HomeMy WebLinkAbout12-0474/YEA 1 ca/en 6, Uv +; i L
To:
MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
You are hereby notified to
file a written response to the enclosed
i "* within
twenty (20) days from the service hereof
or a iudmment ?Rhe tiered against you.
c °
N
Attorne r Plaintiff moo C_
File: 45.15785 ?.?
THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2007-8
475 Crosspoint Parkway
Getzville, NY 14068,
Plaintiff,
Vs.
Malcolm D. Wertz
320 3rd Street a/k/a 320 Third Street
New Cumberland, PA 17070,
Defendant
COURT OF COMMON PLEAS ?v
CUMBERLAND COUNTY C?
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No.: a6 (g - Y 7y 61'0*(
CIVIL ACTION / RESIDENTIAL
OWNER OCCUPIED MORTGAGE
FORECLOSURE
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NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or
by attorney and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within
30 days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within 30 days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the Judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2007-8
475 Crosspoint Parkway
Getzville, NY 14068,
Plaintiff,
Vs.
Malcolm D. Wertz
320 3rd Street a/k/a 320 Third Street
New Cumberland, PA 17070,
Defendant
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No..
CIVIL ACTION / RESIDENTIAL
OWNER OCCUPIED MORTGAGE
FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK,
AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-
BACKED CERTIFICATES, SERIES 2007-8 (the "Plaintiff'), is registered to conduct business
in the Commonwealth of Pennsylvania and having an office and place of business at 475
Crosspoint Parkway, Getzville, NY 14068.
2. Defendant, Malcolm D. Wertz, (the "Defendant"), is an adult individual and is the real
owner of the premises hereinafter described by virtue of a Deed dated December 28, 2002,
recorded January 14, 2003 in Deed Book 255, Page 1658, Instrument Number 2003-001774. The
Deed is attached hereto as Exhibit "A" and made a part hereof.
3. Defendant Malcolm D. Wertz, upon information and belief, resides at 320 3rd Street a/k/a
320 Third Street, New Cumberland, PA 17070.
4. On May 11, 2007, inconsideration of a loan in the principal amount of $140,675.00, the
Defendant executed and delivered to Countrywide Home Loans, Inc., dba America's Wholesale
Lender a note (the "Note") with interest thereon at 6.900 percent per annum, payable as to the
principal and interest in equal monthly installments of $926.49 commencing July 1, 2007. The
Note is attached hereto as Exhibit "B" and made a part hereof.
5. To secure the obligations under the Note, the Defendant executed and delivered to
Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc.,
dba America's Wholesale Lender a mortgage (the "Mortgage") dated May 11, 2007, recorded on
May 21, 2007 in the Department of Records in and for the County of Cumberland under
Mortgage Book 1992, Page 4718. The Mortgage is attached hereto as Exhibit "C" and made a
part hereof.
6. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded August
10, 2011 under Instrument Number 201122186. The recorded Assignment of Mortgage is
attached hereto as Exhibit "D" and made a part hereof.
7. The Mortgage secures the following real property (the "Mortgaged Premises"): 320 3rd
Street a/k/a 320 Third Street, New Cumberland, PA 17070. A legal description of the Mortgaged
Premises is attached hereto as Exhibit "E" and made a part hereof.
8. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage
because payments of principal and interest due December 1, 2009, and monthly thereafter are
due and have not been paid, whereby the whole balance of principal and all interest due thereon
have become due and payable forthwith together with late charges, escrow deficit (if any) and
costs of collection including title search fees and reasonable attorney's fees.
9. The following amounts are due on the Mortgage and Note:
Principal Balance ....................................$135,612.47
Accrued but Unpaid Interest from
11/1/09 to 1/6/12 ................................ ........$20,401.85
Accrued Late Charges ....................... .............$787.44
Escrow Advances .............................. ..........$5,406.97
Foreclosure Fees ................................ .............$735.00
Property Inspection Fees ................... .............$345.00
Credit to Borrower ............................. ........... -$558.00
Reasonable Attorney's Fees .............. ..........$1,450.00
TOTAL as of 01/06/2012 .................. ......$164,180.73
Plus, the following amounts accrued after January 6, 2012:
Interest at the Rate of 6.900 per cent per annum ($25.5662 per diem);
Late Charges per month if applicable.
10. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of
the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to
the Defendant at 320 3rd Street a/k/a 320 Third Street, New Cumberland, PA 17070 as well as to
address of residences as listed in paragraph 3 of this document on June 1, 2011, the notice
pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. The Act
Notice is attached hereto as Exhibit "F" and made a part hereof.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for
foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9,
namely, $164,180.73, plus the following amounts accruing after January 6, 2012, to the date of
judgment: (a) interest of $25.5662 per day, (b) late charges per month if applicable, (c) plus
interest at the legal rate allowed on judgments after the date of judgment, (d) additional
attorney's fees (if any) hereafter incurred, (e) and costs of suit.
Date: ?i
MILSTEAD & ASSOCIATES, LLC
Patrick J. Wi
Attorney for
VERIFICATION
'AJ -Z
X4,224.
hereby states that hsh is IkU?L,ik t/tt of
Bank of America, N.A., successor by merger to BAC Home Loans Servicing, L.P., Servicing
Agent for Plaintiff in this matter, that h she 's authorized to make this Verification, and verify
that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and
correct to the best of hi er owledge, information and belief. The undersigned understands
that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn
falsification to authorities.
Name: Me11 s ? C=_ L SAD >
Title:
l- 1 •7-1; ? / A
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U re\ded\WERTZ,MW01M.D9ED 1"77Y
IBIT H A Parcel No. 25-25-0006-247
THIS DEED
MADE THE ? 8 f? day of December in the year of our Lord two
thousand two (2002).
BETWEEN BARBARA R. ROHRBAUGH and MICHAEL P. ROHRBAUGH, husband
and wife
Grantors,
and MALCOLM D. WERTZ
Grantee,
WITNESSETH, that in consideration of One Hundred Thousand and
No/100------- -(5100,000.00)----------------------Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the said
Grantors do hereby grant and convey to the said Grantee, his heirs and
assigns,
ALL THAT CERTAIN tract of land situate in the Borough of New
Cumberland, county of Cumberland and State of Pennsylvania, more
particularly bounded and described as follows, to wit;
BEGINNING at a point on the easterly line of Third Street thirty-two
(32) feet southwestwardly from the southwest corner of Third Street
and Locust Avenue; thence in a southwestwardly direction along the
easterly line of Third Street a distance on forth-three (43) feet,
more or less, to a post; thence on a line at right angles with the
line of Third Street, a distance of one hundred forty (140) feet to a
post along the westerly line of a twenty (20) foot wide public alley;
thence northeastwardly along the westerly line of said public alley, a
distance of forty-three (43) feet, more or less, to a point; thence on
a line at right angles to said public alley, a distance of one hundred
forty (140) feet to the place of BEGINNING.
BEING part of Block A, as laid down in the Plan of Buttorff`s Addition
to the Borough of New Cumberland.
HAVING THEREON ERECTED a dwelling house known and numbered as 320
Third Street, New Cumberland.
BEING the same premises which Barbara R. Rohrbaugh, Executrix of the
Last Will and Testament of Dorothy F. Ross, by deed dated May 6, 1996,
and recorded on May 8, 1996, in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania, in Record Book 138, Page
1045, granted and conveyed unto Barbara R. Rohrbaugh and Michael P.
Rohrbaugh, husband and wife, Grantors herein.
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BOOK 255 PAA658 L
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AND the said Grantors hereby covenant and agree that they will warrant
specially the property hereby conveyed.
IN WITNESS WHEMOF, said Grantors have hereunto set their hands and
seal the day and year first above written.
Signed, Sealed, and Delivered
in the Presence of
• ?d?3 {} -?R 11`1 P'1 (SEAL).
BARBARA R. ROH AUGH
?T (SEAL)
MICHAEL P. ROHRBAUGH
STATE OF FLORIDA
p SS:
COUNTY OF ?w'ard
on this, the 2--b day of 4z? 2002, before
me the undersigned officer, a Notary Public, personally appeared,
BARBARA R. ROHRBAUGH and MICHAEL P. ROHRBAUGH, husband and wife, known
to me (or satisfactorily proven)*to be the person whose names are sub-
scribed =o the within instrument, and acknowledged that they executed
the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal
the day and year first above written. <
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MYcoMMIS5101'14 C074619
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?oxttutaauteorwa,w+cEwc Notary P is
bou 255 'F%cti.659
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I hereby certify that the precise residence and complete post
office address of tea within na. Grantee is:
DATE D : 1 Ivb
At rney for
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I Certify this to be recordde
In Cumberland County
Recorder of Deeds
-3-
06127/2011 8:52:48 AM CUMBERLAND COUNTY
Curberland County Rscorier of Deeds
Instrumnt Filing
ReceiPt# 402675
Instr# 2003-001774 1/14/2003 1032:
Reearks- CEDAR CLIFF
VERTZ
DEED - NRIT _
DEED - RTT STATE 1000
WEST SHORE 50.
to C1#IBETtLAt81 500.
DEED - AM 11.
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InsL# 200301774 - Page 3 of 3
1-EXHIBIT
Pnpusd by: SEAN WOOLAnD
LOAN #:
NOTE
MAY 11, 2007 HARRISBURG PENNSYLVANIA
(Dam] Icityl (sute7
320 3RD ST, NEW CUMBERLAND, PA 17070-2113
[PrdpwyAddtessl
1. BORROWER'S PROMISE TO PAY
In return for a loan that 1 have received, I promise to pay U.S. S 140,675.00 (this amount is called "Principal"),
plus interest, to the order of the Lender. The Lender Is
Countrywide Home Loaner Inc. dba Americala Wholesale Lender
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is tailed the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has Inca paid. I will pay interest at a yearly
rate of 6.900 %.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B)
of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay Principal and Interest by making a payment every month.
I will make my monthly payment on the FIRST day of each month beginning on
JULY 01, 2007 . I will make these payments every month until I have paid all of the Principal and interest and
any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled
due date and will be applied to interest before Principal. If, Oil JUNE 01, 2037 f still owe amounts under this
Note, I will pay those amounts In fill on that date, which Is called the "Maturity Date."
I will make my monthly payments at
P.O. Box 660694, Dallas, TX 75266-0694
or at a different place if regdired by the Note Holder.
