HomeMy WebLinkAbout10-2753Fl' D--0 F
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-F Z 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
t4ARGARET GAIRO, ESQUIRE - ID # 34419
123 outh Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
HSBC Bank USA, National Association as
Trustee for the Certificateholders, Nomura
Home Equity Loan, Inc., Asset-Backed
Pass-Through Certificates, Series 2005-FM1
1800 Tapo Canyon Road
Mail Stop #SV-103
Simi Valley, California 93063
V.
Richard E. Bottorf a/k/a Richard E. Bottorf,
Jr.
810 Sherwood Rd
New Cumberland, Pennsylvania 17070
and
Brenda L. Bottorf
810 Sherwood Rd
New Cumberland, Pennsylvania 17070
2010 APR 23 PH 3. 54
'NTY
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number jO -a'153 6".1-&-M
CIVIL ACTIONIMORTGAGE FORECLOSURE
4Q4.0o PO A7Tq
60 10 5
eON1091
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Hace falta
asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la
corte tomara medidas y puede continuar la demanda en
contra suya sin previo aviso o notificacion. Ademas, la
corte puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisioner de esta
demanda. Usted puede perder dinero o sus propiedades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA OFICINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
CIVIL ACTION/MORTGAGE FORECLOSURE
Plaintiff is HSBC Bank USA, National Association as Trustee for the Certificateholders,
Nomura Home Equity Loan, Inc., Asset-Backed Pass-Through Certificates, Series 2005-FM 1, a corporation
duly organized and doing business at the above captioned address.
2. The Defendant is Richard E. Bottorf a/k/a Richard E. Bottorf, Jr., who is the mortgagor and
real owner of the mortgaged property hereinafter described, and his last-known address is 810 Sherwood Rd,
New Cumberland, Pennsylvania 17070.
3. The Defendant is Brenda L. Bottorf, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and her last-known address is 810 Sherwood Rd, New Cumberland,
Pennsylvania 17070.
4. On January 14, 2005, mortgagors made, executed and delivered a mortgage upon the
premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Fremont
Investment & Loan which mortgage is recorded in the Office of the Recorder of Cumberland County in
Mortgage Book 1894, Page 3322.
5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration
Systems, Inc., as nominee for Fremont Investment & Loan to HSBC Bank USA, National Association as
Trustee forthe Certificateholders, Nomura Home Equity Loan, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-FMI, by Assignment: of Mortgage, which will be duly recorded in the Office of the Recorder
of Cumberland County.
6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 617 Bridge Street, New Cumberland, Pennsylvania 17070.
7. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due April 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage,
upon default in such payments for a period of one month, the entire principal balance and all interest due
thereon are collectible forthwith.
8. The following amounts are due on the mortgage:
Principal Balance $ 130,975.09
Interest through April 21, 2010 $ 13,464.93
(Plus $32.29 per diem thereafter)
Attorney's Fee $ 1,250.00
Late Charges $ 1,206.60
Corporate Advance $ 1,592.16
Escrow Advance $ 1,843.76
GRAND TOTAL $ 150,332.54
9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice
required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et
seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail
with a certificate of mailing and by certified mail, return receipt requested.
WHEREFORE, Plaintiffdemands in rem Judgment against the Defendant in the sum of $150,332.54,
together with interest at the rate of $32.29 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
McCABE, WEISBERG AND CONWAY,P.C.
BY:/lYl
Attorneys for P)aintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the
within action, and that he/she is authorized to make this verification and that the foregoing facts based on
the information from the Plaintiff, who is not available to sign this, are true and correct to the best of
his/her knowledge, information and belief and further states that false statements herein are made subject
to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
McCABE, WEISBERG AND CONWAY,P.C.
BY:
Ate"c
Attorneys for Pl ' tiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
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Pr?pared By:
f BARBARA LICON
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Re To;
F EMONT INVESTMENT 8 LOAN
+ P 0. BOX 34078
FULLERTON, CA 92834-34078
i
? JJ_
PcelNumber: 25240811038
8x00033712
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DEFR-4 ITONS
Words used in multiple sections of this do
3,11,13,18, 20 and 21, Certain rules reg
in Section 16.
(A? "Security Instrument" means this do
toghher with all Riders to this document.
(Q'IBorrower" is RICHARD E. BOTI
Bos rower is the mortgagor under this Secm
(C) 'OhMS" is Mortgage Electronic Reg!
so ly as a nominee for Lender and Lendf
Security Instrument. MFRS is organized
te4hone number of P.O. Box'2026, Flint I
PENNSYLVANIA - Single Family - Fannie M
40-eA(PA) (0407) Form 39 1101
Pagq t of 16 Inniala
V6 Mongage s.mlons, inc. (600) 21-7201
This is cr of fol f 9 a
true rte f. rta~ py? `J
the origin
ExhibftA
ive This Line For RecO ding Data]
IORTGAGiE
MIN 1001944.8000033712-9
Iment are defined below and other words are defined in Sections
ding the usage of words used in this document are also provided
went, which is dated January 14, 2005 ,
IF JR. AND BRENDA L. BOITTORF
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jnstrumenL
Ition Systems, Inc. MGRS is a separate corporation that is acting
successors and as?gns. MFRS is the mortgagee under this
d existing under th laws of Delaware, and has an address and
48501-2026, tel. (988) 679-MERS.
Mao UNIFORM INSTRUMENT WITH MERS
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(D) "Lender" is FREMONT INVESTMEN, & LOAN
der is a CORPORATION
mined and existing under the laws of
der's address is
21 EAST IMPERIAL HIGHWAY,
"Note" means the promissory note sit
Note states that Borrower owes Lende
/100 ---------------------
135,000.00 ) plus
Monts and to pay the debt in full not lai
"Property" means the property that
.)erty:'
"Loan" means the debt evidenced b?
under the Note, and all sums due undo
"Riders" means all Riddrs to this S
xs are to be executed by Borrower (chi
Adjustable Rate Rider ? Condom
Balloon Rider ? Planned
7 VA Rider ? Biweekl
m "Applicable Law" means all contl
ordinances and administrative rules and o
nor-appealable judicial opinions.
(J) "Comthunity Associatiori Dues, Fees
charges that are imposed on Borrower
association or similar organization.
"Electronic Fends transfer" means
drat, or similar paper instrument, which
computer, or magnetic tape so as to order
account. Such term includes, but is no
transactions, transfers initiated by telephone
(L) "Escrow Items" means those items thr
"Miscellaneous Proceeds" means any
any third panty (other than insurance pro
d e to, or destruction of, the Property; I
(iii) conveyance in lieu of condemnation;l
condition of the Property.
?? Mortgage Insurance" means insuran
(O)! "Periodic Paymtent" means the regal
Nose, plus (ii) any amounts under Section 3
t 4*-6A(PA) (D407)
ALIFORNIA
REA CA 92821
fedbyBorrowerandpted January 14, 2005
Otte Hundred Tlirty-Five thousand and
L-----------
--------------
Interest. Borrower hj promised to pay this debt in regular Periodic
r than February, l , 2035 ,
described below under the heading "Transfer of Rights in -the
the Note, plus interest, any prepayment charges and late charges
this Security Instrument, plus interest
trity Inst ummment that are executed by Borrower. The following
box as applicable)l
m Rider I, Second Home Rider
Unit Development Rider 14 Family Rider
PaymentRider ? Other(s) (specify]
oiling applicable federal, state and local statutes, regulations,
(that have the effect of law) as well as all 'applicable final,
and Assessments" means all dues, fees, assessments and other
or the Property by, a condominium association, homeowners
y transfer of funds, lother than a transaction originated by check,
initiated through ah electronic terminal, telephonic instrument,
instruct, or authoring a financial institution to debit or credit an
limited to, point-of-sale transfers, automated teller machine
*Ire transfers, and automated clearinghouse transfers.
are described in Seaton 3.
compensation, seal " ent, award of damages, or proceeds paid by
coeds paid under thel coverages described in Section 5) for. (i)
ui) condemnation or other taking of all or any part of the Property;
(iv) misrepresentations of, or omissions as to, the value and/or
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protecting Lender 4gamst the nonpayment of, or default on, the
rly scheduled amount due for Q) principal and interest under the
of this Security Instn#mem
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1 Infllal
Papa 2 0118 I Form 3039 1/01
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(P "RESPA" means the Real Estate Sep
lementitt? regulation, Regulation X (2
1
or y additional or-successor legislation
S boftament, "RESPA" refers to
yrelated mortgage loan" even if
un RESPA.
(47 "Successor in Ynterest of Bdrrower"
th (t party has assumed Borrower's obligat
TRANSFER OF RIGHTS IN'THE PROP]
This Security Instrument secures to Lend
m4difications of the Note; and (di) the l
Sekurity Instrument and the Note. For th
MMS (solely as nominee for Lender i
assigns of WERS, the following riescnbed
of I CUNDWAND
SEE EXHIBIT "A" ATTACHE
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deinent Procedures t (12 U.S.C. Section 2601 et seq.) and its
i C.F.R. Part 3500), hs they might be amended from time to time,
x regulation that goV,erns the same subject matter. As used in this
di requirements and restrictions that are imposed in regard to a
the Loan does not i>Ialify as a "federally related mortgage loan"
means any pa that has taken title to the Property, whether or not
Qns under the ]gets id/or this Security Instrument.
RTY I
r: (i) the repayment of the Loan, and all renewals, extensions and
erformance of Borrower's covenants and agreements under this
t purpose, Borrowerfdoes hereby mortgage, grant and convey to
id Lender's su and assigns) and to the successors and
)ropettylocatedinth County [Type of RecordingJnrisdicdon]
I [Name of Recording Jurisdiction]:
D HERE TO AND RAGE A PART THERE OF.
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which curr=ently has the address of
W BRIDGE ST
NEW CUMBERLAND
(" Eropeaty Address"):
TOGBTHER WITH all the improveltents now or h
ap?utenarices, and fixtures now or hereafier a part of the
be covered by this Security Instrument All of the forego:
" Borrower understands and q -ew that hm.,
BokibtVirin this Secturity Instrument, but, necessary to c
det and Lender's successors and s) has the right
but not limited to, the right to fvreclos? d sell the Prc
including, but not linlited to,xedeasing and celing this S
go-6A(PA) (0407)
[street]
I -r,Pennsylvania 17070 [zip code]
to
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Page 3 of Is
erected on the property, and all easements,
ty. All replacements and additions shall also
efmcd to in this Security Instrument as the
only legal title to the interests granted by
with law or custom, bMS (as nominee for
rci? any or all of those interests, including,
and to take any action required of Lender
Instrument
Initlala)m
Form 3039 1101
Old Republic National Title Insurance Company
Commitment Number. DA-2359
SCHEDULE C
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
ALL THAT CERTAIN lot or parcel of ground situate in the Borough of New Cumberland, county or Cumberland,
Pennsylvania, known as Lot No. 49 In the Plan of Lots of "Martin's Addition to the Borough of New Cumberland,
Pennsylvania", said lot fronting twenty-five (25) feet on Bridge Street and extending East along the line of Lot
No. 48, the property now or formerly of the heirs at law -of Ephriam Ebersold, deceased, on the North one
hundred fifty-three (153) feet to the westerly line of a twenty (20) foot wide alley known on iMid Plan of Lots as
Second Alley; thence South along the westerly line of said Second Alley, twenty-five (25) rest to the northerly
line of Lot No. 60, thence westwardly along the northerly fine of Lot No. 50 along and through the center of the
partition wail separating the property herein described and the easterly half of said house, one hundred
fifty-three (153) feet to the easterly line of Bridge Street, the point and place of beginning.
HAVING THEREON erected the northerly half of a double 2 % story frame dwelling house and known and
numbered as No. 617 Bridge Street, New Cumberland, Pennsylvania.
SAID Lot being No. 49 on the certain Plan of Lots surveyed by M.B. Cowden, May 1888, and duly filed among
the records In the Office of the Recorder of Deeds in and for Cumberland County In Deed Book "C", Volume 6,
Page 600.
UNDER AND SUBJECT, nevertheless, to the restrictive covenants In the record chain of title hereto.
Tax I.D. No. 25-24-0811-038
ALTA Commkment
schedule G
(BOl70RF, RICNARD.PFD/DA-238914)
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BORROWER COVENANTS that orrower is lawfully seised of the estate hereby conveyed and has
th, right to mortgage, grant and convey the Property apd thdt the Property is unencumbered, except for
enbumbrances of record. Borrower wary is and will defend Jenerally the title to the Property against all
{ and demands, subject to any encum ces of record. {
f THIS SECURITY INSTRUMENT combines uniform covenants for ndtional use and non-uniform
co enants with limited variationA by diction to constitute is uniform security instrument covering real
' peaty. 3 .
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, IF es{ Escrow Items,
Prepayment Charges, and Late Charges.
Bo trower shall pay when due the c' al of, and interest 4. the debt evidenced by the Note and any
prepayment charges and late chargee under the Note. Borrower shall also pay funds for Escrow Items
pusuant to Section 3. Payments dn the Note and M Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received ?! Lender as payment under the Note or this
Security Ihstrument is returned to Lender, unpaid, Lender may?requir0 that any or all subsequent payments
dins under the Note and this Security Instrument be made in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c certified check, bank check, treasurer's check or cashier's check,
I prt;vided. any such check is drawn upon wi institution whose deposits are insured by a federal agency,
ins entality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by nder when received!. at the location designated in the Note or at
such other location a3 may be designated y Lender in accordance with the notice provisions in Section. 15.
Le? der may return any payment or partial yment if the paym r t or partial payments are insufficient to bring
th? Loan current. Lender may accept any ayment or partial pa t insufficient to bring the Loan current,
wi0out waiver of any rights hereunder or jutiice to its rights refuse such payment or partial payments in
thfuture, but Lender is not obligated to ply such payments at; the time such payments are accepted. If each
dic Payment is applied as of its soh led due date, thetj Lender need not pay interest on unapplied
Zd
s. Leader may hold such unapplied fnds until Borrower {takes payment to bring the Loan current. If
Bo wer does not do so within a rem"ble period of time, lender shall either apply such funds or return
therraoto Borrower. If not applied ear>rer?er, s ch funds will be app+d to the outstanding principal balance under
the' Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the
' futhre against Lender shall relieve Borro er from making payments due under the Note and this Security
Instrument or performing the covenants an agreements secured by this Security Instrument.
2. Application of Payments or Proof Beds. Except as otherWise described in this Section 2, all payments
Jepted and applied by Lender shall be plied in the following order of priority: (a) interest due under the
Note; (b) principal dire under the Note; (c amounts due under section 3. Such payments shall be applied to
each Periodic Payment in the order in w hi h it became due. An remaining amounts shall be applied first to
late, charges, second to any other amounts due under this-S Instrument, and then to reduce the principal
balaance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
srr tficient amount to pay any late charged e, the payment may ? e applied to the delinquent payment and the
j late charge. If more than one Periodic Pay ent is outstanding, Lender may apply any payment received from
Iio6wer to the repayment of the Pedodi Payments if, and to the extent that, each payment can be paid in
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dt{nltla{s:
-0A(PA) (0407) Page a of is j Form 3039 1101
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fu - To the extent that any excess exists
Periodic Payments, such excess may be ;
applied first to any prepayment charges an
Any application of payments, msuran
Node shall not extend or postpone the due c
3. Funds for Escrow Items: Borrow
the?Note, until the Note is paid iui full, a s
taxggss and assessments and other-items wl
enc ibmee, on the Property; (b) leasehol
forlany and all insurance required by Lena
or 6y sums payable by Borrower to Lei
accordance with the provisions of Section
timb during the tram of the 14an, LOU,
As ments, if any, be escrowed by Borrd
Bower shall promptly furnish to Lende'
shad pay Leader the Funds for Escrow Its
forlany or all Escrow Items. Lender may a
Escrow Items at any time. Any such waiv?
shad pay directly, when and where payab
I Funds has been waived by dear and, If
pa, ent Within such time period as Lends
to Iirov. receipts shall for all puiposes
Ins ment; as the phrase "covenhnt and
Escrow Items direcdy, pursuant to a waiv
Leu?der may exercise its rights under Sec
under Section 9 to repay to Lender any su
Items at any time by a notice given in ac
i pa), to Lender all Funds, and in such amo
Lender may, at any time, collect and
the Funds at the time specified under
under RESPA. Lender shall estin
i reaonable-estimates of expenditures of fu
The Funds shall be held in an instituo
or I tity (including Lender, if Lender is an
Lo Bank. Lender 'shall apply the Funds
RE PA. Lender shall not charge Borrow
w
` esciow account, or verifying the Escrow
Applicable Law permits Lender to make sn?
Law requires interest to be paid on the
ear6ings on the Funds. Borrower and Len
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after the payment is 'applied to the full payment of one or more
Ipplled to any late charges due. Voluntary prepayments shall be
then as described in a Note.
co proceeds, or Miscdllaneous Proceeds to principal due under the
Tate, or change the a 'aunt, of the Periodic Payments.
r shall pay to Lender on the day Periodic payments are due under
am (the "Funds") to provide for payment of amounts due for: (a)
uch can attain priori over this Security Instrument as a lien or
d payments or group rents on the Property, if any; (c) premiums
er under Section 5; d (d) Mortgage Insurance premiums, if any,
des in lieu of the p yment of Mortgage Insurance premiums in
.0. These items are called 'Escrow Items.' At origination or at any
lea may require ff* Community Association Dues, Fees, and
wer, and such dues, flies and assessments shall be an Escrow Item.
r all notices of amounts to be paid under this Section. Borrower
,ns unless Lender waves Borrower's obligation to pay the Funds
,aive Borrower's obligation to pay to Lender Funds for any or all
r may only be in writing, In the event of such waiver, Borrower
e, the amounts due for any Escrow Items for which payment of
Lender requires, shall furnish to Lender receipts evidencing such
may require. Borrower's obligation to make such payments and
deemed to be a covegaut and agreement contained in this Security
greemertV is used i11 Section 9. If Borrower is obligated to pay
r, and Borrower fails to pay the amount due for an Escrow Item,
)n 9 and pay such amount and Borrower shall then be obligated
h Amount. Lender m4y revoke the waiver as to any or all Escrow
dance with Section 115 and, upon such revocation, Borrower shall
is, that are then requited under this Section 3.
told Funds In an arnWnt (a) sufficient to permit) ender to apply
WA, and (b) not toyexceed the maximum amount a lender can
a the amount of Funds due on the basis of current data and
re Escrow Items or otherwise in accordance with Applicable Law.
n whose deposits are' insured by a federal agency, instrumentality,
Institution whose deposits are so insured) or in any Federal Home
to pay the Escrow Items no later than the time specified under
x for holding and applying the Funds, annually analyzing the
Items, unless Lende; pays Borrower interest on the Funds and
h a charge. Unless an agreement Is made in writing or Applicable
ds, Lender shall notlbe required to pay Borrower any interest or
,r can agree in writing, however, that interest shalt be paid on the
,
Pages of Is ?_" Form 3039 1/01
ids. Lender shall give to Boriower, to
PA.
