. aahare. of the premiums-paid; to the insurer, the arran gement 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) My 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 th_e, 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
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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 falls 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.
Borrowet shall'be in default If any action of 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 thq 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 tender and.any other Borrower can agree to extend, modify, fofbear 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
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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 charg6' (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; Severabiiity; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such
silence shall not.be construed as a prohibition against agreement by contract. In the event that any provision or
clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.
As used In this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender: (b) words in the singular shal)• 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.
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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 spfcify -for C terminatiorr of Borro wer's right Io rein.tate; 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 assume&by the Note-purchaser unless othertiv3pri,?rovided
by the Note purchaser. 4
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
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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 "nor cause or permit the presence, usg, 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 Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among
other things: (a) the default; (b) the action required to cure the default; (c) when the default must be
cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured
by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall
further inform Borrower of the right to reipstato after accel6ration anal -the right to -assert hi the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and
foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment
in full of all sums secured by this Security Instrument without further demand and may foreclose this
Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in
pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs
of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy
this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for
releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
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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.
MICHELE ARNOLD
(Seal)
-Borrower
(Seal)
-Borrower.
(Seal)
-Borrower
- (Seal)
-Borrower
M Mortgage-PA
1006A-PA (06/07) Page 15 of 16 Form 3039 1/01
DOC ID #: 00017941235709007
COMMONWEALTH OF PENNSYLVANIA, CV M,6F Ud AN A County ss:
On this, the 10 day of SEp 7-EMgC?1- 2,00 7 , before me, the
undersigned officer, personally appeared 1 C E N O La
known to me (or satisfactorily proven) to-be the.
person (s) whose name(s) is/are subscribed'to the within instrument and•acknowledged'that. he/she/they exgcuted
the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires: -d1- -1007
Notarialseat 0
WiNiam R. Undslay Notag Publla ?p TI?RY r U? ?l ?
Simban 1Wp., Adams ounty
My Commission Expires Nov 24, ?.007 Title of Officer
Member. Pena *arda AwoMon of Notaries
Certificate of Residence Li N ,5 r~E
I, W • R _ Y , do hereby certify that
the correct address of the within-named Mortgagee Is P.O. Box 2026, Flint, MI 48501-2026.
Witness my hand this ( 0M- day of Sy-rEA ,acA , x-007
UA. -
efiaent of Mortgagee
M Mortgage-PA
1006A-PA (06107) Page 16 of 16 Form 3039 1101
Prepared by: NILA MERAI
Countrywide Bank, FSB.
Branch #: 0000845
1600 GOLF ROAD, SUITE 300 T2
DATE: 09/10/2007 ROLLING MEADOWS, IL 60008
CASE #: Phone: (800)998-8223
DOC ID #: 179412357 Br Fax No.: (847) 545-4753
BORROWER: MICHELE ARNOLD
PROPERTY ADDRESS: 360 PEPPERCORN SQ
ENOLA, PA 17025-2601
LEGAL DESCRIPTION EXHIBIT A
F.HANA/CONV
• Legal Description Exhibit A
I C404-XX (04/03)(d)
mnm 11 11111111111IM111111111
11111
, Prepared by: (VILA MERAI
Countrywide Bank, FSB.
Branch #: 0000845
1600 GOLF ROAD, SUITE 300 T2
DATE: 09/10/2007 ROLLING MEADOWS, IL 60008
CASE #: Phone: (800)998-8223
DOCID#: 00017941235709007 Br Fax No.: ('847)545-4753
BORROWER: MICHELE ARNOLD
PROPERTY ADDRESS: 360 PEPPERCORN SQ
ENOLA, PA 17025-2601
LEGAL DESCRIPTION EXHIBIT A
.fiHANA/CONV
• Legal- Description Exhibit A
1C404 0X (0403)(d)
DOC ID #: 00017941235709007
CONDOMINIUM RIDER
THIS CONDOMINIUM RIDER is made this TENTH day of
SEPTEMBER, 2007 , and Is incorporated into and shall be deemed to amend and supplement the
Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the
undersigned (the "Borrower"),to secure-Borrower's-Note to
Countrywide Bank, FSB.
