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HomeMy WebLinkAbout10-7579RICHARD F. STERN, EsQvIRE (03315} STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD Yoxx ROAD, SvITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215)572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF , 5 ~ ~ "(' ~ P'a 1, ~. ,'~ fsi s1~ s t , ' t,- ~ 1 . ~. .. I a 3 ~;~ ... ':1 ~.., i~.... ,, ..,,'~ IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Bank, USA 2929 Walden Avenue Depew, NY 14043 Civil Action Number: `~ -~ ~ 7 v. Chad E. Ashley and Tracey L. Ashley 316 Eutaw Avenue New Cumberland, PA 17070 s COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION -MORTGAGE FORECLOSURE NOTICE This is an attempt to collect a debt and any information obtained will be used for that purpose. You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense 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 judglnent may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE "THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. J: \Angela\Complaints\Cumberland\II5BC.Ashley.l2. l0.doc O ga,cc ~ a~ °`~~ ~~3 ~ ~~ asa~~ IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAYBE 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 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J: \AngelalComplaints\Cumberland\HSBC.Ashley.l2. l O.doc NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT', 15 U.S.C. t?1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF T'HE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT' IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL, WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J:1Angela\Complaints\Cumberland\I-3SBC.Ashley.12.10. doc RICHARD F. STERN, EsQU1RE (03315) STEVEN K. EISENBERG, ESQUIRE (75736 KEVIN P. DISKIN, ESQUIRE (86727) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JF,NKIN"GOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-811 1 FACSIMILE: (215) 572-5025 (COUNSEL FOR PI,AINTIFF~ IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Bank, USA 2929 Walden Avenue Depew, NY 14043 v. Chad E. Ashley and Tracey L. Ashley 316 Eutaw Avenue New Cumberland, PA 17070 s Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION -MORTGAGE FORECLOSURE 1. Plaintiff is HSBC Bank, USA (hereinafter referred to as "HSBC") with offices located at 2929 Walden Avenue ,Depew, NY 14043. 2. Defendant(s) are Chad E. Ashley and Tracey L. Ashley, adult individuals with alast- known address of 316 Eutaw Avenue, New Cumberland, PA 17070. 3. Under date of 06/08/2005, defendants executed and delivered to MERS" as nominee for Wilmington Finance, a division of AIG Federal Savings Bank a mortgage upon the property 316 Eutaw Avenue ,New Cumberland, PA (the "Property")to secure the payment of the sum of $172,000.00. The said mortgage is recorded in the Office for the Recording of Deeds in and for Cumberland County on 06/16/2005 at Bk. 1910 Pg. 4872 and a copy is attached hereto as Exhibit "A". A copy of the legal description of the Property is attached hereto and made a part hereof as Exhibit "B". 4. The said mortgage was assigned to HSBC, the within Plaintiff, by Assignment which has been duly recorded or is in the process of being recorded. J'\Angela\Complaints\Cumberland\I ISBC. Ashley.12.10. doc 5. Said. Defendant(s) are the real owners of the Property 316 Eutaw Avenue, Ne~v Cumberland, PA 17070. 6. In accordance with Act 91 of 1983, as amended, a combined notice providing the information required by §403 of Act No. 6 of 1974, and Act 91, aforesaid, was sent to the defendants and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit «C» 7. The said loan is in default as a result of the failure to pay the monthly installments of $1,373.44 due on May 1, 2009 and on the same day of each month thereafter.. 8. The following is due on the loan: PKINCIPAL BALANCE ....................................................... $164,498.12 INTEREST accrued thru 12/02/2010 of ............................... $20,708.83 Interest after 12/02/2010 shall accrue at the per diem rate of $32.94.) LATE CHARGES accrued thru 12/02/2010 of .....................$1,028.70 Late charges after 12/02/2010 shall accrue at the monthly rate of $57.15.) ESCROW ADVANCES .........................................................$3,819.19 FEES BILLED ....................................................................... $3,945.58 ATTORNEY' S FEE .............................................................. $7,000.00 TOTAL ..................................................................................$201,000.42 The attorney fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. J:\Angela\Complaints\Cumberland\HSBC.Ashley. l2. I O.doc WHEREFORE, Plaintiff, HSBC requests this Court to enter judgment for foreclosure of the mortgaged property for the sum of $164,498.12 plus interest thereon of $20,708.8.3 plus $32.94 per day from 12/02/2010 until judgment is paid in full, late charges of $1,028.70, plus late charges of $57.15 per month from 12/02/2010 until judgment is paid in full, escrow advances of $3,819.19, fees billed of $3,945.58, attorney's fees of $7,000.00 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts to which Plaintiff is entitled to recover. STERN ANI~' EISENBERG LLP BY: Date: December 2, 2010 RI~IARD F. STERN, ESQiJIRE STEVEN K. EISENBERG, F,SQUIRE KEVIN P. DISKIN, ESQUIRE Attorney for Plaintiff J:\Angela\ComplaintslCumberland\I ISBC. Ashley.12.10. doc VERIFICATION I, Steven K. Eisenberg, Esquire of Stern & Eisenberg, LLP (name), hereby verifies that I am Counsel for the Plaintiff and as such, am authorized to make this Verification on its behalf acid further that the facts of record (based upon documents duly recorded with the County) set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief and information provided from the Plaintiff. Pursuant to PaRCP 1024(c) the representative of the Plaintiff i s outside of the jurisdiction of the Court and said verification could not be timely obtained. To the extent required, as to all other statements of fact, a substitute verification from the client will be filed with the Court. This verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to ur~sworn falsification to authorities. Print N'srfie: Steven K. Eisenberg On Behalf of Plaintiff Dated: (Z- - ~ " ~ c ~ (Page 1 of 17) Prepazed By: ~~ ~^~~ ~ dw4n d AIG F.Ar,I S.riq~ au4 401 PhpeeuW ame, sul.4aa ~"~~ req. PA 18462 Return To: Wa.YHtwl F4n.w~. ~ Arlren N AM F~Cw 401 PlYele111b Mul y,ryF yp FlrlnoW~M1/Up. ~A iB4ei Parcel Number: 25-25.ODOB-124 l5wee Abele S'hls Isle Far Reeerdlaa Dstal MQRTGAGE Loan Numba:A05D53133 MIN 1OD372405056352862 DEFINTTIONS Words used in multiple sectionv of this doauneat aze defiatd below and other words are defined in Sectiotu 3, l 1, 13, 16, 20 amd 21. Certain rules regarding the lunge of words used in this doaunent are also prorided in Section 16. (A) "Security Iastrumeat" trtcans this dacnmetu, which is dated June 08. 2005 together with all Riders to this document. ' (B) 'Borrower" is L1N0 E. ASHLEY ANO TRALEY L. ASHLEY. NUSBANO AItD WIFE Bocrowu is the mortgagor under thu Security Iagrwnent. (~ eM~s° ~ Mortgage Electrooic Regislratioa Systerat, Inc. HERS is a separate corporation that is acting solely as a nominee for Lender and Leaders auctxssors and assigns. MEHS is the mortgagee rwder this security lashvmmt. MFRS u organized sad existing under the laws of Delaware, and has an address and W ephone number of P.O. Box 2026, PNnt M148501-2026, tel- (688) ti79-HERS. PEIY1119YLVAN'L4 -Single Fernay -fiords Maa/Fradme Mae UNIFORM INSTRUMENT 1A/r1 N MERE Form 3038 tfnl -BAIPIU ogee/ vw 6aaryACr wrelf Oea-BPA T~~ ~ ~ ~ IflO~~~ _.~..~ (Page 2 of 17) (D)r "LendeC" is Milmirngton Finance, a division of AI6 Federal Savings Bank Lenderisa Federal Savings Bank organised and eldssting under the Iaws of United States of Aaerica I.etder'saddressis 401 Plymouth Road. Suite 400 PlyaoutA Meeting, PA 14462 (1;) "Note" tttr+nr the promissory note signed by Borrower and dated Jura 08, 2005 The Nac states that BOrrOWU owes I.endert)ne Hundred Seventy-Two 7tgttsand 8 001100 Ns. Sv2,ooa.oo Dollazs )plus ittttxtxt. Borrower bat promised to pay this debt in regular Periodic Payntettts and to pay the debt in fuU trot later than July Ol. 2035 = ~ "Property" means the property that is described blow under the heading 'Transfer of Rights in the opcrty.' ((>7 "I.oen" means the debt evidenced by the Note. phta irnerest, any prepayment Charges and late charges due tinder the Notc, and alt sums due under this Stxutiry insttrtmeni, plus interest. (>~ "RidPis" means all Riders to this Setatriry losuttment that are executed by Borrower. The Following Riders are to be exeatted by Borrower [check box as applicable]: ^ Adjustable Rate Rider ~ COndpIDlnltml ~~ ^ Second HomC ltedei galloon Rider Q Planned Unit Developmwt Rider ®1-4 Family Rider VA Rider ^ Biweekly Payment Rider ~ OtLer(s) [spedfy] (n "APplkable Lave" means all cortdvlling applicable federal. stale and [Deal statutes. regulations, ordinaacea and administrative iules and orders (that have the effect of law) aP t••till as all applicable 6naf, non-appealable judicial opitiont. (~ "Commttttity Aesodation Duet, Ftxs, astd Asatssmenis" ttuaas all dnnt, fees. asacastnents and other charyea that are imposesi an Borrows or the Property by a cottdotninituu aerociatloa, homeowners association or similar organisation. (~ "E1et3ronlc )E1mds Transfer" tltCdtL1 any transfer of funds, other than a trattsactioa originated by i~~. ~. or sitnilaz paiper inswment, which is initiated through an e[ewnnic terminal, telephonic t, computer, or magnetic tape so as to order. instruct, or authorize a financial Institution to debit or txedit an account. Such term includes, but is not Eimited to, point-of-sale transfers, automated teller madtine traosactioat, transfers initiated by telephone, wire tratafers, and automated clearinghouse transfers. R-) "~ hems" means those items that are described in Section 3. lhQ "Misedlaneoat proceeds" toeans any compensanon, settlement, award of damages, or proceeds paid by ~Y third patty (mbar Ulan ioaln"rv proctxds paid under the coverages described in Soction S) for. () damage to, or destntction of, the Property: G7 condemnation or other taking of all or an Pr°P~; Cb) ~vryarxe in lieu of wndemnatioa; or nv mist Y Pazi of the value and/or condition of the Property. ~) ePr~tadotu of, or omissions as to, the t(he loan~ge Insnranre" meant rnsurancc protscttng ~~ ~t ~ tmnpayment of, or default on, (O) "Periodic Payment" means the regulazly xheduled amount due for G) principal and interest tinder the Note, plus (ii) any amounts.undu Section 3 of this Security lnttrtDment. r = I, L.