If thPxe is a surplus of Funds herd
Borrower for the excess funds in aecordat
defined under RESPA, Leader shall noti
Lender the amount necessary to intake up
monthly payments. If there is a deficienc)
no ' Borrower as required by R$SPA, a
th deficiency In accordance with RESPA,
Upori payment in full of all sums w
B wer any Funds held by Lender.
1 4. Charges; Liens. Borrower sho
attbutabld to the Property which can art
?rtnd rents on the Property, if any, and C
exthnt that time itemp are Escrow'Items, B
Borrower shall promptly discharge
B wen. (a) agrees in writing to the pays
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der, but only so long as Borrower is pe
ds aghiast enfbicement of the ben in,
eni =ement of the lien while those proaee
or c) secures from the holder of the lien
S j ty Instrument If Lender determines
pr ity over this Security Instrument, Les
dais of the date on which that notice is i
actions set forth above in this Section 4.
Lender may require Borrower to pay
service used by Lender in connection with I
5. Property Insnrhnce. Bortower shy
ft" insured against loss by hue, haza?
hazards including, but not limited to, eat
ins ce shall be maintained in the amo
r . What Lender requires pursuant
74 insurance carrief providing the in
pprove Borrower's choice, Which
Borrower to pay, in connection with this
certification and trac og services; or (b) .
services and subsequent charges each
affect such determination or certification.
imposed by the Federal Emergency
determination resulting from an objection b?
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hout charge, an annual accounting of the Funds as required by
In escrow, as defiled under RESPA, Lender shall account to
a with RESPA. If th',ere is a shortage of Funds held in escrow, as
r Borrower as required by RESPA, and Borrower shall pay to
he shortage in accordance with RESPA, but in no more than 12
of Funds held in escrow, as defined under RESPA, Lender shall
i Borrower shall p4 to Lender the amount necessary to make up
ut in no more than 12 monthly payments.
fired by this Security!Instrument, Lender shall promptly refund to
! pay all taxes, assessments, charges, fines, and impositions
un priority over this i Security Instrument, leasehold payments or
maimmity Association Dues, Fees, and Assessments, if any. To the
ur6wer shall pay thel in the manner provided in Section 3.
ny lien which has 1P over this Security Instrmnent unless
ent of the obligation 6aured by the lien in a manner acceptable'to
farming such agreer ent; (b) contests the lien in good faith by, or
egal proceedings which in Lender's opinion operate to prevent the
flags are pending, bqt only until such proceedings are concluded;
n agreement satishoory to Lender subordinating the lien to this
that any part of the Property is subject to a lien which can attain
der may give Borrower a notice identifying the lien. Within 10
iven,'Borrower shall satisfy the lien or take one or more of the
i
i one-time charge fora real estate tax verification and/or reporting
ris Loan. f
R keep the improvements now existing or hereafter erected on the
ds included within the term "extended coverage," and any other
hquakes'and floods,, for which Lender iequires insurance. This
its (including deducIlle levels) and for the periods that Lender
the preceding sentences can change during the term of the Loan.
nce shall be chosen by Borrower subject to Lender's right to
ht shall not be ex =ised unreasonably. Lender may require
mn, either. (a) a o Mime charge for flood zone determination,
one-time charge f flood zone determination and certification
remappings or similti ar changes occur which reasonably might
3orower shall also 6 responsible for the payment of any fees
erdent Agency in co nection with the review of any flood zone
Borrower. 7
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1
Inhlala•
Page $ of 16 Form 8039 1101
! i
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If Borrower fails to maintain any 4f the coverages described above, Lender may obtain insurance
coverage, at Lenders option and Borrowers expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Th afore, such coverago shall cover Lender, but might or might not
p sect Borrower, Borrower's equity in th Property, or the conf ents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage I than was previously in effect. Borrower
i a wledges that the cost of the ' coverage so obtdined might significantly exceed the cost of
j
hu, e that Borrower could We obtai k Any amounts dilbursed by Lender under this Section 5 shall
be en to additional. debt of Borrower aectugd by this Security Instrument. These amounts shall bear interest at
thej Note rate from the date of disbursemo t and shall be payablel, with such interest, upon notice from Lender
to 3orrow& requesting payment.
All iitsarance Voliees required by der and renewals If such policies. shall be subject to Lender's
rig it W disapprove such policies, shall ?ttclute a standard Aortgage clause, and shall name Lender as
mortgagee and/or as an additional loss pa ee. Lender shall haae the right to hold the policies and renewal
cercates. If Lender requires, Borrower hall promptly give Lender all receipts of paid premiums and
re ?ewa] notices. If Borrower obtains any ' of insurance co .erage, not otherwise required by Lender, for
! da doge to, or destr iction of, the Pro , such policy shall ibelude a standard mortgage clause and shall
naf ne Lender as mortgagee and/or as an ad 'tional loss payee.
In the event of less, Borrower shall gtive prompt notice to the insurance carrier and Lender. Lender may
make proof of Loss if not made prompby Borrower. Unleks Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether r not the underlyin insurance was required by Lender, shall be
applied lied to, restoration or repair of thePeTtY, if the restoron or repair is economically feasible and
L ' er s security is not lessened During c h repair and restoration period, Lender shall have the right to
I ho, such insurance proceeds rural Lender as had an opportunity to inspect such Property to ensure the work
f =completed to Lender's provided that stick inspection shall be undertaken promptly.
dy disburse proceeds for the rep and restoration ' a stogie payment or in a series of progress
1 payments as the work is completed. U an agreement is iiade in writing or Applicable Law requires
interest to be paid on such insurance pro , Lender shall nol be required to pay Borrower any interest or
earnings on such proceeds. Pees for publi adjusters, or other thud parties, retained by Borrower shall not be
paid out of the insurance proceeds and shill be the sole obbga* of Borrower. If the restoration or repair is
nof economically feasible or Lender's s would be lessendd, the insurance proceeds shall be applied to
the sums tecured by this Security Ins ent, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall b applied in the order provided for in Section 2.
If Borrower abi mdons, the Property, fender may file, negdtiate and settle any available insurance claim
anal related matters. If Borrower does not despond within 30 &Ys to a notice from Lender that the insurance
cagier has offered to settle a claim, then )' ender may negotiatel and settle the claim. The 30-day period will
begin when the notice is given. In eithef event, or if Lendo acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Le der (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under th Note or this Sedulity Instrument, and (b) any other of Borrower's
is (other than the right to any re of unearned prernntms paid. by Borrower) under all insurance
po'dies edvering the Property, insofar as ch rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds Oer to air or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument, whether not then due, t
? ? Inlthb
VAMA)10407) Papa 7 of 16 I Form 3039 1101
I t
s l
6. Occupancy. Borrower shall occi
wi in 60 -days lifter the execution of th
e Borrower's principal residence for at k
agfees in writing, which consent shall !
carat which are beyohd Borrower's contr
7. Reservation, Maintetuince at
destroy, damage or impair the Pfbperty,
4
r, establish, and use tfre Property as Borrower's principal residence
Security Instrument red shall continue to occupy the Property as
t one' year after the 1 of occupancy, unless Lender otherwise
t be unreasonably withheld, or unless extenuating circumstances
Protection of the ,Property; Inspections. Borrower shall not
loan the Property to deteriorate or commit waste on the Property.
i Whether or not Borrower Is residing in "Property, BoMwer 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 restoraHori is not ' nomically feasible, i, ouower shall promptly repair the Property if
Wed to avoid further deterioration r damage. If insurance or condemnation proceeds are paid in.
c nation with damage to, br the talon of, the Property, B?rinwer shall be, responsible for repairing or
redpning the Property only if Lender has released proceeds for $trch purposes. Lender may disburse proceeds
fo? the repairs and restoration ih a sing r, payment or in a series of progress payments as the work is
completed: If the insurance or condemn
proceeds are notr sufficient to repair or restore the Property,
Bo6ower is notrelieved of Borrower's ob igation for the completion of such repair or restoration.
I Lender or its agent may make reammble entries upon and inspections of the. Property. If it has
reasonable cause, Lender may inspect the interior of the impr vemehts on the Property. Lender shall give
Bo? wer notice at the time of or prior to ch an interior inspection specifying such reasonable cause.
`` S. Borrower's Loan Application. B rrower shall be in detfault if, during the Loan application process,
Bor rower or any persons or entities actin 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 Ldnder with material information) in connection with t e Loan. Material representations include, but
r notlimited to, representations concern Borrower's occupancy of the Property as Borrower's principal
!I
9. Protection of Lender's Interest the Property and Rights Under this Security Instrument. If
' (a) Borrower fads to perform the covenan and agreements cohWned in this Security Instrument, (b) there is
a I?gal prdcee&g that might significantly affect Lender's interest in the Property and/or rights under this
Se6tnity Instrument (such as a =proceed' g in bankruptcy. probate, for condemnation or forfeiture, for
ent=orcemebt of a lien which relay attain priority over this security Instrument or to enforce laws or
regulations), or (c) $orrower has abandoned the Property, OA 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, t t are not limited toy (a) paying any sums secured by a lien which
had priority over this Securi Instrumen earin in co
ritY ty g app g ura. and (c) Paying reasonable attorneys' fees to
prfitect its interest in.the Property and/or 'ghts under this Secuity Instrument, including its secured position
in a bankmptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
mace repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
s btridmg or other code violations or don conditions, and have utilities turned on or off. Although
Lefider may take action under this Sectio 9, Lender does not have to do so and is not under any duty -or
obligation to do so. It is agreed that Len r incurs no liab*1for not taldng any or all actions authorized
uner d! this Section 9.
I I ?
' ! renrars
i (R-0A(PA) (04071 Pays a of 16 I Form 8059 1101
' s !
r
? s
•
! Any amounts disbursed by Lende
se *dd by this Security Instrument. Th
disbursement and shall be payable, wilt
pa? ment.
If this Security Instrument is on a le
If Borrower acquired fee We to the Prof
to the merger in writing.
10. Mortgage Insuran& If Lends
B :xower shall pay the premiums require
th8 Mortgage Insurance coverage require
i previously provided such insurance and
to*ard then premiums for Mortgage Insuzy
substantially equivalent to the Mortgage
dii cost to Borrower of the Mortgage I
seleected by Lender. If substantially cq&,
continue to pay to Lender the amount of d
coverage ceased to be in effect. Lender v
reserve in lieu of Mortgage Insurance. Sic
the Loan is ultimately paid in fill, and Le
on LSP ch loss reserve, Lender can no lunge
th noint and for period that Lender
av bl e, is obtained, and Lender requires
Insurance. If Lender required Mortgage
' fired to make separately designated p
sh pay the premiums requited to maints
e, until Lens's requiremdnt for N
een Borrower and Leander providing
La . Nothing in this Section 10 affects Ba
Mortgage Insurance reimburses Lem
in ur if Borrower does not repay the Loan
Mortgage insurers evaluate dicer tot
on or into agreement with Other parties th;
on teams and conditions that are §atisfacte
1 ments. These agreements may require
th t the mortgage insurer may have_avaih
premiums).
1 As a re:salt of these agreements, Len
other entity, or any affiliate of any of the
m (or might be characterized as) a pori
for sharing or modifying the mortgage ink
i affiliate of Leander takes a share of the le'
inatur'er, the arrangement is often termed "G
(a) Any such agreements will n
Mbrtgage Insurance, or any other tern
Borrower will owe for-Mortgage Insum
Ck-M(PA) (o4w) !
i
i
under this Section 4 shall become additional debt of Borrower
u mounts shall bedr interest at the Note rate from the date of
such interest uponnotice from Lender to Borrower requesting
Behold, Borrower shall comply with all die provisions of the lease,
rty, the leasehold and the fee title shall not merge unless Lender
required Mortgage Insurance as a condition of making the Loan,
l to maintain the Mortgage Insurance in effect. If, for any reason,
'. by Lender ceases be available from the mortgage insurer that
Borrower was regn' to mWm separately designated payments
ice, Borrower shall y the premiums required to obtain coverage
nsarance previously effect, at a cost substantially equivalent to
surance previously in effect, from an alternate mortgage insurer
tent Mortgage ce coverage is not available, Borrower shall
3 stpdratdy design payments that were due when the insurance
ill accept, use and re
' these payments as a non-refundable loss
i loss reserve shall non-refundable, notwithstanding the fact that
x1or shall- not be req ' to pay Borrower any interest or earnings
require loss reserve payments if Mortgage Insurance coverage-{m
n;quires) provided bpi an insurer selected by Lender again becomes
separately designatedfpayments toward the premiums for Mortgage
rasurance as a condiEion of making the Loan and Borrower was
ytdents toward the premiums for Mortgage Insurance, Borrower
n Mortgage Insurance l In effect, or to provide a non-refundable loss
frtgage Insurance ends In accordance with any written agreement
r such termination or -until termination is required by Applicable
rower's obligation td pay interest at the rate provided in the Note.
:r (or any entity thatipurchases the Note) for certain losses it may
is agreed. Borrower rs not a party to the Mortgage Insurance.
'. risk on all such hnfluranice in force from time to time, and may
share or modify their risk, or reduce losses. These agreements are
y to the mortgage ni urer and the other party (or parties) to these
the mortgage insures to make payments using any source of funds
He (which may inch fide funds obtained from Mortgage Insurance
er, any purchaser of, the Note, another insurer, any reinsurer, any
oregoing, may receive (directly or indirectly) amounts that derive
on of Borrower's Payments for Mortgage Insurance, in exchange
inn's risk, or reducing losses. If such agreement provides that an
urer's risk in exchange for a share of the premiums paid to the
pave reinsurance." Further.
affect the amounts that Borrower has agreed to pay for
of the Loan. Sucli agreements will not increase the amount
ee, and they will not entitle Borrower to any refund.
Inltlak:
PaQa a of l s Form 3039 1101
I
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(b) Any such agreements will not
t ge Insurancb under the Romeov
in?tude the e right to receive certain di
Inmrancd, to have the Mortgage Insura
M ge Insurance premiums that wet
IL Assignment of Miscellaneous
as ' ed W and shalt be paid to Lender.
If the Property, is damaged, such Mis
arty, if the restoration or reo* is ec
sulh repair and restoration period, Lendf
Lender hag had an opportunity td inspect
satisfaction, provided that such inspection
restoration in a single disbursement or in
a0ement is made hi writing or Appucabl
shalt not be required to pAy Borroi
don or repair is not economically f
P,i?ceeds shall be applied to the sums sect
ex s, if bny, paid to Borrower. Such M
Se tlon 2.
I In thb event of a total taking, destru(
be applied-to the sums secured by tl
any, paid-tb Borrower.
In the event of a partial taking, dent
va)I a of the Property immediately before t
than the amount of the sums secured by
destruction, or loss id value, unless Borrow,
S ty I! ent shall be reduced by
f owing 1 tlotl: (d) the total amount of I
or oss in value divided by (b) the fair in
d tructiod, or loss in value. Any balance f
i In thb event of a partial taking, lest
value of the Property immediately befor+
amount ot the sums secured ittunediata y
Boo !td and Lender otherwise bgrae in
by this Security Instrumant wheth
! If the Property is abandoned by B
Party (as defined in the next sentence) off
to despond to Lender within 30 days afte
ap ly the Miscellaneous Proceeds•either m
S Instrument, whether or not then
I?tiscellanebus Proceeds or the party again
Borrower shall be in default if
Le' den's judgment, could result iii fen
in the Pr4ei or rights under this Sc
ha occturK reinstate as provided in
ruling that, in Lender's judgment, )
I
A-GA(PA) (0407)
affect the rights Borrower has - if any - with respect to the
rers Protection Act Of 1998 or any other law. These rights may
lures, to request and obtain cabcdation of the Mortgage
tce terminated autoinatically, and/or to receive a refund of any
unearned at the time of such cancellation or termination.
Proceeds; ForfeW
e. All Mscellaneous Proceeds are hereby
I
:ellwwous Proceeds shall be applied to restoration or repair of the
mdmically fen ft aid Lenders security is not lfeseted. During
shall have the right to hold such Mscellaneous Proceeds until
melt Property to enst}re the work has been completed to Lender's
(hall be undertaken promptly. Lender may pay for the repairs and
series of progress p ymants as the work is completed Unless an
Law requires interest to be paid on such Mlsoollaneous Proceeds,
et any interest or earnings on such A4isosllaneous Proceeds. If the
ssible or Lender's st ni&y would be lessened, the Miscellaneous
red by this Security )nshument, whether or not then due, with the
cellaneous Proaeedslsball be applied in the order provided for in
ion, or loss in valuelof the Property, the Miscellaneous Proceeds
I Security Instrument whether or not then due, with the excess, if
uction, or loss in vJue of the Property in which the fair market
e partial taking, desduction, or loss in value is equal to or greater
this Security Instrument immediately before the partial taking,
!r and Lender dtherwise agree in writing, the sums secured by this
the amount of the; Miscellaneous Proceeds multiplied by the
to rams secured immediately before the partial taking, destruction,
rket value of the Property immediately before the partial taking,
all be paid to Borro j;r.
iction, or loss in value of the Property in which the fair market
the partial taking, destruction, or loss in value is less than the
before the partial taking, destruction, or loss in value, unless
niting, the Miscellaneous Proceeds shall be applied to tho sums
or not the sums are (hen due,
ewer, or if, after notice by Lender to Borrower that the Opposing
s to make an awardjto settle a claim for damages, Borrower fails
the elate the notice is given, Lender is Authorized to collect and
estoration or repair df the Property or to the sums secured by-this
ere. "Opposing Party" means the third party that owes Borrower
whom Borrower ha? a right of action in regard to Miscellaneous
:lion or proceeding, whether civil or criminal, is begun that, in
of the Property or other material impairment of Lender's interest
Instrument. Borrow g? r can cure such a default and, if acceleration
n 19, by causing the actin or proceeding to be dismissed with a
les f6rfeiture of & Property or other material impairment of
Page 10 of 1s
InitlabrW
Form 3039 1101
I
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. Leader's interest in the Property or rights nder this Security Instrument. Tice proceeds of any award or claim
j f damages that are attributable to the ' ai ment of Lender'A interest in the Property are hereby assigned
an shall be paid to Lender. '
All Miwamebus Proceeds that are of applied to restoration or repair of the Property shall. be applied
in he order provided for in Section 2.