(B) Amount of bionthly Payments
My monthly payment will be in the amount ofU.S. $ 926.49
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A prepayment of all of the unpaid
principal is known cis a "Full Prepayment." A prepayment of only part of the unpaid principal Is known as a "Partial
Prepayment."
If the original Principal amount of this loan Is 550,000 or less, I may make a Full or Partial Prepayment without
a lag any penalty. However, ifthe original Principal amount ofthIs Note exceeds $50,000,
I may prepay this Note In full at any time without penalty.
Ifwlthin the first SIXTY months after the execution of the Note, I make any prepayment(s) within
any 12-month period, the total of which exceeds 20 percent (20"/) of the original principal nmount of this loan, I will pay
a prepayment penalty in an amount equal to the payment of six (6) months' advance Interest on the amount by which the
total of my prepayment(s) within that 12-month period exceeds 20 percent (201/6) of the original principal amount of the
loan.
5. LOAN CHARGES
If a law, which applies to-this loan and which sets maximum loan charges, is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge
shall be reduced by the amount necessary to reduce the charge to the permitted limit. and (b) any sums already collected from
me which t:xceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the
Principal I owe under this Note orby making a direct payment to me. ITS. refund reduces Principal, the reduction will be treated
as a Partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
Irthe Note Holder has not received the bill amount of any monthly payment by the end of FIFTEEN calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 . o o o % ormy
overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment.
• aGPPJMSYLVANiAMEO RATE NOTE
2DO90•PA (12105)(d) P090 1013 f F
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? -- sir 001 001
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LOAN #t 167980671
(B) Default
.,fir .ly If I do not pay the full amount of each monthly payment on the data it is due, I will be in default.
(C) Notice of Default
If I am I. default, the Note Holder may send me a written notice telling me that if l do noL pay the overdue amount by a
certain data, the Note Holder may requite me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days alter ilia data on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,
the Note Hblder will still have the right to do so if I am in default at a later time.
(E) Payment orNote Holder's Costs and Expenses
If the Note Holder has required me to pay immediately In fall as described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requites a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated In Section 3(A) above or at a different address if I am given a notice of that
different address.
s. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one parson signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the premise to pay the fb11 amount owed. Any person who is a guarantor, surety or endorser of this Note is
also obligated to do these things. Arty person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights
under this Note against each person individually or against all of us together. This moans that any one of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
"Presentment" means the sight to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the
right to require the Note Holder to give notice to otherpersons that amounts due have not been paid.
10. APPLICABLE LAW
I agree that this agreement is to be governed by fbdcml law and, to the extent not preempted by federal law, by the laws of
the slate where the real property is located. If a law, which applies to this loan and sets maximum loan charges is finally
interpreted so that the Interest and other charges collected or to be collected in connection with this loan exceed the permitted
limits, then. (a) any such interest or other charge shall be reduced by the amount necessary to reduce the interest or other charge
to the permitted limit; and (b) any sums already collected from me which exceed permitted limits will be refunded to me. The
Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to
me. If a reload reduces Principal, the reduction will be treated as a Partial Prepayment, but in no event will a prepayment charge
be assessed if the Note Holder chooses to reduce my Principal balance by applying such excess amounts.
11. SECURED NOTE
In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the
"Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if l do
not keep the promises which I make In this Note. That Security Instrument describes how and under what conditions I may be
inquired to make immediate payment in Rill of all amounts I owe under this Note. Soma of those conditions are described as
follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) without Lendoes prior written consent,
Lender may require Immediate payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender ifsuch exercise is prohibited by Applicable Law.
if Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a
period ofo of less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower
must pay all sums secured by this Security instrumcat. If Borrower fails to pay these sums prior to the expiration of
this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand
on Borrower.
• 80-PENNSYLVANMFIXED HATE NOTE
21)89"A pens) Psa•2 o13
LOAN #, 167480671
WITNESS THE HAND(S) ND SHAL S) OF THB UNDERSLG
$ortowcr
B wer
D. wznz
-Bortower
-Sor?war
(Sign Original Only)
PAYTOMOWOF
VJDMAEMRSE
COUNTRYWIDE HOME LOW, VC. A 1011 YM CORPORAITON
DOING BUSINESSASF',E77CPSM O WLELENDER
((//
BY.
MORE SOJIM
EXECUfWEMENESM f
• BO.pENNSYLVAmFDCEDRATENOTE ppe00M
2039"A (12m)
EXHIBIT,
1007 !sky 21 Ail 1 z 15
PrepalW By:
SEAN WOOLARD
Countrywide Home Loans, Inc.
dba America's Wholesale
Lender
2 JERICHO PLAZA, 3RD FLOOR
JERICHO
NY 11753
Phone: (516)733-6000
After Rccor&S Rotum To:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
Parcel Number.
Prcmisos:
320 3RD ST
NEW CUMBERLAND
PA 17070-2113
(Spam Abow M Lke Fer Roew4kill Data)
WERTZ - -• - -
[Escrow/closing #1 (Doc ID #1
MORTGAGE
PEMMSYLVANIA -Single FamYy - Fonnir WrlFnddlr 1Mea UNIFORM MTRIJM NT WRH MERS
Pope 1 of 17
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•23991 16 950571000001D08A•
8E.1992PG4718
0612712011 8:54:27 AM CUMBERLAND COUNTY Inst.# 200117166 - Page 1 of 18
DOC ID # I
MIN 1000157-Ouu8113038-3
DEFINITIONS
Words used in multiple sections of this document acs defined below and other words arc defined in Sections 3,
11, 13, 18, 20 and 21. Certsin rules regarding the usage of words used in this document ass also provided in
Section 16.
(A) "Security Instrument" means thla document, which is dated MAY 11, 2007
together with all Riders to this document.
(B) "Borrower" is
MALCOLM D WERTZ, AN UNMARRIED MAN
Borrower is the mortgagor under this Security Instrument.
(C) "MERE" is Morigago Electronic Registtatioo Sy*=, Inc. MFRS is a separate corporation that is acting
solely as a nominee for Lander snd Lender's successors sad saiges. MERE b the ssorip" Bader this
Security LnhraaaeaL MERS is organized and existing under the laws of Delawars, and his an addm a and
telephone number of P.O. Box 2026, Flint MI 48501.2026, tot. (888) 679-M13R5.
(D) "Leader" is
Countrywide Home Loans, Inc. dba America's Wholesale Lender
Lender is a
CORPORATION
organized and existing under the laws of NEW YORK
Lendac's address is
4500 Park Granada MSN# SVE-314
Calabasas, CA 91302-1613
(E) "Note" means the promissory note signed by Borrower ad da vd MAY 11, 2 0 0 7
The Note states that Borrower owes Lender
ONE HUNDRED FORTY THOUSAND SIX HUNDRED SEVENTY FIVE and 00/100
Dollars (iJ.S. $ 140, 675. 00 ) plus interest Borrower has promised to pay this debt in regular
Oft-WPA) (OW) CHL (10=) Psp 2 d 17
ON' 1992.PG 4719.
Pone 3039 1A1
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DOC ID #
periodic Payments and to pay the debt in full not later than JUNE 01; 2037
(F) "Property" means the property that is deson'bed below under the heading "Transfer of Rights in the
N
Property.
Loan" means the debt evidenced by the Note, phis interest, any prepsy01011t e1161ge0 and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(m "Hiders" means all Riders to this security Instrument that are executed by Borrower. The following
Riders am to be executed by Borrower [check box as applicable];
Adjustable Rate Rider Condominium Rider Second Home Rider
Balloon Rider Planned Unit Development Rider 1-4 Family Rider
VA Rider Biweekly Payment Rider Otha(s) IsPecify]
(1) "Applicable Lary" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(j) "Commmuity Assedatton Dues, Fees, sad Assessments" means all dues, fees, assasaments and other
charges that are imposed on Borrower or the Property by a condominium association, bomeowners association
or similar organization.
(K) "Eleettroaic Fonda Transfer" means any transfer of flmds, other than a transaction originated by check,
(1114 or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that ate desc W in Section 3.
(M) "Mi odbu sons Proceeds" means arty compensation, settlement, award of damages, or proceeds paid by
any third party (other than Wurancer proceeds paid under the covssagss described in Soation S) for, (i) damage
to, or destruction of the Property; (ii.) condemnation or other taking of all or any part of 60 Property; (iii)
conveyance in lieu of condemnation; or (iv) stations of; or omissions as to, the value and/or
condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Leader against the nonpayment ci ; or default on, the
Loan.
(O) "Periodte Payment" mans the regularly scheduled amount dire far (i) principal and interest under the
Note, plus (H) any amounts under Section 3 of this Security Instrument.
(P) "R&SPA" means the Real Estate Settlement Procodures Act (12 U.S.C. Section 2601 at seq.) and its
implemaethtg regulation, Regulation X (24 C.F.R. Pact 3300), as they might be amended from time to time, or
any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESSPA" refers to all roquiroments and restrictions that am imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
4ft-*A(PA)(0%e) CHL (10105) Pps 3 0117
? 1992PG4720
Pone 3030 Val
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06127/2011 8:54:27 AM
TRANSFER OF RIGHTS IN THE PROPERTY
This Security lnetrumment secures to Lender: (i) the repayment of the Loan, and all renewals, extensions end
modifications of the Note; and (iii) the performance of Borrowee's covenants and agreements under this
Security Iurbument and the Note. For this purpose, Borrower does hereby nmortgage, grant and convey to
MERE (solely as nominee for Lander and Lendoes successors and assigns) and to the successors and assigns
of MERS, the following described property located in the
COUNTY of CUMBERLAND
[type of Rotadins Juri+dicooul (Nmo of R-acdina ]miWiattoel
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of
320 3RD ST, NEW CUMBERLAND
[shvWC41
Pennsylvania 17 0 7 0 - 2113 ("Property Address"):
(gtp ca&l
TOGETHER WITH all the Wvmvewnt9 now or haea(w erected on rho property, and all easements,
appurtenances, and fixtur= now or hetoafta a put of the property. All replacements and additions shall also
be covered by this Security Instrument. Alt of the foregoing is =fured to in this Security lnrtrument as the
"Property," Borrower understands and agrees that MERS holds only legal title to the interests Voted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, MM (as nominee for
Lender and Lender's successors and ensigns) has the right: to exemslso any or all of those interacts„ including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender
including, but not limited to, releasing sad canceling this Secudty Instrument.