~. -6AfPAI romp ~~ L . ` /t' Dos-e"A r.e. 2 N /s Form 3039 1101 (Page 3 of 17) (p) "RESPA" mesas the Real Eahte Settlement pr~~ ~ (12 U.S.C. Setxioa 2601 et xq,} sad its implementtng rt:~ttlanon, Regulatloa X ('L4 C.F.R. Part 3300), az they might be amended from time to titre, or any addttiottal or atraceasor legislation or regulation that Governs the same sukjep matter. As used in this Seturiry Intttument, 'RESPA' refers ttr all requiremrnta and restrictions that are ' to a "federally rtlated mortgage Ioaa• even if the loan does not qualify as a "federaltp ~~~ loan' under RESPA. (~ "Saccasor in Intt~at of Horrowts" means any Pity the >~ taken title to the Property, whether or not thaz party has assvared Borrow¢'a obligations under ibe Notc and/or this sccnrity Inurrtment. TRANSFER OF RIGHTS IN THE PROPIiRTY This Sxurity instntrttent setaues to [.ender (i) the repaymatt of the Loan, std ~4 renewals. etcteasions and modifigtioas of the Note; and ~ij the periotmwce of Borrower's covetranu and agreements under this' Severity Inattvtrtent and the Note. For this pnrpox, Borrower dos hereby rttongage, grant and convey to MERS (solely as aotnince for Leader and I.enda's strtsesaots and assigns) and W the suoceasora sad assigns of MFRS, the foilowiag described property !Dated in the County ft)'De o<R««u;»b 1„~a;euo„I SEE OEEO CUPtBERt~IttD [Name of Rerordmg rurirdietionl: which tarrsetttly has the address of 316 EUTAY AYE NEU CUMBERUi1dD i~~l f'>'roPerry Addreu'}: ICuyl. Peatirylvam ~ 17070 tztp cone! TOGETHER WITH all the improraments now or hereafter crated on the property, sad all easemettts, app aattces, and fixtures raw or hereafter a part of the property, All replaortnettts and ttdditiotu shall auo be covered 6y this Severity Instrument. All of the fo[egoing is rtdetred to in this Security 1tLitruIDeot az dte "Property.' Borrower understands and agrees that MFRS holds only legal title to the mterosts'grartted by 8tttrowec is this Stxttrlry InatrutrtetU, but, if ttecrss tntsoom, MERS (as nominee for Lender and Ltxider'a succcsson and ~ to ~Il' with law or or all of those laterals, imdud'iag~ gas} has the nghC to uacix any take any aUiom requited of Lender irtclttding~b~uttrwt limit~edt to,f releases and sell the Property; and to Instivmeat. rtrg std canceling this Savrity .. / ~~atrata~e~ te~L-G.A. f~•ri. av. a °r to Farm 3039 1101 DOSlPA 'f (Page 4 of 17) Stewart Title LEGAL dESCRIPT101J Legal description of the land: ALL THOSE CERTAIN tracts or pieces of land situated in the borough of New Cumberland, Cour:ty of Cumberland and State of Pemsylvanla, being the Northern 20 feet of Lot No_ 34 and the SouUrern 2 feet of lot Na. 33, Block "H', in the general plan of George W. ButtorfPs Addition to the Borough of New Cuml>etland, as recorded in the Recorder's Office at Carlisle, Pennsylvania, in Deed Bvak 'N", Volume 5, Page 488, and the Southern portion of 4 feet of Lof No. 34, Stock H, in the general plan of George W. Buttorfs Addition to New Cumberiand, as recorded in the above described Recorders Office in Deed Book "N", Volume f 1, Page 588, both trade more particularly bounded and described as follows, to wit: TRACT NO. 1 BEGINNMG at a point on the Western line d Eutaw Avenue, said point being 71 feat in a Southerly direction from the southwest comer of Ruby arxi C-utaw Avenues; thence in a Wesiarly direction hyaline et right angles to Eutaw Avenue, 140 feet to Pear Alley; thence In a Southerly diredton along the Easfem fine of Pear Alley 22 feet >o a point; thence in an Easterly direction 140 feet to Fartaw Avenue: thence to a Northedy 6redbn along the Western line of Eutaw Avenue 22 feet fo the place of BEGINNING, and having erected thereon the Southern half of a double two and onefialf story bride and frame dwelling house, known as No 31{i Eutaw Avenue, end a part of a two and one-half story building to the rear of the above referred to dwelling. TRACT NO. 2 BEGINNING at a paint 49 feet North°of the comer of a certain alley in Block H, end Eutaw Avenue, known as River Alley, and extending Westwardly 140 feet to a 20 foot wide alley, thence Northwardly, 4 feet to a point; thence Eastwardly through the Southern portion of Lot No. 34, 140 feet; thence Souttmardly 4 feet to the Northern line of Lot No. 34, the place of BEGINNING, having erected thereon the other part of a itinro and one-half story twitding to the rear of the dwelling referred to as 316 Eutaw Avenue in Tract No. 1, above descxil~ BEING PARCEL # 225-000fi-124 Lapel Deactlpllon (zoososaaa.+~r-w2oososa3+rz} (Page 5 of 17) BORROWER COVENANTS that Borrnwer is lawiulry seised of the cacao hereby conveyed and has the right to mortgage, grant and convey the Property and tbat the ~ ertwmbrances of record. Borrower warrants and will defend generall~r ode to th~e~~~, ~~t for claims and denraads, subject to any eacombrances of record. Property against all THIS SECURITY INSTRUMENT combines aniform eovataats far national use and non-uniform cavenanu with limital variations by jurisdiction to cot[stitute a uniform security instm~nt coveting real ProPr+ty. UNB'ORM COVENANTS. Borrower and Leadu covenant and agree az follows: 1. Payment of Principal, Inta,est, Fscrovr Items, Prelr~~ L'~'ga. and Late Charges. Bormwer shall pay when due the prurcipal of, sad interest oa, the debt evidenced by the Noce and any., P~Y~ ~gcs sad late cltargea due andez the Note. Barromr shall also pay funds for Escrow items P~+~t to Seaioa 3. Payments due antler the Note and this Security Instrunreat shall be nude in U.S. uurcncy. However. if soy. check or other instrument received by Lcadez e9 pa; t,kat tinder the Nou or this Security Instrument is returned to Lends unpaid, Leader may require that any r. all subsequent payments due under the Note and this Smttily Inctnnneat be made in ora or more of the fnllowatg forms, az selected by Lender: {a) cash; (b) money order; (c) cerdfed cheer, bank check, ttroasttrtt's check or cashier's check, Provided nay such check is drawn upon an fauitutioa whose deposits are insured 6y a federal agctrcy, instruntetuality, or entity; or {d) Elec[rottic ponds Transfer. Payments are deemed received by Leader when received at the location designated is the Notc or at such other location as may be designated by Leadtr io accordance with the notice provisions is Section 15. Leads may rcYUm nay payment or partial payarcnt if the payment or partial Payments are insufficient to bring the Loan current. bender may accept any payment or partial payment iruuffieieat to bring the Loan txrmeot, without waivcof airy rights heraurder or prejudice to its tights to refuse such paytaeat or partial payments in the future, but Larder is rqt o6ligatcd to apply wch Payments m [he time such payments are accepkd. If each Periodic Paymern is applied as of its achednled due date, then bender aced not pay interest on trrrapplied funds. Lrnder luny bold such noapplied funds until Borrower makes payment to the Loan current. IF Borrower door not do so within a reasonable period of time, Lender shall either apply such funds or return lhcar to Borrower. If not applied earlier, such funds will be applied ro the outstanding principal balance under the Natc iatmediately prior to foreclosure. No offsd or claim which Borrower might have crow or in the future against Lender shall relieve Borrower from a the Note and this Scarcity lnstrumeat or performing the covenants and ~~ P Yf ROnts due under Insotmment. t~graemeots secured by this Scwrity Z. Application of Payments or Proceeds. Except az otherwise described in this Section 2, all Payments accepted and applied by leader shall be applied in the following order of priority {a) interest due under the Note, (b) principal due under the Nate; (c} amounts due tinder Section 3, Such payments shall be applied to each Periodic Payment in the order in which it became dae. Air remaining amottau shall be applied first to late t.barges. second to nay other amounts dun taller i u: Searity Irrstrtnaent and then to reduce ~ Partcrpal balance of the Note. If Lender receives a payment from Harrower for a delinquwt Periodic Payment which includes a svfficitat ampaitt to pay any late t:hatge due, the payment may be applied to the delmgrtent payment sad the late charge. Tf more than one Periodic Payment is from Borrower to the . ~a~ ~]' apply ~Y Payment received repayment of the Periodic Payments if, and to the eatent that, each payment .~.:s-. ~ ~. rr__i~ -6AIPA1 Samar Pap.. N ie oos.aPA Form303H flat (Page 6 of 17) can be paid in felt. To the eztenl that any excess exists after the payment is applied to the full payment of one or stns periodic payments, such extxss may be applied to any lau charges due. Voluntary PmPaY~u shall he applied first to any prepayment charges and rhea a9 described in the Nou. Any application of PaYmcatta, irrstrrance proceeds, or Miscellaneous Prorxeds to prirrapal due under the Nou shall not extend or postpone the tine date, or change the amount, of the Periodic Payments. 3. Ilmds for Escrow Items. Borrows shall pay to Lerrdcr as the day Periodic Paytrunta are due undo the Note, until the Nou is paid in fall, a sum (the "Frrrda") to provide for paymart of amounts due fw: (a) taxes and az~«+.r~ts and other items which can attain priority over Ihis Security hrsunmenl rv a lies w enatarbraaa on the property: (b) lcacehold payttrems or grand rents on the Imnriumt for and all i Y, if arty; (c) soy rtsurarxe rtxluirod by Lender order Sedioa 5; and (d) Mortgage Instrratrce, Premiums. if any. w any soma payable by Borrows to [.ender in lieu o[ the paymrnt of Mortgage tuautatrce premiums is aaardanrL wiW the provisions of Section ll). These items are called 'Escrow Items.' At origination err e> any tune duriuig the term of the Loan, Lender may require that Cornnwnity Association pees, Fees, sad Assessmrnta, if any. be esemwed by Borrower, erred such duo, fees and assetsarentt shall be an Escrow Item. Borrower shell promptly famish to Lealx: all notices of amounts to be paid under rids Sec[ion. Borrower shall pay Leader the FWds for Escrow "~.rms unless Lturder waives Borrower's obligation to pay the Fustier for any or all Escrow Items. Lends racy waive Horrows's obligation to pay to Lstda Funds for any or all Escrow Items u any time. Any such waivs may only be in writing. In the event of ouch waiver, Barrows shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of I~rnds has been waived by Leader and, if leader regairsa, shall furnish to Lender reaipU t:vidarcing sach paymwt within such time period as Lender may require. Borrows'a obligation to make ouch paytgrnts and to provide receipts shall for all purposes be deetttcd to be a covenant and agreement confained in this Stxurity Insttttmetrt, as the phrase 'covenant erred agceemcttt• is used in Section 9. If Borrower is obligated to pay Escrow ItemT directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Esaow Item. Lends may exercise its rights utrder SeGion 9 erred pay such amount and Borrower shall they bC obligatod under Section 9 to repay to Lender any such atnount_ Lender may revoke the waiver as to arty or al] Escrow ]teruc at any time by a notice given in accordance with Section l5 and, uptxi such mvoeati0n. Borrows shall pay to Lender all Funds, and in such attrrnmu, that are then squired under this Seedon 3. Lender ~Y, at any time, ooileU and hold Feuds in an amount (a) sufficient to permit Lends ro apply the Funds at the dtnc apecifled under 1tESPA, and (b) not to ezoecd the maximum arngW a ]ends can require ands iRFSPA. Lender shall estimate the amamt of Funds tine on the basis of concert data and reasonable estimates of expenditures of futon Estzow Itcma or otherwise in accordance with Applicable law. The Funds shall be held in an instiuuion whose deposits arc insured by a federal agency, inspmnentality. or entity (inchtdirrg Lender, if Lender is an institution whose deposits are ao insured) or in any Ftdaal Home Loan Hank. Lends shall apply the Funds to pay the Escrow Ilemc no lua than the time specified uada RFSPA. Lerrdcr shall not charge Borrower for holding and applying tier Funds, annually analyztrtg the escrow aerator, or verifying the Escrow Germ, ttnlrss bender p•.) a Borrows inh:rest on the Funds and Applicable Law Permits Lender to mate atrrh a charge. Unless an abteanetu is made in writing w Applicable Law requires interest to be paid on the Funds. Lender shall not be sgtured to pay Borrows any interest or earnings on the Ponds. Borrows and Lender can agree in writing. however, that inures[ a (Page 7 of 17) shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual aarowuing of the Ftmds as required 6y RESPA. If there Is a surplus of Funds held in wcrew, as defined under 1tESPA, Leader shall accannt to Borrower for the excess funds is atsrordance with RESPA If Were is a shortage of Funds held iq escrow, as defiood under IZFSPA, Lender shall rw6ty Borrower as required by RESPA, and Borrower shall pay to Lender the amomt necessary to make up the shortage is accordance with 1tESPA, but in m more than 12 ~~-Y payments. If then is a defdcnry of Funds held in escrow, as defined under 1tESPA, Lender shall notify Borrower as required by RFSPA, and Botrowa shall pay to Leader the amount necessary ro make up the deficiency in accordance wilt 1tESPA, but iq m more Wan 12 monthly paymeNs. Upon ptrymntt in frill of all sums severed 6y Wis Serauity Instrtmreat, Lender shall promptly refund to Borrower any Funds held by Lender. . 