12. Borrower' Not Releasled; For ce By Lender Not a Waiver. Extension of the time for
j pa ent dr modification of amortization of the stuns secured bey this Security Instrument granted by Lender
a to Borrower or any Successor in Ingest Qf gorrower shall not;operate to release the_liability of Borrower or
an?, Successors in Interest of Borrower. Lender shall not be re{Ih>ired to commence proceedings against any
Successor in Interest of Borrower or to a tb extend time payment or otherwise modify amortization
i of the sutras secured by this Security Ins but by reason of , y demand made by the original Borrower or
an Successors in Interest of Borrower. Airy forbearance bi Lender in exercising any right or remedy
in ding, without limitation, Lender's ce of payments. from third persons, entities or Successors in
In est of Borrower or in amouhts less elan the amount then payments. from
shall not be a waiver of or preclude the
, ex ise of any right or remedy. ( 1
13. Joint and Several Uability; C ers; Successors lmd Assigns Bound. Borrower covenants and
ag ees that Borrower's obligations and ' 63lity shall bo joiht and several. However, any Borrower who
col. signs this Security Instrument but does not execute the Notel(a "co-signer" ): (a) is co-signing this Security
Instrument only to duigage,,graht and co vey the co-signer's interest in the Property under the terms of this
Security Instrument;. (b) is not personally bligated to pay the $ums secured by this Security Instrument; and
W agrees that Lender and any other Borrower can Wed to extend, modify, forbear or make any
I ( accommodations with regard to the of this Security Th4trument or the Note without the co-signer's '
! consent. I
c ` Subject to the provisions of Section 8, any Successor ill Interest of Borrower who assumes Borrower's
'
! o gations under this Security Iusftpt
in writing, and 13 approved by Lender, shall obtain all of
i B wer's rights bnnd benefits undeSecuri
ty Instrunent. Borrower shalt not be released from
B wens obligations and liability under dins Security Inetrulnent unless Lender agrees to such release in
wh. g. The covenants and agreements o f this Security Instrument shall bind (except as provided in Section
2 and benefit the successors and assigns of Lender.
I 14. Loan Charges. Lender may arge Borrower fees{ for services performed in connection with
Borrower`s default,' for the purpose of iecting Lender's interest in the Property and rights under this
Sty Instrument, including, but not ' hod to, attorneys' fees, property inspection and-valuation fees. In
re and to any other fees, the absence of • authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a +hibiton on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this S?u?ty Instrument of by Applicable Law.
I If the Loan is 'subject to a law which sets maximum loan Icharges, and that law is finally interpreted so
that the interest or other loan ctiaarges eoed a ro be wllected in connection with the Loan exceed the
(a) any such loan ge shall be reduced-by the amount necessary to reduce the charge
limit; and (b) any sumeady collected froBorrower which exceeded permitted limits
to Borrower. Lender mhoose to make t»s? refund by reducing the principal owed under
thh Note or by making a direct paymen to Borrower. If a refund reduces principal, the reduction will be
tr4ated as a partial payment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's ceptance of any suc'ih refund made by direct payment to Borrower
will constitute a waiver of any right of ac ton Borrower might hve arising out of such overcharge.
i (J
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i
Inillais:
q-6A(M)10407) Pape 11 of is i Form 3038 1101
I
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0 If
15. Notices. All notices given by Borrower or Lender in donnection with this Security Instrument must
be an writing. Any dotice to Boatrower connection with this !Security Instrument shall be deemed to have
adoi= If sent by other means. Notice any one Borrower shall constitute notice to all Borrowers unless
A licable Law expressly requires oth The notice address shall be the Property Address unless
B mower has designated a substitute nopce' address by notice to Lender. Borrower shall promptly notify
Le?der of.Borrower s change of address. Lender specifies a pprroo w for reporting Borrowers change of
adftess, then Borro*er shall only report change of address ttrfough that specified procedure. There may be
o 4y One designated notice address under this Security InstrumAt at any one time. Any notice to Lender shall
ba given by delivering at or by niau7atng it Iby first class maul to {'[.eruder's address stated herein unless Lender
h designated another address by notice tb Borrower. Any notice in connection with this Security Instrument
shkI not be deemed to have been given topmder until actually received by Lender. If any notice required by
thi Security Instrument is also rbquii+ed under Applkabk Lawj the Applicable Law requirement will satisfy
th coaesportdhug requirement under thisecurity Instrument.
iii. Governitng Law; Severabi6ty; Hies of Constractio .This Security Instrument•shell be governed
by federal law and the law of the junction in which the ?loperty is located. All rights and obligations
rained in this Security Instrument subject to any xequuiremenis and limitations of Applicable Law.
placable l aw might explicitly nx implicitly allow the parties to agree by contract or it might be-silent, but
such silence small nbt be construed as allpmhr'bih'on against agreement by contract. In the event that any
provision or clause Of this Security In ' edt or the Note eonpas with Applicable Law, such conflict shall
not affect other provisions of this Securi instrument or the Note which can be given effect without the
coofficting provision.
As used in this Security Ins t: (a) words of the masculine gender shaft mean and include
cotresponding neuter words or words o the feminine gender; (b) words in the singular shall mean and
mclude the plural and vice versa; and (c) a word "may" gfvesf1sole discretion without any obligation to take
anir actinn_
17. Borrower's Copy. Borrower dim
18. transfer of the Property or
"It terest in the Property" means any legs
fix se beneficial inWests transferred in a t
a ent, the intent of which is the trans
i If all or any part of the Property or
not a natural person itnd a beneficial int m
cohsent, Lender may require immediate
However, this opdod shall notbe-exercise
If Lender exer+dases this 00tion, Le
provide a period of not less than 30 day
wAhin which Borrower must pay all sums
sums prior to the expiration of this pert
Instrument without further notice or dema
ff 19. Borrower's Right to Rdusb
Bdnz wer •Slia11 have the right to have enf
to kk'theearliest of. (a) five days before an
Selcunty Instrument; (b) such other period
right to reidstate; oar (c) entry of a jddgr
Bdaower: (a) lays Lender all sums whirl
1f no accelMtaon had occurred; (b) cure
i
*-.6A(OA) (0407)
R be given one copy df the Note and of this Security Instrument.
t Beneficial Interest in -Borrower. As used in this Section 18,
or beneli W Interest in the Property, including, but not limited to,
fnd for deed, contract for eked, installment sales contract or escrow
s< of tide by Borrow at a future date to a purchaser.
ny Interest in the Paro?uerty as sold or Muusfer red. (or if Borrower is
min Borrower is soldlor transferred) without Lender's prior written
)ayment in full of all sums secured by this Security Instrument.
. by Lander if such e#rcise is prohibited by Applicable Law.
den shall give Borrower notice of acceleration. The notice shalt
from the date-the notice is given in accordance with Section IS
secured by this Secaity Instrurneut. If Borrower fails to pay these
A, Lender may invdke any remedies permitted by this Security
d on Borrower.
to After Accelera on. If Borrower meets certain conditions,
rcement of this Secuiity instrument discontinued at any time prior
of the Property pursuant to any power of sale contained in this
as Applicable Law night specify for the termination of Borrower's
ant enforcing this Security Instrument. Those conditions are that
then would be due tinder this Security Instrument and the Note as
i any default of anyf other covenants or agreements, (c) pays all
Ipitlahj???
'7?'? dorm 3039 1/01
expenses incurred in enforcing this S
fogs, prolicrty inspeddon and valuation
in est fir the Propgaty and rights under
reasonably :require th assure that Lander
anld Borrower's obligation W paY the
may require that Borrower pay
1 f . , as selected by Lender:. (ay cash; (b
i cashier's check, provided any such check
ag?enoy, ifistrume stalky or entity; or (d)
Seurity Instrument and obligations
oclcuned. However, this right to reinstate
20. Sale of Note; Change bf Loan
E N? a (together with this Secut?ity Instrutn
Atsale
?e u might result In a change in the en
dc
nder the Note and thin Secxrrity
under the Note, tiiis~ Security Inatriiment,
( thh Loan Servi?cer unrelated to a gate of
gi? en written notice of the change w
a
ess to which payments should be
n tice of transfer of servicing. If the No
th the purchaser of the Note, the m
Ldau Servker or be transferred to a sac
unless otherwise provided by the:Note
Neither Borrower nor Lender may
in 'vidual litigant of the member of a
4trument or that alleges that thO other p
this Security Instrument, until such Bono
co?ttrpIhm with the require ment$ of S
reasonable period after the giving of
pe od which must elapse before certain
fo purposes of this paragraph. The notice
to Section 22 and the notice of acedera
sa 'sfy the notice and opportunity to take
21. Ibzardo#s Substances. As
su, stand defined as toxic or hazardou
foll?owing, substances: gasoline, kerosene,
herbicides, volatile solvents, materials
"Enviromodntal Law" means federal laws
to? health, safety or., environmental .,
remedial action, or removal action, as
mans a condition that can cause; contabu
46A(PA) (04071
1
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I
I' Instrumenthnclu? -but not limited. to reasonable , g, attorneys'
f , and other fees in?mre d for the purpose of protecting Lender's
Security Instrument; and (d) takes such action as Lender may
' interest in the
( and rights under this Security Instrument,
Prop"
as becured by this S4cuft Instrument, shall continue unchanged.
h reinstatement sums and expenses in one or more of the following
money order; (c) Qiii check, bank check, treasurer's check or
drawn upon an institution whose deposits are insured by a federal
tnic Funds Transfer. Upon reinstatement by Borrower, this
red herreby shall remain fully effective as if no acceleration had
Mail not apply in the case of acceleration under Section 18.
bervieer; Notice of Grievance. The Note- or a partial interest in the
err) can be sold one o more times without prior notice to Borrower.
tiLv (mown as the " an Servicer") that collects Periodic Payments
trument and peaf s other mortgage loan servicing obligations
d Applicable Law.11bere also might be one or more changes of
e Note. If there is a change of the Loan Servic er, Borrower will be
htc will state the names and address of the new Loan Servicer, the
and any other infolrmadon RESPA requires in connection with a
to is sold and thereafterithe Loan is serviced by a Loan Servker other
age loan servicing abligations to Borrower will remain with the
assor Loan Serviceri and are not assumed by the Note purchaser
baser.
commence, join, or lie joined to any judicial action (as either an
clas) that arises from tht other party's actions pursuant to this Security
has breached any provision of, or any duty owed by reason of,
err or Lender has noted the other party (with such notice given in
ectton ld) of such alleged breach and afforded the other party hereto a
sucl>( notice to take conwfive action. If Applicable Law provides a time
t. can be taken, that time period will be deemed to be reasonable
of acceleration and opportunity to cure given to Borrower pursuant
lion given to Borrow, pursuant to Section 18 shall be deemed to
corrective action prov*ions of-this Section 20.
u>1Sed inn this Section ! 21: (a) "Hazardous Substances" are those
substances, pollutants, or wastes by Environmental Law and the
other flammable or ' xic petroleum products, toxic pesticides and
oWning asbestos or formaldehyde, and radioactive materials; (b)
and laws of the jurisdiction where the Property is located that relate
protevition; (c) "Environm?atal Cleanup" includes any respqnse action,
in Environmental Law; and (d) an "Environmental Condition"
to, or otherwise hi;6or an Environmental Cleanup.
`i Initial
Pap" is of 18 f Form 3038 1101
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Borrower not cause or permit
Substances, or to releasq any Ha
nq allow-anyode else to do, quything al
4wXL, , hic h credtes an Eivizbnmental
Subamcb, creates a cbddition
fences shall not apply to the presence
that are geneaally-racognr' ed
thg' PFbum (utcludit, but not Ifirled to,
J shwa R promptly give Leende
o by any, governmental or red
H4zadoug Substance or Buvftonmew
vironmental Condition, including but i!
re ease of any Hazardous Substance, an
Hazardous Substance which ddveArsely
an• governmental of regulatory duthon
ty
us Substance ecting the Pro
actions in? accordance with Bnvironmen
NON UNIFORM COVENANTS. I
-22. Acceleration; Remedyr' "*A Len(
1 B rrow.1 biuch of any covenant
a leratton under on is unless A (a) the-deflaull
must let» red; and d) thAt tafiere t
sums secured by bids Security Instrun
Linder shall forthi r iufori E B&Nvkr
the foreclosure proceeding the no
ageeleradoh and fdreclaare. it the de
inimediaie payment In full of all stuns
m'ay foreclose 'this. Security, Instrumet
e>i~penses incurred In pursui the rein
attorneys' fees a9A costs of tie eviden
! 23. Release. Upon payment of an
add the estate convdyed shall terminate e
satisfy this S Instrument. #orrowe
ft' releas#ngemity Instrumbnt, bu
' Bing of the fee is permitted Under Ap
24. Waivers. Borrower, to, the exb
s to fbr?e this St mestead for stay-of executit
acts in =exem
25. Rbinstitekent ption.
Period. Borrow
pnor to the-commedcement of bidding at
( 26. Purchase. Money Mottgage.
Borrower to acquire title to the Property,
27. Interest Rate After hdgmenl
entered oh the Note or in an action of me
die Note.
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?_GA(PA) (0407)
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the presence, use, di§posal, storage, or release of any Hazardous
iardous Substances, do or in the Property. Boaower shall not do,
focting the (a) that is in violation of any Environmental
Condition, orc)) W1M, due to the presence, use, or release of a
that adversely atlectstthe value of the Property. The preceding two
use, or on the Propert7 of small quantities of Hazardous
o be appropriate to niormai residential uses and to maintenance of
r Written-notice of (a) _any investigation, claim, demand, lawsuit or
Aldtory agency or private party mvoIvib the Property and any
f? of which Borrower has actual knowledge, (b) any
of limited to, !py spilling, leaking, discharge, release or due* of
l (9) any condition paused by the presence, use or release of a
cw the value of the P? ropaty. If Borrower learns, or is notified by
ar any private party„ that any removal or other remediation of any
Law necessary, , Bp shall promptly ab?all nderr foran
g h?} shall a mate libation Le
wer and Lender f&ther covenant and agree as follows:
s'hgarIIgive notice tb Borrower prior to acceleration following
r -a ?m
meat (but not prior to
livable La nt in ". erwise
p . plrovitlEs oth ). Lender shall notify Borrower
(b) the action reg0ed to cure the defaalti (c) when the default
cote the default as Isp ni&d may 'result m acceleration of the
fokeclosore by jtldlvial proceeding and sale of the Property.
nhe right to reirtstdte after acceleration acid the rt to assert
-existence of a default or any other defense o ' orrower to
ralt is not cured as §pecilled, Lender, at its option may require
:cured by this Security Instrument without flrrther demand and
by judicial proceeding Lender shall be entitled to collect all
xlibs provided in this Section 22, including, but not limited to,
e to the extent permitted by Applicable Law.
unis secured b this dSecunty Instrument, this Security Instrument
d become void. Aft4 such occurrence, Lender shall discharge and
shall rile. any lion costs. Lender may charge Borrower a fee
only fee= to a third party for services rendered and the
livable Law. '
It #ermitted by Applicable Law, waives and releases any error or
.unty Instrument, ant hereby waives the benefit of any present or
i, ext6nsion of time, exemption from attachment, levy and sale, and
•'s. time to reinstate provided in Section 19 shall extend to one hour
sheriff's sale or oQr sale pursuant to this Security Instrument.
any the debt soured by this Security Instrument is lent to
us Syecurity Tnsteumef tt shall be a purdhasb money mortgage.
Borrower agrees that the interest rate payable after a judgment is
tgage foreclosure shall be the rate payable from time to time under
Papa 14 of 16
metal
Form 3039 1/01
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IiI BY SIGNING BEWW Borrower
Sei urlty Instrument and in any Rider ?cec?
Witnesses:
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"Is and agrees tb the terms and covenants contained in this
ited by Borrower ancMrecorded with it.
(seal)
R I ? A D E . BOTi ORF JR . -Borrower
BREND L. BOTTOF1-Borrower
(Seal) _ (Seal)
brrower -Borrower
I
(SeQ i (Seal)
orrower ! :Borrower
(Sean
orrower
(Seal)
orrower
rorm 3u3y l/ul
Paps 18 of is
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D -2359 j
L THAT CERTAIN lot or parcel of ground situate; in the Borough of New
Cu nberland, County of Cumberlan 1, Pennsylvania, known as Lot No. 49 in the Plan of
Lets of 1dartin's. Addition to the B rough of New Berland, PennsylvanW' said lot
fronting twenty-dive (25) feet on Bridge Street and ex ending East along the line of Lot
N?. 48, the property now or-formeriy of the heirs at Is of Ephriam Ebersold, deceased,
of the North one hundred fifty-three (153) feet to the westerly line of a twenty (20) foot
Nde allay known on said Plan of L)ts. as Second Alley; thence South along the westerly
e of said Second Alley, twenty-fi a (25) feet to the 'northerly line of Lot No. 50; thence
westwardly along the northerly line.of Lot No. 50 along and through the center of the
potion wall separating the;prop ?? herein described and the easterly half of said house,
o 'e hundred fifty4hree (153) feet td the easterly line df Bridge Street, the point and place
o beginning. '
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HkVING THEREON erected the northerly half of a double 2 Yi story frame dwelling
house and known6 and numbered as o. 617 Bridge Street, New Cumberland,
Pennsylvania.
SY JD Lot being No. 49 on the cep Plan of Lots s eyed by M.B. Cowden, May
?T8, and duly filed among the record:; in the Office Qfthe Recorder of Deeds in and for
Imberlwid County in Deed Book "C", Volume 6, Pige 600.
ER AND SUBJECT, neverthe ess, to the restrictive covenants in the record chain of
tit a hereto. i
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Tsk I.D. No. 25-24-0811-038
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COmMOrTWEALTft OF PENt4SYLVINIA, allIBffir County ss:
?a this, the 14TH dad of JA WWY 1005 , before me, the
u I geed officer, Personally appeared !I RICHM E. Bt7 WRF JR., AND BRENDA L. BOTPORF
i
j saLrily proven) to be the person(s
a*owledged that he/she/they executed tlh
E ' I IN WP1WWS WMREOF, I hereunt
M? Commission Expires:
E
• ' CDM&JOONFAATtt OF pte MVANUI
f MAL ?