(the "Lender"), of the same date and covering the Property described in the Security Instrument and
located at:
360 PEPPERCORN SQ, ENOLA, PA 17025-2601
[Property Address]
The Property includes a unit in, together with an undivided interest in the common elements of, a
condominium project known as:
LAUREL HILLS NORTH
[Name of Condominium Project]
(the "Condominium Project"). If the owners association or other entity which acts for the Condominium
Project (the "Owners Association") holds title to property for the benefit or use of its members or
shareholders, the Property also includes Borrower's interest in the Owners Association and the uses,
proceeds and benefits of Borrower's Interest.
CONDOMINIUM COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
A. Condominium Obligations. Borrower shall perform all of Borrower's obligations under the
Condominium Project's Constituent Documents. The "Constituent Documents" are the: (i) Declaration
or any other document which creates the Condominium Project; (ii) by-laws; (iii) code of regulations;
and (iv) other equivalent documents. Borrower shall promptly pay, when due, all dues and
assessments imposed pursuant to the Constituent Documents.
MULTISTATE CONDOMINIUM RIDER-Single Family-Fannie Mae/Freddie Mac UNIFORM
INSTRUMENT
4k-BR (0512) CHI. (12l06)(d) Page 1 of 3
VMP Mortgage Solutions, Inc. Form 3140 1101
DOC ID #: 00017941235709007
B. Property Insurance. So long as the Owners Association maintains, with a generally accepted
insurance carrier, a "master" or "blanket" policy on the Condominium Project which is satisfactory to
Lender and which provides insurance coverage in the amounts (including deductible levels), for the
periods, and against loss by fire, hazards included within the term "extended coverage," and any other
hazards, including, but not limited to, earthquakes and floods, from which Lender requires insurance,
then: (1) Lender waives the. provision in Section 3 for the Periodic Payment to Lender of the. yearly
premium installments for property insurance on the Property; and (ii) Borrower's obligation under
Section 5 to maintain property insurance coverage on the Property is deemed. satisfied to the extent `
that the required coverage:is provided by the Ownexa Association policy.
What Lender requires as a condition of this waiver can change during the term of the loan. {
Borrower shall give Lender prompt notice of any lapse in required property insurance coverage
provided by the master or blanket policy.
In the event of a distribution of property insurance proceeds in lieu of restoration or repair
following a loss to the Property, whether to the unit or to common, elements, any proceeds payable to
Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by the
Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. !
C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure
that the Owners Association maintains a public liability insurance policy acceptable in form, amount,
and extent of coverage to Lender.
D, Condemnation. The proceeds of any award or claim for damages, direct or consequential,
payable to Borrower in connection with any condemnation or other taking of all or any part of the
Property, whether of the unit or of the common elements, or for any conveyance in lieu of
condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by
Lender to the sums secured by the Security Instrument as provided in Section 11.
E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's
prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or
termination of the Condominium Project, except for abandonment or termination required by law in the
case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or
eminent domain; (Ii) any amendment to any provision of the Constituent Documents if the provision is
for the express benefit of Lender; (iii) termination of professional management and assumption of
self-management of the Owners Association; or (iv) any action which would have the effect of
rendering the public liability insurance coverage maintained by the Owners Association unacceptable
-to Lender.e
F. Remedies. If Borrower does not pay condominium dues and assessments when due, then
Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become
additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to
other terms of payment, these amounts shall bear interest from the date of disbursement at the Note
rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment.
40 -8R (0512) CHL (12105) Page 2 of 3 Form 3140 1101
L -A
DOC ID #: 00017941235709007
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained -in
this Condominium Rider.