4. Charges; tt.iens. Bortpwcr shall pay all tazrs, aucssmrua, charges. hare, and impositions attr'butable to the Property which can attain priority over this Security Instrument, leaseho)d payments or ground rrnts on the Property, if any, and Community Assaciatioq Dins, Fes, and Assesamerus, if any. To the ezteM that these ltaas are Escrow Items, Borrows shall pay them in We manor; provided ;n Section 3. $orrower shall promptly discharge any lien which has priority over this Security Insttumrnt uelas Borrower. (a) agrees in writing W the payment of We obligation atxurcd by the lien in a manner aaeptable to Lender, but only so long ru Borrower is perfoctning such agreeman; (b) contests the lien iq good faith by, or defends against enforcement of the lien in, Legal proceedings which is Lrxidcr's o inion prevent the enforcanent a[ the lien while these proceedings are p operate ro arc concluded; or (c) secures from the holder of the lien an p~tn8. but c~,ly until such proceedings agreergertl satisfacu,ry ro Lender subordinating the lies to this Security hrstnrrneat, If Lender determines that arty part of the Property is subject to a lice which can attain priority ova this Security Instrtamcat, I.egder tray give Borrowtx a notice identifying the lirn. Within 1l] days of the date on which Wet notice is givrn, Borrower stall satisfy the lien or take one or more of the actions set fonh about is Wis Section 4. Lender may require Borrower to pay a ono-time charge for a real t6late tax verification and/or reporting service used by Lender lq coaaxtion with Wis Loan. - 5. Property Insurance. Borrower shall keep We improvtatcats now existing or hertxfttx erected on the Property insured against Ioss by foe, harards included within the rum `cztettded covaage,' and any other hazards inGuding, but not limited to, earthquakes and floods, for which Linda requites insutatrce. 'T'his insurance shall be mairrtalned in the amognts (occluding deducible ]curls) and for the periods that L.ender requires. RWat Lrttder tegtrires pgrsuant to the prccodiag sentetxes tsn clunge during We tam of the Loan. The insurance carries providigg the lnstrrarece shall be chosen by Borrower aubjocr to Lender's right to disapprove Borrower's choice, which right shall trot be ezerciaod rmrt:asonably. I.errder tray require Borrowu to pay, in connection wiW this I.Oaq, either. (a) a one-time clmrge for flood zone deturoigation, tsnificatioa oral tracking services; or (b) a one-time charge for flood zone determination and catifrration services aced subsequent charges each time remappings or similar rhaages oaur which rrawnably might affect such determination or artlfiptioa. Borrows shall also be responsible for the payment of airy fns ir[groscd by We Federal Emprbeary Matutgement Agency is connection with We review of azry flood zone determination rewlting from as objecaoq by Borrower. (r- .~ -6A(PA3 M7001 ~4IY:/~ ~ ~ + "gi6ir'a Form 3039 )rot nos-era (Page 8 of 17) If Harrower fails to maintain any of the coverages duttibod above, leader may obtain ieertranrv eovetage, at Lertdu's option and Borrower's ezpeasc. Lender is andu no obligation w ptnchase Particular type or.amtwm of coverage. 'Therefore, such coverage shall cove Lender. but mlgltt w naght trot protect Hoaowa, Borrower's equity in the Property, or the contents of lbe hared or liability sad might provide ~`~ against ~Y risk, acknowledges that the cost of fhe inwrancer ~ I~ coverage than was previously in effect. Borrower coverage so obtained might sigttifiwntly exceed the cost of utsurartce that Borrowtt could have obtainod. Any amounts disbursed by Leader ttndtt this Section S shall become ttdditionaT debt of Borrower sxrued by this Security Instrument. 7'hcse amounts shall bear interest at the Note rate from the date of disburscmeot and shall be payable, with such imerest, n I.endtt to liorrowu requesting 1~Ymertt. I~ notice from A!t iestaaace policies required by Lender and reatwals of sudt polities shall be subject to Leader's • right to disapprove such policies, shall include a standard mortgage clause, and shalt rmrtte Lender as mortgagee and/or as an additional loss payee. Lender shall Nava ()x right ~ hold the polities and renewal certificates. If bender requires, Borrower shall promptly give to Lender all ttxeipu of paid prcmiutns and renewal nndcxs. If Borrower obtains arty form of insurance coverage, sot otherwise required by Lender, for damage to, or destruction of. the Property. ouch policy shall include a standard tmrtgage rlattsc a~ shall name L.endetat mortgagce and/or as an additional foss payee. fa the event of loss, Bormwu shall give prompt notice to the insurance carrier sad Lender. leader ~Y tnakn proof of loo if not iriade promptly by Bomower. Unless Lender and Borrowu otherwise ~u in writing. arty insttran« proceeds, whether or ~t the uriduiying ittsttran« w:•a required by Leader, shall ix applied to restoration or repair of the property, if the restoration or repair is economically feast'1-ie and lender's atxurity is not lessened. hold such irtttrraace ~~g such tr~air tool restoration period, Irnder shall have the right to proceeds udtil Lends has had an opportunity to inspect such Property to ensure the work has been completed to I.ettder's aatisfactitm, Provided that such inspection shall be urderlaken Promptly. Coatis may disburse proceeds far the repairs and restoration in a single payment or in a series of progress prymeats as the work is completed. Unless an agmmatt is atade in writing or Appliabk Law requires interest to be paid on such inatrrattce Proceeds. Lerxltt shall not be required to pay Borrower any imertst or earnings on such proceeds. Fees [or public adjusters, or other third parties, rctaincd by Borrower shall not be paid out of the insuraatt proceds and stall be the sole obligation of Borrower. If the rtxtotation or repair is not economically feasible or Leader's setatrity would be lessened, the insurance proceeds shall be applied to the scans secarcd by this Security Instrumem, whether or not then due, with the oxcart, if any, Paid to Borrower. Such inwran« ptu«eda shall be applied in the order provided for in Section 2. IF Bormwu abandons the Property, Lends may Tile, ttego6ate 'sad settle any available iavncatrce claim and rotated matters. If Bturower does not respond within 30 days to a notice from Leader that the insutartcc terrier has offerW to settle a claim, then Leader may negotiate and settle the claim. The 30-day period will begin when the aod« is gives. Ia elthcr event, or if Leatder azquires the Property under Seetioa 22 or otherwise, Borrower hereby assigns to Lender {a) Borrower's rights to any insurance proceeds in an smouat rat to ezeeed the amounts nngraid trader the Note or this Srxwity Ina,,...t.nt. and (b) say other of Borrowtt's rights {other than the right [c arty refund of unearned premiums paid by Borrower) under atl insurance policies covering the Property, insofar as such rights are applicable to the wruagc of the Property. Leader a,ay uu the ;ttsttraaee prtaceedt either to repair or reuore the Property or to pay amounts paid trader the Note of this Security Iastrutneat, whether or nol Then due. ~.~ R ~~tiA1PAl gzoet Lc.y , . cos-er., r.,, r r t e Form 3038 1101 (Fage 9 of 17) 6. Occupancy. Borrower shall occupy, espblish, sad use the Property as Borrower's printipal residence within 60 days after the ezewtion of this Security Instrumem sad sha11 continue to occupy llre Property as Borrower's principal residence for at Mast cute year after Ute date of occupancy, ualesg Leader otherwise agrees en writing, which roasat[ shad not be unreasonably withhold, or unless extenuating edrntautaatxs eaisi which are beyond Borrower's enntrol. 7. Preservation, Matatrnanex and Ptrotadiem of the Properly; destroy. damage or impair the Pro . Borrower shall trot perry, allow the Property to deteriorate or commit waste on the Property. Whether err sot Borrower is residing in the Property, Borrower steal! tnaitrtaia the Property is order to prcvrnt the Property from deteriorating or dexreasing in va[ue due to its condition. Udese it is detexmirted pursuaru to Sexxion S that repair or restoration Is not exonomimlly feasible, Borrower tdrail PromPdY repair ~ Property if dataagest to avoid furtbcr dtxaioration or damage. If irwtrance or' coademnarion proceeds azc paid in connection with damage to, or the taking of. the Property. Borrower shall be responsible for repairing or rtxtoring the property only if Leader has rdeued proceeds for weh [~p~a• undo may disburse proceeds for the repairs and restoration is a single payutent of in a series of Progress payme:ats as the work is competed. If the insurance or condeatnafioa proceeds are sot sufficient to repair or restore the Property, Borrower is trot relined of Borrower's obligation for the complaiou of such repair eu restoration Lender or its agent tray ,make reasonable antics upon and irtaltex[tons of the Property. if it has reasonable cause, Lender may inspect the interior of the improves on the Borrower notice at the time of or prior to such as interior on s ' ~~ shall give 8. Borrower's Loan ~t P~~~g sorb reasonable cause, AppltcaGea. Borrower shall lx in default if, during [he Loan application process, Borrower or any persons err entities acting az the direction of Bo-mwer or wilt Borrower's knowledge or ebnxnt gave matedially false, misleading, or inacntraze iafomm;`oa or statemtents to Lender (or failed to provide lender with material infomtatioa) in connection with the Loan. Material representations iceIude, but are not limited to, represeetatioat concerning I3otrotva's occupancy of the Properly as Borrower's ptisrcipal residence. 9. 1'rolWfon of Ixnrter'a Interest in We Pmpaty and Rights Under this Saurity Iastrtmtetot. If (a) Borrower fat7a to perform the covraaats sad agreeatettta contained in this Security Inurutnent, (b) [heat: is a legal proceeding that might aigni6exmly affect Leader's mtuest in the this Security Instrumctrt (such as a protxedin to Propertp and/or rights under g ~PtcY. Probate, for condemnation trr forfeiture, for enforcement of a lien which may attain priority over this Sexatrity Insaumeat or to ea(orce laws or regttlatioas), oc (cj Borrower bas abarrdorred the property, rhea Lender trey do and pay for whatever is reasottablc or appropriate to Protect Lender's imerea io the Property and rights under this Severity Insgvmrnt, including protecting and/or as9esairrg the value of the Property, and sea;tuiltg and/or repairing the Property, tinder's «ctioas tin include, but are sot limited to: (a) paying any sums secured by a live which has priority ova this Security Iruhutnent; (b} appearing in court; sad (c) Paying reasonable aaorrteys' fees to protect its interest in the Property and/or rights under this Security 3rtttttrmau, including its saurod poairion in a bankruptcy Proceeding, Securing the Property itrcludes, but is not limited to, entering the Property tD ma1CC repairs, for loch. replace or board cep doors and wl~odows, drain water from pipe, e[imiffite building or other code violations or dangerous wnditions, and have utilities t»med on or off. Although under may take action under this Section 9, Lender does cwt have to do so and is not under arty duty or obligation to do ao. It is agrexd thaz lender 111C1aE 110 liability for not taking any or all actions audtorized under this 5txtim 9. f~-6AfPAI ro~ueo ~ ~'k:=~~ ~~~~ ~ re. s.r rs Form 3039 11U7 ooser~ (Page 10 of 17) Any amounts disbursed by Lender [rods this Section 9 shall become :,i.!itiottil debt of Borrower socuted by this Security Inatrutrtent. 