I?0 k NtATdNtO. NOTARY PUBUC
LAIAW
W W" q WN. 24, 2008
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C?rtihcate of Residence
I, GEORGE J NATISRO
the corredt address df the within-named
Witness my hdnd this 14TH
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known to me (or
whose name(s) is/f a subscribed to the within instrument and
same for the purpo !ses herein contained.
sl
do hereby certify that
is P.O. Box 026, Flint, MI 48501-2026.
-day of JANUARY 2005
Agent of Mortgagee
Pape Is of Is
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Initlab L:?+?
Form 9689 1101
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ADfiJS ,ABLE RATE RIDER
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j THIS ADJUSTABLE RATS RIDERSs made this 14th Ipplement day of January 2005 ,
an is• incorporated Into and shaft be dee{ned to mend and the Mortgage, Deed of Trust, or
' Deed (the "Security Instrument'] of the same date g4en by the undersigned (the "Borrower") to
' I sec6 Borrower's Adjustable Rate Note (e "Note°) to I
FRENONT INVESTMENT $ LOAN
(th "Lender'l of the same date and coveritlg the Property descri6d in the Security Instrument and located at:
617 BRIDGE STEEET NEW CUNB RLAND, PA 1701!0
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(Propasry Address)
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t j THIS NOTE CONTAINS PR VISIONS ALLOWING FOR CHANGES IN MY
I I INTEREST RATE AND MY? MONTHLY PAYMENT. INCREASES IN THE
INTEREST RATE WILL RE ULT IN HIGHER PAYMENTS. DECREASES IN
TI-It INTEREST RATE WILL RESULT IN LOW?R PAYMENTS.
ADDITIONAL" COVENANTS. In iddition to the covenants and agreements made in the Security
In , ent, l iontower and Lender hutber versant and agree as follows:
? I
A?Fne ST RACE AND MONTHLY I PAYMENT CHANGES
Note provides for an initial in t rate of 7.850 The Note provides for
c n theinured rate and the monthly payments, as follows
4. EST RA'Z'E AND MONTHLY PAYMENT CHANGES
1 I (A) Change Dates
i The h[Wresttate'I will pay may chang on the f I rst jday of February 2007 ,
and on that'day every, s I x t h month thereafter. Each date on which my interest rate could change
is c gled a "Change Date." i
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MU I TISTAtE ADJUStABLE RAT# RIDER Single Family
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®®889R (0009) 1101 REM
Pag 1 of 5 Initials: I?
VMti MORTGAGE FORMS - (000)521-7281 '?IflN
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(B) The Index
Beginning with the first Change D
i average of interbank offs
iodits in the London market
IRRAL
The rhost recent Index figure avarlab
cure each Change bate is called-the "Ca
If the Index is no longer $vailable
aparable information. The Notd Holder
(C) Calculadoi; of Changes
c Before each Change Date, the b
Six and Ninety-Nine Ruhdredt
JI 6.9840 Ito a
I addition to the ® Nearest (_ J Nev
I the limits stated in Section 4(D) below, i
Change Date.
The Note Holder will then determuu
repay the unpaid principal I am expected i
! interest rate in substantially equal paymei
monthly payment.
Interest-Only Period
The "Interest only Period" is the'peric
For the interest-only ? uriod, at& calcttM
th determine the ardount of the monthly
on he unpaid principal of my loan. The :
paytrrent.
The "Amortization Period" is the peri
calg my new interest rate as provid
1 monthly payment that would be gufficiew
Change Date in full on the Maturity Date
1 of calculation will be the new amount c
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' i 40,8498 (0009)
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te, my interest rate will be based on an Index. The "Index" is:
red rates for ix-month U.S. dollar-denominated
t"LIBOR"), as published in the WALL STREET
as of the date: 45 days 0.
;rant Index."
the Note Holder wiA choose a new Index that is based upon
Will give me notice of1this choice.
i
ote Holder will c4culate my new interest rate by adding
is I percentage points
a Currant Index: The }?1ote Bolder will then round the result of this
t Highest ? Next Lowest One-Eighth
(10.125 %). Subject to
his rounded amount twill be my new interest rate until the next
th¢ amount of the monthly payment that would be sufficient to
J oWe at the Change bate in full on the maturity date at my new
ts. The result of this! calculation will be the new amount of my
i
fi:om the date of Note through N /A
?g my new interest rite as provided above, the Note Holder will
Sayinent that would 4 sufficient to pay the interest which accrues
?ult of this calculi . will be the new amount of my monthly
id after the interest o y period For the amortization period, after
Md above, the Note H ? !dear will then determine the amount of the
Into repay the unpaid Wincipal that I am expected to owe at the
t my new interest rate in substantially equal payments. The result
my monthly payment.
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(D) Limits on Interest Rate
(Please check`. approptlso
LJ; (1) Therewvill be no ttihxhnum
®3 (2) Tits interest rate I am ie
10.850 96 ?
(3) My-interest rata will never 1
One anti One-Half
points ( 1.5001
preceding period.
® (4) My interest rate will never 1
"Maximum Rate."
®I (5) My interest rate will never I
"lvlinimuth Rate.'r
®: (6) My interest rate will never I
aV) The interest rate I am re
10.850.
interest rate will iievdr be in
One and One-Half
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( 1.5040
period.
! (E) Effective bate of Changes
My hew interest rate will become t
monthly payment beginning on the first n
monthly payment changes again.
(I) Notice of Changes
The (vote Holder will deliver or mail
m monthly payment before the dffective
lave to be given to rite and also the title a
mqy have regarding the notice.
(0®6990 (0009)
0
knit on interest rate c*ges.
tired to pay at the !first Change Date will not be greater than
rkathan 7.8506 subse t%
increased or decreased on any1 Change Date by more that
percentage
%) fton4 the rate of interest I have been paying for the
i
greater than 14.81;00 %, which is called the
less than ?f 7.8$00 which is called the
lies than the initial interest rate.
;tired to pay at the (first Change Date will not be greater than
% or kss than 7.8$00 su t %. Thereafter, my
:eased or deceased Ion any IyMange Date by more than
I percentage points
%) from the rate of interest I have been paying for the preceding
ctive on each Change Date. I will pay the amount of my new
ithly payment date after the Change Date until the amount of my
me a notice of any changes in my interest rate and the amount of
d of any change. The notice will include information required by
telephone number; of a person who will answer any question I
Page 3 of 5
Initia e??
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! ! B. TRANSFER OF TAE PRbf ar.
U?ifa m Covenant 18 of the Sectidty Insu
{ Transfer of the Prop&q or a
"Interest in the Property" means any
I limited to, those beneficial Inkrests
sales' contract dr esaoW agreement,
i i future date to wpurchaser.
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H all or any part of the Propert
Borrower is not a natural pdrson a
without bender's prior wriden copse
secured by this-Security Instalment.
exercise is prohibited by Applicab
Borrower causes to be subdifited I
intended transferee as if •a new loan
oeWnines fhat'Lender's seciuity wil
breach of any covenant dr agreement
To the extent permitted by A
condition td Lender's cdasent to the
sign An assumption agreement, that is
all the promised and Agreements mar
continue to be obligated under the
Borrdwer in writing.
If Lender exercises the optic
Borrower notice of acceleration. Tt
the date the notice is given in aca
sums' secured by this Security Inc
expiration of this period, Lender m
without further notice or demand on
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i t k899R.(0009)
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'OR A BENEFICIAL MMREST IN BORROWER
unent is amended to read as follows:
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Bepeficial Interest to Borrower. As used in this Section 18,
legal or beneficial in6ut in the Property, including, but not
imiisfdrred in a bondifor deed, contract for deed, installment
the intent of which i<S the transfer of title by Borrower at a
of any Interest in the Property is sold or transferred (or if a
id •a beneficial interest in Borrower is sold or transferred)
t, Lender may requit-, immediate payment in full of all sums
iowever, this option hall not be exercised by bender if such
Law. Lender also shall not exercise this option if. (a)
i Lender informatioh required by Lender to evaluate the
rex'b being made to the transferee; and (b) Lender reasonably
not be impaired by tl? loan assumption and that the risk of a
n this Security Instrument is acceptable to Lender.
4)licable Law, Lender may charge a reasonable fee as a
Win assumpdon. Le idet also may requite the transferee to
=Viable to Lender 6d that obligates the transferee to keep
iii the Note and in this Security Instrument. Borrpwer will
Note and this Security Instrument unless Lender releases
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to. require immediate payment in full, Lender shall give
notice shalt provide h period of not less than 30 days from
lance with Section 15 within which Borrower must pay all
anent. If Borrower fails to pay time sums prior to the
invoke any remedi4 permitted by this Security Instrument
Page b of 5
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BY WNINGSIRLOW. Borrower
liable Rate Rider.
)
E. BrTTO JR.
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(Seal)
and agrees the terms and covenants contained in this
(Seal)
BRENDA L. DOT ORF -Borrower
-Borrower
I (Seal)
-Borrower
! (Seal)
-Borrower
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THIS 1-4 FAAPL.Y RI )Hk4 made
is ineoiporated'into and shall be de
city Deed (the 'Security Instrument'
rd Bo6wer's Dote to
AQNT. INVESTMENT & LOAN
ntier")• of the same date and c6ve
7'BRID6E ST
W CUROERLANh, PA 11070
14 JFAMMY. COVENAN'T`S. In
trument Borrower and Lender further
' A. ADDITIONAL PROPMTY S
th? Propetty desxnbed in the Security I
Prpeity to the extent they are fixtures f
Pibperty eovered by the Security Idstn
whatsoever now or hereafter tiocqted m, c
indluding,'but not United to, thobe for thi
BA, water; air acid l1ght, fire prevcndon i
gltimbing; bath tubs, water heaters, water
washers, dryers, awnings, stdon window
at hbd mirrors, cabinets, paneling and
ad 'lions thereto; s14 be deeiued tb bb at
of the foregoing ?ogether with the Pro,
thgSecurity -Instmm?snt is on a leasehold)
as a "Prdperty."
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TISTATE 1- 4 FAMILY RIDER
(0008)
VMP
V
Y RIDER
of Rents)
his lath bay of January 2005 ,
med to amend and ,supplement the Mortgage, Deed of Trust, or
of the same date given by the undersigned (the "Borrower") to
I
(the
the Property descn'b? in the Security Instrument and located at:
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[Property Addm tl
idditidn to the covenants and agreements made in the Security
3vdnant and agree as ?oIlows:
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BjECT TO TAE SECURITY INSTRUMEN'T'. In addition to
istrument, the follovt`ing items now or hereafter attached to the
e Added to the Prop(rrty description, and shall also constitute the
neat: building matexlals, appliances and goods of every nature
i, or used, or intended to be used in connection with the Property,
purposes of supplying or distributing heating, cooling, electricity,
td'extinguishing apphratus, security and access control apparatus,
gosets, sinks, ranged stoves, refrigerators, dishwashers, disposals,
, storin doors, screeds, blinds, shades, curtains and curtain rods,
Whed floor coverih s, all of which, including replacements and
I remain a part bf the Property covered by the Security Instrument
arty described in the ESecurity Instrument (or the leasehold estate if
re ieferred t0 in this
4 Family Rider and the Security Instrument
It.
MdelFreddle Mao UJIFORM INSTRUMENT
Initial
Page 1 of 4 I ortrt 31701/01
iTGAGE FORMS - (800)521-7291
?NA111last
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H. ASSIGNM$NT OF RLNTS; ?
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B. USE OF PAOPERTY; CODVM CE WITH LA . Borrower shall not seek, agree to or make a
chinge in the use of the Properly or its zoning can,; unless bender has agreed in writing to the
chpnge. Borrower shall comply with all 12 ws, ordinances, regul?tions and requirements of any governmental
bbtiy applicable to the Property.
C. S`UBORDI ATE LAS. Ex as pmmW by fe?erai law, Borrower shall not allow any lien
Jenor td the Security Instt merit to perfected against re Property without Lender's prior written
doh.
D. RENT LOSS INSURANCE. Bol4rotver shall maintain insurance against rent loss in addition to the
a er hazards for which insumcb is required by Section S.
E. "BORROWws RIGFIT TO STATE" DELETED. Section 19 is deleted.
F. BORROWER'S OCCUPANCY Unless Lender and Borrower otherwise agree in writing, Section-6
concerning Borrower's occupancy of the is deleted.
O. ASSIGNMENT OF LEASES. pDon Lender's request I after default, Borrower shall assign to Lender
all leases of'the Property and all Security eposits made in connection with leases of the Property. Upon the
as?gnment, Lender shall have tho right to modify, extend or termhaft the existing leases and to execute new
leases, in Lender's sole discretion,. As use( in this paragraph G,3he word "lease" shall mean "sublease" if the
Se6ty Instrument is on a leasehbld. ,
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Borrower absolutely and unconditionally
of the Property, regardless: of to *40M d
Lehiler's agents to collect the Retita, and
or 's agents. However, •Borrower i
salt puisuant to Secdon 22 of thb Secr
?Renfs :are to be, paid to I.ertd& or
gument and not an assigntifti for a&
I If Lender give§ notice of default 1
Borrower as trustee' for the benefit of
i In,% trument; (ii) Lender shall bd entlfle
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' (?57R (0008)
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'POINTMENT OF RECEIVER; LENDER IN POSSESSION.
signs and transfers tb Lender all the rent's and revenues ("Rents")
Rents of the Property are payable. Borrower authorizes Lender or
fees that each tenant;of the Property shall pay the Rents to Lender
all receive the Rents until: (i) Lender has given Borrower notice of
ty Instrument, and (ii Lender has given notice to the tenant(s) that
eadees agent. This assignment of Rents constitutes an absolute
Tonal security only, t
Borrower: (1) all Rents received by Borrower shall be held by
ender only, td be aiplied to the sums secured by the Security
to collect and receive all of the Rents of the Property; (iii)
t
Page 2 of 4
m a s.
orm 31701/01
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h Leader has an interest ski be a
;medies permitted by the Security I
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Bo,?oaver agrees that each tefiant of the l
agents upon Lender"s written -dethand to
cd lected 1 y Lender or LendWs egents sl
th' Property, and collecting the Rents, ind
oti receiver's bonds, repair and mainteim
on the Property, and=then to the skims sect
ju Y Appointed feceiver shall-be IMI
shAll Pe entided to have a receiver appoit
R is and'piofits derived froiti the Propt
security.
If the Rents of the Property -ate not
find of collecting the Rents vi
in btedness of Borrower to Leudef secim
haft not performed, abd will not perform,
tht paragraph.
Lender, or Lender's agents or a judi
co troI of br maintain the Property WON
Lender's dgents or a judicially appointe
ap fcation of Rents shall not curg or wai
Tlits assignment of Rents of the Prope
Ins?rttment are paid in full.
roperty shall pay all Rents due and unpaid to Lender or Lender's
he tenant; (iv) unless' applicable law provides otherwise, all Rents
all be applied first toi the costs of taking control of and managing
dhig,•but not Iitnited,to, attorney's fees, receiver's fees, premiums
c costs, insurance pt?tniums, taxes, assessments and other charges
red by the Secudty I truttient; (v) Lendet, Lender's agents or any
to account for only , ose Rents actually received; and (vi) Lender
fed to take of and manage the Property and collect the
ly -without aning as to the inadequacy of the Property as
'WBcknt to cover theilcosts of taking control of and managing the
funds expended b? Lender for such purposes shall become
d by the Security Ins t pursuant to Section 9.
t Bbuower has not eAzuted any prior assignment of the Rents and
ny act that would p vent Lender from exercising its rights under
y appointed receiycr, shall not be required to enter upon, take
r' 4fter giving notice of default to Borrower. However, bender, or
receiver, may do sb at any time when a default occurs. Any
e any default or invalidate any other right or remedy of Lender.
?? shdU terminate Aen all the sums secured by the Security
. Borrower's defaultl or breach under any note or agreement in
ach under the Security Instrument and Lender may invoke any of
ument. I
Page s of 4
Initials'
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rower
Form 91701/01
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
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FM 1
Plaintiff
v.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 10-2753 Civil Term
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
o
-r~ i'1'Z
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Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter
for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows:
Principal
Interest from 04/22/10 to 06/08/10
Total
$ 150,332.54
$ 1,549.92
$ 151,882.46
Y"
T RRENCE J. McCAB ,ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
AND NOW, this day of , 2010, Judgment is entered in favor of Plaintiff, HSBC
Bank USA, National Association as Trustee for the Certificateholders, Nomura Home Equity Loan, Inc.,
Asset-Backed Pass-Through Certificates, Series 2005-FM1, and against Defendants, Richard E. Bottorf a/k/a
Richard E. Bottorf, Jr. and Brenda L. Bottorf, and damages are assessed in the amount of $151,882.46, plus interest
and costs.
BY RO HONOTARY:
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
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FM 1
Plaintiff
v.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 10-2753 Civil Term
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SS.
The undersigned, being duly sworn according to law, deposes and says that the Defendants, Richard E.
Bottorf a/k/a Richard E. Bottorf, Jr. and Brenda L. Bottorf, are not in the Military or Naval Service of the United
States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of
1940 as amended; and that the Defendants, Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and Brenda L. Bottorf,
are over eighteen (18) years of age, and reside as follows:
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr
810 Sherwood Road
New Cumberland, Pennsylvania 17070
SWORN AND SUBSCRIBED
BEFORE ME THIS _8TH _ DAY
OF JUNE , 2010
1
~~, ~ . ~
NOT PUBLIC
~,OMMONWEALTH OF PENNSYLVANIA
Brenda L. Bottorf
810 Sherwood Road
New Cumberland, Pennsylvania 17070
TERRENCE J. McCAB ,ESQUIRE
MARL S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
NOTARIAL SEAL
STACEY M. O'CONNELL, Notary Public
City of Philadelphia, Phila. County
~.s_.~~I~ Gcimmiasion Expires.,luly 10, 2612
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
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FM 1
Plaintiff
v.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 10-2753 Civil Term
CERTIFICATION
The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law,
deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be
entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the
Pennsylvania Rules of Civil Procedure. Copies of said letters are attached hereto and marked as Exhibit "A".
SWORN AND SUBSCRIBED
BEFORE ME THIS _8TH _ DAY
OF JUNE , 2010
k ~
y ~ ~ ~~
TERRENCE J. McCABE, ESQUIRE
MARL S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
NOTAR~UBLIC
OMMONWEA~TFI OF PENNSYLVANIA
G~~
NOTARIAL SEAL
STACEY M. O'CONNELL, Notary Public
City of Philadelphia, Phila. Coun
,...-...