Q : (Seal)
MICHELE ARNOLD - Borrower
(Seal),
- Borrower
(Seal)
- Borrower
(Seal)
- Borrower
-8R (0512) CHL (12!05) Page 3 of 3 Form 3140 1/01
a A`
b
ALL THAT CERTAIN UNIT AND THE PROPERTY KNOWN, NAMED AND
IDENTIFIED IN THE DECLARATION REFERRED TO BELOW AS "LAUREL
HILLS NORTH CONDOMINIUM I", LOCATED IN EAST PENNSBORO
TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, WHICH HAS
HERETOFORE BEEN SUBMITTED TO THE PROVISIONS OF THE
PENNSYLVANIA UNIFORM CONDOMINIUM ACT, 68 PA C.$.A. 3101 ET SEQ.,
BY THE RECORDING IN THE OFFICE OF THE RECORDER OF DEEDS OF
CUMBERLAND COUNTY OF A DECLARATION DATED April 4,1989 AND
RECORDED April 6, 1989 IN THE OFFICE OF THE RECORDER OF DEEDS OF
CUMBERLAND COUNTY IN MISCELLANEOUS BOOK 362, PAGE 661, BEING
AND DESIGNATED IN SUCH DECLARATION AS UNIT NO. B-12, TOGETHER
WITH A DETACHED GARAGE, BEING DESIGNATED IN SUCH DECLARATION
AND PLATS AND PLANS-SITE PLAN, TOGETHER WITH PROPORTIONATE
UNDIVIDED INTEREST IN THE COMMON ELEMENTS (AS DEFINED IN SAID
DECLARATION) OF 5.71 %. GRANTOR RESERVES THE RIGHT, IN
ACCORDANCE WITH SAID DECLARATION, TO REDUCE AND REALLOCATE
GRANTEE'S PROPORTIONATE UNDIVIDED INTEREST IN THE COMMON
ELEMENTS AS PROVIDED IN THE DECLARATION.
UNDER AND SUBJECT TO CONDITIONS, RESTRICTIONS, RIGHTS-OF-WAY,
AND SET BACKS AS SHOWN ON FINAL SUBDIVISION PLAN FOR LAUREL
HILLS NORTH, DATED June 26.1987 AND RECORDED IN THE OFFICE OF THE
RECORDER OF DEEDS OF CUMBERLAND COUNTY IN PLAN BOOK 54, PAGE
30 AND PLATS AND PLANS-SITE PLAN, DATED MARCH 21,1989 AND
RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND
COUNTY IN PLAN BOOK 57, PAGE 126.
-r f.
r
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200738476
Recorded On 10/4/2007 At 12:04:29 PM * Total Pages - 23
* Instrument Type - MORTGAGE
Invoice Number - 6054 User ID - MSW
* Mortgagor - ARNOLD, MICHELE
*Mortgagee - MORTGAGE. ELECTRONIC REGISTRATION SYSTEMS, INC.
* Customer - AMERICAN FREEDOM ASSURANCE
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $47.50
RECORDER OF DEEDS
AFFORDABLE HOUSING '$11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TnTA7. PAID 574.50
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
Qp cu 014
r
° ° RECORDER O D EDS
1760
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
IIIIIIIIII III III I 1111111
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 flca Countrywide
Home Loans Servicing LP
Plaintiff
v.
Michele Arnold
Defendant
fi _~~ '
AtCorn~ys fdr Piaintiff r~ ~
L ~ ~ ~ '` -- ~ N:
Iqv ~r a P~vi S : o/
Cam; ~ ,. _;ti`~'`
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 10-2550 Civil Term
AFFIDAVIT OF SERVICE
I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 28`h 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 THISp"~iDAY
OF ~A.J~ , 2010 ~
NOTARY' PUBLIC
Megan C, Paolucci-Notary Public
City of Philadelphia, Philadelphia County
MY COh1MISSION ~XPIR~S JAti. 06, 2014
TEB~ENCE J. MICA
MARC S. WEISB G,1
EDWARD D. CO AY
MARGARET GAI ,
Attorneys for Plaintiff
1 ~
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARL S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQU][RE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
21 790-1010
Attorneys for Plaintiff
Bac Home Loans Servicing, LP flca Countrywide CUMBERLAND COUNTY COURT OF COMMON
Home Loans Servicing LP PLEAS
Plaintiff
v.
Michele Arnold
Defendant
NO: 10-2550 Civil Term
AFFIDAVIT PURSUANT TO RULE 312
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: 360 Peppercorn Square,
Enola, Pennsylvania 17025, a copy of the description of said property being attached hereto and marked Exhibit "A."