BORROWER COVENANTS that Borrower is htwfally seised of the aso is hereby conveyed and has the
right to mortgage, grant and convey the Property and that the PropeRy is unencumbered, except for
encumbrances of record. Borrower warrants and will defend genendty the title to the Property against all
claims end demands, subject to any encumbrances of record,
Qt-aA{PA) (OM) CHt. (10/05) Peps a or 17
BIB 1992PG472I
Form 3M 1101
CUMBERLAND COUNTY
Instl 2DO717168 - Page 4 of 18
DOC ID #:
THIS SECURITY INSTRUMENT combines uniform covenants for nanonat use WO non-unswo...
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
Property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Paymeat of Principal, Interest, Escrow Items, Prepayment Charger, amd Late Charges. Borrower
shalt pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note. Borrower ,hail also pay funds for Escrow Items pursuant to
Section 3. Payments due under the Note and this Security Instrument shall be mete in U.S. mumey.
However, if any check or other Instrument received by Leader as payment undo the Note or this Security
instrument is ratrnnod to Lender uppaid, Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of the following forma, as selected by Loader.
(a) cash; (b) money order; (c) eardfied oboe); bank chock tressuror's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency, instru mcutality, or
entity; or (d) Electrooic Funds Transfer.
Psymcats are doomed received by Lender when received at the location d*s4natad in the Note or at such
other location as may be duignated by Lender in accordance with the notice provisions in Section 15. Lender
may return any payment or partial payment if the payment or partial payments am monf icicni to bring the
Loan current. Lender may accept any payment or partial payment insufficient to bring the Loom currant,
without waiver of any tights hereunder or pmjudica to its rights to refuse such payment or partial payments in
the future, but Lender is not obliged to apply such payments at the time such payments am aeoepted. if each
Periodic Payment is applied as of its whedated due date, then Lender need not pay interest on unapplied
funds. Lender may hold such umapplied Rinds until Borrower makes payment to bring the Loan current. If
Borrower does not do so within a remnable period of time, Lender shall either apply such hinds or return
them to Borrower. If not applied earlier, such fm& will be applied to the outstanding principal balance under
the Note immediately prior to foreclosure. No of6et or claim which Borrower might have now or in the future
against Lender shall relieve Borrower flom making payments due under the Note and this Security Instrument
or performing the covenants and agreements secumd by this Security Instrument
7. Appmeadon of Paymenis or Proceeds. Except u otherwise described in this Section 2, all payments
accepted and applied by Lander shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shell be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charges. If mom then one Periodic Payment is outstanding, Lander may apply any payment received from
Borrower to the repayment of the Periodic Payments ii: and to the wood that, each payment can be paid in
full. To the extent that any excess exists afar the payment is applied to the full payment of one or more
Periodic Payments, such axoeas may be applied to any lam charges due. Voluntary prepayments shall be
applied fuat to any prepayment charges and than as described in the Now.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Paymanti.
4%41A(PA) (moos) CHt. (1 eUbt;) Pte. s of 17 Porn" 30M 1101
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3. Funds for Barrow Items. Borrower shall pay to Lender on the day Periodic Payments no duo under
the Note, until the Note is paid in M. a suns (the "Irunda") to provide for payment of amounts due for. (a)
taxes and easements and other items which can attain priority over this Security Instrument as a lien or
anctunbrance on the ftperty; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) bOrtgaga lasorance promiurns, if any, or
any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. Thcae items are called "Escrow Rants.' At origination or at any
time during the tam of the Goan, Lender tray require that Community Association Dues, Fees, and
Assessments, if any, be asctowed by Boaower, and such dues, fia+ and assessments shall be an Escrow Item.
Borrower shall promptly finish to Lander all notices of amounts to be paid under this Section. Borrower shall
pay Leader the Funds for Escrow Items union Lender Waives Borrower's obiigntion to pay the Funds for say
or all Escrow Items. Lender may waive Borrower's obligation to pay'to Lender Funds for any or all Escrow
Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay
directly, when and wbars payable, the amounts due for say Escrow itema for which payment of Funds has
been waived by Lander and, if Lender requires, shall llfrnisb to Lender tmeipta evidencing such payment
within such time period as Larder may require. Borrower's obligation to make such payments and to provide
receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument; as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights. under Section 9 sad pay such smoum and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lander may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that ant then required under this Section 3.
Lender may, at say time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimeas of axpendituroa of future Escrow items or odherwise in accordance with Applicable Law.
The Funds shall be bold in an institution wbm deposits am insured by a federal agency, instrurnontality,
or entity (including Lender, if Lender is an instihutien whose deposits are so insured) or in any Federal Home
Loan Bank. Lander shall apply tha fiords to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower for holding and applying tine Funds6 annually aaasiyaing the escrow
account, or verifying the Escrow Items, unless Lander pays Borrower infects no. the Funds and Applicable
Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on the Funds, Lander shall not be required to pay Borrower any interest or earnings
on the Funds. Borrower and Lander can agree in writing, however, that interest shall be paid on the Funds.
Lender shall give to Borrower, without charge, an annual wooanftag of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, l endor shall account to Borrower
for the excess funds in accordance with RESPA. If there is a shortage, of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as requited by RESPA, and Borrower shall pay to Leader the
amount necessary to make up the shoctagto in accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds hold in escrow, as defined under RESPA, Lander shall notify
Borrower as required by RESPA, and Borrower shall pay to Lander the amount necessary to make up tits
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
4ft4WA,) (Mm) CHL (1405) Pop a of 17 Fovea 3039 i101
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Upon payment in full of all sums s"u nd by this Security Instr ament, Lender shall pranpdy refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fins, and impositions attributable
to the property which can attain priority over this Security Insh went, leasehold payments or `round rents on
the property, if any, and Community Association Ara, Fees, and Assessments, if any. To the extant thst these
items are Escrow Items, Borrower shall pay them in the manner pmvWed in Section 3.
Borrower shall promptly discharge any lien which has priority over this Sonority Instrument unless
Borrower. (a) agnsea in writing to the payment of the obligation secured by the lion in it manner acceptable to
Leader, but only so long as Bentrwer is performing such sgnament; (b) contests the lien in good faith by, or
defends against v*mement of the lien in, legal pmcndiW which in Lander'a opinion operate to prevent the
ecnforcement of the lies while those proceedings ass pending, but only until such proceedings an concluded;
or (c) secures from the holder of the lien an agreement saddbctory to Leader subordinating the ben to this
Security Instrument. If Lander determines that any part of the property is subject to a lien which can attain
priority over this Security humment; Lender may give Borrower a notice identifying the lien. Within 10 days
of the date on which that notice is given, Borrower shell sati* the lien or take one or more of the actions set
forth above in this Section 4.
Lender may require Borrower to pay a om-time charge for a real estate tax vorifiration and/or reporting
service used by Lender in connection with this Loan,
5. Property passes`. Borrower sW keep the kWrevaanaab now adsting or hereafter erected on the
Property insured against loss by fire, hazeuds included within the team "extended covmsge; and any other
hazards including, but not limited to, earthquakes and floods, for which Lm ader uquirat insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change fining the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Leader's right to
disapprove Borrower's choice, which right shell not be exwsind unreasonably. Lander may require Borrower
to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-time charge for flood mere determination and certification services and
subngkfmt charges each time remappings or similar changes occur which reasonably might atfeet such
determination or cartifiostioa Borrower shall also be raponsrbie for the payment of any fees imposed by the
Federal Emergency Msnagament Agency In connection with the review of any flood zone determination
resulting from an objection by Borrower.
If Bomwer fails to maintain any of the coverages deseribW above, Lander may obtain insurance
coverage, at Lenders option and Borrower's expense. Lender is under no obligation to pu mbsee any particular
type or amount of coverage. Thomfom, such coverage shall cover Lander, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against my risk, hazard or
liability mad might provide greater or leper coverage than was previously in effect Borrower selmowledges
that the cost of the insurance coverage so obtained might siga{llea dy exceed the coat of kaminee that
Borrower could have obtained Any amounts disbursed by Larder under this Section 5 shall become additional
debt of Borrower secured by this Security hastrumeat, These amoumhs shall beast interest at the Note rate from
the date af disboacment and shall be payable, with such interest, upon notice from Lender to Borrower
n9+>estmg payment.
All insurance policies required by Lender and renewals of such policies *Abe subject to Leader's right
to disupprovo such policies, shall include a standard mortgage clause, and WWI name Larder as mortgagee
and/or as an additional loss payee. Leader shall have the right to hold the policies and renewal certificates. If
41A(PA) (`ti`es) CHs- (1045) Page 7 of 17 Foma 3M 1101
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Lender requires, Borrower shall promptly give to Lender ari receipts of paid premiums mad renewal notices. it
Borrower obtains any fort of insurance coverage, not otherwise requited by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage chmse and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the innuance carrier and Leader. Lender may
make proof of Ion if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Leander, shall be
applied to restoration or repair of the Property, if the restoration or repair is wonoemically feasible and
Lender's security is not lessened. During such repair and roatoraI on period, Lender shall have the right to hold
such Insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has
bean completed to Lendees satisfaction, provided that such inspection shall be undertaken promptly. Lender
may disburse proceeds for the repairs and restoration in it single payment or in a series of progress payments
as the work is completed. Unless an agreement is made In writing or Applicable Law requires interest to be
paid on such insurance proceeds, Leader dull not be required to pay Borrower any interest or earnings on
such proceeds. Fees for public adjusters, or other third partial, raWned by Borrower shall not be paid out of
the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the
sums secured by this Security InstrumeK whether or not dharr due, with rho extras, if any, paid to Borrower.
Such Insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Propaty, Leader may file, negotiate and settle any availabletnsurance claim
and related matlen, If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the elsim. My 30-day period will
begin when the notice is given. In either event, or if Lender acquires the property under Section 22 or
otherwise, Borrower hereby snips to Lender (a) Bot oweea rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Inatrunnent, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies
covering the Property, insofar as such rigbts arc applicable to the coverage of the Property. Lender may use
the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
Security Lutrument, whether or not then due.
6.Otesahsaney. Borrower shall occupy, eatablisly and use the Property as Borraweds principal residence
within 60 days aster the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residenw for at least one year after the data of occupancy, unless Lender otherwise
agrees in writing, which consent shall not be unreasonably widtbeid, or unless extenuating ckaamstances exist
which are beyond Borrower's control.