__ _ ~_
VERIFICATION
The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is
authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge,
information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S.
Section 4909 relating to unsworn falsification to authorities.
i ~ l
v
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
.OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, Pennsylvania 17013
Curt Long
Prothonotary
To: Brenda L, Bottorf
810 Sherwood Road
New Cumberland, Pennsylvania 17070
HSBC Bank USA, National Association as
Trustee far the Certificateholders, Nomura
Home Equity Loan, Inc., Asset-Backed
Pass-Through Certificates, Series 2005-FM1
vs.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr.
Brenda L. Bottorf
May 2S, 2010
Cumberland County
Court of Common Pleas
Number 10-2753 Civil Term
~ ~t~2-
~~
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAJI.ED TO ENTER A
WRrITEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COCiRT YOUR pEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT R10HTS.
YOU SHOULD TAKE TH[S PAPER TO YOUR LAWYER AT ONCE, IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SF.T FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HTRING A LAWYER,
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFF[CE MAY BE ABLE
TO PROVB)E YOU WITH INFORMATION ABOUTAGENCIES 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
NOTIFICACION IMPOR'
LISTED SE INCUENTRA EN ESTADO DE RESEED'.
PRESENTADO UNA COMPARECENCIA ESC
PERSONALMENTE O POR ABOGADO Y POR NO HABI
ESCRTtO CON ESTE TRIBUNAL SUS DEFENSAS U C
RECLAMOS FORMULADOS EN CONTRA SUMO. !1
ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE L
NOTTF]CACION, EL TRIBUNAL PODRA, SIN
COMPARECER LISTED EN CORTE U OIR PREUBA
SENTENCIA EN SU CONTRA Y LISTED PODRIA PERDE
DERECHOSIMPORTANTES.
LISTED LE DEBE TOMAR ESTE PAPEL
INMEDIATAMENTE. SI LISTED NO TIENE A UN Al
TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA 0
PROPORCIONAR CON INFORMACION ACERCA DE
ABOGADO.
SI LISTED NO PUEDE PROPORCTONAR PARR EMPLE
ESTA OFIC[NA PUEDE SEA CAPAZ DE PROPOI
INFORMACION ACERCA DE LAS AGENCIAS QUE PUEI
SERVTCIO5 LEGALES A PERSONAS ELEGIBLES EN
REDUCIDO NI MNOUN IIONORARIO.
POR NO HABER
[TA, YA SEA
RADICADO POR
JECIONES A LOS
NO TOMAR LA
FECHA DE ESTA
~ECESIDAD DE
LGUNA, DICTAR
BIENES U OTAOS
SU ABOGADO
iADO, VA A O
INA LO PUEDE
viPLEAR A UN
UN ABOGADO,
~NARLO CON
IOFRECERLOS
1 HONORARIO
Cumberland County Bar Association
2 Liberty Avenue
Carne nnsy is 1/ /
(800 0-9108
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQ
MARC S. WEISBERG, ESQU
EDWARD D. CONWAY, ES II2E
MARGARET GAIRO, ESQ
ANDREW L. MARICOWITZ, ESQi11RE
ec1
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, Pennsylvania 17013
Curt Long
Prothonotary
May 25, 2010
To: Richard E. Bottorf a/k/a Richard E. Bottorf, Jr.
810 Sherwood Road
New Cumberland, Pennsylvania 17070
HSBC Bank USA, National Association as
Trustee for the Certificateholders, Nomura Home
Equity Laan, Inc., Asset-Backed Pass-Through
Certificates, Series 2005-FM1
vs.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr.
Brenda L. Bottorf
Cumberland County
Court of Common Pleas
Number 10-2753 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WR1TB10 WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU AC7 WITHIN TEN (IO)
DAYS FROM THE DATE OF THiS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
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 H1RE A LAW YER, TH]S OFFICE MAY BE ABLE
TO PRO VIDE 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
~~~`~
~~
NOTIFICACION IMPOIiTANTE
LISTED SE ENCUENTRA EN ESTADO DE REBE DIA POR NO HABER
PRESENTADO UNA COMPARECENCIA E CRITA, YA SEA
PERSONALMENTE O POR ABOGADO Y POR NO H ER RADICADO POR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS OBJECIONES A LOS
RECLAMOS FORMULADOS EN CONTRA SUYO, AL NO TOMAR LA
ACC10N DEBIDA DENTRO DE DIEZ (10) DIAS D LA FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, SI NECESIDAD DE
COMPARECER LISTED EN CORTE U OIR PRE ALGUNA, DICTAR
SENTENCIAEN SU CONTRA Y LISTED PODRIA PER ER BIENES U OTROS
DERECHOS[MPORTANTES.
LISTED LE DEBE TOMAR ESTE PAP A 5U A80GAD0
1NMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A O
TELEFONEA LA OFICINA EXPUSO ABAJO. EST OF]CINA LO PUEDE
PROPORCIONAR CON [NFORMACION ACFRCA E EMPLEAR A UN
ABOGADO.
Sl LISTED NO PUEDE PROPORCIONAA PARR EM EAR UN ABOGADO,
ESTA OFICINA PUEDE SER CAPAZ DE PRO ORCIONARLO CON
INFORMACIdN ACFRCA DE LAS AGENCIAS QUE P EDEN OFRECER LOS
SERVICIOS LEGALES A PERSONAS EI.EGIALES NUN HONORARIO
REDUCIDU NI NINCUN HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pe vam .17013
(800) 990 108
BY: l
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIRE
eci
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Prothonotary
To: Richard E. Bottorf a/k/a Richard E. Bottorf, Jr.
810 Sherwood Road
New Cumberland, Pennsylvania 17070
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FM 1
Plaintiff
v.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 10-2753 Civil Term
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been ente din the above proceeding
as indicated below.
rothonot
X Judgment by Default
_ Money Judgment
Judgment in Replevin
_ Judgment for Possession
If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway,
P.C. at (215) 790-1010.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Prothonotary
To: Brenda L. Bottorf
810 Sherwood Road
New Cumberland, Pennsylvania 17070
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FM 1
Plaintiff
v.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 10-2753 Civil Term
NOTICE
Pursuant to Rule 236, you are hereby notified that GMENT has been a tered in the above proceeding
as indicated below.
Prothono
X Judgment by Default
_ Money Judgment
_ Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway,
P.C. at (215) 790-1010.
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
(2]5) 790-1010
HSBC Bank USA, National Association As Trustee
For The Certilicateholders, Nomura Home Equity
Loan, Inc., Asset-Backed Pass-Through Certificates,
Series 20Q5-FM 1
Plaintiff
v.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 10-2753 Civil Term
AMENDED AFFIDAVIT OF SERVICE
I, the undcasigned attorney for the Plaintiff in the within matter, hereby certify that on the 19`~ day of
October, 20 10, a true. and co~7ect copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent
lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A."
Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as
Exhibit "B."
SWORN AND SUBSCRIBED
BEFORE ME THIS 1q~ DAY
OF Q C~-Q'~p f , ~O 10
~~u~~~1
NO"fAl PUBLIC
C_^MMQ_NWEALTH LF PENNSYLYAt~tA
' ~;egan C, Pao'ucci -Notary Public
City of Philadelphia, Philadelphia County
MY COMMISSIE?P~ ;;','~f'".5 JAN, O6, 2014
TE~£RE~CE J. McCABE, ~SQUIRIE
MARL S. WEISBERG, ESQUIR
EDWARD D. CON\VAY, ESQ RE
MARGARET GAIRO, ESQU F.
Attorneys for Plaintiff
h1~ f1l0~ O~C~~3~y~~~
~~ ~~ ~~d ZZ ~~~ QIOZ
.~. ~~l a~Of;.~ C ~c3 .:a~~.l .~~
~~la~'0-~'3~i~
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
11'IARGAI2ET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
HSBC Bank USA, National Association As Trustee
For The Certificateholders, Nomura Home Equity
Loan, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-FM 1
Plaintiff
v
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY COURT OF COMMON
PLEAS
NO: 10-2753 Civil Term
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at: 617 Bridge Street, New Cumberland,
Pennsylvania 17070, a copy of the description of said property being attached hereto and marked Exhibit "A."
Name and address of Owners or Reputed Owners
Name
Richard E. Bottorf a/k/a Richard E.
Bottorf, Jr.
Address
810 Sherwood Rd
New Cumberland, Pennsylvania 17070
13rcnda L Bottorf
810 Sherwood Rd
New Cumberland, Pennsylvania 17070
2. Name and address of Defendants in the judgment:
Name Address
Richard E. Bottorf a/k/a Richard E. 810 Sherwood Rd
Bottorf, Jr. New Cumberland, Pennsylvania 17070
Brenda L. Bottorf 8 ] 0 Sherwood Rd
New Cumberland, Pennsylvania 17070
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property
to be sold:
Name Address
4.
5.
Pamela S. Dent PO Box 740208
Orange City, Florida 32774
Name and address of the last recorded holder of every mortgage of record:
Name
Address
None
Name and address of every other person who has any record lien on the property:
Name
Address
Bureau oi'Compliance Dept. 280946
Harrisburg, Pennsylvania 17128-0946
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
John P. Neblett, Esquire 4660 Trindle Rd. Suite 200
Camp Hill, Pennsylvania 1701 l
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:
N~une
tenants/Occupants
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
13urcau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
Address
617 Bridge Street
New Cumberland, Pennsylvania 17070
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
110 North 8"' Street
Suite #204
Philadelphia, PA 19107
6th Floor, Strawberry Square
Department #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
Commonwealth of Pennsylvania
Ucpartment of Revenue Bureau of
Compliance
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
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriff's Sales
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
William .I. 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, Room 5111
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
U.S. Dept of Justice, Room 4400
9S0 Pennsylvania Avenue NW
Washington, DC 20530-0001
8. Name and address of Attorney of record:
Name Address
None
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein arm-Made ;fit to the p~Cties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
October l9, 2010 TERRENCE J. McCABE,
DATE MARC S. WEISBERG, E;
EDWARD D. CONWAY,
MARGARET GAIRO, ES
Attorneys for Plaintiff
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, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215 790-1010
HSBC Bank USA, National Association As Trustee
For The Certificateholders, Nomura Home Equity
Loan, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-FM1
Plaintiff
v.
Richard E. Bottorf a!k/a Richard E. Bottorf, Jr. and
Brenda L, Bottorf
Defendants
DATE: October 19, 2010
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 10-2753 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and Brenda L. Bottorf
PROPERTY: 617 Bridge Street, New Cumberland, Pennsylvania 17070
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 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 prop0~ty which will be extinguished by the sale. You may wish to attend the sale to
protect your interests.
A schedule of distribution will be filed. by the Sheriff on a date specified by the Sheriff not later than thirty (30j 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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H
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
FILED-OFFICE
CT- THE PIRM NOTARY
2'11 APIR I I AM 10: 39
Richard W Stewart
Solicitor
0MBERLA D COU14TY
PENNSYLVA1411A
HSBC Bank USA, N.A. Case Number
vs.
Richard E. Bottorf, Jr. (et al.) 2010-2753
SHERIFF'S RETURN OF SERVICE
10/12/2010 07:25 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
10-12-10 at 1925 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Richard E. & Brenda L. Bottorf, located at,
617 Bridge Street, New Cumberland, Cumberland County, Pennsylvania according to law.
10/12/2010 07:17 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
10-12-10 at 1917 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendant, to wit: richard E. Bottorf, Jr., by making knowr
unto, Brenda Bottorf, wife of defendant, at 810 Sherwood Road, New Cumberland, Cumberland County,
Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of
the same.
10/12/2010 07:17 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
10-12-10 at 1917 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendant, to wit: Brenda Bottorf, by making known unto,
Brenda Bottorf, personally, at 810 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania
its contents and at the same time handing to her personally the said true and correct copy of the same.
12/03/2010 As directed by Margaret Gairo, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011
01/31/2011 As directed by Margaret Gairo, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011
04/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney McCabe on 4/5/11.
SHERIFF COST: $848.74
April 08, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
1 -- .2S-717S'
(c; CoumySuito St1enff. f eieosoft. Inc.
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
215 790-1010
Attorneys for Plaintiff
HSBC Bank USA, National Association As Trustee CUMBERLAND COUNTY COURT OF COMMON
For The Certificateholders, Nomura Home Equity PLEAS
Loan, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-FM 1
Plaintiff
NO: 10-2753 Civil Term
V.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
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: 617 Bridge Street, New Cumberland,
Pennsylvania 17070, a copy of the description of said property being attached hereto and marked Exhibit "A."
1. Name and address of Owners or Reputed Owners
Name Address
Richard E. Bottorf a/k/a Richard E. 810 Sherwood Rd
Bottorf, Jr. New Cumberland, Pennsylvania 17070
Brenda L. Bottorf 810 Sherwood Rd
New Cumberland, Pennsylvania 17070
2. Name and address of Defendants in the judgment:
Name Address
Richard E. Bottorf a/k/a Richard E. 810 Sherwood Rd
Bottorf, Jr. New Cumberland, Pennsylvania 17070
Brenda L. Bottorf 810 Sherwood Rd
New Cumberland, Pennsylvania 17070
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property
to be sold:
Name Address
i
Pamela S. Dent PO Box 740208
Orange City, Florida 32774
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
Bureau of Compliance Dept. 280946
Harrisburg, Pennsylvania 17128-0946
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
John P. Neblett, Esquire 4660 Trindle Rd. Suite 200
Camp Hill, Pennsylvania 17011
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the
property which may be affected by the sale:
Name Address
Tenants/Occupants 617 Bridge Street
New Cumberland, Pennsylvania 17070
Commonwealth of Pennsylvania
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
Commonwealth of Pennsylvania
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
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
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
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
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriffs Sales
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
William J. Nealon Federal Bldg.
235 North Washington Avenue, Ste. 311
Scranton, PA 18501-0309
and
Harrisburg Federal Building & Courthouse
228 Walnut Street, Ste. 220
Harrisburg, PA 17108-1754
U.S. Dept. of Justice, Rm. 5111
Main Justice Bldg., 10th & Constitution Ave. N.W.
Washington, DC 20530
10th & Constitution Ave. N.W., Rm. 4400
Washington, DC 20530
Address
None
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or
information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
June 9, 2010
DATE
ERREN J. McCABE, ESQUIRE
MARC . WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
LEGAL DESCRIPTION
ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE BOROUGH OF NEW
CUMBERLAND, COUNTY OF CUMBERLAND, PENNSYLVANIA, KNOWN AS LOT NO. 49 IN THE PLAN
OF LOTS OF "MARTIN'S ADDITION TO THE BOROUGH OF NEW CUMBERLAND, PENNSYLVANIA",
SAID LOT FRONTING TWENTY-FIVE (25) FEET ON BRIDGE STREET AND EXTENDING EAST ALONG
THE LINE OF LOT NO. 48, THE PROPERTY NOW OR FORMERLY OF THE HEIRS AT LAW OF EPHRIAM
EBERSOLD, DECEASED, ON THE NORTH ONE HUNDRED FIFTY-THREE (153) FEET TO THE
WESTERLY LINE OF A TWENTY (20) FOOT WIDE ALLEY KNOWN ON SAID PLAN OF LOTS AS SECOND
ALLEY; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID SECOND ALLEY, TWENTY-FIVE (25)
FEET TO THE NORTHERLY LINE OF LOT NO.50; THENCE WESTWARDLY ALONG THE NORTHERLY
LINE OF LOT NO. 50 ALONG AND THROUGH THE CENTER OF THE PARTITION WALL SEPARATING
THE PROPERTY HEREIN DESCRIBED AND THE EASTERLY HALF OF SAID HOUSE, ONE HUNDRED
FIFTY-THREE (153) FEET TO THE EASTERLY LINE OF BRIDGE STREET, THE POINT AND PLACE OF
BEGINNING.
HAVING THEREON ERECTED THE NORTHERLY HALF OF A DOUBLE 2 1/2 STORY FRAME DWELLING
HOUSE AND KNOWN AND NUMBERED AS NO.617 BRIDGE STREET, NEW CUMBERLAND,
PENNSYLVANIA.
SAID LOT BEING NO. 49 ON THE CERTAIN PLAN OF LOTS SURVEYED BY M.B. COWDEN, MAY 1888,
AND DULY FILED AMONG THE RECORDS IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR
CUMBERLAND COUNTY IN DEED BOOK "C", VOLUME 6, PAGE 600.
BEING PARCEL NO. 25-24-0811-038
BEING KNOWN AS 617 Bridge Street, New Cumberland, Pennsylvania 17070.
BEING the same premises which BRENDA L. BOTTORF AND RICHARD E. BOTTORF JR. by deed dated
January 14, 2005 and recorded January 18, 2005 in the office of the Recorder in and for Cumberland County in Deed
Book 0267, Page 0873, granted and conveyed to Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and Brenda L.
Bottorf in fee.
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
CIVIL ACTION LAW
HSBC Bank USA, National Association As Trustee
For The Certificateholders, Nomura Home Equity
Loan, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-FM I
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Number 10-2753 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. Brenda L. Bottorf
810 Sherwood Rd 810 Sherwood Rd
New Cumberland, Pennsylvania 17070 New Cumberland, Pennsylvania 17070
Your house (real estate) at 617 Bridge Street, New Cumberland, Pennsylvania 17070 is scheduled to be
sold at Sheriffs Sale on December 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 $151,882.46 obtained by HSBC Bank USA, National Association As Trustee For The
Certificateholders, Nomura Home Equity Loan, Inc., Asset-Backed Pass-Through Certificates, Series 2005-FMI
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 HSBC Bank USA, National Association As Trustee For
The Certificateholders, Nomura Home Equity Loan, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-FM I 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
Carlisle, Pennsylvania 17013
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE BOROUGH OF NEW
CUMBERLAND, COUNTY OF CUMBERLAND, PENNSYLVANIA, KNOWN AS LOT NO, 49 IN THE PLAN
OF LOTS OF "MARTIN'S ADDITION TO THE BOROUGH OF NEW CUMBERLAND, PENNSYLVANIA",
SAID LOT FRONTING TWENTY-FIVE (25) FEET ON BRIDGE STREET AND EXTENDING EAST ALONG
THE LINE OF LOT NO. 48, THE PROPERTY NOW OR FORMERLY OF THE HEIRS AT LAW OF EPHRIAM
EBERSOLD, DECEASED, ON THE NORTH ONE HUNDRED FIFTY-THREE (153) FEET TO THE
WESTERLY LINE OF A TWENTY (20) FOOT WIDE ALLEY KNOWN ON SAID PLAN OF LOTS AS SECOND
ALLEY; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID SECOND ALLEY, TWENTY-FIVE (25)
FEET TO THE NORTHERLY LINE OF LOT NO.50; THENCE WESTWARDLY ALONG THE NORTHERLY
LINE OF LOT NO. 50 ALONG AND THROUGH THE CENTER OF THE PARTITION WALL SEPARATING
THE PROPERTY HEREIN DESCRIBED AND THE EASTERLY HALF OF SAID HOUSE, ONE HUNDRED
FIFTY-THREE (153) FEET TO THE EASTERLY LINE OF BRIDGE STREET, THE POINT AND PLACE OF
BEGINNING.