1. Name and address of Owner or Reputed Owner
Name Address
Michele Arnold 5930 Colonial Valley Rd Apt E
Spring Grove, Pennsylvania 17362
2. Name and address of Defendant in the judgment:
Name Address
Michele Arnold 5930 Colonial Valley Rd Apt E
Spring Grove, Pennsylvania 17362
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:
Name Address
5
6.
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
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name
Tenants/Occupants
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
Commonwealth of Pennsylvania
Deparhnent of Revenue Bureau of
Compliance
Address
360 Peppercorn Square
Enola, Pennsylvania 17025
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
1 l0 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-]230
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriffs Sales
United States of America Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
United States of America c/o United States Attorney for the
Middle District of PA
William J. Nealon Federal Bldg.
235 North Washington Avenue, Ste. 311
Scranton, PA 18501-0309
and
Harrisburg Federal Building & Courthouse
228 Walnut Street, Ste. 220
Harrisburg, PA 17108-1754
United States of America c/o U. S. Dept. of Justice, Rm. 5111
Atty General of the United States Main Justice Bldg., 10th & Constitution Ave. N.W.
Washington, DC 20530
United States of America c/o 10th & Constitution Ave. N.W., Rm. 4400
Atty General of the United States Washington, DC 20530
U.S. Dept. of Justice
8. Name and address of Attorney of record:
Name
Address
None
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements
Section 4904 relating to unsworn falsification to
June 7.2010 ~ERRENCE J.
DATE MARC S. WEI
EDWARD D. C
MARGARET
Attorneys for PI.
made subject to the penalties of 18 Pa.C.S.
AY,
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff
MARL S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215)790-1010
Bac Home Loans Servicing, LP flca Countrywide
Home Loans Servicing LP
COURT OF COMMON PLEAS
Plaintiff
v.
Michele Arnold
Defendant
DATE: July 28, 2010
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
CUMBERLAND COUNTY
Number 10-2550 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Michele Arnold
PROPERTY: 360 Peppercorn Square, Enola, Pennsylvania 17025
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 Sheriffnot later than thirty (30) days
after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten
(10) days after the filing of the schedule.
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
OFF[E
Sheriff Ronny R Anderson r-,:7 TAE PI i TU:?t 4`0' TA? Y
oti,?ttu ?t ??t?raa=+pr/,i?
Jody S Smith ,a 210 T 12 AM 100; rzChief Deputy
3 CUM sER A€-O COiUNTy
Richard W Stewart FE Y? VA AE
Solicitor OFFiCE',F Fry= ?-- P.IFF fi??
BAC Home Loans Servicing, LP
vs.
Michele Arnold
Case Number
2010-2550
SHERIFF'S RETURN OF SERVICE
06/11/2010 Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Michele Arnold, but was unable to locate her in his
bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate
Writ, Notice of Sale and Description according to law.
06/30/2010 10:23 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on 6/3011(
at 1020 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 Michelle Arnold, located at, 360 Peppercorn Square, Enola, PA
17025, Cumberland County, Pennsylvania according to law.
07/27/2010 York County Return and now the, 7th day of July 2010, served the within Real Estate Writ, Notice of Sale
and Description upon Michele Arnold, the defendant, by making known unto Michele Arnold, personally, ai
5930 Colonial Valley Road, Apt E, Spring Grove, Pennsylvania its contents and at the same time handing
to her a true and correct copy of the same. So Answers: Tyrone Sneeringer, Deputy Sheriff of York
County, Pennsylvania.
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 9/8/10 at 10:00 o'clock A.M. He sold the
same for the sum of $1.00 to Attorney Marc S. Weisberg, on behalf of Federal National Mortgage
Association, 1900 Market St, # 800, Philadelphia, PA 19103 being the buyer in this execution, paid to
Sheriff Ronny R. Anderson, the sum of $ 982.71
SHERIFF COST: $982.71
October 08, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
i ,DD Pd " ,
aV0pd-69-
S pd.
O'?r a??saZ
:Cl CountySuite She! ff Ie?ecsuft Irn;.