'these amounts shat! bear iattrest at the iVote ctte from the date of dishctrsemcnt and shall be payable, with such interest, upon notice from Lender to Borrows requesting WY~• If this Security Insttumerct is an a leasehold, Borrower shill comply with alt the provisions of the lease. If Borrmvcr acquits tee title to the Property, the leastdtold and the fen title shall not tr~ge ntilesa Lender a$7oes W the ntarga in writing. ltl. Mortgage Insurance. If I,acder required Mortgage Insurance m a condition of malting the Loan, Borrower shall pay the prtaniuttu required to mvnuin the Mortgage Insurance in effect. If, Ear any reason, the Mortgage Inrnranoe mvengr: required 61' bender oeasas to be available from the mortgage insurer that P~a+s1Y Provided such inatrana and Borrows was required to [Hate sepazazdy desiptatad payments toward the premitttns for Mortgage Insurance, Borrows shall pay ~ resnnrms wvers~gc substantially equivalem to the M ~ P requited to obtaitt" ortgag Ltsurantx previously in effect, az a oust substantially equrvattmt to the cost to Borrows of the Mortgage Luuranoe previously ~ td•6eU, from an altaaate mortgage itcsurer sdocted by Lender. If subatatctially equivalent Mortgage Ittsctrance covtYagc is not available, Borrower shall continue to pay to Lender the amotmt of the acpatatdy designated payttrents that were doe when the insurance cwaage ceased b be io effep. Lender wiU accept, use and retain these payments as anon-refundable loss ttxtrve in lieu of Mortgage In~ra~r<.. Sltch loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultiruately paid in fiill, and Isnder stall troy be required to pay Borrower any imsrest or cerdRga an etch toss reserve. Larder can rro longer tcquirc loan reserve payments if Mortgage Inturatcce coverage {in the attwnin and for the period that Lender regttirzs) provided by an insurer relaxed by Lender again becomes available. Is obtained, and Lender requires a<P~dY desigttazcd Payments toward the premiums for Mortgage Ltsttrantx. If Lender requited MoAgage Ltsurance as a candidon of mating the Loan attd Bortnwer was rtxryittd >o make sepmratdy designated PaY>nents toward the premiums far Mortgage Insuratxx, Borrower shall pay the premiums tegttired to tttainrain Mortgage Insuratrrx ih cffea, or to provide anon-refundable loss reserve, utuil Leader's requirement far Mortgage Insurance cads in aarordarttz with any written agrecxeot between Borrows and Lender providing for surh termination or [trail termination is required by App,'uble Law. Nothing in this Section 10 affects Bortowcr's obligtuion to pay ittterrlt az the rape provided in the Nom. Mortgage ~~ reimburses I.enda {or any entity thaz Purchases the Note) for certain losses it may incur tf Bonowa doer not repay the Loan as agreed. Borrower is not a parry to the Mortgage Instaaoce. Mortgage insurers evaluaze their total risk on a!1 such ittsurattce in force from tithe to dine, and may otter in[o agreemema with other parties that share et [[codify their risk, or [educe losses. These agreements arc on tercets and conditi'ant thaz are satisfactory to the tsmttgage insurer and the other these agreements. These I'~Y {or par0es) to agrearteots tray require the rnorigage itcsttrer to make paymaaa using arty solace of futtda that the mortgage losers stay Nava available (which tray include funds obtained from Mortgage Insurance Pribmutns). As a result of these agreements. header. atry purclcaser of the Noa, anoths insurer. any reutsurer, any other entity, or any affiliam of any of the foregoing, may receive (dimply or indirectly) amounts that derive from (or might be characterized az) a portion of Borrower's payments for Mortgage Itmttatcce, in uchaoge for stcatiag or modifying the mortgage insurer's risk. yr rtaittcin provide that an atTiliaze of Lender glosses. If such agreanent takes a shale of the issuer's risk in exchange for a share of the prenutuns paid to the irtsura, the arrangement is often tamed 'captive rrrrtsutaztrs.' Further; {a) Any ineL tcgrtxmtmts will not affect the amormb that $orrower Loa agreed to pay for Borenw~ will~p~ j4r°Iy~~ga~s~~~ ~d t~L~ will°ootamt~iUe Borrowlrr to an de amount wre~ ~'~ -0AIPA) tome[ ~ -p. a of fa tarsar~ Foam 31)39 1/01 (Page 11 of 17) Mortro) ART such agrzrmatta wfll mt affect the rigLts sorror.er Las - a any - .rath respect w the gag htsur9srce tinder the Homeowners ptvtection Ad of 1998 or any other law. These rs tnay tnclude the right to rscdve certain dFsdostrces, to request and •t-taio eancellat[on o ~e Mortgage Insrance, to have the Mortgage Insurance terminated automar'~11Y, aadlor to reedve a refund of nay Mortgage Lmtranee prsnilmau tLat were unearned at tLe time of atrch camceBatioa or terminatloa. 11. Assignmerrt of MisoeDaneom proceeds; Forfeiters. Ail Mirceganeous Protxeda are hereby assigned to and shall be paid to Lender. If the Property is damaged, surds Miacdlaneous Pooeeds sludl be applied to restoration or repair of the Property if the restoration or repair is economically feasible and Leader's sepuiry is not lessened. During such repair and restoration period, (ender shat have the tight to hold such kvlisceUatteotrs Proceeds until Leader has had an opportunity W inaptxt such Property to ensure the work has been colleted lo` I.eadcr'a satisfaction, provided that such inspection shall be tmdcrialten repairs and restoration in a s e Pro~Y- Lender may pay for the cotapleted_ Ualesa an agmeraent is mado~~-m writs t a ~ a series of pmgteu payments as lice wort is Miscellaneous Proceeds l.errder shall rtot be r ngr~Atopplicable Law requires interest ro be paid on such Misceilaaeoas Proceeds~Ifthe restoration m ~ Pay Borrower any interest or earnings on such be Ieasened, the Miscellaneous Proceeds sball~r rs r~ ro ~ ~y feaable or Lender's security would whether or not then due. with the excess. if any, p a to Borrower. Sue~h Mascellaaoouss Pnroceeds shall be applied in rho order provided for in Section 2. In the went of a total uiking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the mars segued by this Security Iasttumuent, whether or not then due, with the excess, if any, paid to Borrower, 1n the event of a partial laling, destruction, or loss in value of the Property in which the fair maztet value of the Property i ~•riar~ty beforr;.[he partial rating, destntepon, or loss in value is equal to or greater than rho amount of the sums secured by This Security Instntmeru immediately before the partial taking. dtutrucdon, or loss in value, unless Borrower and Lender otherwise agree in writing, the turns secured by this Stxurity Instrutrient shall be raduced by the aasotmi of the Ivliscellaneons Proceeds multiplied by the following fraction: (a) the total amount of the gums scctncd immediatdy before the partial taking. destruction, or loss in value divided by (b) the fair matt value of the Property immediately before the partial taltirtg, deswcpoa, or loss in value. Any balm aioa116e paid ro Borrower, In the event of a partial taking. destruction, or loss is value of the Property in which the fair market value of the Property immediaWy before the partial taking destruction, or loss in value is less titan the amount of the soma aattrcd immcdiaWy before the partial rakr»g, destruction, or loss in value, unless Borrower and Lender otherwise agree in wridag, the Miscellaneous Proceeds shall be applied ro the soma accrued by this Security Iastrutttem whether or not the soars aze then due. If rho Property is abandoned by Borrower, or if, after voice by Linder ro Borrower drat the DPP~nt& Party (as de5md in the next sentura) offers ro tmke an awanl to settle a claim for damages, Borrower fails ro respond to Irndrr within 3Q days after the rkate me notice is given. Linder is authorised to collect and apply the Miscellaneous Proceeds either to restoration Dr repair of the Property or to the soma secured by this Security Instrument, whither or not then due. 'Opposing parry" mcarrs the third party . that awes Borrower Miscellaneous Prooeeds or the party against whom Borrower has a right of anion in regazd to Miscellaneous proceeds _Bocmwer shall be in default if any action or proceeding, whether civil or tximinal, is begun that, in t'neQester' in the~nt, could result in forfeiture of the property or other makrial impairmrnt of leader's accdctation has ~~ ~ tights under this Security Insaumem. Borrower tin cure such a default and, if ocacrred, reinstate as provided in Section 29, by causing the action or proardirtg to be -6AIPA) greet Rys 10 of 1E non-erx ~~ 3038 11111 (Page 12 of I71 dwaiaacd with a ruling that. in Lcttdu'a judgment, preclude forfdwre of the Property or otiru material irnpaimxat of Leader's interest in the Propraty or rights under this Security Instrument. lye proeoeds of any award or claim for datmgea that are attributable to the hrtpairnteat of feadu's interest in the ate hereby assigned and shall be paid to Lender, P°°peC~' All Itstaceltaaeous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Sation 2. - 1Z. Borrower Not Rekaa~; Forbearance Sy Ltmdtr Not a Waiver. Yattettsion of the time for payment or modificazion of amortiration of the sums seared by this Security Iastrtsmsrtt granted by lerdtr to Hoaower or any Successor in Imarrst of Horrowu shall sot operate to release the liability of Borroter or any ~r«essors in Interest of Bomowa. Lender shalt not be ttogrorcd to commence proceodiags against arty Sltcoistor in Interest of Borrower or m refuse m extend time for payment or othuwise modify.. amortization of the sums secured by this Searrity Iaatrttruent by reason of any demand made by the original= er or any Successors is Interest of liarrowrx, Aay forbeatana by fender is exudaIag say right or y including. without limitation, Lender's am'~_ of payments from third persona, cntitia o: Stucxssora in Interest of Borrows or in amount, lus than the antormt then due, shall not be a waiver of or preclude fhe exercise of say right or remedy. 13. Joint and Several Liabt7ity; Co-stgaers; Successors sad Assigns Bound. Borrower covenants aced agrees that Borrower's obligations and liability shall be joist and seven!. However, any Borrower who co-signs this Seauiry instrument but does not execute the Note (a "co-signs'): (a} is co-sigmrrg this Security Inattumeat oNy to mortgage, great aqd convey the co•aigna's inurest in the Property tinder the terms of this Security Instrument: (b) is not persomlly obligated m pay the trans secured by this Seauity Instrument; and (c) agrees that Lendu sad arty othu Borrows can agree m extend, modify. forbear or make say accomtaadatioos with regard to the luau of this Sxutiry lattmtnent or the Note without the co-signu'a consent. Subject to ttte provisions, of Section 18, any Strccessor is Interest of Horrowu who azsuma Borrowu's obligations itader this Security InSirtnnan in writing, and is approved by Lender, shall obtain all of Horrttwa'a rights aced beacEru undo this Security ltrstrumeat. Borrower shall nor be released from Borrower's obligations sad liability under this Searity Irtstrumem utiless Lender agrees to sttch release in writing. The covenants sad agrcementa of this Seauity Imttumeat shall bind (ezcgx az provided in Section 20} and benefit the successors and assigns of Lendu. 14. Loan Charges. Lender may charge Borrower feu for services performed in connection with Borrower's default, for the purpose o[ pmtatiag Lender's interest in the Property and rights under this Security Iastrttatent, ittcluditrg, 6ul sot limited to, aaorneys' fees, propeny is Q-cation a~ valuation fens, Tn regard m soy other fees, the absence of express authority in this Security Ins.rrtroent to clwrge a specific fee to Borrower abaU sot be cottsaved az a prohibition on the charging of such foe, lendu may not charge fees that are expteaafy prolnbited by this Security Instrumrnt or by Applicable Law. If the foam is subject W a law which sets maximum loan charges, and that law is finally interpreted so thaz the interest or othu loan charges collected or to be collated is ainaectiwt with the i.oaa exceed the permitted litaiu, rhea: (a} arty such [omt charge shall be reduced by the amount necessary to reduce the charge to We permitted limit; and (b} any sums already wflated from Borrower which exceeded permitted limits will be rcfooded to Borrower. I.endQ may dwose m make this refund by reducing the P~PaI owed tttMer the Note or by making a direct payttreat ro Borraaec. If a refund raluces reduction will be ireazed as a paatial prepaya~rrt without an rat charge (whethu orattotha ptepaymeat charge is provided for ands the Note ,Borrowers PrcPaY~ dircu } aaeptana of any such refund static by payment m Borrower will txmstituu a waiver of arty right of action Borrower might have arising twt of such overcharge, IS. Notices. All notices givar 6y Borrower or Lender in comxctian with this Security Instrument most be in writing. Any notice to Barrowu in amnection with this Scattily Instrument shall be deemed to -6AtPAI ping ry.lldle ooserw Fain 3a39 1101 (Page 13 of 17) i ~ ~ have ban gives to Borrower whey mailed by first doss mall or when actually delivered a Borrower's notice address if sepl by other means. Ntrtice to any one Borrower shall coeutitute notitx to all 80I7awera uatess Applicable Law expressly requires otherwise. The notice address shall be the Properly Address artless Borrowor bas designated a substitute notice attdtess by notice ~ I.ender_ Borrows shall promptly notify Lender of llorrt»ver's change of aiddress. If Lends aptxdfies a procedure for repotting Borrower's dmage of address, rhea Borrower shalt only repoa a change of address through that sp<ci5ed prercedtme. TJrxe may 6e only om designated ratite address under this Security L~sbtrmeat ai any ant time. Aoy notice to Lender shall be gives by delivering it or Icy mailing it by freer days mail to Lender's address stated herein unless Linda bas designated another address by notiex to Barrawa. Any tatlce in coancction with this Security Insnument shall trot 6e deemed to have beat given to Leader until actually received by Linder. If any notice tegvirtd by this Security Instrument is als•: •egrtired under Applicable Law, the Applicable law requirement will satisfy the corresponding xequi, Caen[ under this Security Inutrument. 