HAVING THEREON ERECTED THE NORTHERLY HALF OF A DOUBLE 2 1/2 STORY FRAME DWELLING
HOUSE AND KNOWN AND NUMBERED AS NO.617 BRIDGE STREET, NEW CUMBERLAND,
PENNSYLVANIA.
SAID LOT BEING NO. 49 ON THE CERTAIN PLAN OF LOTS SURVEYED BY M.B. COWDEN, MAY 1888,
AND DULY FILED AMONG THE RECORDS IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR
CUMBERLAND COUNTY IN DEED BOOK "C", VOLUME 6, PAGE 600.
BEING PARCEL NO. 25-24-0811-038
BEING KNOWN AS 617 Bridge Street, New Cumberland, Pennsylvania 17070.
BEING the same premises which BRENDA L. BOTTORF AND RICHARD E. BOTTORF JR. by deed dated
January 14, 2005 and recorded January 18, 2005 in the office of the Recorder in and for Cumberland County in Deed
Book 0267, Page 0873, granted and conveyed to Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and Brenda L.
Bottorf in fee.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-2753 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION, as
Trustee for THE CERTIFICATEHOLDERS, NOMURA HOME EQUITY LOAN, INC, ASSET-
BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-FM1, Plaintiff (s)
From RICHARD E. BOTTORF a/k/a RICHARD E. BOTTORF, JR and BRENDA L. BOTTORF
(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 $151,882.46
L.L.$.50
Interest from 6/9/10 - 12/8/10 at $24.97 -- $4,544.54
Atty's Comm % Due Prothy $2.00
Atty Paid $249.10 Other Costs
Plaintiff Paid
Date: 6/11 A 0
David D. Buell, Prothonotary
(Seal) By:
REQUESTING PARTY:
Name: MARGARET GAIRO, ESQUIRE
Address: MCCABE, WEISBERG AND CONWAY
Deputy
123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 34419
On September 22, 20 10 the Sheriff levied upon the
defendant's interest in the real property situated in
New Cumberland Borough, Cumberland County, PA,
Known and numbered as, 617 Bridge Street, New Cumberland,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: September 22, 2010
B:
fit.
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:
October 22, October 29, and November 5, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
sa Marie Co Editor
SWORN TO AND SUBSCRIBED before me this
5 dg ay November 201 ,
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
CUMBERLAND LAW JOURNAL
Writ No. 2010-2753 Civil BEING PARCEL NO.25-24-0811-
038
HSBC Bank USA, N.A., as BEING KNOWN AS 617 Bridge
Trustee for the Certificateholders, Street, New Cumberland, Pennsyl-
Nomura Home Equity Loan, Inc., vania 17070.
Asset-Backed, Pass-Through
Certificates, Series 2005-FM 1
vs.
Richard E. Bottorf, Jr.
Brenda L. Bottorf
Atty.: Margaret Gairo
ALL THAT CERTAIN lot or parcel
of ground situate in the Borough
of New Cumberland, County of
Cumberland, Pennsylvania, known
as Lot No. 49 in the Plan of Lots of
"Martin's Addition to the Borough
of New Cumberland, Pennsylvania",
said lot fronting twenty-five (25) feet
on Bridge Street and extending east
along the line of Lot No. 48, the prop-
erty now or formerly of the heirs at
law of Ephriam Ebersold, deceased,
on the north one hundred fifty-three
(153) feet to the westerly line of a
twenty (20) foot wide alley known
on said plan of lots as second alley;
thence south along the westerly line
of said second alley, twenty-five (25)
feet to the northerly line of Lot No.
50; thence westwardly along the
northerly line of Lot No. 50 along and
through the center of the partition
wall separating the property herein
described and the easterly half of
said house, one hundred fifty-three
(153) feet to the easterly line of
Bridge Street, the point and place of
BEGINNING.
HAVING THEREON ERECTED the
northerly half of a double 2 l/ 2 story
frame dwelling house and known and
numbered as No. 617 Bridge Street,
New Cumberland, Pennsylvania.
SAID LOT BEING No. 49 on the
certain Plan of Lots surveyed by
M.B. Cowden, May 1888, and duly
filed among the records in the Office
of the Recorder of Deeds in and for
Cumberland County in Deed Book
"C", Volume 6, Page 600.
12
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THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
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That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
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newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
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PUBLI13ATION COPY This ad ran on the date(s) shown below:
10/15/10
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10/29/10
Sworn to an scribed before me this 10 dal?fif November, 2010 A.D.
E -? - i
_..---
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
j Lowers Nm" Public
L MY CommissYOn , Dauphin County
M?nber, a fires Nov. 26, 2011
Pnnsvlvanla Associadon of Notani
2010-2758 Civil Term
KSBC Berdc USA, N.A.,
as Trustee for the
Cer"ficatehoiAers, Nomura
Home Equity Loan, inc.,
Asset•Bsck0d; Pascs•Through
Csr"ftates, series 20011-FM1
vs
Richard E. Bottori, Jr.
Brenda L Bottorf
Atty. Margaret Gairo
ALL THAT CERTAIN LOT OR PARCEL OF
GROUND SITUATE IN THE BOROUGH
OF NEW CUMBERLAND, COUNTY
OF CUMBERLAND, PENNSYLVANIA,
KNOWN AS LOT NO.49IN THE PLAN OF
LOTS OF "MA 'S ADDITION TO THE
BOROUGH OF NEW CUMBERLAND,
PENNSYLVANIA', SAID LOT FRONTING
TWENTY-FIVE (25) FEET ON BRIDGE
STREET AND EXTENDING EAST
ALONG THE LINE OF LOT NO. 48, THE
PROPERTY NOW OR FORMERLY OF
THE HEIRS AT LAW OF EPHRIAM
EBERSOLD, DECEASED, ON THE
NORTH ONE HUNDRED FIM-THREE
(153) F*r TO M WESTERLY LINE
OF A T ANTY (20) FOQT WIDE ALLEY
I{ `IOWIV OM?MJD, PLAN OF LOTS AS
SECOND ALLEY, THENCE SOUTH
ALONG THE WESTERLY LINE OF SAID
SECOND ALLEY, TWENTY-FIVE (25)
FEET TO THE NORTHERLY LINE OF
LOT NO.50; THENCE WESTWARDLY
ALONG THE NORTHERLY LINE OF LOT
NO. 50 ALONG AND THROUGH THE
CENTER OF THE PARTITION WALL
SEPARATING. THE PROPERTY HEREIN
DESCRIBED AND THE EASTERLY HALF
OF SAID HOUSE, ONE HUNDRED
FIFTY-THREE (153) FEET TO THE
EASTERLY LINE OF BRIDGE STREET,
THE POINTAND PLACE OF BEGINNING.
HAVING THEREON ERECTED THE
NORTHERLY HALF OF A DOUBLE 2 1/2
STORY FRAME I)WELLINGHOUSE AND
KNOWN AND NUMBFRED AS NO.617
BRIDGE STREET NEW CUMBERLAND,
PENNSYLVANIA.
SAID LOT BEING NO. 49 ON THE
CERTAIN PLAN OF LOTS SURVEYED
BY M.B. COWDEN, MAY 1888, AND DULY
FILED AMONG THE RECORDS IN THE
OFFICE OF THE RECORDER OF DEEDS
IN AND FOR CUMBERLAND COUNTY
IN DEED BOOK "C", VOLUME 6, PAGE
600.
BEING PARCEL NO. 25-24-0811-038
BEING KNOWN AS 617 Bridge Street, New
Cumberland, Pennsylvania 17070.
/0- we
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Becky A. Sawyer,
V.
Commonwealth of Pennsylvania,
Department of Transportation,
Bureau of Driver Licensing
No. 2753 C.D. 2010
Submitted: June 24, 2011
=7' 4r
." -7D ,D ?..Y.;
-
d ty, ?rF
BEFORE: HONORABLE BERNARD L. McGINLEY, Judge
HONORABLE MARY HANNAH LEAVITT, Judge
HONORABLE JAMES R. KELLEY, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION
BY JUDGE LEAVITT
FILED: September 14, 2011
Becky Sawyer (Licensee) appeals an order of the Court of Common
Pleas of Cumberland County (trial court) dismissing her statutory appeal of the
suspension of her driving privileges for refusing to submit to chemical testing
pursuant to Section 1547(b)(1)(i) of the Vehicle Code (Implied Consent Law).'
Licensee contends that the trial court erred in ruling that her conduct constituted a
refusal to submit to chemical testing. Discerning no error, we affirm the order of
the trial court.
{ Section 1547(b)(1)(i) of the Vehicle Code, commonly referred to as the Implied Consent Law,
provides. in pertinent part, that if any person placed under arrest for driving under the influence
of alcohol "is requested to submit to chemical testing and refuses to do so, ... the department
shall suspend the operating privilege of the person ... for a period of 12 months." 75 Pa. C.S.
§ 1547(b)(1)(i).
Appellant
?r? 'vla?, _'= rF ? (.gIiscc, ?as arrested !_Or onv n?.>. influence opt aiconoi d 4 roopel` i jAloth\ t? ltica . t?a a
report that Licensee. Fee Used -nerlrlcal testing o(io\x inr- Eger < n,e
PennDOJ suspended I_. Icensee operaun4L on vrlege l'or a period of mo l
effective August 5, 201 r.!. t_. censee iiled a statutory appeal to the trial court. and
hearing was held on eptei-noer ,
At the hearing. ..ra ensee stipulated that I rooper Rymer- -,a
reasonable grounds for ner 11, i arrest and that he read the standard warnings
verbatim to Licensee tfom form DL-26 regarding the consequences of 1-etusrr1;1
chemical testing. Accordingly, the trial court focused the proceedings on whethei-
Licensee's conduct tollovn,,tng bier arrest constituted a retusai.
PennDO l presented the testimony of 'T'rooper Rymer, who confirrnet
that he read the warnings on f, orm O - '6 aioud to Licensee at the booking center.
Licensee stated that "si7c understooei ithe warnings) but she wanted to talk to
lawyer." Notes of `I estimony. 9 14), 10. at 9 4 N.], I,he trooper reiterated ano
paraphrased the warning that a licensee does not have the right to consult arr
attorney before deciding whether to submit to chemical testing. Trooper Ryme
then asked Licensee. '-Are vrau is are you not going to give blood N. f
Licensee responded that she did not nave a problem with taking the test but wanted
to talk to an attorney first. According to Trooper Rymer, lie informed Licensec
three or tour times that sne nad rro right to talk to a lawyer before she gave a bloou
sample. I_rooper Rymer explaineal to iicensee that if she did not consent. stl(,
would lose her license. he trooper testified that Licensee "just kept saying, i wan,
to talk to a lawyer." N.20
Trooper Rymer testified that a phlebotomist then came to take
Licensee to a different room in order to draw a blood sample. Although Trooper
Rymer considered Licensee's conduct a refusal, he allowed Licensee to go with the
phlebotomist because he thought that "maybe she would give blood." Id. The
trooper informed the phlebotomist that Licensee was asking for an attorney. The
phlebotomist responded that she would videotape her interaction with Licensee.2
Trooper Rymer did not accompany Licensee to the testing room. The phlebotomist
returned a short time later and informed Trooper Rymer that Licensee was "still
asking for an attorney before she gives blood." N.T. 10.
Licensee testified that the intake room of the booking center was
noisy and that she could not hear well when Trooper Rymer read the ILL-26 form.
According to Licensee, when the trooper asked if she understood the warnings, she
responded, "no, I couldn't hear." N.T. 18. At that point, Licensee stated that she
discussed her military service in Iraq with the trooper. Licensee testified that there
was no further discussion of the chemical test refusal warnings.
Licensee (lid not recall telling Trooper Rymer that she wanted to
speak to an attorney. Rather, Licensee stated that the first time she mentioned
talking with a lawyer was "on the tape," i.e., during her conversation with the
phlebotomist. Licensee further testified that the phlebotomist never asked her
whether or not she would consent to the blood test. According to Licensee,
Trooper Rymer was in the room at the time of her videotaped interaction with the
'` At the conclusion of Trooper Rymer's testimony, the video recording of Licensee's interaction
with the phlebotomist was offered into evidence and viewed by the trial court. Licensee
stipulated to the veracity of the video.
3
piliewtonitst :_i?c'Ilse ' aijic?i .jla, tisnc, k i"itedi trp take the 'tioou 1e°?L lnov??, ,
she did not uncierstanCi in <<? €1i:±;i•
PennDO i t:catleu i rooper Kymer to ctarily portions of i..icensee
testimony. rooper K\,rnei iestiiied that iris discussion \Nith Licensee about i'ici
militar} service occurred at the time of her arrest. He recalled that Licensee
angry and felt she snouio nui C)" arrested ioecause she had recently returned iron
Iraq. Trooper Rymer contradicted Licensee s claim that the booking center
noisy, stating that there "as 'unj ,? one other- person at that time being booked
through the booking center . .
F fie triai court found l rooper kymer's testimony to be credible. i ie
trial court determined that Licensee s iestimony was not credible, particulartywhere her testimony contradicted that of I rooper Rymer. Based upon the evidence
adduced at the hearing, the triai court made the following findings.
The trooper read the chemical test warnings from form DI.- )6
verbatim. Paragraph provides in relevant part as follows:
it is also my duty as a police officer to inform YOU
that you have no right to speak with an attorney
or anyone else before deciding whether to
submit to testing and any request to speak with
an attorney i ai,v/one else after being provided
these warnings will constitute a refusal.. .
{emphasis added x , i. icensee's] continued insistence upon
conferring ??: tli counsei before agreeing to submit: to a blood
test amounted tc refusal. Department of Transportation v,
s1 `C'onnc 1 '. "Id 87'. 878 H989).
Diving, her tiw A ante submit to the test by turning her
the phlebotoii;i .A a i?erel? gratuitous t)i1?d isld
ommonii,eid i ansportation, 619 ;..mod 3?-, Pa.
?.mwlth? 9' i. _ )n erred no `property right to have a test
administere?: ahe. tii?, iiihal refi.isal..d. atitt a
99. bse
properly administered test, her refusal could not be considered
to have been waived.
Trial Court Opinion at 3-4. The trial court dismissed Licensee's statutory appeal.
Licensee now appeals to this Court.3
On appeal, Licensee argues that her conduct at the booking center did
not constitute a refusal. Licensee contends that if her responses to Trooper Rymer
constituted a refusal, that refusal was vitiated when he sent her with the
phlebotomist for a blood test. PennDOT counters that Licensee's multiple post-
warning requests to speak with an attorney and her ultimate failure to provide a
blood sample constitute a refusal under the Implied Consent Law.
To sustain a 12-month suspension of a licensee's operating privileges,
the Department must establish that the licensee: (1) was arrested by a police officer
who had reasonable grounds to believe that the licensee was operating the vehicle
while under the influence of alcohol; (2) was asked to submit to a chemical test; (3)
refused to do so; and (4) was specifically warned that refusal would result in a
license suspension. Quick v. Department of Transportation. Bureau of Driver
Licensing, 915 A.2d 1268, 1271 (Pa. Cmwlth. 2007). Any response from a
licensee that is less than an unqualified, unequivocal assent to a chemical test
constitutes a refusal. Hudson v. Department of Transportation, Bureau of Driver
Licensing, 830 A.2d 594, 599 (Pa. Cmwlth. 2003). A licensee's refusal need not
be expressed in words; a licensee's conduct may constitute a refusal to submit to
This Court's scope of review is limited to determining whether the trial court's findings are
supported by competent evidence, whether errors of law have been committed or whether the
trial court's determinations demonstrate a manifest abuse of discretion. Finnegan v. Department
of Transportation, Bureau of Driver Licensing, 844 A.2d 645, 648 n.3 (Pa. Cmwlth. 2004).
5
testing. 10, Question F a, ?, i ecl? wit t ?t ?t 01C trial court, ? : ,?artbrt7Jr'.
The trial court taund that t.,icensee"s responses to 'rooper Rymet atte
he read her the r arnings constitut:eci a. refusal to submit to testing. 1-he trial cotjr
cited paragraph 4 of the DL 'o t0rni, whicii was read verbatim to r_; censer
provides. in relevant par;
Anv request tci speak to ail attorney or anyone else inter beint ;
provided these -",,arnings or remaining silent when asked to
submit to chernicai testing rti ili" constitute a refusal, resulting i
the suspension of your operating privilege.
Form DL-26 (8-06); (- ommonweaith' s Exhibit 11, at #2 (emphasis added), W ,'
agree with the trial court that Licensee s repeated requests to speak to an attorne;
after the warnings were react to tier constituted a refusal to submit to chernic<ii
testing.
Licensee further argues that. ii she refused to consent tai l roopui
Rymer"s request, that retusai wvas \ritiatect bN his act of sending Licensee to a Lwou
test. Penn-DOT counters that trooper Rymer allowed Licensee an opportunity
take the test after she pact alreac e retused, and that this gratuitous tit er couict oc
revoked at any time unless and uric, iicensee provided a blood sample. \ e agick,
Oicr d at 396, the licensee failed to product c <is.
adequate breath sample, whicti gas deemed a refusal. Net,ertheess, tric arresting
officer offered the licensee an opportunitN to take a blood test, fence transportect
the hospital, the licensee refuseu <-0 sigr) 4a nospital waiver form anc the riwj3ital
would not draw his blood. i`iie licensee argued that the officer s action in ahowiiig
him to take the second test constituted a ?? ai` er° of his initial deemed retusai, I r°+i
court held that ,-to w-alver o refusal occurred, explaining that the orficer`-? .iifei
was "at most gratuitous and could be revoked at any time before the test was
administered." Id. at 399 n.3. We further explained that
[w]here there is a refusal and the police then gratuitously offer a
second test which the licensee successfully completes, a waiver
of the first refusal may occur.
Id. (emphasis in original).