7. Pr*servadon, lKalateaartee and Protection of the Property; lnspeedens. Borrower shall not
destroy, damage or impair the Property, allow the Property to detedornte or commit waste an the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintak the Property in order to prevent
the Property from detarioratutg or decreasing in value due to its coatditiom Unless it is determined pursuant to
Section 5 that repair or restoration is not economically ferwUo, Borrower shall promptly repair the Property if
damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taidng of, the Property, Borrower shall be responsible fur repai ing or
restoring the Property only if Leander has released proceeds for such purposes. Leander may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
4% ?A(P1) (OW) CHL (10103) Pp. s d /y Form 3WY 1101
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completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make mumble entries upon and inspections of the property. If it has
reasonable cause, Lander may inspect the Interior of rho improvements on the Property. Lander shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
g. Borrower's Lost Application. Borrower shall be in default if, during rho Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Material nept tations include, but
are not limited to, rvprosentations concerning Borrower's occupancy of the property as Borrower's principal
residence.
9. Praecdon of Lender's ink i"t In the Property aad R*kts Under this Securhy lub aatnk If (a)
Borrower fails to perform the covenants and agts contained in this Security Instrumneat, (b) there is a
legal proceeding that might significantly affbct Lendds interest in the Property sad/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for c oadoumdoa or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to aferoe laws or
regulations), or (q) Borrower has abandoned the Property, thou bender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the property and rights under this Security Instrsm evt,
including protecting and/or assessing the value of the Property, and securing aadlor repairing the Property.
Lender's actions can include, but ate not limited to: (a) paying any sums secured by a lien which has priority
over this Security butrrm edit; (b) appearing in court; and (e) paying reasonable attorneys' foes to protect its
interest in the Property and/or rights under this Security lraskument, including its secured position in it
banhuptcy proceeding. Securing the Property includes, but Is not limited to, entering the property to make
repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or
other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take
action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It
is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. There amounts shall bear interest at the Note rate from the date of disbunament
and "I be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Insovaoent is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the msrger in writing.
10. Mortgage Imuraaca if Lender required Mortgage Insurance as a condition of maitiag the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If. for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insuuanes and Borrower was required to make separately designated. payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage hrrunuco previously in offock at a cost substantially equivalent to the
cost to Borrower of the Mortgage havoaea previously in affect, from an alternate mortgage insurer selected
by Lender. If substantially equivalent Mortgmtge hmmace coverage is not available, Borrower shall continue
to pay to Lender the amount of the sopetately designated payments that were due when the insurance coverage
ceased to be in effect. Lender will scoapt, use sad retains that payments as a non-retlndable Iona reserve in
lieu of Mortgage Itummnem Such lose reserve shall be non-rafundablo, notwithstanding the fact that the Loan
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is ultimately paid in full, and Lender shall not be requin A to pay Borrower any interest or earnings on sucb
loss reserve. Lender can no longer require loss reserve payments if Mortgage Insu mmce coverage (in the
smount and for the period that Lender requires) provided by an insurer selected by Lender again becomes
available, is obtained, and Leader requires separately designated payments toward the premiums for Mortgage
Insurance. if Leader required Mortgage Insurance as a condition of soaking the Loan and Borrower was
required to make separately designated payments toward the pmmiums for Mortgage Insuance, Borrower
shall pay the promiums requited to maintain Mortgage Insurance in el%ct, or to provide a non-refundable loss
reserve, until Leader's requirement for Mortgage Insurance ends in accordance with any written "moat
between Borrower and Lender providing for such ter minstlon or until termination is required by Applicable
Law. Nothing in this Section 10 affects Bonvwads obligation to pay interest at the rate provided in the Now.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain looses it may
incur if Boaower does not May the Loan as agreed. Borrower Is not a party to the Mortgage Insurance.
Mortgage insurers ovsluate their total risk on all such izonanee in force them time to time, and may enter
into agreements with other parties that share or modify their flak, or reduce loam, Thera agreements am on
tens and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage. insurer to snake payments using any source of funds
that the mortgage insurer may have available (which may include Rinds obtained from Mortgage Insurance
pr crahuns).
As a result of these agreements, Lender, any purchaser of the Note, another inswer, any reinsurer, any
other entity, or any affiliate of any of the forogoiag may receive (directly or indirectly) amounts that derive
ft m (or might be characterizod as) a portion ofBorrower'a payments for Mortgage Insurance, in exchange for
sharing or modifying the mortgage insurerss. risk, or reducing losses. If such agractnent provides that an
affiliate, of Lender takes a share of the insurers risk in exchange for a sham of the premiums paid to the
insurer, the arrangement is ollen ternned "captive relarurance." Further:
(a) Any such %pva septa will not Whet Use annoonb that Mbrrorrer has agreed to pay for Mortgage
Insurance, or slay other terms of the Lotus. Such agnamesift will not haereass the amount Borrower will
owe for Mortgage Inswavm, and they will and sattida Borrower to any refund.
(b) Arty such agnsm ab Mir not affect the rlglab Borrower has - if say - with respect to the
MortM Insursuee nailer the Homeowners; Prolsation Act of 139" or any other kw. That rights may
hwlade the right to receive certain diaclomor s, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgap Innraneo to vollou ted sationatkaBy, ardlor to receive a refund of any
Mortgage Insurance premiums that were mtessrmd nt the these of suck eaucellatian or termination.
11. Asaipusent of M offlaneous Proorsda; Forfdtars. All Miscellaneous Proceeds art hereby
assigned to and shad be paid to Leader.
If the Property is damaged, such Miscellaneous Proceeds shell be applied to restoration or repair of the
Property, if the restoration or repair is economically f3eWble and Lenders security is not lessoaed. During such
repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportunity to inspect such Propotty to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaker promptly. Lender may pay for the repairs and restoration in
a single disbursement or in a series of progcasa payments as the work is completed. Unless an agreement is
made in writing or Applicable Law requirar interest to be paid on such Miscellaneous Proceeds, Lauder shall
not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or
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repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall
be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided fbr in Section 2.
In the event of a total taking, destruction. or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums sec=4 by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immedlately before the partial taking, destruction, or loss in value is equal to or greater than
the amount of the autos secured by this Security Instrument; inurmliately before the partial taidng, destruction,
or toss in value, unless Borrower and Leader othawise agree in writing, the sums Pouted by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fiacdon:
(a) the total smount of the sums secured iminediatcly before the partial taking, destruction, or loo in value
divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss
in value. Any balsam shall be paid to Borrower.
In the event ofa partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of
the sums secured immediately before the partial t in& destruction, or loss in value, tmleo Borrower end
Lender otherwise agree in writing, the Miscellaneous Prooeeds shall be applied to the sums secured by this
Security Instrument whether or not the sums area then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the poet sentence) offers to make an award to settle a claim for damages, Borrower fails to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply
the Miscellanmus Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Laude's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, roinstats as provided in Section 19. by caug ag the action or proceeding to be dumiwed with a
ruling that, in Lender's judgment, precludes forNturs of the Property or other material impairment of Lender's
interest in the Property or rights tinder this Security Instru nicuL The proceeds of any award or Chaim for
damps that are attributable to the impairment of Lender's interest in the Property are hereby assigned and
shall be paid to Lander.
All M iiscellancoux Proceeds that era not applied to restoration or repay of the Property shall be applied in
the order provided for in Section 2.
12. Borrewor Not Rdeased; Forbsarsaae By Lender Not a Waiver. Extension of the time for
payment or modification' of amortization of the sums secured by this Security Instrument granted by Lender to
Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any
Successors in Interest of Borrower. Leader shall not be requited to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortisation of
the sums secured by this Security Instrument by mason of any demand made by the original Borrower or any
Successors in Interest of Borrower. Any forbearance by Leader in exercising any right or remedy including,
without limitation, Undoes acceptance of payments from third persons, entitios or Suomm a in Interest of
4 -aaA(PA) tosos) GML (10103) Pew 1S or 17 Form 3039 1101
BK 1992PG4728
.....__._.- -
ACM7YM4? a-se•o7 n he - el MARFRI ANn nni YN7Y InstA 200717168 - Peoe 11 of 18
DOC ID #(:
Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any
right or rct nody.
13. Mat and Several Lk Wty; C94pwx% Successors mW Assigns Soaad. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-aignee): (a) Is co-signing this Security
Instrument only to mortgage, grant and convey the co-riptes interest in the Property under the stems of this
Security Wtrument; (b) is not personally obligated to pay the rums soared by this Security Instrument: and
(c) agrees that Lender and any other Borrower an agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's
consent.
Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes BoBOwe e3
obligations under this Security lnstrum i in writing, and is approved by Lender, rl" obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower 9W not be released fawn Borrower's obligations
and liability under this Sorority Instrument unless Lender agrueos to such release in writing. The covenants and
agreemants of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors
and assign of Lender.
14. Loan Clargts. Lender may charge Borrower fea for services performed in connection with
Borrower's default, for the purpose of protecting Lerfdar's interest In the Property and rights under this
Security Instrument, including, but not limited to, etiomeye foes, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to chsRe s specific fee to
Borrower shall not be consumed as a prohibition on the charging of rich fee. Leader may not charge fees that
are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, therm: (a) any such loan charge shag be radnwed by the amount necessary to reduce the charge
to the permitted limit; and (b) any suns already coin gum Borrower which exceeded permitted limits will
be retimded to Borrower. Lender may choose to make this refund by reducing the principal owed under the
Note or by maidng a direct payment to Borrower. If a refund reduce, principal, the reduction will be uroated as
a partial prepayment without any prepayment charge (w&Aw or not a prepayment charge is provided for
under the Note). Boaowers acceptance of any such refund made by direct payment to Borrower will
constitute a. waiver of any right of action Borrower might have arising out of snob overcharge.
15. Notkes. All notices given by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borrower in connection with this Security In>dtument shell be deemed to have
been given to Borrower when mailed by fait class ,pail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice adduera shall be the Property Addran unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address, If Larder specifies a procedure for reporting Bonowmes change of
address, that Borrower shall only report a chaaga of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at any one time. Aay notice to Lender shall
be gives by delivering it or by quailing it by first clan mail to Lender`s address stated heroin unless Lender has
designated another addneas by notice to Borrower. Any notice in connection with this Security instrument
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
t%-dA(PA) (ceoe) CHL (i MM Poo 12 d 17 Faro 2039 Vol 00
ON, 1992PG4729
na)7nni4 A-rA->r AKA
rr IURFRI ANn rot iNTV Innt # 900717188 - Page 12 of 18
DOC ID #:
this Security Instrument is also required under Applicable Law, the Applicable Law regniremant will satisfy
the corresponding requirement under this Security Imtrument.