16. Govt7aing Lax; Sevr:rablltty; Rules of Coastrudion. This Security Inswaent aball be governed by federal law and tIu law of the jurisdiction in which the property is lowtcd. Al] rights and obligatloas oomained in this Sexurily Imtturtteat are subject to spy regttirematts and limitatiwts of Applicable: l,aw. Applicable Law might ezpliaUy or implicitly allow the parties to agree by contraq or it might be silent, but such silence aball sot lxi construed as a pro>u'bitioa against agrament by contract. In the everu that any provision or clause of this Severity Instrument or the Note conflicts with Applicable Law, such coaflic{ shall ~t aBeu other provisions of this Security Inatnrmcnt or Ibe Nate which can be given effect without the conflicting provision. As usod in this Seorriry Irrsuuareat (a) words of Ure atasadinc geode shall meap and include correspondirtg aeueer words or wards of the feminine gender; (b) words in tlrc singular shall mesa and include the plural and vice versa; sad {c) the word 'may' gives soli discretion without any obligation to take any action. 17. Borrower's Copy. Borrows abali be given one cePY of the Note and of this Stxtttfty Iattrtmreot. 18. Transfer of the Property or a Bmrgctal Interest in Hornorver. As used is this Section 18, "Interest in the Prpcrty means say legal or beoefidal interest in the Property. inctudiag, but not limlud to, those barefrcra1 inretsats transferred is a bond for deed, coattact for deed, ituxallmeat sales contract or escrow agreement, the intent of which is dte traasfa of title by Borrower at a future daft m a purchaser. !f all err any part of the Property or arty Interest in the property re sold or transferred {or if Borrows is sot a natural person and a beneficial interest in Borrower is sold or transferred) without header's prior written consem, lender nay require iratrrediate payment in full of all sums stxured by tl»s Security lerstrumem. llovvever, this option shall not tx exercised by Lender if such exerdse is prohibited by Applicable Law. If Lender exorcises this option, lender shall give Borrows notice oC acceleration. The nodee shall provide a period of ear less than 30 days finrrt the dau the entice is given in ttrxnrdance with Section 15 within which Borrows tearer pay all auras stxured try this Sextnity Instrnme K. If Borrowor fails to pay these sums prior to the eapiratioa of this period, I.errder may invoke any ianediea permitted by this Security Instrument without fuethes ibtia or demand oa Borrows. 19. Bortvwv'a Rlghl to Reiaetate After Atxdesatlem. If Borrows meets t:ertain conditions, Borrower shall have the right m have mforoemeat of Chia Security lasntrmart tfiscoatinued at envy time Prior W the extiieat ot: (a) Eva days before sale of the Property putsaaot to say power of axle contained in this Security Instrumem; tb) sack other period az Applicable Law might spesafy for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Secttrity lastrument. Those conditions arc that Borrower: (a) pays I,eoda a!t sums which rhea would be dtte tinder this Sexvriry lastrument and the Note as if no arXelcration had occurred; (b) rsrres spy default of any other covenants or t~ •6A(PA1 {020W Pap, 12d 1fi oe¢-eP~ Form 3039 1ro1 d (Page 14 of 17) agr~n~. (c) P~ all expenses inemted in enfoteing this Severity Instrurrttatt, including, but not limited to, reasonable attorneys' fees, Properly itrsptxtion and valuation fees, and outer fees incnrred for the purpote of protecting Lettder'a interest in the Property and rights render this Savrity Itrstntmwrt; and (d) totes such action as Lender may reasonably require to assure tint Leaderb imerest in the Property sari rights undo this Setartiry Intauumcnt, sari Borrower's obligation to pay tlrc puns secured by this Security Insmtment, shall continue tutchanged. Ltada may require that Borrower pay such niastatanent arms and expenses in one or store of the following forms, az selected by Leader: (a) east; (b) awoey order; (c) certified check, bank check, treawrer's check or cashier's check, provided any such check is drawn upon as institution whose deposits ate insured 6y a federal agency, ieum..=.~rot:ty or entity; or (d) dxtronic Punds Transfer. Upon reinstaumeai by Borrower, this Security Instrument and obligations secured hereby shall remain frilly effective as if no accetentioa had .occurred. FIowcver, this right to reimtate shall not_.. apply in the case of acceleratios order Section 18. 20. Sale o[ Note; Change of Loan Savica; Notlee of Grievances The Note or a partial irtarest in the Note (toge~cr with this Security InsRUmertt) tan be sold one of mare times without prior notice to Borrower. A sale might result in a change in the entity (kaowa az the "Loan Strutter") that collets Periodic Payments due under the Nok and this Setxrrity Iastrwrcnt and pe t~mrs other mortgage loan servicing obligations under the Note, this Severity Iostrurnent, and Applicable law. There also might be one or more changes of the Loan Savicer undated to a sale of the Nate. If there is a change of the Loan Serviccr, Borrowet'wil! be given written notice of rite change which will atom the Warne and address of the new Loan Servicer, the address.to which payments ahadd be made and amr other information RESPA requires in eonneetion with a ttotia of transfer of servicing, If the Mote is sold and thereaRer the Goan is serviced by a Loan Servicer other than the po[¢haser of the Note, the tnottgage loan servicing obligazions to Borrower wi13 remain with the Loan Srxvicer or be transferred to a sucorssor Loan 5ervicer sad are not assumed by the Note purchaser unless otherwise provided by the Notc purrlnser. Ndther Borrower nor Lendlr may commence, join, or be joitted to say judicial action (as eithtr an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges thaz the other party has breached any provision of, or arsy dory owed by mason of, this Security Instrumcat, until such $orrowv or I.eadcc has rrWified the other parry (with such entice given in catrrpliauce with the trgtt{rtmeab of Section 15) of such alleged breads and afforded the other Pte' hereto a rcasortable period after the giving of such notice to lake corrective action. If Applicable Law provides a time period which roust etapse lxfore ccaiain a~tioa can be taken, tltat time Period will be dcemed to be reasonable far patposes of this paragraph. The notice of acceleration and opporvuury to cure given to Borrower pursuant to Section 22 and the notice of accelerarion given m Borrower pursuant to Seetian I8 shall 6e deemed to satisfy the entice and oppo~nnity to talcs corrective anion provisions of this Section 2t?. 21. Ha>,ardous Substances. As usod in this Secrion 21: (a) 'Hazardous Substances" are those substances detned as toxic err hazardous substances, pollutants, w wastes by Envimmaerrtat Law and the following substances: gasoline, kerosene, other flatrunable or tout petroleum products, tonic pesticides aW herbiades, volatile solvents, materials containing asbestos or formaldehyde. and radioactive materials; (b) "Eavitoamcntal Law' means federal laws and laws of the jnrisditxion where the Pcaperry is located that relate to health, safety or mvirotrmenW pmtectioa; (c) 'EavironmenW Cleanup" inchrdes any response action, remedial action, or removal action, as defined is Environmental Iaw, W~td (d) an "Environmental Condition" noeanv a condition that can cause, contribute to, or otherwise trigger an Envirotunetrtal Clearrrip. r Pa. a rt t a Farm 31139 1101 Dos-!~A (Page 15 of 17) Borrower shall m{ cause or penmt the presence, use, disposal, storage, or reease of any Hazardous Subssmances, of threaten to release any tiarardotts Substances, on or in the Pr . Borro{ver ahau not do, low anyone else to do, anything affetxiag the Property (a) that is in riol~adoa of coy Bnv'uoumctttal (b) whtch orates an Fnvironntcnpl Coition, or {c) which, due to the presettee, use, or release of a Hazardous Substance, erwtes a coadiUtm that adversely affects the value of the Pr The preceding two sentences shall mt apply to the pneaence use. or ato con the Hazardous Substances Usal are ggeaerallp repognized to 6e ~ o ~1 tlusotilits of maituenatrce of the Property (tncludin , bu{ aPProPriatt to mrm residariial uara and to Borrower shall ro U g not limited to, haza<~d°us substances in coasunter produgs). or other salon b p ~ Y 8i~ ltttder written notice of (a) any investigation, claim, demand, lawsuit Y rnY governmental or regulamt agency or ppnnvate party mro[ving the p end m Ha~aordnus Subspace or Bnvirotutremal Law of wludt Bortuwer has aetnal looowkdge; (b) any Environmental Condition, including but aot limited to, any apUling, leakiaig, discharge, release or thrtat of rdease of any Harardotrs Subspae, and (c) any oondiuon caused by the prrsence, use err release of a' Ilazerdatts Substance which adversely affecp Uu valor of the A'~Y. It Borrows teams, or is notified by any govemmmtal or regulatory authority, of any private party, that asy removal or other rcmcdiation of any Hazardats gythstance affecting the Property is necessary, Borrower shall promptly tape all treoessary raocdial scions in accordaaoe with Eavirontrtental Law. Nathiag herein shall create any obligation on Lender for an Enrironmeatal ganup. NON-UNIFORM COVENANTS. Borrawv and Lender further covenant •~od trgree az follows: 22. Aeceteratwn; Remedies. Lt'ttder shall Sive notice to Borrower ppnnar to accdernlion following Botromr's 6rea~ o[ arty covenant or agnemmt in this Smrrity firstrom acaleratlon under Section 18 onle~ Applicable Law ride mt (but cot prior to Borrower oP, among other things: (a) the default Pro otha7rtse)' Lertdc shall notify the defaaU must be eurwl; and (d) that fallureh b ~ dnlt ~~ the default; (c) whm aorileraffon of the snort scarred by this Security Lrstrvmmt f peti8ed may result in sak o[ the Prapety. bender shat! farther inform Borrower of ~oreclosuse by Judklal prooeedlag and and the r,xht to assert to the foreclose tight t° rebu~tate afta~ aeoelentlm defense of $orrower to atctxlQaaon ana torahgthe def~aulc In c n~ct~ q~ ~ Lord ~at its option may require immediatt ppgymmt in [tUl of all arms sxared by this Seattity ~rrstrummt without [uriher demand cad may fort:doae this 3cctsrity lnsh'nmmt by judidal Proceeding. C.mder shall be mGtled b eoIIeet all e:pmses iacurred'm purstmrg the remt~es provided is this Section 2Z, heeluding, bat not limited to, attorneys' fe® and costs of title evldt~a to the txtest petnthted by App6o61t Lax. cad the espm~conv torn PaY~ of all sums scented by Utis Stxurity Instttmuent, this 5uatriry lnsuumen! and saris this S~ shall termittatt and 6eooarc void. After sack oaztrreoce, loader shall discharge fY ty Instrument. Borrower shall pay any zeooMation costa. Lends may charge Harrower a fee for zeleascag this Seauity invrn,mrnr but only if the fee is paid io a third patty for services tendered cad the chargmg of the fee is permitted under Applicablt [aw. 24. Waives. Borrows, to the extetrt )taatitted by Applicable Law, waives cad ndcasa arty error or defects in proceedings to enforu this Scatrtry Insttumeat, and 6eteb waives the benefit of an tumre laws providing for stay of ezetzrdoa, txtentioa of rime, ezeatyp6on from attachment, leyvy a~ird safer and homestead exemption. hour ptiorRto~e c~omtmncrmrntHo bidding at~a sheri~if's aapleor other sale pu ltsuant to thr~ tSeatrtmy Inatrutnent. ~R~~PurcLase Monty Mortgage. If any of the debt Secured by this Security Instrument is lent to atxlrtire title to the Property, this Setzrriry Instrument shall 6e a pu•rSaye money mortgage. 