Here, Licensee's multiple post-warning requests to speak with an
attorney constituted a refusal. In spite of her refusal, Trooper Rymer gratuitously
allowed Licensee an additional opportunity to provide a blood sample. Licensee
did not provide a blood sample, instead telling the phlebotomist that she wanted to
speak to an attorney. A waiver of Licensee's first refusal could have occurred only
if Licensee had successfully completed the blood test. Id. Absent a successfully
completed chemical test, Licensee's refusal was not waived. The trial court did not
err in dismissing Licensee's appeal.
For the foregoing reasons, we affirm.
mk?2-r
MARY HANNAH LEAVITT, Judge
7
l is -- _VSY
Becky .A. Saih'\ t'(
Appe1 ian
a > ' 1 3 C.D. 2010
Commonwealth oI'penns\ \ an i,,
Department of Fransporiao(.
Bureau of Driver- Licer7sirr4
ORDER
AND NOW, this 14`' clay of September, 2011, the order of the Cou_t
of Common Pleas of Cumberiand County dated December i _ 2010, in the abow-,
captioned matter is hereby A IIF MED.
MARY HANNAH I..EAVITJI , .Iudgc
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
HSBC Bank USA, National Association as Trustee
for the Certificateholders, Nomura Home Equity
Loan, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-FM 1
FILE NO.: 10-2753 Civil Term Civil Term
AMOUNT DUE: $151,882.46
INTEREST: from 06/09/10
V. $15,930.86 at $24.97
ATTY'S COMM.: _o
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and r"
Brenda L. Bottorf COSTS:, `-
TO THE PROTHONOTARY OF SAID COURT:
C7-.
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or acseourz,
based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to
Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the
following described property of the defendant(s)
617 Bridge Street New Cumberland Pennsylvania 17070
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies
of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s)
described in the attached exhibit.
DATE: October 12, 2011
@j? q, an? pA? al?
Sq T. _79
? a. o0
Signature:
Print Name: Marg t Gairo, Esquire
Firm: MCCABE, EISBERG AND CONWAY
Address: 123 S. Broad Street, Suite 2080
Philadelphia, PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No. 34419
C? ? ? sao i q
z' 0 ??as
0• -
LEGAL DESCRIPTION
ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE BOROUGH OF NEW
CUMBERLAND, COUNTY OF CUMBERLAND, PENNSYLVANIA, KNOWN AS LOT NO. 49 IN THE PLAN
OF LOTS OF "MARTIN'S ADDITION TO THE BOROUGH OF NEW CUMBERLAND, PENNSYLVANIA",
SAID LOT FRONTING TWENTY-FIVE (25) FEET ON BRIDGE STREET AND EXTENDING EAST ALONG
THE LINE OF LOT NO, 48, THE PROPERTY NOW OR FORMERLY OF THE HEIRS AT LAW OF EPHRIAM
EBERSOLD, DECEASED, ON THE NORTH ONE HUNDRED FIFTY-THREE (153) FEET TO THE
WESTERLY LINE OF A TWENTY (20) FOOT WIDE ALLEY KNOWN ON SAID PLAN OF LOTS AS SECOND
ALLEY; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID SECOND ALLEY, TWENTY-FIVE (25)
FEET TO THE NORTHERLY LINE OF LOT NO.50; THENCE WESTWARDLY ALONG THE NORTHERLY
LINE OF LOT NO. 50 ALONG AND THROUGH THE CENTER OF THE PARTITION WALL SEPARATING
THE PROPERTY HEREIN DESCRIBED AND THE EASTERLY HALF OF SAID HOUSE, ONE HUNDRED
FIFTY-THREE (153) FEET TO THE EASTERLY LINE OF BRIDGE STREET, THE POINT AND PLACE OF
BEGINNING.
HAVING THEREON ERECTED THE NORTHERLY HALF OF A DOUBLE 2 1/2 STORY FRAME DWELLING
HOUSE AND KNOWN AND NUMBERED AS NO.617 BRIDGE STREET, NEW CUMBERLAND,
PENNSYLVANIA.
SAID LOT BEING NO. 49 ON THE CERTAIN PLAN OF LOTS SURVEYED BY M.B. COWDEN, MAY 1888,
AND DULY FILED AMONG THE RECORDS IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR
CUMBERLAND COUNTY IN DEED BOOK "C", VOLUME 6, PAGE 600.
RB5678 617 Bridge Street, New Cumberland, Pennsylvania 17070.
BEING the same premises which BRENDA L. BOTTORF AND RICHARD E. BOTTORF JR. by deed dated
January 14, 2005 and recorded January 18, 2005 in the office of the Recorder in and for Cumberland County in Deed
Book 0267, Page 0873, granted and conveyed to Brenda L. Bottorf and Richard E. Bottorf Jr., husband and wife, in
fee.
TAX MAP PARCEL NUMBER: 25-24-0811-038
. r
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LaMANNA, ESQUIRE - ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FM I
Plaintiff
V.
Richard E. Bottorf wVa Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
)
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 10-2753 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning
the real property located at: 617 Bridge Street, New Cumberland, Pennsylvania 17070, as of the date the Praecipe for
the Writ of Execution was filed. A copy of the description of said property being attached hereto.
Name and address of Owners or Reputed Owners
Name
Brenda L. Bottorf
Address
810 Sherwood Road
New Cumberland, Pennsylvania 17070
Richard E. Bottorf a/k/a Richard E
Bottorf, Jr.
810 Sherwood Road
New Cumberland, Pennsylvania 17070
Name and address of Defendants in the judgment:
Name
Richard E. Bottorf a/k/a Richard E.
Bottorf, Jr.
Brenda L. Bottorf
Address
810 Sherwood Road
New Cumberland, Pennsylvania 17070
810 Sherwood Road
New Cumberland, Pennsylvania 17070
Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Address
Plaintiff herein
Pamela S. Dent
4.
5
6.
PO Box 740208
Orange City, Pennsylvania 32774
Name and address of the last recorded holder of every mortgage of record:
Name
Plaintiff herein
Address
Name and address of every other person who has any record lien on the property:
Name Address
Bureau of Compliance Dept. 280946
Harrisburg, Pennsylvania 17128
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
Department of Revenue Bureau of
Compliance
Address
617 Bridge Street
New Cumberland, Pennsylvania 17070
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
110 North 8`h Street
Suite #204
Philadelphia, PA 19107
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriff's Sales
United States of America Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
Domestic Relations
Cumberland County
United States of America
United States of America c/o
Atty General of the United States
United States of America c/o
Atty General of the United States
8. Name and address of Attorney of record:
Name
None
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
William J. Nealon Federal Bldg.
235 North Washington Avenue, Ste. 311
Scranton, PA 18503
and
Harrisburg Federal Building & Courthouse
228 Walnut Street, Ste. 220
Harrisburg, PA 17108-1754
U.S. Dept of Justice, Room 5111
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
U.S. Dept of Justice, Room 4400
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
Address
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unswom falsification to authorities.
/ Aa--??Yc
October 12, 2011 Margaret afro, Esquire
DATE Attorney for Plaintiff
LEGAL DESCRIPTION
ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE BOROUGH OF NEW
CUMBERLAND, COUNTY OF CUMBERLAND, PENNSYLVANIA, KNOWN AS LOT NO. 49 IN THE PLAN
OF LOTS OF "MARTIN'S ADDITION TO THE BOROUGH OF NEW CUMBERLAND, PENNSYLVANIA",
SAID LOT FRONTING TWENTY-FIVE (25) FEET ON BRIDGE STREET AND EXTENDING EAST ALONG
THE LINE OF LOT NO. 48, THE PROPERTY NOW OR FORMERLY OF THE HEIRS AT LAW OF EPHRIAM
EBERSOLD, DECEASED, ON THE NORTH ONE HUNDRED FIFTY-THREE (153) FEET TO THE
WESTERLY LINE OF A TWENTY (20) FOOT WIDE ALLEY KNOWN ON SAID PLAN OF LOTS AS SECOND
ALLEY; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID SECOND ALLEY, TWENTY-FIVE (25)
FEET TO THE NORTHERLY LINE OF LOT NO.50; THENCE WESTWARDLY ALONG THE NORTHERLY
LINE OF LOT NO. 50 ALONG AND THROUGH THE CENTER OF THE PARTITION WALL SEPARATING
THE PROPERTY HEREIN DESCRIBED AND THE EASTERLY HALF OF SAID HOUSE, ONE HUNDRED
FIFTY-THREE (153) FEET TO THE EASTERLY LINE OF BRIDGE STREET, THE POINT AND PLACE OF
BEGINNING.
HAVING THEREON ERECTED THE NORTHERLY HALF OF A DOUBLE 2 1/2 STORY FRAME DWELLING
HOUSE AND KNOWN AND NUMBERED AS NO.617 BRIDGE STREET, NEW CUMBERLAND,
PENNSYLVANIA.
SAID LOT BEING NO. 49 ON THE CERTAIN PLAN OF LOTS SURVEYED BY M.B. COWDEN, MAY 1888,
AND DULY FILED AMONG THE RECORDS IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR
CUMBERLAND COUNTY IN DEED BOOK "C", VOLUME 6, PAGE 600.
RB5678 617 Bridge Street, New Cumberland, Pennsylvania 17070.
BEING the same premises which BRENDA L. BOTTORF AND RICHARD E. BOTTORF JR. by deed dated
January 14, 2005 and recorded January 18, 2005 in the office of the Recorder in and for Cumberland County in Deed
Book 0267, Page 0873, granted and conveyed to Brenda L. Bottorf and Richard E. Bottorf Jr., husband and wife, in
fee.
TAX MAP PARCEL NUMBER: 25-24-0811-038
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LaMANNA, ESQUIRE - ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FM 1
Plaintiff
V.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 10-2753 Civil Term
AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF PHILADELPHIA:
SS.
I co
?CD
-,
CD
-
- C__
The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby
depose and say that the last-known mailing addresses of the Defendants are:
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr
810 Sherwood Road
New Cumberland, Pennsylvania 17070
ND SUBSCP15
t Of P''
Brenda L. Bottorf
810 Sherwood Road
New Cumberland, Pennsylvania 17070
M rgaret giro, Esquire
Attorney for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LaMANNA, ESQUIRE - ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
CIVIL ACTION LAW
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FM I
V.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 10-2753 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
r- -
=
?
e M
To: Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. Brenda L. Bottorf
810 Sherwood Road 810 Sherwood Road
New Cumberland, Pennsylvania 17070 New Cumberland, Pennsylvania 17070
Your house (real estate) at 617 Bridge Street, New Cumberland, Pennsylvania 17070 is scheduled to be
sold at Sheriffs Sale on March 7, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor
of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court
judgment of $151,882.46 obtained by HSBC Bank USA, National Association as Trustee for the Certificateholders,
Nomura Home Equity Loan, Inc., Asset-Backed Pass-Through Certificates, Series 2005-FM 1 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 HSBC Bank USA, National Association as Trustee for the
Certificateholders, Nomura Home Equity Loan, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-FM 1 the back payments, late charges, costs, and reasonable attorney's fees due. To
find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at
(215) 790-1010.
You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
You may also be able to stop the sale through other legal proceedings.
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.
You may also have other rights and defenses, or ways of getting your real estate back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE BOROUGH OF NEW
CUMBERLAND, COUNTY OF CUMBERLAND, PENNSYLVANIA, KNOWN AS LOT NO. 49 IN THE PLAN
OF LOTS OF "MARTIN'S ADDITION TO THE BOROUGH OF NEW CUMBERLAND, PENNSYLVANIA",
SAID LOT FRONTING TWENTY-FIVE (25) FEET ON BRIDGE STREET AND EXTENDING EAST ALONG
THE LINE OF LOT NO. 48, THE PROPERTY NOW OR FORMERLY OF THE HEIRS AT LAW OF EPHRIAM
EBERSOLD, DECEASED, ON THE NORTH ONE HUNDRED FIFTY-THREE (153) FEET TO THE
WESTERLY LINE OF A TWENTY (20) FOOT WIDE ALLEY KNOWN ON SAID PLAN OF LOTS AS SECOND
ALLEY; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID SECOND ALLEY, TWENTY-FIVE (25)
FEET TO THE NORTHERLY LINE OF LOT NO.50; THENCE WESTWARDLY ALONG THE NORTHERLY
LINE OF LOT NO. 50 ALONG AND THROUGH THE CENTER OF THE PARTITION WALL SEPARATING
THE PROPERTY HEREIN DESCRIBED AND THE EASTERLY HALF OF SAID HOUSE, ONE HUNDRED
FIFTY-THREE (153) FEET TO THE EASTERLY LINE OF BRIDGE STREET, THE POINT AND PLACE OF
BEGINNING.
HAVING THEREON ERECTED THE NORTHERLY HALF OF A DOUBLE 2 1/2 STORY FRAME DWELLING
HOUSE AND KNOWN AND NUMBERED AS NO.617 BRIDGE STREET, NEW CUMBERLAND,
PENNSYLVANIA.
SAID LOT BEING NO. 49 ON THE CERTAIN PLAN OF LOTS SURVEYED BY M.B. COWDEN, MAY 1888,
AND DULY FILED AMONG THE RECORDS IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR
CUMBERLAND COUNTY IN DEED BOOK "C", VOLUME 6, PAGE 600.
RB5678 617 Bridge Street, New Cumberland, Pennsylvania 17070.
BEING the same premises which BRENDA L. BOTTORF AND RICHARD E. BOTTORF JR. by deed dated
January 14, 2005 and recorded January 18, 2005 in the office of the Recorder in and for Cumberland County in Deed
Book 0267, Page 0873, granted and conveyed to Brenda L. Bottorf and Richard E. Bottorf Jr., husband and wife, in
fee.
TAX MAP PARCEL NUMBER: 25-24-0811-038
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NOIO-2753 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION AS
TRUSTEE FOR THE CERTIFICATEHOLDERS, NOMURA HOME EQUITY LOAN, INC.,
ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-FM1 Plaintiff (s)
From RICHARD E. BOTTORF A/K/A RICHARD E. BOTTORF, JR. AND BRENDA L.
BOTTORF
(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: $151,882.46 L.L.:
Interest from 6/9/10 - $15,930.86 AT $24.97
Arty's Comm: % Due Prothy: $2.00
Atty Paid: $1,119.34 Other Costs:
Plaintiff Paid:
Date: 10/18/11
David D. Buell, Prothon to
(Seal)
Deputy
REQUESTING PARTY:
Name: MARGARET GAIRO, ESQUIRE
Address: MCCABE, WEISBERG AND CONWAY
123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 34419
McCABE, WEISBERG & CONWAY, P.C.
TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616 6 jLE[)70Ft• 1C-E
EDWARD D. CONWAY, ESQUIRE - ID # 34( 'THE PROTHONOTARY
MARGARET GAIRO, ESQUIRE - ID # 34419
MARISA J. COHEN, ESQUIRE - ID # 87830 2r, 12 f E8 13 Phi
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 30%;OPJSSRLAND COUHTY
123 South Broad Street, Suite 2080 ?E'4;SYLVAMIA
Philadelphia, Pennsylvania 19109
(215) 790-1010
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FM I
Plaintiff
V.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr.
and Brenda L. Bottorf
Defendant
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 10-2753 Civil Term
AFFIDAVIT OF SERVICE
OF
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 8th day of
February, 2012, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent
lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto.
A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part
hereof.
SWORN AND SUBSCRIBED
BEFORE ME THIS Cl++-) DAY
OF 12012
'n1nL
NOTAR PUBLIC
Cp MI W£ALTW Cr FENNSYLVA I
NOTARIAL SEAL
MeW C. Paolucci - Notary Public
City dI ftbddphia, I'Madelptiia Courtly
MY c0MMl?6 M E7FUP JM. 06 2014
McCABE, WEISBERG & CONS _ , P.C.
Attorneys for Plaintiff
By:
TERRENCE cCABE, ESQUIRE - ID # 16496
MARC S. W ISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET CAIRO, ESQUIRE - ID # 34419
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
McCABE, WEISBERG & CONWAY, P.C.
TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FM 1
Plaintiff
V.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 10-2753 Civil Term
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
The undersigned attorney for Plaintiff in the above action sets forth the following information concerning
the real property located at 617 Bridge Street, New Cumberland, Pennsylvania 17070, as of the date the Praecipe for
the Writ of Execution was filed. A copy of the description of said property is attached hereto.
Name and address of Owners or Reputed Owners
Name
Brenda L. Bottorf
Address
810 Sherwood Road
New Cumberland, Pennsylvania 17070
Richard E. Bottorf aWa Richard E.
Bottorf, Jr.
810 Sherwood Road
New Cumberland, Pennsylvania 17070
2. Name and address of Defendants in the judgment:
Name
Richard E. Bottorf a/k/a Richard E.
Bottorf, Jr,
Address
810 Sherwood Road
New Cumberland, Pennsylvania 17070
Brenda L. Bottorf
810 Sherwood Road
New Cumberland, Pennsylvania 17070
Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address
Pamela S. Dent PO Box 740208
Orange City, Pennsylvania 32774
Wayne E. Yost C/O Samuel L. Andes
525 N. 12th Street
P.O. Box 168
Lemoyne, Pa 17043
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein
5. Name and address of every other person who has any record lien on the property:
Name Address
Bureau of Compliance Dept. 280946
Harrisburg, Pennsylvania 17128
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
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name Address
Tenants/Occupants 617 Bridge Street
New Cumberland, Pennsylvania 17070
Commonwealth of Pennsylvania
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
Commonwealth of Pennsylvania
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
110 North 8`h Street
Suite #204
Philadelphia, PA 19107
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
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
Name and address of Attorney of record:
Name
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriffs Sales
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
William J. Nealon Federal Bldg.
235 North Washington Avenue, Ste. 311
Scranton, PA 18503
and
Harrisburg Federal Building & Courthouse
228 Walnut Street, Ste. 220
Harrisburg, PA 17108-1754
U.S. Dept of Justice, Room 5111
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
U.S. Dept of Justice, Room 4400
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
Address
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
McCABE, WEISBERG & CONWAY, P.C.
February 8, 2012 Attorneys for Plaintiff
DATE
By:
TERRENCE J. ABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
MARISA J. COHEN, ESQUIRE
KEVIN T. McQUAIL, ESQUIRE
CHRISTINE L. GRAHAM, ESQUIRE
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LaMANNA, ESQUIRE - ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FM I
Plaintiff
V.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
DATE: February 8, 2012
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 10-2753 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and Brenda L. Bottorf
PROPERTY: 617 Bridge Street, New Cumberland, Pennsylvania 17070
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 7, 2012 at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on,
and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to
protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days
after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten
(10) days after the filing of the schedule.