16. Governbeg Law; Severali ty; Auks of Coutrrredon. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is looated. All rights and obligations
contained in this Security Instrument an subject to any requirements and limitations of Applicable Law.
Applicable Law might mcplicitly or implicitly allow the patties to agree by contract or it might be silent, but
such silence shall not be construed as a probibitioa against agmerneat by contract. In the event that any
provision or clause of this Security Ltstrumad or the Noon conflicts with Applicable Law, such conflict shall
not affect other provisions of this Security Instrument or the Note whicb cam be given effect without the
conflicting provision,
As used in this Security Instrument (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine geodes, (b) words in the singular shall mesa and include
the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any
action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of Us Security Instrument.
I& Transfer of the Property or a DenedcW Interest In Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for dead, contract for deed, installment sales contract or escrow
sgreement, the intent of which is the transfer of tide by Borrower at a future daft to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lande:t's prior written
consent, Lender may require immediate payment in full of all sums secuuod by this Security lashument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these
sumf prior to the expiration of this petiod, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's 81ght to.Rdustate Alper Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the
earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security
instrument; (b) such other period as Applicable Law might apmfy for the termination of Bonrawefs right to
reinstate; or (c) entry of a Judgment enforcing this Security Instrumeat Those conditions are that Borrower.
(a) pays Lander all am which then would l e due under this Security Instrummt and rho Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements-, (c) pays all expenses
incurred in enforcing this Security Inetrument, including, but not limited to, reasonable anorneys' fees.
property inspection and valustivn fees. and other few incurred for the purpose of protecting Leader's interest
in the Property and rights under this Security lnstrument; and (d) takes such action as Lender may reasonably
require to assure that Leader's interest in the Property and rights under this Security Instrument, and
Horoowefs obligation to pay the sums secured by this Boom* Instru vol shall continue unchanged. Lender
may require that Borrower pay such minstatement sums and expenses in one or morn of the following forms,
as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's
chock, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
4ft -9A(PA) (OM) CHL (IMM Now 13 *(17 Farm 3039 7101
OK 1992PG4730 ??
nA/97/7011 R•F4•97 AM , Cl IMRFRI AND COUNTY InsL# 200717168 - Page 13 of 18
DOC ID #:
instrumentality or soft; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
Instrument and obligations secured hereby shall remain My effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Lou Serviver; Notice of Grimace. The Note or a partial interim in the
Note (together with this Security lnstavment) can be sold one or mom times without prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Savicee) that collects Periodic Payments
due under the Note sad this Security lnaument and porfonns other mortgage loan servicing obligations under
the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
Servicer unrelated to it sale of the Note. If them is a change of the Loan Scrviw, Borrower will be given
written notice of the changa which will state tote name and address of the new Loan Savicer, the
address, to which payments should be aside and any other information RESPA rapines in connection with a
notice of transfer of servicing. If the Note is sold and thmreafkar the Loan is serviced by a Loan Servicer other
than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan
Savicer or be transferred to a successor Loan Scrviccr and are not assumed by the Note purchaser unless
otherwise provided by the Note purchaser,
Neither Borrower nor Leader may commence, join, or be joined to any judicial action (as either on
individual litigant or the member of a class) Wet arises from the other party's actions pursuant to this Security
Instrument or that alleges thrit the other party has breached any provision o£ or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged broach and afforded the other party hear to a
mmonable period after the giving of such notice to take oorroctive action, If Applicable Law provides s time
period which mat elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of seeeleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfy the notice and opportunity to take corrective action provisiars of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pagutanta, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" menu federal laws and laws of the jctcisdic6ora whets the Property is located that relate
to health, safioty or environmental protection; (c) "Environmental Cleanup" includes any responec action,
remedial action, or removal action, as deffaned in Environmental Law; and (d) an "Environmental Condition"
mesas a condition that can case, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit rho preaence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substrancets, on or in the Properly. Borrower shall not do, nor
allow anyone she to do, anything aflbcting the Property (a) that is in violation of any Environmental Law, (b)
which creates an Environmental Condition, or (a) which, due to the presence, use, or release of a Hazu4m a
Substance, creates a condition that adversely affect the vahm of the Property. The preceding two sentences
shall not apply to the presenter, use, or storage on the Property of small quantities of FLzardous Substances
that arts generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but trot limited to, hazardous substances in consumer products).
4%4WPA) (osos) CHL (18106) Pq* 14 or 17 Form 30111 Vat wit ?1111"?
OW1992PG4731
n MW')n, 4 0.c4.1.1 Aga ri AARPPI akin rni iNTV Inct it 901171716R - PaaR 14 of 18
DOC ID #): -- ---- - -
Borrower shall promptly give Lender written notice of (a) any investigation, olaim, demand, lawsuit or
other suction by any governmental or regulatory agency or private party involving the Property and any
hazardous Substance or Environmental Law of which. Borrower has actual knowledge, (b) any Environmental
Condition, -including but not limited to, any spilling, leaking, discharge, release or threat of relemse of any
Hazardous Substance, and (c) any condition caused by the presence,, use or release of a Hazardous Substance
which advafsoly affects the vacua of the Property. If Borrower lawns, or is notified by any govetrumentai or
reguiatory authority, or any private party, that any removal or other romodiadon of any hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Reraeddes, Lender shall give notice to Borrower prior to accakration following
Borrower's breach of any covenant or agreement In this Secvrdty Instromeat (bat not prior to
accelerad" under Section ig unless Applicable Law provides otherwise). Lender shell acuity Borrower
of, among other Wage: (a) the default; (b) slue action regrind to two tbo default; (c) wheat the defmnit
must be eared; and (d) that fallare to cure the def mk as specified may resslt In acceleration of the cams
secured by this Seca ft btstrneseat, foreclosure by judicial proceeds and saw of the Property. Lender
shall farther Inform Borrower of the right to reinstate after aceelersdom and the right to assert In the
foreclosure proceeding the non-esistsace of a default or any otber dolex" of Borrower to accdr+ don
sad foreclosure. If the default Is not cured as spedded, Leader at No option any require hamadltte
payment In flea of all same secured by tide Security Iastraant without farther demand sad may
foreclose this Seeodty Instrument by JvAklad proeeedheg. Leader shall be, oadtled to collect all expenses
Incurred in pursuing the remedies provided In this Section 22, Including, but not Baked to, attorneys'
fees mad costa of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Iustrummtt Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Walvem Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Inabument, and hereby waives the benefit of any present or
fuhue laws providing for stay of execution, extension of time, exemption fbm attachment, levy and ask, and
homosi ad exemption.
23. Reinstatement Period. Borrower's time to reinstates provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument
26. Parehase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument WWI be a purchase money nwrtgagc.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time under
the Note.
4R4AMA) (oboe) eHL (IONS) Peet, is of 17 Farm Side 1101
BR41992PG473Z
'.•ln7=i l R•5A-97 dad fa IMRFRI AND r:nl INTY Inst.# 200717168 - Pape 15 of 18
DOC ID #: 0i
BY SIGNING BELOW, Borrower accepts and Weer to the to ms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
(Seal)
OLM D. WERTZ -Borrower
(sew)
-Borrower
--- (Seal)
Borrower
(sew)
-Borrower
4%4WPA) (0508) cHL (10109) Pw• se all Fam 3039 1101
BK.! 992PG4733
nCM7M „ a•FA.o7 AhA N IAARVPI AMr) rtrll IAITY Inst.# 200717168 - Paae 16 of 18
D #: -
COMMONWEALTH OF PENNSYLVANIA, DOC
C? boa C County u:
On this, the N\ day of i., t a nQ1 , before me, the
undersigned officer, personally appeared
known to me (or ssdds scmrily proven) to be the
person(s) whose name(s) is/am subscribed to the within instrument and acknowledged that he/shalicy
executed the same for the purposes herein contained.
IN WITNESS WflnEOP, I hereunto set my hand and official sea]
My Commission Expires:
MIFISMIL
" .
;A= V. VALENT N, Notn7 Public
, Pbaryl+.oir A,wocMrlou d Not+.in
do hereby certify that
the correct address of the within-named M ee is P.O. Box 2026, Flint, MI X49501-2026.
Witness my hand this \\ day ofNkt?
__ .
M"IR USHRICURO NKMIUM& \?
JACK V. VALMaM, Nwary P*& ApntofMcApgt
Lower FAMn Twp, Daapl?6i CauNy
My- Member, Peneso wuia Awoek6w ONM&ka
4 ft4WPA);OW$) CHL (10f08) Page t7 of 17 Pam 3039 IMI
CertiBcttts of Rgld?ce
BX- 19-92PG4734
nR197(9n4'1 p•gA•77 4Ad r.11KARFP1 ANn rrn iNTV - InstA 200717968 - Paoe 17 of 18
kha&k
Legal Description
ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland,
county of Cumberland and State of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGXNNXNG at a point on the easterly line of Third Street thirty-two (32) feet
southwestwardly from the southwest corner of Third Street and Locust Avenue;
thence In a southwestwardly direction along the easterly line of Third Street a
distance on forth=three (43) feet, more or less, to a posh thence on a line at right
angles with the Use of Third Street, a distance of one hundred forty (140) feet to a
post along the westerly line of a twenty (20) foot wide public alley; thence
northeastwardly along the westerly )We of said public alley, a distance of forty-three
(43) feet: more or less, to it point; thence on aline at right angles to said public alley,
a distance of one hundred forty (140) feet to the place of BEGINNING.
BEING part of Block A, as laid down in the Plan of Buttorffs Addition to the
Borough of New Cumberland.
HAVING THEREON ERECTED a dwelling house known and numbered as 320
Third Street, New Cumberland.