Attorneys for Plaintiff
Bac Home Loans Servicing, LP fka Countrywide CUMBERLAND COUNTY COURT OF COMMON
Home Loans Servicing LP PLEAS
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
V.
Michele Arnold
NO: 10-2550 Civil Term
Defendant
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: 360 Peppercorn Square,
Enola, Pennsylvania 17025, a copy of the description of said property being attached hereto and marked Exhibit "A."
1. Name and address of Owner or Reputed Owner
Name Address
Michele Arnold 5930 Colonial Valley Rd Apt E
Spring Grove, Pennsylvania 17362
2. Name and address of Defendant in the judgment:
Name Address
Michele Arnold 5930 Colonial Valley Rd Apt E
Spring Grove, Pennsylvania 17362
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:
Name
Address
None
5. Name and address of every other person who has any record lien on the property:
Name
Address
None
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name
Tenants/Occupants
Address
360 Peppercorn Square
Enola, Pennsylvania 17025
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 17105
ATTN: Dan Richard
110 North 8`" Street
Suite #204
Philadelphia, PA 19107
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriff's Sales
United States of America
Domestic Relations
Cumberland County
United States of America
United States of America c/o
Atty General of the United States
United States of America c/o
Atty General of the United States
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
Section 4904 relating to unsworn falsification to
June 7, 2010 -TERRENCE I
DATE MARC S. WEI
EDWARD D. C
MARGARET(
Attorneys for PL
made subject to the penalties of 18 Pa.C.S.
AY;
LEGAL DESCRUMON
ALL THAT CERTAIN Unit and the property known, named and identified in the Declaration referred
to below as Laurel Hills North Condominium I, located in East Pennsboro Township, Cumberland
County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania
Uniform Condominium Act, 68 PA C.S.A 3101 et seq., by the recording in the Office of the Recorder of
Deeds of Cumberland County of a Declaration dated April 4, 1989 and recorded April 6, 1989 in the
Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 362 page 661, being and
designated in such Declaration as Unit No. B-12, together with a detached garage, being designated in
such Declaration as Unit No. B-12-G, which said Unit is more fully described in said Declaration and
Plats and Plans Site Plan, together with proportionate undivided interest in the Common Elements (as
defined in such Declaration) of 5.71%. Grantor reserves the right, in accordance with said Declaration,
to reduce and reallocate Grantees proportionate undivided interest in the Common Elements as
provided in the Declaration.
UNDER AND SUBJECT to conditions, restrictions, rights of way, and set backs as shown on Final
Subdivision Plan for Laurel Hills North, dated June 26, 1987 and recorded in the Office of the Recorder
of Deeds of Cumberland County in Plan Book 54 page 30 and Plats and Plans-Site Plan dated March 21,
1989 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 57 page
126.
BEING PARCEL NO. 09-14-0835-082 U12
BEING KNOW AS Peppercorn Square, Enola, Pennsylvania 17025.
BEING the same premises which LAWRENCE G. FRANK, TRUSTEE IN BANKRUPTCY FOR JANET E. GIBA
by deed dated June 3, 2005 and recorded June 6, 2005 in the office of the Recorder in and for Cumberland County in
Deed Book 269, Page 1220, granted and conveyed to Michele Arnold in fee.
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
CIVIL ACTION LAW
Bac Home Loans Servicing, LP fka Countrywide COURT OF COMMON PLEAS
Home Loans Servicing LP
CUMBERLAND COUNTY
V.
Michele Arnold Number 10-2550 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Michele Arnold
5930 Colonial Valley Rd Apt E
Spring Grove, Pennsylvania 17362
Your house (real estate) at 360 Peppercorn Square, Enola, Pennsylvania 17025 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 $133,668.13 obtained by Bac Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP
against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
The sale will be canceled if you pay to Bac Home Loans Servicing, LP flea 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.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the sale. (See the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find
out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days
of the sale. This schedule will state who will be receiving that money. The money will be paid out
in accordance with this schedule unless exceptions (reasons why the proposed schedule of
distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the
schedule of distribution.