27. Lrtrrest Rate After Judgment. Borrower agrees that the interest ratt !~yablt after a judgment is catered on the Note or in an action of mortgage forcetosttre sha[1 be the rate payable from tithe to time under the Note, I.~/,t~ l~_~_ ®a6A{PAJ axes pro. is at is we.~1~: L. J~ , ppr.~A Fwm 3039 tl01 a (Page 16 of 27) BY SIGMNG BELOW, Borrower accepts and agrees to the terms and covenants mmained in this Security Instrument and in any Rider eucuted by Borrower and recorded with .~. Witnesscs: (Scat) - -Ba[:ovrcr n; {seal) -BarrDder • CHAD E. ASHLEY /) f ~~~ _ _ 1J ~1 l~ (Seal} -ae.~r TRACEY L. ASHLEY (Seal) (Seal) -Lowwa r -Botromr - ~~ -6oROwer _ (Seal) -Horrawtr -BA(PA} p=oa~ ~ rsd rs Form 3038 7Jp1 DDSlPA (Page 17 of I7) C of Rrsiamce a ~ ~ ~ ~ f, ,~. -- .t. ~i the corttxt address of tlae withit~rtamed Mort ee is P. . do hereby certify that bag 0. Boz 202fi, Flim MI 46 501-2026 Witness my hand this , . ` ` day of vv~ `~U7.7 NOTARWL SEAL JACIr; V. VALENIIM, NAY p~ Twp~ ~~~ Ag~nr of M ~a~«.. Cotnmiecien ~ ~~ June 2 006 COMMONWEALTH OF 1°ENNSYLVAIVIA, J ++`~°-\a" ~ County s9: Oo this. the ~ day of ~..t.FL_ ~Ci4~j undersigned officer, Personally appeared .before me, thc' ~A,a ~ _ ~s1r.~ 1 ova 1 r qe~y L. PsL\z_, I 1 satisfactorily proven) to be the pcreon(aj whose knowt- to tnc (or acltmwledgcd that he/shdilte ex eante(s) is/are subscribed W the within instrrment and Y uuted the aame for the purpos~t herein contained, IN WITNESS WHEREOF, I hereunto set n7 hand and official seal. My Commission E.zpires:. .~Y ~ S~ Jtxto >r,9, pp~pg ~AIPAI toroa ease . ~~ ~~~ , ». ~ .L. -.o. i e a i a ' Form 9039 t/01 ~~. ~ . ALL THOSE CERTAIN tracts or pieces of land situated in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, being the laiesthern 20 feet of Lot No. 34 and the Southern 2 feet of Lot No. 33, Block "H," in the general plan of George W. Buttorff s Addition to the Borough of New Cumberland, as recorded in the Recorder's Office at Calisle, Pennsylvania, in Deed Book "N", Volume 5, Page 498, and the Southern portion of 4 feet of Lot No. 34, Block H, in the general plan of George W. Buttorf s Addition to New Cumberland, as recorded in the above described Recorder's Office in Deed Book "N", Volume 11, Page 586, both tracts more particularly bounded and described as follows, to wit: TRACT NO. l: BEGINNING at a point on the Western line of Eutaw Avenue, said point being 71 feet in a Southerly direction from the Southwest corner of Ruby and Eutaw Avenues, thence in a Westerly direction by a line at right angles to Eutaw Avenue, 140 feet to Pear Alley; thence in a Southerly direction along the Eastern line of Pear Alley 22 feet to a point: thence in an Easterly direction 140 feet to Eutaw Avenue; thence in a Northerly direction along the Western line of Eutaw Avenue 22 feet to the place of BEGINNING, and having erected thereon the Southern half of a double two and one-half story brick and frame dwelling house, known as No. 316 Eutaw Avenue, and a part of a two and one-half story building to the rear of the above referred to dwelling. TRACT N0.2: BEGINNING at a point 49 feet North of the corner of a certain alley in Block H, and Eutaw Avenue, known as River Alley, and extending Westwardly 140 feet to a 20 foot wide alley; thence Northwardly, 4 feet to a point; thence Eetwardly through the Southern portion of Lot No. 34, 140 feet; thence Southwardly 4 feet to the Northern line of Lot No. 34, the place of BEGINNING, having erected thereon the other part of a two and one- half story building to the rear of the dwelling referred to as 316 Eutaw Avenue in Tract No. 1, above described. BEING the same premises which Robert J. Donlevy and Vivian L. Bowers, now known as Vivian B. Donlevy, Husband and Wife, by Deed dated August 29, 2003 and recorded September 3, 2003 in the Office cif the Recorder of Deeds in and for Columbia County in Deed Book 259 Page 313, granted and conveyed unto Chad E. Ashley and Tracey L. Ashley, Husband and Wife, in fee. ~~ STERN AND EISENBERG, LLP 410 THE PAVILION 261 OLD YORK ROAD JENKINTOWN, PA 19046 (215) 572-81.11 Date: October 26, 2010 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencifss serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local. bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPREIVDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANL~ HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Chad E. Ashley and Tracey L. Ashley PROPERTY ADDRESS: 316 Eutaw Avenue, New Cumberland, PA. MAILING ADDRESS: 316 Eutaw Avenue, New Cumberland, PA 17070 LOAN ACCT. NO.: 0010697647 ORIGINAL LENDER: MERS" as nominee for Wilmington Finance, a division of AIG Federal Savings Bank CURRENT LENDER/SERVICER: HSBC Bank, USA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND x IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DAT1=;. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action a€;ainst you for thirty (30) days after the date of this meeting. The names addresses and telephones numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. T:Uess~.ACT Notices~I-ISBC-Ashley Cumberland 10-26.doc APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the 1laiture of your default.) If you have tried and are unable to resolve this problem with the lender, you have; the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at t;he; end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance; Agency. Your application MUST be filed or postmarked within thirty (30} days of your face-to-face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINF,D ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The i°ennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date . NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 316 Eutaw Avenue ,New Cumberland, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS fir the following months and the following amounts are now past due: T:Uess~ACT Notices~F1SBC-Ashley Cumberland 10-26.doc Monthly payments of $1,373.44 ($1,143.17 + $230.27 escrow) due on May 1, 2009 through and including October 26, 2010, in the amount of .......................$24,721.92 Other charges (explain/itemize): Late charges :..................................................................•-•--...$971.5 Fees billed ..............................................................................$3,945.58 TOTAL AMOUNT PAST DUE :....................................................$29,639.05 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT --You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $29,639.05, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Stern & Eisenberg, LLP The Pavilion 261 Old York Rd., Suite 410 Jenkintown, PA 19046 215-572-8111 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort~a~e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mort~a~ed property.. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You maw do so by paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other_costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements J:Uess~ACT IQotices~I-1SBC-Ashley Cumberland 10-26.doc under the mort~a~e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale well be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: HSBC Bank, USA Address: 2929 Walden Avenue Depew, NY 14043 Phone Number: 1-800-333-5848 x 3888 Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X_ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale; and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE; DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIIZD PARTY ACT[NG ON YOL7R. BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT' HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE T[MES IN ANY CALENDAR YEAR.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER. THE MORTGAGE J:Uess~ACT Notices~llSBC-Ashley Cumberland 10-26.doc DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SU(:I3~ ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN & EISENBERG ~a~ BY: _ i enberg, LLP VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL J:Uess~ACT Notices~tISBC-Ashley Cumberland 10-26.doc NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES AC'T THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOiJ WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. J:Uess~,SCT Notices~IISBC-Ashley Cumberland 10-26.doc CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717)334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Gommission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717)232-9757 Loveship,lnc. 2320 North 5th Street Harrisburg, PA 17110 (717)232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717)762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 J:Uess~P.CT Notices~IiSBC-Ashley Cumberland 10-26.doc FILEO?OFFICE OF THE PROTHONOTARY' 2010 OED 30 P11 3 1 1 rujPD, SYLVA1'?UA- STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Bank, USA V Civil Action Number: No. 10-7579 Chad E. Ashley Tracey L. Ashley Defendants COMPLAINT IN PRAECIPE TO REINSTATE COMPLAINT PRAECIPE TO REINSTATE CIVIL ACTION Kindly reinstate the civil action in the above captioned matter. STERN AND EISENBERG BY• VIN P. DISKIN Attorney for Plaintiff S t aNj,V1b,EP FP cr.? a a?9 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FI ,°? ', F .::F FI! F0, 0 F,-"10 0 ? T ?I ta?.ullif i TARY J-1 2 4 AN 11 - 17 Cl'RL.A111D C(_1 ti TY PL:Nt?13 L' %I Hxry HSBC Bank USA Case Number vs. Chad E. Ashley (et al.) 2010-7579 SHERIFF'S RETURN OF SERVICE 01/04/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Chad E. Ashley, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 01/11/2011 York County Return: And now, January 11, 2011 I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Chad E. Ashley the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of York and therefore return same NOT FOUND. Deputies were advised, Chad E. Ashley currently resides at 316 Eutaw Avenue, New Cumberland, Pennsylvania 17070. SHERIFF COST: $37.00 January 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF Grn.u,`vSWI?; She?'.ff. Tie.-mso?T. Irc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration HSBC BANK, USA Vs. CHAD E. ASHLEY Case Number 10-7579 SHERIFF'S RETURN OF SERVICE 01/07/2011 04:24 PM - DEPUTY JACOB NELSON, BEING DULY SWORN ACCORDING TO LAW, ATTEMPTED SERVICE TO THE DEFENDANT, TO WIT: CHAD E. ASHLEY AT 8 MALL ROAD, ETTERS, PA 17319. THE DEFENDANT WAS FOUND TO HAVE MOVED. 01/11/2011 I, RICHARD P KEUERLEBER, SHERIFF, WHO BEING DULY SWORN ACCORDING TO LAW, STATES HE MADE DILIGENT SEARCH AND INQUIRY FOR THE WITHIN NAMED DEFENDANT TO WIT: CHAD E. ASHLEY, BUT WAS UNABLE TO LOCATE THE DEFENDANT IN HIS BAILIWICK. THE SHERIFF THEREFORE RETURNS THE WITHIN REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) AS "NOT FOUND" AT 8 MALL ROAD, ETTERS, PA 17319. PER EX-MOTHER-IN-LAW DEFT LIVES AT THE CUMBERLAND COUNTY ADDRESS. SHERIFF COST: $32.77 SOARS, January 14, 2011 RICHARD P K ERLEBER, SHERIFF ------------------------ - ------------------------ - ---- ------------------- - ------------------ ---------- - --- --------- NOTARY Affirmed and subscribed to before me this 14th day of JANUARY 2011 (c) CountySuite Sheriff, Teleosoft, In / M0 M ?. NOTARI, .. S_-=L LISA L. THORP= V, CITY CP YO" MYCCMMlSSic" N,?,-_ FILED-OFFICE = T i- PROTHONOTARY 2011 FEB -9 AM 11: V CUMBERLAND ANIA TY STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Bank, USA V Civil No. 10-7579 Chad E. Ashley Tracey L. Ashley Defendants I COMPLAINT IN PRAECIPE TO REINSTATE COMPLAINT PRAECIPE TO REINSTATE CIVIL ACTION Kindly reinstate the civil action in the above captioned matter. STERN AND EISENBERG BY: KEVIN P. DISKIN Attorney for Plaintiff 0,% a3,9? CICk ?.? ash 88? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor y .3 y1 F 11-L'- 1111 MAR -7 Ali 8: u i l HSBC Bank USA vs. Case Number Chad E. Ashley (et al.) 2010-7579 SHERIFF'S RETURN OF SERVICE 02/09/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Tracey L. Ashley, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 02/16/2011 03:43 PM - York County Return: And now February 16, 2011 at 1543 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tracey L. Ashley by making known unto herself personally, at 8 Mall Road, Etters, Pennsylvania 17319 its contents and at the same time handing to her personally the said true and correct copy of the same. March 03, 2011 SO ANSWERS, RONW R ANDERSON, SHERIFF SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy, Administration HSBC BANK, USA vs. Case Number CHAD E. ASHLEY (et al.) 10-7579 SHERIFF'S RETURN OF SERVICE 02/16/2011 03:43 PM - DEPUTY TODD STAHL, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: TRACEY L. ASHLEY AT 8 MALL ROAD, ETTERS, PA 17319. X . ILA t' t\, O D MARL, DEPUTY SHERIFF COST: $39.32 February 28, 2011 SO 7ARS' RICHARD P R EBER, S IFF -- -- --- ---- -.. - ---- --- -- NOTARY Affirmed and subscribed to before me this 28TH day of FEBRUARY _ 2011 Alvz?M?4-d6?5 NOT.AR14? SEAL ?:.ount\Sute Sne,, e-ft ?.. LISA L. THORPe. NCTAR" :'USLIC CITY OF YORK. YORK CC?,NTY MY COMr,l!$SION EXPIRES A;-;G 12.2C COURT OF COMMON PLEAS OF CUMBERLAND COUNTY C CIVIL ACTION-LAW rn KEVIN P. DISKIN, ESQUIRE ,r- STERN AND EISENBERG, PC The Pavilion 261 Old York Road, Suite 410 © Qr' y� .. a Jenkintown,PA 19046 o (215) 572-8111 I.D. #86727 HSBC Bank, USA V. Civil Action Number: 2010-7579 Chad E. Ashley Tracey L. Ashley Defendant(s) MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE 1,KEVIN P.DISKIN,ESQ.,attorney for the within Plaintiff,hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail,return receipt requested on April 3, 2013. 1 further certify that notice of the Sheriff s Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on April 3, 2013, as evidenced by copy of certificates of mailing attached. STERN AND EISENBERG PC BY: DISKIN Attorney for Plaintiff 4/3/13 i ` O Do f] ti rq zr -a Postage $ M1 "0 Certified Fee r-3 O Retum Receipt Fee P rk O (Endorsement Required) Restricted Delivery Fee O (Endorsement Required) i Ln O Total Postage&Fees m ru o s �-� -- A 171- or PO Sour No.6— I_ C*StRID ffX4 -. U(d,-_ ---AV=•Q-nti.1.�yL---_ RA .n O N - a Oft FFI CIA L .1, -U-SE .0 Postage $ M1 Certified Fee 1 O Retum Receipt Fee rk M (Endorsement Required) ere O Restricted Dell very Fee O (Endorsement Required) ? 1.11 O Total Postage&Fees M ru set nt o ----------- or PO Box No. ------------------- City Stale,Ax' S Name and STERN&EISENBERG Address 261 Old York Road-The Pavilion-Ste 410 of Sender Jenkintown,PA 19046 Line Article Name of Addressee,Street,and Post Office Address Postage Fee Number 1 ***' Tracey L. Ashley 8 Mill Road, Etters, PA 17319 2 **** Chad E. Ashley 316 tutaw Avenue,New Cumberland, PA 17070 3 **** Tax Claim Bureau Cumberland County Courthouse One Courthouse Street, Carlisle, PA 17013 4 **** Domestic Relations, Cumberland County 13 North Hanover Street Carlisle, PA 17013 s PA Department of Revenue, Bureau of Compliance Box 281230, Harrisburg, Pennsylvania 17128 6 **** Tenant(s)/Occupant(s) 316 Eutaw Avenue,New Cumberland, PA 17070 7 **** g **** 9 **** # 10 **** 11 **** O O N G 12 ONV _. U, O 13 **** rn M i D a o, m 14 n v ;o I � 15 RE:. HSBC-ASHLEY-N S I Z _` m �' N :~ j W O Total Number of Total Number Pi s stm er,P ame Receivn ^. o N Pieces Listed by Sender Received at Po O e e L COURT OF COMMON PLEAS OF CUMBERLAND COUNTY m ' CIVIL ACTION-LAW Z; Rx► � rn_-. CHRISTINA C. VIOLA,ESQUIRE STERN AND EISENBERG,PC The Pavilion zv- 261 Old York Road, Suite 410 , Jenkintown, PA 19046 n� )> (215) 572-8111 � I.D. 4308909 HSBC Bank,USA V. Civil Action Number: 2010-7579 Chad E. Ashley Tracey L. Ashley Defendants MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, CHRISTINA C. VIOLA, ESQ., attorney for the within Plaintiff,hereby certify that notice of the Sheriffs Sale was mailed to the Defendants by certified mail, return receipt requested on April 3,2013 and received by the Defendants on April 5,2013 and April 6,2013 as evidenced by copy of certified mailing receipts and signed green cards attached hereto. STERN AND EISENBERG PC BY: Attorney for Plaintiff 4/9/13 w - Y K Now U. o 0 4 ; A l l 0692 ThU '[000 OSOE 2TOL � 4022 "LhU TOGO OSOE 2TU t ■ Cw Is�te�1.2,attd 3.Also complete A.SlWW re Degmy is desired. - 0 Agent ■ Print your narne and address on the reverse X 0 so that we can mtLwn the card to you. B. Retxhred by(Ptfrttsd Marne) Addresses ■ Attach this card to the back of the mallpiece, or on the iron it space permits. Me,V Ada Ash le q Itl/-7 1. Article Addressed to: D. Is delivery address different from item 1? 0 N YES,enter delivery address below: ❑No 3. Service Type 0 Certtfled Mel 0 Express Mae E3 Pa*tww E3 13 inste and 0 C.O.D. Receipt for Mend tsndis ad e t 1J 4. Restricted D*ywyt!Extra Fes) 0 Yes 2. Article Number (*&Mfer rramawvko 7012 3050 0001 7641 2690 r Farm 3811,Febnu y 2004 Domestic Returm Receipt 102595-02-W1540; a • Complete items 1,2,and 3.Also complete a j/ Rem 4 N Restricted Delivery Is dwW. • Print your name anct address on the reverse so that we can return the card to you. t3, Received by(Ptfirred i+&7W • Attach this card to the back of the mailplece, n C = T, or on the front if space permits. 1. Article Addressed to: D. Is delivery address diffeent Q Ybs W ----�- { If YES,enter delivery 3 q} i�cLuu 1.- , P5 3. Service Type {{' 0 CerMW Mall 0 Exp ass Mall j )�� �1 t 0 Registered 0 Reb�n Receipt far M �j ❑insured Mail ❑G.O.D. 4. ResftW DeBveryY(Extra Fee) 0 Yes 'f`= 2 Article Number 701 2 3050 0 0 01 7641 27 0 6 (rte from service tetra!) PS Form 3811,February 2004 Domestic Return Receipt 102595-024A-1640 a ' SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson tI`'r+-ED-C'F IC Sheriff Jody S Smith 23 t1tj Chief Deputy Richard W Stewart Solicitor OFFICE OF THE SHERIFF P E Ms YLIVA Itl J HSBC Bank USA Case Number vs. Chad E.Ashley(et al.) 2010-7579 SHERIFF'S RETURN OF SERVICE 03/13/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Tracey L. Ashley, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of York County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 03/26/2013 08:18 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 316 Eutaw Avenue, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County. 03/26/2013 08:18 PM - Deputy Shawn Gutshall, 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 Melinda Ashley-Wife, who accepted as"Adult Person in Charge"for Chad E.Ashley at 316 Eutaw Avenue, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County. 04/17/2013 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff of York County, the within named Defendant Tracey K, Ashley as not found, defendant moved, believed to be living at: 421 6th Street, Apt 2,New Cumberland, PA 17070. So Answers: Reuben B. Zeager, Deputy,Acting Sheriff. 04/22/2013 08:31 PM - Deputy Shawn Harrison, 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: Tracey L.Ashley at 421 6th Street Apt 2, New Cumberland, PA 17070, Cumberland County. 06/05/2013 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, 1 Courthouse Square, Carlisle, PA on June 5, 2013 at 10:00 a.m. He sold the same for the sum of$50,000.00 to Jeremy Hunter/James Halkias on behalf of J K Myers Contracting, 4075 Linglestown Road, #244, Harrisburg, PA 171129, being the buyer in this execution, paid to the Sheriff the sum of 06/28/2013 Proposed Schedule Of Distribution Posted 07/12/2013 Distribution of Schedule as Proposed SHERIFF COST: $3,140.51 SO ANSWERS, July 12, 2013 •, ���. 62, RON R ANDERSON, SHERIFF SV ,Oh ,&17 y,3 X93 (c)CountySuite Sheriff,Teleosoft,Inc. a " STEVEN K.EISENBERG,ESQUIRE(75736) KEVIN P.DISKIN,ESQUIRE(86727) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) STERN&EISENBERG,PC THE PAVILION 261 OLD YORK ROAD,SUITE 410 JENKINTOWN,PENNSYLVANIA 19046 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Bank, USA V. Civil Action: 2010-7579 Chad E. Ashley Tracey L. Ashley Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I,the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 316 Eutaw Avenue,New Cumberland,PA. 1. Name and address of Owner(s) or Reputed Owner(s): Chad E. Ashley Tracey L. Ashley 316 Eutaw Avenue 8 Mall Road New Cumberland, PA 17070 Etters, PA 17319 2. Name and address of Defendant(s) in the judgment: Chad E. Ashley Tracey L. Ashley 316 Eutaw Avenue 8 Mall Road New Cumberland,PA 17070 Etters, PA 17319 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: N/A J:\Michael Bell\Sales\Cumberland\Ashley,Chad 1-13.docx 5. Name and address of every other person who has any record lien on the property: N/A 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg,Pennsylvania 17128 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: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle,PA 17013 Carlisle,PA 17013 Tenant(s)/Occupant(s) 316 Eutaw Avenue New Cumberland,PA, 17070. 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. Date: January 4,2013 STERN & BERG, PC 'Y BY- -13-�MVEN K. EISENBERG,ESQUIRE 0fr P04114SVIL ot4v4ENt-.04 C_ ❑ KEVIN P. DISKIN, ESQUIRE .t: , ?I., CEA COMM �_'J P'L S pubVIC t'l-tary _ , ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ef ❑ LEN M. GARZA, ESQUIRE COT ❑ CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff Swory subsp abed before me this Day of_ )r,.4- 11 2013. X Notary Public 1,3 JAMichael Be11\Sa1es\Cumber1and\Ash1ey,Chad 1-13.docx STEVEN K.EISENBERG,ESQUIRE(75736) KEviN P.DisKiN,ESQUIRE(86727) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,EsQuuzE(308909) STERN&EISENBERG,PC THE PAVILION 261 OLD YORK ROAD,SUITE 410 JENKiNTowN,PENNSYLVANIA 19046 TELEPHONE:(215)572-8111 FAcswit,E:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Bank, USA V. Chad E. Ashley Tracey L. Ashley Civil Action: 2010-7579 Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Chad E. Ashley Tracey L. Ashley 316 Eutaw Avenue 8 Mall Road New Cumberland, PA 17070 Etters, PA 17319 Your real estate at 316 Eutaw Avenue, New Cumberland, PA is scheduled to be sold at Sheriffs -Sale on Wednesday, June 5, 2013 at 10:00 A.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $227,938.23 obtained by HSBC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFFS SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stem& Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stem&Eisenberg PC,telephone (215) 572-8111. 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. J-.\Micbael I3eII1Sa1es\Cumber1and\Asb1ey,Chad 1-13.docx 3. You may also be able to stop the sale through other legal proceedings. 1 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 notice on page two 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 Stern&Eisenberg PC,telephone (215) 572-8111. 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 in the sale. To find out if this has happened you may call Stern&Eisenberg PC, telephone (215) 572-8111. 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 house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriff s Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Michael Bell\Sales\Cumberland\Ashley,Chad 1-13.docx STEVEN K.EISENBERG,ESQUIRE(75736) KEVIN P.DISKIN,ESQUIRE(86727) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) STERN&EISENBERG,PC THE PAVILION 261 OLD YORK ROAD,SUITE 410 JENKINTOWN,PENNSYLVANIA 19046 TELEPHONE:(215)572-8111 FAcsimILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Bank, USA V. Chad E. Ashley Civil Action: 2010-7579 Tracey L. Ashley Defendant(s) MORTGAGE FORECLOSURE RE: PREMISES: 316 Eutaw Avenue,New Cumberland,PA Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default,the above referenced premises, also described on the attached sheet, will be sold by the Sheriff of Cumberland County on Wednesday, June 5, 2013 at 10:00 A.M. at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of$227,938.23 together with interest, costs (and such other allowed amounts)thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s)who is/are also the real owner of said premises. I have discovered that you may have a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest,if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriff=s Sale upon your lien, we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. J:\Michael Bell\Sales\Cumberland\Ashley,Chad 1-13.docx A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten(10) days thereafter. January 4, 2013 STERN & ENBERG, PC STEVEN K. EISENBERG, ESQUIRE • KEVIN P. DISKIN, ESQUIRE • JACQUELINE F. McNALLY, ESQUIRE • LESLIE J. RASE, ESQUIRE • LEN M. GARZA, ESQUIRE • CHRISTINA C. VIOLA, ESQUIRE Attorney for Plaintiff JA\Michael Bell\Sales\Cumberland\Ashley,Chad 1-13.docx ALL THOSE CERTAIN tracts or pieces of land situated in the Borough of New Cumberland,County of Cumberland