BEING Parcel No. 25-25-0006-247
1 Certify 1h1S L(3 Oc I'L'COF(J?:C3
111 Cumberland County PA
a
v
1-4 1 Recorder of I?oed--
0911992PG4735
:Ar771,?na 9 R•1,A•?7 ANA (`I JMRFRI ANn nni INTY InstA 200717168 - Palle 18 of 18
EXHIBI
T
0006FV i
When recorded please rteturn to:
Milstead & Associates, LLC
220 Lake Drive East, Ste 301
Cherry Hill, New Jersey 08002
e
ASSIGNMENT OF MORTGAGE
KNOW ALL MEN BY THESE PRESENTS, that Mortgage Electronic Registration
Systems, Inc, existing under the laws of the State of Delaware, (Assignor), in consideration of
the sum of $1.00 (One) Dollar(s) lawful money of the United States, to Assignor in hand paid by
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-
BACKED CERTIFICATES, SERIES 2007-8 (Assignee) at or before the ensealing and
delivery of these presents, the receipt whereby is hereby acknowledged, has granted, bargained,
sold, assigned,. transferred and set over, and by these presents does grant, bargain, sell, assign, -
transfer and set over unto the said Assignee a certain Indenture of Mortgage bearing the date of
May 11, 2007 in the amount of $140,675.00 made by Malcolm D. Wertz, given to Mortgage
Electronic Registration Systems, Inc., as nominee for Countrywide Home Loans, Inc., dba
America's Wholesale Lender. Said mortgage was recorded on May 21, 2007 in Mortgage Book
Volume 1992 Page 4718 in the public records of Cumberland County, Pennsylvania, upon the
following described piece of parcel of land, to wit:
Property more commonly known as:
320 3rd Street, New Cumberland, PA 17070
Parcel 25-25-0006-247
The undersigned Assignor hereby certifies the precise address of the Assignee, Mortgage
Electronic Registration Systems, Inc., is 1901 East Voorhees Street, Suite C, Danville, IL
61834.
Together with the Note and obligations therein described and the money due and to
become due thereon with interest, and all rights accrued or to accrue under such Mortgage.
TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns, forever,
subject only to the terms and conditions of the above-described Mortgage.
IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of
Mortgage on the // day of JU , 2011.
Mortgage Electronic Registration Systems,
Inc.
By: X;2 ?_
!;ar?
ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF Vt-,-4-rA-
On --S"' lT t 2D W before me, 'Gn ti Y W o.ti . ?a ho c y t°w6 ?.
(I?SeR ornu an ti of the ofiee?-
personally appeared &dx t. a
who proved to me on the basis of satisfactory evidence to be the person(g whose nameVis?rd
subscribed to the within instrument and acknowledged to me that WshelXy executed the same
.
in NS1wh eir authorized capacity(, and that by } Iher/toit signatureA on the instrument
the person- or the entity upon behalf of which the personoocted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
ERIC T. WAY
Commission # 1835518
WITNESS my hand and official seal. < Notary Public - California
Los Angeles County
IOMYCOmm, Ex res Feb 7, 2013
Signature (Sea])
'b) a-c.L,4 ?-o : s?Z{?,,?e..?- e F 1 ?°r' fie, f''L? (c a ( p k1 r d
7/vi /N OAP
....... - .....J.,..__ ?,........_,.... _.._.._ _._., ?._.._ w ?_ _ _...........
lk
Exhibit "A"
ALL THAT CERTAIN tract of had situate in the Borough. of New Cumberland,
county of Cumberland and State of Pennsylvania, more particularly bounded and
described as follows, to witt:
BEGZMING it a point on the easterly line of Third Street thirty-two (32) feet
southwestwardly from the southwest corner of Third Street and Locust Avenue;
thence in a sonthwestwardly direction along the easterly line of Third Street i
distance on forth-'three (43) feet, more or less, to a post; thence on a line at right
angles with the Ime of Third Street, a distance of one hundred forty (140) feet to a
post along the westerly We of a twenty (20) foot wide public alley; thence
northeastwardly along the westerly line of said public alley, a distance of forty-three
(43) feet, more or less, to a point; thence on aline at right angles to said public alley,
a distance of one hundred forty (140) feet to the place of BEGE,,TMG.
BEING part of Block A, as land down in the Plan of Buttorff's Addition to the
Borough of New Cumberland.
HAVING THEREON ERECTED a dwelling house known and numbered as 320
Third Street, New Cumberland.
BEING Parcel No. 25-25-0006-247
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201122186
Recorded On 8/10/2011 At 10:52:00 AM
* Instrument Type - ASSIGNMENT OF MORTGAGE
Invoice Number - 91432 User ID - ES
* Mortgagor - WERTZ, MALCOLM D
* Mortgagee - CWABS
* Customer - MILSTEAD & ASSOCS
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES - $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $50.50
I Certify this to be recorded
in Cumberland County PA
RECORDER O
* Total Pages - 4
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
" - Information denoted by an asterisk may change during
the verification. process and may not be reflected on this page.
1111111111111
EXHIBIT ?
ALL THAT CERTAIN tract of land situate in the Borough. of New Cumberland,
county of Cumberland and State of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the easterly line of Third Street thirty--two (32) feet
southwestwardly from the southwest corner of Third Street and Locust Avenue;
thence any a southwestwordly direction along the easterly line of Third Street a
distance on forth-three (43) feet, more or less, to a post; thence on a line at right
angles with the line of Third Street, a distance of one hundred forty (140) feet to a
post along the westerly line of a twenty (20) foot wide public alley; thence
northeastwardly along the westerly line of said public alley, a distance of forty-three
(43) feet, more or less, to a point; thence on a line at right angles to said public alley,
a distance of one hundred forty (140) feet to the place of BEGINNING.
BEING part of Block A, as laid down in the Plan of Buttorff's Addition to the
Borough of New Cumberland.
RAVING THEREON ERECTED a dwelling house known and numbered as 320
Third Street, New Cumberland.
BEING Parcel No. 25-25-0006-247
BankofAmerica
-s+.
Home Loans
PO Box 9048
Temecula, CA 92589-9048
Send Payments to.,
P.O. Box 15222
Wilmington, DE 19888-5222
Send correspondence to:
PO Box 5170, MS SV314B
Simi Valley, CA 93085
EII?IIY??IIIIMI?
2250638147
20110801-7
??lll?l?lii'??I?hll"II?III'?rl?lllm'?l'I?Ilinil?"lll?'ri'
Malcolm D Wertz
320 3rd St
New Cumberland, PA 17070-2113
PRESORT
First-Class Mail
U.S. Postage and
Fees Paid
WSO
BLQPAI 1207D 12123/2010
Bankof America
Home Loans
P.O. BOX 660694
Dallas, 7X 75266.0694
Send Payments to.
P.O. Box 95222
WNmington, DE 99866-5222
June 1, 2011
Malcolm D Wertz
320 3rd St
New Cumberland, PA 17070-2113
Account No.:
Property Address:
320 3rd St
New Cumberland, PA 17070-2113
Current Servicer:
BAC Home Loans Servicing, LP
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This Is an official notice that the mortcaue 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 panes
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save Your home
This Notice explains how the proaram works
To see If HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE
DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency
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 NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN
SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACON OBTENGA UNA TRADUCCI6N
INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL
NOMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRLSTAMO 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): Malcolm D Wertz
PROPERTY ADDRESS: 320 3rd St
New Cumberland. PA 17070-2113
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDER(SERVICER: RAC Home Loans Sewininn f a s, ehhf.er.us.., s 0-1, s A .r m
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.
This communication Is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan.
Pkssa write your scam" number on of checks and oomaepondenoe.
We may Crepe you a fee (of up to ;0.01)) for any payment rekaned or re)eded by your financial Institution. subject to applicable law. BLaPAt 1267012/23Q010
Payment Instructions. Account Number.
• Make Your check payable to sac Malcolm D Wertz Balance Due for charges Rated above: $21,448.28 as of June 1, 2011.
Home Lwm Ssrvkirp, LP
• Don% send rash 320 3rd St Plan" update e-mail Information on the mvene side of this coupon.
• Please Include coupon with you
pay-M New Cumberland, PA 17070-2113 (dMonal
BLDPAI
For al lug month pendent pertods.
i
A
nterest Is calcuWodon amonthlybasis.
Aocord Vy, Wwast for all M momhs. h lh h IL h. i Ihn II h 1 h IL I Lur I I
I I I I I I I'1 III ?' I I III I I j Esams,
=annual ery, Is calculated as
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IrrespedNe of BAC Home Loans Servicing, LP
,
the scud number of days In the month. PO BOX 15222 rch=
For partial mwhths, Inlereal is catatlated
dil
Wilmington, DE 19886-5222 J r..
ly on the basis of a 365 day year.
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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
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 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 and of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY
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 against you for Thirty (30) days after the date of this meeting. The names.
addresses and telephone numbers of deslanated consumer credit counseling apencles 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.
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 nature 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 the 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 MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME
PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINSTYOUR HOME IMMEDIATELYAND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - 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 Pennsylvania 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.)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
320 3rd St New Cumberland, PA 17070-2113
IS SERIOUSLY IN DEFAULT because
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now
past due:
Monthly Charaes: 12101/2009
05/01/2011
Late Charaes: 12101/2009
Other Charges; Uncollected Late Charges:
Uncollected Costs:
Partial Payment Balance:
TOTAL DUE:
YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable)
$18,958.40
$2,260.92
$138.96
$0.00
$90.00
($0.001
$21,448.28
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE
TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $21,448.28 PLUS ANY MORTGAGE PAYMENTS AND LATE
CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Payments must be made either by cashier's check certified check or money order made payable and sent to:
BAC Home Loans Servicing, LP at P.O. Box 15222, Wilmington, DE 19886-5222.
This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan.
E-map use: ProNding your e-mail address below will allow us to send you information on your account.
Account Number. 167900671
Malcolm D Wertz E-mail address:
How we post your payments: An accepted
payments of principal and Interest will be applied to
the longest outstanding Installment due, unless
otherwise expressly prohibited or limited by law. If
you submit an remount in addition to your scheduled
monthly amount, we will apply your payments as
follows: p) to outstanding mond* payments of
principal and hderest, (1) escrow deffolandes, (0) late
charges and other amounts you owe in connection
with your loan and (W) to reduce the outstanding
principal balance of your loan. Please specify if you
want an additional amount applied to future payments,
rather than principal reduction.
Postdated checks: Postdated checks will be
processed on the date received unless a loan
counselor agrees to honor the date written on the
check as a condition of a repayment plan.
You can cure any other default by taking the following action within THIRTY f30) DAYS of the date of this letter. (Do not use if not
applicable
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 mortgage 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 mortgaged 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) DAY 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 anytime up to one
hour before the Sheriff's Sale. You may do so by paying 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 under the mortgage. 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 Sheriff's Sale of the mortgage
property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the
Sheriffs Sale will 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: BAC Home Loans Servicing, LP
Address: P_ O. Box 660694 Dallas, TX 75266-0694
Phone Number: 1-800-669-6654
Fax Number: 1-847-230-6811
Contact Person: MS TX2-977-01-13
Attention: Loan Counselor
We are currently developing a process to ensure secure email communications for your Home Retention Inquiries. In the
interim, please contact us at the telephone number or address provided.