7. You may also have other rights and defenses, or ways of getting your real estate back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue r
Carlisle, Pennsylvania 17013
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN Unit and the property known, named and identified in the Declaration referred
to below as Laurel Hills North Condominium I, located in East Pennsboro Township, Cumberland
County, Pennsylvania, which has heretofore been submitted to the provisions of the Pennsylvania
Uniform Condominium Act, 68 PA C.S.A 3101 et seq., by the recording in the Office of the Recorder of
Deeds of Cumberland County of a Declaration dated April 4, 1989 and recorded April 6, 1989 in the
Office of the Recorder of Deeds of Cumberland County in Miscellaneous Book 362 page 661, being and
designated in such Declaration as Unit No. B-12, together with a detached garage, being designated in
such Declaration as Unit No. B-12-G, which said Unit is more fully described in said Declaration and
Plats and Plans Site Plan, together with proportionate undivided interest in the Common Elements (as
defined in such Declaration) of 5.71%. Grantor reserves the right, in accordance with said Declaration,
to reduce and reallocate Grantees proportionate undivided interest in the Common Elements as
provided in the Declaration.
UNDER AND SUBJECT to conditions, restrictions, rights of way, and set backs as shown on Final
Subdivision Plan for Laurel Hills North, dated June 26, 1987 and recorded in the Office of the Recorder
of Deeds of Cumberland County in Plan Book 54 page 30 and Plats and Plans-Site Plan dated March 21,
1989 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Plan Book 57 page
126.
BEING PARCEL NO. 09-14-0835-082 U12
BEING KNOW AS Peppercorn Square, Enola, Pennsylvania 17025.
BEING the same premises which LAWRENCE G. FRANK, TRUSTEE IN BANKRUPTCY FOR JANET E. GIBA
by deed dated June 3, 2005 and recorded June 6, 2005 in the office of the Recorder in and for Cumberland County in
Deed Book 269, Page 1220, granted and conveyed to Michele Arnold in fee.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) N010-2550 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 FWA
COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff (s)
From MICHELE ARNOLD
(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$133,668.13 L.L.$.50
Interest FROM 06/03/10 TO 09/08/2010 - $2,153.06 AT $21.97
Atty's Comm % Due Prothy $2.00
Atty Paid $204.00 Other Costs
Plaintiff Paid
Date: JUNE 9, 2010
t
uell, Pro onotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name MARC S. WEISBERG, ESQUIRE
Address: MCCABE, WEISBERG AND CONWAY, P.C., 123 SOUTH BROAD STREET, SUITE
2080, PHILADELPHIA, PENNSYLVANIA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 17616
On June 14, 20 10 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA,
Known and numbered as, 360 Peppercorn Square,
Enola, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: June 14, 2010
By:
Real Estate Coordinator
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
. ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a-legal periodical published in the Borough of Carlisle in the County and.State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
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
statements as to time, place and character of publication are true.
isa Marie Coyn , Editor
SWORN TO AND SUBSCRIBED before me this
0 day of Jul 2001110 r
l?L
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Exp{ns Apr 28.2014
Whit X0. 201404NIM C"
BAC Home Loans Servicing,
LP F/K/A Countrywide
Home Loans Servicing, LP
vs.
Michele Arnold
Atty.: Marc S. Weisberg
ALL THAT CERTAIN Unit and the
property known, named and identi-
fied in the Declaration referred to
below as Laurel Hills North Condo-
minium I, located in East Pennsboro
Township, Cumberland County,
Pennsylvania, which has heretofore
been submitted to the provisions of
the Pennsylvania Uniform Condo-
n nium Act, 68 PA C.S.A 3101 et
earj., by the recording in the Office
of fit Nowdo of D* K% of Cumber-
land County of a Declaration dated
April 4, 1989 and recorded April 6,
1989 in the Office of the Recorder
of Deus of Cumberland County in
Miscellaneous Book 362 page 661,
being and designated in such Dec-
laration as Unit No. B-12, together
with a detached garage, being des-
ignated in such Declaration as Unit
No. B-12-G, which said Unit is more
fully described in said Declaration
and Plats and Plans Site Plan, to-
gether with proportionate undivided
interest in the Common Elements
(as defined in such Declaration) of
5.71%. Grantor reserves the right,
in accordance with said Declaration,
to reduce and reallocate Grantees
proportionate undivided interest in
the Common Elements as provided
in the Declaration.