and State of Pennsylvania, being the Northern 20 feet of Lot No. 34 and the Southern 2 feet of Lot No. 33, Block"H," in the general plan of George W. Buttorff s Addition to the Borough of New Cumberland, as recorded in the Recorder's Office at Calisle,Pennsylvania, in Deed Book"N",Volume 5, Page 498, and the Southern portion of 4 feet of Lot No. 34, Block H, in the general plan of George W. Buttorf s Addition to New Cumberland, as recorded in the above described Recorder's Office in Deed Book"N",Volume 11,Page 586,both tracts more particularly bounded and described as follows,to wit: TRACT NO. 1: BEGINNING at a point on the Western line of Eutaw Avenue, said point being 71 feet in a Southerly direction from the Southwest comer of Ruby and Eutaw Avenues,thence in a Westerly direction by a line at right angles to Eutaw Avenue, 140 feet to Pear Alley; thence in a Southerly direction along the Eastern line of Pear Alley 22 feet to a point:thence in an Easterly direction 140 feet to Eutaw Avenue;thence in a Northerly direction along the Western line of Eutaw Avenue 22 feet to the place of BEGINNING, and having erected thereon the Southern half of a double two and one-half story brick and frame dwelling house,known as No.316 Eutaw Avenue,and a part of a two and one-half story building to the rear of the above referred to dwelling. TRACT NO.2: BEGINNING at a point 49 feet North of the comer of a certain alley in Block H,and Eutaw Avenue, known as River Alley,and extending Westwardly 140 feet to a 20 foot wide alley;thence Northwardly,4 feet to a point;thence Eastwardly through the Southern portion of Lot No. 34, 140 feet;thence Southwardly 4 feet to the Northern line of Lot No.34,the place of BEGINNING,having erected thereon the other part of a two and one-half story building to the rear of the dwelling referred to as 316 Eutaw Avenue in Tract No. 1,above described. BEING the same premises which Robert J.Donlevy and Vivian L.Bowers,now known as Vivian B. Donlevy,Husband and Wife,by Deed dated August 29, 2003 and recorded September 3, 2003 in the Office of the Recorder of Deeds in and for Columbia County in Deed Book 259 Page 313,granted and conveyed unto Chad E.Ashley and Tracey L.Ashley,Husband and Wife, in fee. Parcel#: 25-25-0006-124 and 25-25-0006-124/02 J:Wichael Be111Sa1es\Cumber1and\Ash1ey,Chad 1-13.docx STEVEN K.EISENBERG,ESQUIRE(75736) KEVIN P.DISKiN,ESQUIRE(86727) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VioLA,ESQUIRE(308909) STERN&EISENBERG,PC THE PAVILION 261 OLD YORK ROAD,SUITE 410 JENKINTOWN,PENNSYLVANIA 19046 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Bank, USA V. Chad E. Ashley Tracey L. Ashley Civil Action: 2010-7579 MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Chad E. Ashley Tracey L. Ashley 316 Eutaw Avenue 8 Mall Road New Cumberland, PA 17070 Etters, PA 17319 Your real estate at 316 Eutaw Avenue, New Cumberland, PA is scheduled to be sold at Sheriffs Sale on Wednesday, June 5, 2013 at 10:00 A.M. , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $227,938.23 obtained by HSBC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stem&Eisenberg,PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stem& Eisenberg PC,telephone (215) 572-8111. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. - 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See notice on page two 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 Stem&Eisenberg PC, telephone (215) 572-8111. 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 in the sale. To find out if this has happened you may call Stem&Eisenberg PC,telephone (215) 572-8111. 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 fall 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 house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs Office by calling (717)240-6390 to determine the actual date of filing of said schedule. 7. You may also have other.rights and defenses, or ways of getting your house 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 JAMichael Be11\Sa1es\Cumber1and\Ash1ey,Chad 1-13-docx m ALL THOSE CERTAIN tracts or pieces of land situated in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, being the Northern 20 feet of Lot No. 34 and the Southern 2 feet of Lot No. 33, Block "H," in the general plan of George W. Buttorff s Addition to the Borough of New Cumberland, as recorded in the Recorder's Office at Calisle,Pennsylvania, in Deed Book"N",Volume 5, Page 498, and the Southern portion of 4 feet of Lot No. 34, Block H, in the general plan of George W. Buttorf s Addition to New Cumberland, as recorded in the above described Recorder's Office in Deed Book"N",Volume 11,Page 586,both tracts more particularly bounded and described as follows,to wit: TRACT NO. 1: BEGINNING at a point on the Western line of Eutaw Avenue, said point being 71 feet in a Southerly direction from the Southwest corner of Ruby and Eutaw Avenues,thence in a Westerly direction by a line at right angles to Eutaw Avenue, 140 feet to Pear Alley;thence in a Southerly direction along the Eastern line of Pear Alley 22 feet to a point:thence in an Easterly direction 140 feet to Eutaw Avenue;thence in a Northerly direction along the Western line of Eutaw Avenue 22 feet to the place of BEGINNING, and having erected thereon the Southern half of a double two and one-half story brick and frame dwelling house,known as No.316 Eutaw Avenue,and a part of a two and one-half story building to the rear of the above referred to dwelling. TRACT NO.2: BEGINNING at a point 49 feet North of the corner of a certain alley in Block H,and Eutaw Avenue, known as River Alley, and extending Westwardly 140 feet to a 20 foot wide alley;thence Northwardly,4 feet to a point;thence Eastwardly through the Southern portion of Lot No. 34, 140 feet;thence Southwardly 4 feet to the Northern line of Lot No. 34,the place of BEGINNING,having erected thereon the other part of a two and one-half story building to the rear of the dwelling referred to as 316 Eutaw Avenue in Tract No. 1, above described. BEING the same premises which Robert J.Donlevy and Vivian L. Bowers,now known as Vivian B. Donlevy,Husband and Wife,by Deed dated August 29,2003 and recorded September 3,2003 in the Office of the Recorder of Deeds in and for Columbia County in Deed Book 259 Page 313, granted and conveyed unto Chad E. Ashley and Tracey L.Ashley,Husband and Wife, in fee. Parcel#: 25-25-0006-124 and 25-25-0006-124/02 DMichael Be11\Sa1es\Cumber1and\Ash1ey,Chad 1-13.docx WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-7579 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK,USA Plaintiff(s) From CHAD E. ASHLEY& TRACEY L.ASHLEY,316 EUTAW AVENUE,NEW CUMBERLAND,PA 17070 (1) You are directed to levy upon the property of the defendant(s)and to sell ALL PROPERTY OF CHAD E. ASHLEY& TRACEY L. ASHLEY . (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$227,938.23 L.L. $.50 Interest FROM 1/5/2013 AT A RATE OF$32.94 PER DIEM Atty's Comm % Due Prothy 2.25 Atty Paid $258.30 Other Costs Plaintiff Paid Date: 1/8/2013 David D.Buell,Prothonota (Seal) By: A,—P. Deputy REQUESTING PARTY: Name : STEVEN K. EISENBERG,ESQUIRE Address: STERN& EISENBERG,PC 261 OLD YORK ROAD,SUITE 410 JENKINTOWN,PA 19046 TRUE COPY FROM RECORD in Testimony whereof,t here,unto set r»y hand Attorney for: PLAINTIFF and the seal.of'sdid Co�'rt a,tC, arlisf 20P Telephone: 215-572-8111 This - day ofPiot notary Supreme Court ID No. 75736 pt)�� t-" �� � y On March 12, 2013 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 316 Eutaw Ave, New Cumberland, .Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2013 By: Real Estate Coordinator H :b V b- Ndf E16l JAW3Hs 3H A -]01.JjJ s i' CUMBERLAND LAW JOURNAL Writ No. 2010-7579 Civil BEGINNING at a point 49 feet North of the comer ofa certain al- HSBC BANK USA ley in Block H, and Eutaw Avenue, vs. known as River Alley,and extending CHAD E.ASHLEY, Westwardly 140 feet to a 20 foot wide Tracey L.Ashley alley; thence Nouthwardly, 4 feet to a point; thence Eastwardly through Atty.: Steven Eisenberg the Southern portion of Lot No. 34, ALL THOSE CERTAIN tracts or 140 feet; thence Southwardly 4 feet pieces of land situated in the Bor- to the Northern line of Lot No.34,the ough of New Cumberland,County of place of BEGINNING,having erected Cumberland and State of Pennsyl- thereon the other part of a two and vania, being the Northern 20 feet of one-half story building to the rear Lot No.34 and the Southern 2 feet of of the dwelling referred to as 316 Lot No. 33,Block"H,°in the general Eutaw Avenue in Tract No. I, above plan of George W.Butlorffs Addition described. to the Borough of New Cumberland, BEING the same premises which as recorded in the Recorder's Office Robert J. Donlevy and Vivian L. at Calisle, Pennsylvania, in Deed Bowers, now known as Vivian B. Book"N",Volume 5, Page 498, and Donlevy,Husband and Wife,by Deed the Southern portion of 4 feet of Lot dated August 29,2003 and recorded No. 34, Block H,in the general plan September 3, 2003 in the Office of of George W. Butlorf's Addition to the Recorder of Deeds in and for New Cumberland,as recorded in the Columbia County in Deed Book 259 above described Recorder's Office in Page 313,granted and conveyed unto Deed Book"N",Volume II,Page 586, Chad E.Ashley and Tracey L.Ashley, both tracts more particularly bound- Husband and Wife,in fee. ed and described as follows,to wit: Parcel #: 25-25-0006-124 and TRACT NO. 1: 25-25-0006-124/02. BEGINNING at a point on the Western line of Eutaw Avenue, said point being 71 feet in a Southerly direction from the Southwest comer of Ruby and Eutaw Avenues,thence in a Westerly direction by a line at right angles to Eutaw Avenue, 140 feet to Pear Alley;thence in a South- erly direction along the Eastern line of Pear Alley 22 feet to a point:thence in an Easterly direction 140 feet to Eutaw Avenue;thence in a Northerly direction along the Western line of Eutaw Avenue 22 feet to the place of BEGINNING, and having erected thereon the Southern half of a double two and one-half story brick and frame dwelling house,known as No. 316 Eutaw Avenue, and a part of a two and one-half story building to the rear of the above referred to dwelling. TRACT NO.2: 19 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 12, April 19 and April 26, 2013 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. — !��- X 6�= L Marie Coyne, EAitor SWORN TO AND SUBSCRIBED before me this 6 da of A ril 2013�j , vL Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News,Co. 2020 Technology kwy tot atr1otwXtws Suite 300 P Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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: -. �, 04/16113 r'.11Nn0D 0NV-1 391 2010-7579 Civil oz 04123/13 HSBC BANK USA H1 04130/13 VS. CHAD E.ASHLEY Tracey L.Ashley Atty: Steven Eisenberg . . . ' . . . . . . " " . . . . . . . ALL THOSE CERTAIN tracts or pieces of land situated in the Borough of New Sworn to and subscribed before me this 13 day of May, 2013 A.D. Cumberland,County of Cumberland and 0 U State of Pennsylvania,being the Northern Idc 20 feet of Lot-No.34 and the Southern 2 pll feet of Lot No.33,Block"H,"in the general %i plan of George W. Butlorffs Addition I otary Public to the Borough of New Cumberland, as , recorded in the Recorder's Office at Calisle, 6 Pennsylvania,in Deed Book"N",Volume 5, Page 498,and the Southern portion of 4 0 feet of Lot No.34,Block H,in the general I COMMONWEALTH OF PENNSYLVANIA plan of George W. Butlorf's Addition to'11 New Cumberland,as recorded in the above Notarial Seal described Recorder's Office in Dee d-­­=$. Holly Lynn Warfel,Notary Public Book"N",Volume II,Page 586,both tracts Washington Twp,,Dauphin County more particularly bounded and described as - MY Commission Expires Dec.12,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES 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 J K Myers Contracting is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2013, under and by virtue of a writ Execution issued on the 8th day of Janua , A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7579, at the suit of HSBC Bank USA against Chad E &Tracey L Ashley is duly recorded as Instrument Number 201324163. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3� day of A.D. a O L? l�tJ Ae" ~ R or r ►eA W CXWfi' *W the Frst M=*dJNL 2014