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will and your ownership of the mortgaged property and your
right to occupy it. If you continue to live In the property after the Sheriff's 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 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 THIRD PARTY ACTING ON YOUR 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 TIMES IN ANY
CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Your loan is in default. Pursuant to your loan documents, BAC Home Loans Servicing, LP may, enter upon and conduct an inspection
of your property. The purposes of such an Inspection are to (1) observe the physical condition of your property, (II) verify that the
property is occupied and/or (iii) determine the Identity of the occupant. If you do not cure the default prior to the Inspection, other
actions to protect the mortgagee's Interest In the property (Including, but not limited to, winterization, securing the property, and
valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be
charged to your account as provided in your security Instrument.
If you are unable to cure the default on or before July 1, 2011, BAC Home Loans Servicing, LP wants you to be aware of various
options that may be available to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For
example:
• Repayment Plan: It Is possible that you may be eligible for some form of payment assistance through BAC Home Loans
Servicing, LP. Our basic plan requires that BAC Home Loans Servicing, LP receive, up front, at least 1/a of the amount
,r
This communication Is from BAG Home Loans Servicing, LP, the Bank of America company that services your home loan.
necessary to bring the account current, and that the balance of the overdue amount be paid, along with the regular
monthly payment, over a defined period of time. Other repayment plans also are available:
Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of the loan
by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure
alternative, however. is limited to certain loan types.
Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, It is possible that the sale of
your home can be approved through SAC Home Loans Servicing, LP even If your home Is worth less than what is owed
on it.
• Deed-In-Lieu: Or, if your property Is free from other liens or encumbrances, and if the default is due to a serious financial
hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the
foreclosure sale.
If you are interested in discussing any of these foreclosure alternatives with SAC Home Loans Servicing, LP, you must contact us
Immediately. If you request assistance, SAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extended
to you. In the meantime, SAC Home Loans Servicing, LP will pursue all of its rights and remedies under the loan documents and as
permitted by law, unless it agrees otherwise In writing. Failure to bring your loan current or to enter into a written agreement by July 1,
2011 as outlined above will result in the acceleration of your debt.
If your loan is currently being evaluated for a loan modification, forbearance or other loan assistance solution, this notice will no cancel
or delay that evaluation process. However, It Is Important that you promptly respond to all requests made in connection with your
evaluation for a loan assistance solution, Including all requests for you to contact us and any documentation required. If you do not
comply with these requests in a timely manner, it may cause your loan to enter the foreclosure process as indicated In this notice. If
your loan is not eligible for a loan assistance program, please note this letter will continue to serve as notice of our right to Initiate
foreclosure.
Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center Immediately at
1-800-669-6654.
This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan.
`Attachment: Itemization of Charges and Fees
Monthly Charges:
Late Charges:
Other Charges:
12/01/2009 - (W-L30/2011
05/01/2011 - 06/30/2011
12/01/2009 - 02/28/2010
Uncollected Late Charges:
INSPECTION-OCCUPIED
Partial Payment Balance:
$4s115.20 $18,958.40_ n
$1,130.46 $2,260.92
cLD $46.32 $138.96
$0.00
$90.00
($0.00)
TOTAL DUE: $21,448.28
This communkcation is from BAC Home Loans Servicing, LP, the Bank of Americe company that services your home loan.
2250636147
CONSUMER CREDIT COUNSELING AGENCIES- SERVING YOUR COUNTY
CUMBERLAND COUNTY
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
886.511.2227
888.511.2227
Community Action Commission of Captial
Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757
Maranatha PHFA
43 Philadelphia Avenue 211 North Front Street
Waynesboro, PA 17268 Harrisburg, PA 17110
717.762.3285 717.780.3940
800.342.2397
PA Interfaith Community Programs Inc
40 E High Street
Gettysburg, PA 17325
717.334.1518
This communication is from BAC Home Loans Servicing, LP, Ore Bank of America company that services your home loan.
Options are Available to Help You
Avoid Foreclosure
Call the number on the enclosed notice to learn more.
When you call, please have your income and expense information available
so we can discuss which option(s) could work for you.
Options to consider if your goal is to stay in your home
Home A federal government program that allows you to repay the loan on newly agreed upon terms, which
Affordable may include lowering the interest rate, placing past due amounts at the end of the loan, and/or
Modification extending the term of the loan. You may be eligible for this program if you meet the following
Program requirements:
(RAMP)
• The home is your primary residence and you currently live in it.
• The amount you owe on the first mortgage is equal to or less than $729,750 for a single-family
home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or $1,403,400 for a 4 unit
property
• You have experienced a hardship that has impacted your income. For example, a significant
increase in your mortgage payment OR reduction in your income OR other hardship.
. Your mortgage was obtained before Jan. 1, 2009.
• Your payment on your first mortgage (including principal, interest, taxes, insurance and
homeowner's association dues, if applicable) is more than 31 % of your current gross income. To
calculate this, divide your first mortgage payment by your gross income (income before taxes).
Loan if you can bring your loan payments up to date, we will accept the funds needed to bring the loan up
Reinstatement to date until the day of your foreclosure sale.
Repayment A temporary agreement which allows for the repayment of the unpaid, past due amount along with
Plan regular mortgage payments. This may include principal, interest, fees, and/or costs assessed to your
loan.
Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments for a
Forbearance period of time, to allow you to re-establish your ability to make the required payments.
Agreement
Loan Repay the loan on newly agreed upon terms, which may include lowering the interest rate, placing
Modification amounts past due at the end of the loan, and/or extending the term of the loan.
(non-RAMP)
Partial Claim If you have a Federal Housing Administration (FHA) loan and your payments are past due but you
(FHA loans are now able to make your regular monthly mortgage payment, this program is designed to bring your
Only) loan up to date by creating a second mortgage/lien on your property for the amount that is past due.
Options to consider if you cannot or do not wish to stay in your home
Home Designed to help borrowers who are eligible for the Home Affordable Modification Program (HAMP)
Affordable but were unsuccessful in securing a permanent modification through the program. HAFA provides the
Foreclosure option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A short sale is a transaction
Alternatives in which you sell your property for less than the total amount owed on the loan (subject to agreement
Program by your servicer/lender/investor), resulting in the release of our lien on your home and avoidance of
(HAFA) foreclosure. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfer
ownership of your property to us in order to avoid foreclosure.
Short Sale/ Offered to borrowers who are not eligible for HAMP or other home retention alternatives. With a short
Preforeclosure sale, you sell your property for less than the total amount owed on the loan (subject to agreement by
Sale your servicer/lender/investor), resulting in the release of our lien on your home and avoidance of
(non-HAFA) foreclosure.
Deed in Lieu of Offered to borrowers not eligible for HAMP or other home retention alternatives, and who were not
Foreclosure able to sell the property through a short sale. With a deed in lieu of foreclosure, you agree to
(non-HAFA) voluntarily transfer ownership of your property to us In order to avoid foreclosure.
.99 We are here to help you. Please call us today.
2250638147
Hay Opciones Disponibles Para Ayudarle a
Evitar la Ejecucion Hipotecaria
Llame al n0mero que aparece en la notificacibn adjunta para obtener mss
informaci6n
Cuando flame, tenga Is informacl6n de sus ingresos y gastos disponibles para quo podamos
discutir cual opci6n(es) pueden funcionar pare usted.
Opciones a considerar si su objetivo es permanecer on su casa
Home Affordable Un programs del goblerno federal qua Is permits pagar el pr6stamo bajo los nuevos l6rminos
Modification acordados, qua pueden incluir Is reducci6n de Is tasa de inter6s, agregando Is cantidad adeudada
Program (RAMP) ai final del pr6stamo, y / o extender el plazo del pr6stamo. Usted puede ser elegible pars este
programs si cumple con los siguientes requisitos:
• La casa as su residencia principal y actualmenle vive an ells.
• La canlidad adeudada an Is primers hipoteca dabs ser igual o menos qua $729,750 d6lares
pare una vivienda unifamiliar, $934,200 d6lares pare una propiedad de 2 unidedes, $1,129,250
d6lares pare una propiedad de 3 unidades o $1,403,400 pars una propiedad de 4 unidades
• He experimentado una dificulted qua he efectado sus ingresos. Por ejemplo, un aumento
significativo an su pago hipotecario O reducci6n de sus ingresos U otras dificultades.
• Obtuvo su hipoteca antes del 01 de enero 2009.
Su pago de Is primers hipoteca (incluyendo principal, inter6s, impuestos, seguro y cuotas de
asociaci6n de propietarics, si as splice) dabs ser mds del 31 % de sus ingresos brulos actuates.
Para calcular esto, divide su pago hipotecario por sus ingresos brulos (ingresos antes de
impuestos).
Restablecimiento Si usted puede traer sus pagos del pr6stamo hipotecario al die, se Is aceptardn los Tondos
del Pr6stamo necesarios pare qua el pr6stamo este al dia hosts Is fecha de Is vents judicial.
Plan de Pago Un acuerdo temporal qua permits el pago de Is cantidad adeudada, cantidad del pago atrasado
junto con los pagos regulares de la hipoteca. Esto puede incluir principal, inter6s, honorarios y/o
costos aplicados a su pr6stamo.
Acuerdo Un acuerdo por el cual nos comprometemos a no proceder con Is ejecucl6n hipotecaria y/o
Temporal de colecci6n de pagos por un periodo de tiempo, pars permitirle qua restablezca su habilidad de
Tolerancia hacer los pagos requeridos.
Modificacibn de Pagar el pr6stamo bajo los nuevos t6rminos acordados, qua puede incluir is reducci6n de Is tasa
Prbstamo de inter6s, agregando Is cantidad adeudada al final del pr6stamo, y/o extender el plazo del
(no por medio pr6stamo.
de RAMP)
Reclamo Parcial Si usled tiene un pr6stamo de Is Administracl6n Federal de Vivienda (FHA) y sus pagos est6n
(solamente vencidos, pero shore puede hacer sus pagos regulares mensuales de Is hipoleca, este programs
prestamos de Is est6 diseflado pars qua su pr6stamo este al die mediante Is creaci6n de una segunda hipoteca /
FHA) gravamen sobre su propiedad por Is cantidad adeudada.