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
IL
THE
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Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Z ' ,A ' 26 4,1 8:
PENNS YLV CO I j t Y
HSBC Bank USA, N.A.
vs.
Richard E. Bottorf, Jr. (et al.)
Case Number
2010-2753
SHERIFF'S RETURN OF SERVICE
01/10/2012 05:05 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by
posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action,
upon the property located at 617 Bridge Street, New Cumberland, PA 17070, Cumberland County.
01/10/2012 04:50 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be the Defendant, to wit: Richard
E. Bottorf, Jr. at 810 Sherwood Road, New Cumberland Borough, New Cumberland, PA 17070,
Cumberland County.
01/10/2012 04:50 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate
Writ, Notice and Description, in the above titled action, by making known its contents and at the same time
personally handing a true copy to a person representing themselves to be RICHARD
BOTTORF-HUSBAND, who accepted as "Adult Person in Charge" for Brenda L. Bottorf at 810 Sherwood
Road, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County.
01/30/2012 Amended Affidavit of Service to Lienholders filed in Sheriffs Office
02/13/2012 Amended Affidavit of Service to Lienholders filed in Sheriffs Office
03/21/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had
been given according to law, he exposed the within described premises at public venue or outcry at the
Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2012 at 10:00
AM. He sold the same for the sum of $1.00to Attorney Margaret Gairo, on behalf of HSBC Bank USA,
National Association as Trustee for the Certificateholders, Nomura Home Equity Loan, Inc., Asset-Backed
Pass-Through Certificates, Series 2005-FM1 at Mail Stop #SV-103, Simi Valley, CA 93063. HSBC Bank
USA, National Association as Trustee for the Certificateholders, Nomura Home Equity Loan, Inc.,
Asset-Backed Pass-Through Certificates, Series 2005-FM1 , being the buyer in this execution, paid to the
Sheriff the sum of $947.26.
SHERIFF COST: $947.26
March 21, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
a Q) P? • L?
/.2 V1?o,
;cj Cai.nty;:ultt; S rc:;rf. I elec,eft. Inc.
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LaMANNA, ESQUIRE - ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FMI
Plaintiff
V.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 10-2753 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning
the real property located at: 617 Bridge Street, New Cumberland, Pennsylvania 17070, as of the date the Praecipe for
the Writ of Execution was filed. A copy of the description of said property being attached hereto.
Name and address of Owners or Reputed Owners
Name
Brenda L. Bottorf
Address
810 Sherwood Road
New Cumberland, Pennsylvania 17070
Richard E. Bottorf a/k/a Richard E.
Bottorf, Jr.
810 Sherwood Road
New Cumberland, Pennsylvania 17070
2. Name and address of Defendants in the judgment:
Name
Richard E. Bottorf a/k/a Richard E.
Bottorf, Jr.
Brenda L. Bottorf
Address
810 Sherwood Road
New Cumberland, Pennsylvania 17070
810 Sherwood Road
New Cumberland, Pennsylvania 17070
Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Address
Plaintiff herein
fi
Pamela S. Dent
PO Box 740208
Orange City, Pennsylvania 32774
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein
5. Name and address of every other person who has any record lien on the property:
Name Address
Bureau of Compliance Dept. 280946
Harrisburg, Pennsylvania 17128
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 Address
Tenants/Occupants 617 Bridge Street
New Cumberland, Pennsylvania 17070
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
110 North 8`h Street
Suite #204
Philadelphia, PA 19107
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriffs Sales
J
r
United States of America Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
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
Name and address of Attorney of record:
Name
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
William J. Nealon Federal Bldg.
235 North Washington Avenue, Ste. 311
Scranton, PA 18503
and
Harrisburg Federal Building & Courthouse
228 Walnut Street, Ste. 220
Harrisburg, PA 17108-1754
U.S. Dept of Justice, Room 5111
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
U.S. Dept of Justice, Room 4400
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
Address
None
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unswom falsification to authorities.
October 12, 2011 Margaret airo, Esquire
DATE Attorney for Plaintiff
/I
LEGAL DESCRIPTION
ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE BOROUGH OF NEW
CUMBERLAND, COUNTY OF CUMBERLAND, PENNSYLVANIA, KNOWN AS LOT NO. 49 IN THE PLAN
OF LOTS OF "MARTIN'S ADDITION TO THE BOROUGH OF NEW CUMBERLAND, PENNSYLVANIA",
SAID LOT FRONTING TWENTY-FIVE (25) FEET ON BRIDGE STREET AND EXTENDING EAST ALONG
THE LINE OF LOT NO. 48, THE PROPERTY NOW OR FORMERLY OF THE HEIRS AT LAW OF EPHRIAM
EBERSOLD, DECEASED, ON THE NORTH ONE HUNDRED FIFTY-THREE (153) FEET TO THE
WESTERLY LINE OF A TWENTY (20) FOOT WIDE ALLEY KNOWN ON SAID PLAN OF LOTS AS SECOND
ALLEY; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID SECOND ALLEY, TWENTY-FIVE (25)
FEET TO THE NORTHERLY LINE OF LOT NO.50; THENCE WESTWARDLY ALONG THE NORTHERLY
LINE OF LOT NO. 50 ALONG AND THROUGH THE CENTER OF THE PARTITION WALL SEPARATING
THE PROPERTY HEREIN DESCRIBED AND THE EASTERLY HALF OF SAID HOUSE, ONE HUNDRED
FIFTY-THREE (153) FEET TO THE EASTERLY LINE OF BRIDGE STREET, THE POINT AND PLACE OF
BEGINNING.
HAVING THEREON ERECTED THE NORTHERLY HALF OF A DOUBLE 2 1/2 STORY FRAME DWELLING
HOUSE AND KNOWN AND NUMBERED AS NO.617 BRIDGE STREET, NEW CUMBERLAND,
PENNSYLVANIA.
SAID LOT BEING NO. 49 ON THE CERTAIN PLAN OF LOTS SURVEYED BY M.B. COWDEN, MAY 1888,
AND DULY FILED AMONG THE RECORDS IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR
CUMBERLAND COUNTY IN DEED BOOK "C", VOLUME 6, PAGE 600.
RB5678 617 Bridge Street, New Cumberland, Pennsylvania 17070.
BEING the same premises which BRENDA L. BOTTORF AND RICHARD E. BOTTORF JR. by deed dated
January 14, 2005 and recorded January 18, 2005 in the office of the Recorder in and for Cumberland County in Deed
Book 0267, Page 0873, granted and conveyed to Brenda L. Bottorf and Richard E. Bottorf Jr., husband and wife, in
fee.
TAX MAP PARCEL NUMBER: 25-24-0811-038
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LaMANNA, ESQUIRE - ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
CIVIL ACTION LAW
HSBC Bank USA, National Association as Trustee for
the Certificateholders, Nomura Home Equity Loan,
Inc., Asset-Backed Pass-Through Certificates, Series
2005-FM I
V.
Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. and
Brenda L. Bottorf
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 10-2753 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Richard E. Bottorf a/k/a Richard E. Bottorf, Jr. Brenda L. Bottorf
810 Sherwood Road 810 Sherwood Road
New Cumberland, Pennsylvania 17070 New Cumberland, Pennsylvania 17070
Your house (real estate) at 617 Bridge Street, New Cumberland, Pennsylvania 17070 is scheduled to be
sold at Sheriffs Sale on March 7, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor
of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court
judgment of $151,882.46 obtained by HSBC Bank USA, National Association as Trustee for the Certificateholders,
Nomura Home Equity Loan, Inc., Asset-Backed Pass-Through Certificates, Series 2005-FMI 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 HSBC Bank USA, National Association as Trustee for the
Certificateholders, Nomura Home Equity Loan, Inc., Asset-Backed Pass-Through Certificates,
Series 2005-FM1 the back payments, late charges, costs, and reasonable attorney's fees due. To
find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at
(215) 790-1010.
You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the sale. (See the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find
out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days
of the sale. This schedule will state who will be receiving that money. The money will be paid out
in accordance with this schedule unless exceptions (reasons why the proposed schedule of
distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the
schedule of distribution.
You may also have other rights and defenses, or ways of getting your real estate back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN LOT OR PARCEL OF GROUND SITUATE IN THE BOROUGH OF NEW
CUMBERLAND, COUNTY OF CUMBERLAND, PENNSYLVANIA, KNOWN AS LOT NO. 49 IN THE PLAN
OF LOTS OF "MARTIN'S ADDITION TO THE BOROUGH OF NEW CUMBERLAND, PENNSYLVANIA",
SAID LOT FRONTING TWENTY-FIVE (25) FEET ON BRIDGE STREET AND EXTENDING EAST ALONG
THE LINE OF LOT NO. 48, THE PROPERTY NOW OR FORMERLY OF THE HEIRS AT LAW OF EPHRIAM
EBERSOLD, DECEASED, ON THE NORTH ONE HUNDRED FIFTY-THREE (153) FEET TO THE
WESTERLY LINE OF A TWENTY (20) FOOT WIDE ALLEY KNOWN ON SAID PLAN OF LOTS AS SECOND
ALLEY; THENCE SOUTH ALONG THE WESTERLY LINE OF SAID SECOND ALLEY, TWENTY-FIVE (25)
FEET TO THE NORTHERLY LINE OF LOT NO.50; THENCE WESTWARDLY ALONG THE NORTHERLY
LINE OF LOT NO. 50 ALONG AND THROUGH THE CENTER OF THE PARTITION WALL SEPARATING
THE PROPERTY HEREIN DESCRIBED AND THE EASTERLY HALF OF SAID HOUSE, ONE HUNDRED
FIFTY-THREE (153) FEET TO THE EASTERLY LINE OF BRIDGE STREET, THE POINT AND PLACE OF
BEGINNING.
HAVING THEREON ERECTED THE NORTHERLY HALF OF A DOUBLE 2 1/2 STORY FRAME DWELLING
HOUSE AND KNOWN AND NUMBERED AS NO.617 BRIDGE STREET, NEW CUMBERLAND,
PENNSYLVANIA.
SAID LOT BEING NO. 49 ON THE CERTAIN PLAN OF LOTS SURVEYED BY M.B. COWDEN, MAY 1888,
AND DULY FILED AMONG THE RECORDS IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR
CUMBERLAND COUNTY IN DEED BOOK "C", VOLUME 6, PAGE 600.
RB5678 617 Bridge Street, New Cumberland, Pennsylvania 17070.
BEING the same premises which BRENDA L. BOTTORF AND RICHARD E. BOTTORF JR. by deed dated
January 14, 2005 and recorded January 18, 2005 in the office of the Recorder in and for Cumberland County in Deed
Book 0267, Page 0873, granted and conveyed to Brenda L. Bottorf and Richard E. Bottorf Jr., husband and wife, in
fee.
TAX MAP PARCEL NUMBER: 25-24-0811-038
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO10-2753 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC BANK USA, NATIONAL ASSOCIATION AS
TRUSTEE FOR THE CERTIFICATEHOLDERS, NOMURA HOME EQUITY LOAN, INC.,
ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2005-FM1 Plaintiff (s)
From RICHARD E. BOTTORF A/K/A RICHARD E. BOTTORF, JR. AND BRENDA L.
BOTTORF
(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: $151,882.46 L.L.:
Interest from 6/9/10 - $15,930.86 AT $24.97
Atty's Comm: % Due Prothy: $2.00
Atty Paid: $1,119.34 Other Costs:
Plaintiff Paid:
Date: 10/18/11
David D. Buell, Protho ta-ry
(Seal)
Deputy
REQUESTING PARTY:
Name: MARGARET GAIRO, ESQUIRE
Address: MCCABE, WEISBERG AND CONWAY
123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 34419
TRUE COPY FROM RECORD
In Testimony whereof, I here unto set my hand
and the sgi of said Court Carlisle, Pa.
This I_day of ---_ rtj0LY_20l_
Pr?otthhonnotary
On October 27, 2011 the Sheriff levied upon the
defendant's interest in the real property situated in
Monroe Township, Cumberland County, PA,
Known and numbered as, 617 Bridge Street,
New Cumberland, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date ,October 27, 2011
By:
Rea Estate Coordina or
CUMBERLAND LAW JOURNAL
Writ No. 2010-2753 Civil Term
HSBC Bank USA, N.A.
VS.
Richard E. Bottorf, Jr.
Brenda L. Bottorf
Atty.: Margaret Gairo
ALL THAT CERTAIN lot or parcel
of ground situate in the Borough
of New Cumberland, County of
Cumberland, Pennsylvania, known
as Lot No. 49 in the plan of lots of
"Martin's Addition to the Borough
of New Cumberland, Pennsylvania",
said lot fronting twenty five (25) feet
on Bridge Street and extending east
along the line of Lot No. 48, the prop-
erty now or formerly of the heirs at
law of Ephriam Ebersold, deceased,
on the north one hundred fifty three
(153) feet to the westerly line of a
twenty (20) foot wide alley known
on said plan of lots as Second Al-
ley; thence south along the westerly
line of said Second Alley, twenty five
(25) feet to the northerly line of Lot
No.50; thence westwardly along the
northerly line of Lot No. 50 along and
through the center of the partition
wall separating the property herein
described and the easterly half of
said house, one hundred fifty three
(153) feet to the easterly line of bridge
street, the point and PLACE OF BE-
GINNING.
HAVING THEREON ERECTED the
northerly half of a double 2 1/2 story
frame dwelling house and known and
numbered as No.617 Bridge Street,
New Cumberland, Pennsylvania.
SAID LOT BEING No. 49 on the
certain plan of lots surveyed by
M.B. Cowden, May 1888, and duly
filed among the records in the Office
of the Recorder of Deeds in and for
Cumberland County in Deed Book
"C", Volume 6, Page 600.
RB5678 617 Bridge Street, New
Cumberland, Pennsylvania 17070.
BEING the same premises which
BRENDA L. BOTTORF AND RICHARD
E. BOTTORF JR. by deed dated Janu-
ary 14, 2005 and recorded January
18, 2005 in the office of the Recorder
in and for Cumberland County in
Deed Book 0267, Page 0873, granted
and conveyed to Brenda L. Bottorf
and Richard E. Bottorf Jr., husband
and wife, in fee.
TAX MAP PARCEL NUMBER: 25
24 0811 038.
26
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:
January 27, February 3, and February 10, 2012
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
sa Marie Coyne, ditor
?__y
SWORN TO AND SUBSCRIBED before me this
0 da of Februar 2012
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
z4f Patr1*0tWXfW5
Now you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the
Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday
Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State
aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949,
respectively, and all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said
Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as
to the time, place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
,PUBLICATION COPY
This ad ran on the date(s) shown below:
01/27/12
Sworn to andpbscribed of re rn this F bruary, 2012 A.D.
ry Public
COMMONWEALTH OF PENNSYLVANIA
=Seal
SFierrie L. OWON, Nay W*C
Lower Paxton Twp., Dauphin
14W. 26 02 is
MEMBER,PEryN$YLVANIA aSSOCIATTON NtlfARIES
02/03/12
02/10/12
2010.2753 Civil Term
HSBC Bank USA, N.A.
vs
Richard E. Bottort, Jr.
Brenda L. Bottorf
Atty: Margaret Galro
All That Certain Lot Or Parcel Of
Ground Situate In The Borough of New
Cumberland, County Of Cumberland,
Pennsylvania, Known As Lot No. 49 In
The Plan Of Lots Of "Martin's Addition
To The Borough of New Cumberland,
Pennsylvania", Said Lot Fronting Twenty
Five (25) Feet On Bridge Street And
Extending East Along The Line Of Lot
No. 48, The Property Now Or Formerly Of
The Heirs At Ladd Of Ephriam Ebersold,
Deceased, On The North One Hundred
Fifty Three (153) Feet To The
Westerly Line Of A Twenty (20) Foot
Wide Alley Known On Said Plan Of Lots
As Second Alley; Thence South Along
The',-esterly Line Of Said Second Alley,
Twenty Five (25) Feet ToThe Northerly
Line Of Lot No.50; Thence Westwardly
Along The Northerly Line Of Lot No. 50
Along And Through The Center Of The
Partition Wall Separating The Property
Herein Described And The Easterly Half
Of Said House, One Hundred
Fifty Three (153) Feet To The Easterly
Line Of Bridge Street, The Point And Place
Of Begimiing.
Ha, ing Thereon Erected The Northerly
Half Of A Double 21/2 Story Frame
Dwelling House And Known And
Numbered As No.617 Bridge Street, New
Cumberland, Pennsylvania.
Said Lot Being No. 49 On The Certain Plan
Of Lots Surveyed By M.B. Cowden, May
1888, And Duly Filed Among The Records
In The Office Of The Recorder Of Deeds
In And For Cumberland County In Deed
Book "C", Volume 6, Page 600.
Rb5678 617 Bridge Street, New
Cumberland, Pennsylvania 17070.
Being The Same Premises Which Brenda
L. Bottorf And Richard E. Bottorf Jr.
By Deed Dated January 14, 2005 And
Recorded January 18, 2005 In The Office
Of The Recorder In And For Cumberland
County In Deed Book 0267, Page 0873,
Granted And Conveyed To Brenda L.
Bottorf And Richard E. Bottorf Jr.,
Husband And Wife, In Fee.
Tax Map Parcel Number: 25 24 0811 038
1p pdtriot-Xims
Now you know
2020 Technology Parkway
Mechanicsburg, PA
(717) 255-8237
BILL TO: Cumberland County Sheriffs Office
Cumberland County Court House
Carlisle, PA 17013
ACCT. #
2260
DUPLICATE BILL
01/27/12
02/03/12
02/10/12
Of Ad
Sheriff Sale 2753 8.34 $12.00 $ 100.08
Sheriff Sale 2753 8.34 $12.00 $ 100.08
Sheriff Sale 2753 8.34 $12.00 $ 100.08
Notary Fee $5.00
TOTAL DUE FOR THIS SALE:
$ 306.24
JLC
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 HSBC Bank USA NA as Trustee for Certificateholders of the Nomura
Home Equity Home Loan Inc. is the grantee the same having been sold to said grantee on the 7 day of
March A.D., 2012, under and by virtue of a writ Execution issued on the 18 day of October, A.D., 2011,
out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 2753, at the suit of
HSBC Bank USA NA against Richard e. Bottorf Jr and Brenda L. Bottorf is duly recorded as Instrument
Number 201211994.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this
A.D. a J
day of
Recorder of Deeds
'carder of Deeds, Cianbe aid 0=V. CerW PA
'y Commission Expires the Frst Mondly of jam 2014