UNDER AND SUBJECT to condi-
tions, restrictions, rights of way, and
set backs as shown on Final Subdivi-
sion Plan for Laurel Hills North, dated
June 26, 1987 and recorded in the
Office of the Recorder of Deeds of
Cumberland County in Plan Book 54
page 30 and Plats and Plans-Site Plan
dated March 21, 1989 and recorded
in the Office of the Recorder of Deeds
of Cumberland County, in Plan Book
57 page 126.
BEING PARCEL NO. 09-14-0835-
082 U12.
BEING KNOW AS Peppercorn
Square, Enola, Pennsylvania
17025.
BEING the same premises which
LAWRENCE G. FRANK, TRUSTEE IN
BANKRUPTCY FOR JANET E. GIBA
by deed dated June 3, 2005 and re-
corded June 6, 2005 in the office of
the Recorder in and for Cumberland
.. County in Deed Book 269, Page 1220,
granted and conveyed to Michele
?w Arnold in fee.
lWhe Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA
17013
of News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
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
07116110
worn to and subscribed before me tl*.05 day of August, 2010 A. D.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
07123/10
Notarial Seal
Sherrie L. Kisner, Notary Public
Lower Paxton Twp., Dauphin County
my Commission Expires Nov. 26, 2011
'v1?!"r ,or. renns'vtvania Association of Notaries
WOO Fla 2!'184IMORTSM
g?tC mom 1agw>N1ieM1*4 LP
flQ?11?e?y?4?iti'i?near L?oM1?s
"V" LP
Its
VAq Wle AM aid
ALL TfiAT CWAIN Unit anti the property
known, weed OA r ratified in the ftWation
referred to below as Lwow Hide North
Condominirtin 1, located in'Frat'Pbosboro
Township, Cumberland Cm*, Pennsylvania,
which has heretofore been submitted to the
provisions of the Pennsylv3nia Uniform
Co me 68 PA C.S,A3101 et seq., by
the recording in the Of of the Recorder of
Deeds of Cumberland Comity of a Declaration
dated April 4, 1989 and recorded April 6,
1989 in the Office of the Recorder of Deeds
of Cumheriaod County in Miscellaneous Book
362 page 661, being and designated in such
Declaration as Unit No. B-12, together with
a detached garage, tieing designated in such
Dectmatiea as Unit No. B-12-G, which said
Unit is more fidty described mi " said Declaration
and Plats and Plans Site Aan, together with
proportionate undivided interest in the Common
Elements (as
defined in such Declaration) of 5.71%. Grantor
reserves the right, in accordance with said
Declaration, to reduce and reallocate Grantees
proportionate undivided interest in the Common
Elements as provided in the Declaration. UNDER
AND SUBJECT to conditions, restrictions, rights
of way, and set backs as shown on Final
Subdivision Plan for Laurel Hills North, dated
June 26, 1987 and recorded in the Office of the
Recorder of Deeds of Cumberland County in
Plan Book 54 page M and Plats and Plans-Site
Plan dated March 21,1989 and recorded in the
Office of the Recorder of Deeds of Cumberland
County, in Plan Book 57 page 126.
BEING PARCEL NO. 09-14-0835-082 U12
BEING KNOW AS Peppercorn Square, Enola,
Pennsylvania 17025.
BEING the same premises which LAWRENCE
G. FRANK, TRUSTEE IN BANKRUPTCY
FOR JANET E. GIBA by deed dated June 3,
2003 and recorded June 6, 2005 in the office
of the Recorder in and for Cumberland County
in 'Deed Book 269, Page 1220, granted and
conveyed to Mchele Arnold 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 Mtg Assoc 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
9th day of June, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10
Number 2550, at the suit of Michele Arnold against Federal National Mta Assoc is duly recorded as
Instrument Number 201028997.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this day of
-r