Opciones a considerar si no puede o no desea quedarse on su casa
Mim
Home i
Diseffado pare ayudar a los prestatarios qua son elegibles pare el Programs de Home Affordable
Affordable Modification (RAMP), pero no tuvieron 6xito an obtener una modiincacl6n permanents a trav6s del
Foreclosure programs. HAFA ofrece Is poslbilided de una vents corta y, si no tiene 6xito, una entrega de
Alternatives escritura pars evitarjuicio hipotecario. Una vents corta as una transacc16n an la qua usted vende su
Program propiedad por menos de Is cantidad adeudada an el pr6stamo (sujeto a previo acuerdo de su
(HAFA) administrador / prestamista / Inversionista), resultando an Is liberaci6n de nuestro derecho de
retenci6n sobre su propiedad y evitar Is ejecucl6n hipotecaria. Una entrega de escritura pare evitar
juicio hipotecario as una transaccl6n an Is qua usted est6 de acuerdo de transferir voluntariamente
las escrituras de su propiedad a nosotros con el inn de eviler Is ejecucl6n hipotecarla.
Vents Corta/ Se ofrece a los prestatarios qua no son elegibles pare HAMP u otras alternatives de retenci6n de
Vents antes de hogar. Con una vents corta, usted vende su propiedad por menos de Is canlidad total adeudada an
Ejecuci6n el pr6stemo (sujeto a un acuerdo por su administrador / prestamista / inversionista), resultando an Is
Hipotecaria (no liberaci6n de nuestro derecho de retenci6n sobre su propiedad y evitando Is ejecucl6n hipotecaria.
por medio de
HAFA)
Entrega de Se ofrece a Jos prestatarios qua no son elegibles pare HAMP u otras alternatives de retenci6n de
Escritura Para hogar, y qua no pudieron vender Is propiedad a trav6s de una vents corta. Con una entrega de
Evitar Juicio escritura pare evitar juicio hipotecario, usted estd de acuerdo a transferir voluntariamente las
Hipotecario escrituras de su propiedad a nosotros pare eviler Is ejecucl6n hipotecaria.
(no por medio
de HAFA)
Estamos aqui para ayudarle. Por favor llfimenos hoy.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
-A yttn at C C On6t"r,'410
c_ _
I UE P ROTHO °OTA
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2CI? MAR -5 PM 2' 41
CUMBERLAND COUNTY
PENNSYLVANIA
The Bank of New York Mellon Case Number
vs. 2012-474
Malcom D. Wertz
SHERIFF'S RETURN OF SERVICE
02/21/2012 01:17 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February
21, 2012 at 1317 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Malcom D. Wertz, by making known unto himself personally, at 320 Third
Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time
handing to him personally the said true and correct copy of the same.
NOAH CLINE, DEPUTY
SHERIFF COST: $45.00
February 24, 2012
C0, "I _ -? f Q
SO ANSWERS,
RON R ANDERSON, SHERIFF
STEAD & ASSOCIATES, LLC FILED-OFFICE
BY: Patrick J. Wesner, Esquire fob= THE PROTHONOTARY
ID No. 203145
220 Lake Drive East, Suite 301 2012 MAY 2 ( AEI o-- 34
Cherry Hill, NJ 08002
(856) 482-1400 CUMBERLAND COUNTY
Attorney for Plaintiff PENNSYLVANIA
File No. 45.15785
THE BANK OF NEW YORK MELLON FKA THE COURT OF COMMON PLEAS
BANK OF NEW YOKING, AS TRUSTEE FOR THE CUMBERLAND COUNTY
CERTIFICATEHOLDERS OF THE CWABS, INC.,
ASSET-BACKED CERTIFICATES, SERIES 2007-8
475 Crosspoint Parkway
Getzville, NY 14068, No.: 2012474 Civil
Plaintiff,
Vs.
Malcolm D. Wertz
320 3rd Street a/k/a 3241 Third Street
New Cumberland, PA 17070
Defendant
PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter Judgment, in rem, in favor of Plaintiff and against Malcolm D. Wertz, Defendant, for failure to file an
Answer on Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged
premises, and assess Plaintiffs damages as follows:
As set forth in Complaint
interest 1/7/12 through 04/30/12
Escrow Advances
Inspection Fees
Additional Corporate Advances
TOTAL
$164,180.73
2,952.90
1,138.42
45.00
$2,093.75
$170,410.80
I hereby certify that (1) the addresses of the Plaintiff and
has been given in accordance with Rule 237.1. copy attached.
Attorney
DAMAGES HE BY ASSESSED AS INDICA'
DATE: _ __,C
t-js as shown above and (2) that notice
wire
ARY
al'k slit-s'14 a?
CIL qi4?6?
??. a -, s ys s
ohu ?1??o?l?d
N
MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff Our file number: 45.15785
THE BANK OF NEW YORK MELLON COURT OF COMMON PLEAS
FKA THE BANK OF NEW YORK, AS CUMBERLAND COUNTY
TRUSTEE FOR THE
CERTIFICATEROLDERS OF THE No.: 2012474 Civil
CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2007-8,
Plaintiff,
Vs.
Malcolm D. Wertz,
Defendant.
TO: Malcolm D. Wertz
320 3rd Street a/k/a 320 Third Street,
New Cumberland, PA 17070
DATE OF NOTICE: March 27, 2012
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 YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to claims set forth against
you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered
against you without a hearing and you may lose your property or other important rights. You
should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the
office set forth below. This office can provide you with information about hiring a lawyer. If
you cannot afford to hire a lawyer, this office may be able to provide you with information about
agencies that may offer legal services to eligible persons at a reduced fee or no fee.
(00020971)
Page I of 2
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
MILSTEAD & ASSOCIATES, LLC
By: Patrick . seer, Esquire
ID No. 20 45
Attorney fo PI 'tiff
{00020971}
Page 2 of 2
MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
File No. 45.15785
THE BANK OF NEW YORK MELLON COURT OF COMMON PLEATS
FKA THE BANK OF NEW YORK, AS CUMBERLAND COUNTY
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE '
CWABS, INC., ASSET-BACKED No.: 2812-474 Civil
CERTIFICATES, SERIES 2007-8,
Plaintiff,
Vs.
Malcolm D. Wertz,
Defendant
V ERMCATION OF NON-MILITARY SERVICE
Patrick J. Wesner, Esquire, hereby verifies that he is attorney for the Plaintiff in the
above-captioned matter, and that on information and belief, he has knowledge of the following
facts, to wit:
1. that the defendant is not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of 2003, 50
USC App.§ 501,
2. defendant, Malcolm D. Wertz, is over 18 years of age and resides at 320 3rd Street
a/k/a 320 Third Street, New Cumberland, PA 17070.
atnc . e r, Esquire
DeQoartment of Defense Manpower Data Center
ftt= Upon
PurrmM to Servicamanbm Civil Mef Act.
Last Name: Wertz First Name: Malcolm Active Duty Status Date May-01-2012
Results as of : May-01-2012 08:56:01
SCRA 2.1
Adthe OW End Dafs a" SOVINOXV0WO
On Actor Oury On ACOM 0*1;1" a"
NA No NA
This nmpwn raftecls the YrdMdr mW.dive duty stabs based on Ow Acto Duly StOs Date
Uft Acd" Driy MOM *T Cap of Adve 0* S WO Doss
NA No NA
This response reflects %tom the indMdual left active dory stAn wVJdn 367 days preceding the Active Duty SMtus Deb
The mwhbw or HbMw t#* Was NWllfsd of a Pub" CA -11p to MOM Duly an Active Mft 91sOn'07
NA No NA
This resporre nWkmb whether the NrdM&W or hMw urrti has recdved erry rwd afm b report for ac8w dory
Upon searching the data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving ratification of future orders to report for Active Duty.
1 11
Mary M. Snavely-Dbron, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
File No. 45.15785
THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2007-8,
Plaintiff,
Vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 2012474 Civil
Malcolm D. Wertz,
Defendant
CERTIFICATE OF SERVICE
I, Patrick J. Wesner, Esquire, do hereby certify that the Complaint in Mortgage
Foreclosure was served upon Defendant, Malcolm D. Wertz on February 21, 2012 by the
Cumberland County Sheriff. A copy of the Service Returns are attached hereto and made a part
hereof as Exhibit "A".
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 18Pa.C.S. § 4904 relating to unworn falsification to authorities.
Pa er, Esquire
Attorney f Pl '
tiff
EX'1T "A"
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
s c t6'
A
OMCE OF THE &4F4FF
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
The Bank of New York Mellon
vs. Case Number
Malcom D. Wertz 2012-474
SHERIFF'S RETURN OF SERVICE
02121/2012 01:17 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February
21, 2012 at 1317 focus, he servo a trt &.,cWy of the v #tin Clint in Mortgap Fdlibctosum, upon the
within neeted defendant, to wit: Malcom D_ ft ft, by making known unto himself personally, at 320 Third
Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time
handing to him personally the said true and correct copy of the same.
NOAH LINE, DEPUTY
SHERIFF COST: $45.00
February 24, 2012
tot Cou* Wte s1m*. relewd[, Inc.
SO ANSWERS,
16Z
RON R ANDERSON, SHERIFF
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF THE
CWABS, INC., ASSET-BACKED
CERTIFICATES, SERIES 2007-89
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 2012474 Civil
Plaintiff,
Vs.
Malcolm D. Wertz,
Defendant
To: Malcolm D. Wertz
320 3`a (Third) Street
New Cumberland, PA 17070
NOTICE PURSUANT TO RULE 236
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
Prothonotary
MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
PATRICK J. WESNER, ESQ. #203145
MILSTEAD & ASSOCIATES, LLC
856-482-1400
Notice Pursuant To Fair Debt Collection Practices Act
This is an attempt to collect a debt and any information obtained will be used for that purpose.
Protkonotary of Cumberland County
?t f t9
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 12-474 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON FKA THE
BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS,
INC., ASSET-BACKED CERTIFICATES, SERIES 2007-8 Plaintiff (s)
From MALCOLM D. WERTZ
(1',) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to, notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or Otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amoulnt Due: $170,410.80 L.L.: $.50
Interest FROM 5/1/2012 TO 12/5/2012 AT $46.32 PER DIEM (6%)
Atty'S Comm: % Due Prothy: $2.25
Atty Paid: $196.25 Other Costs:
Plaintiff Paid:
Date: '9/4/2012
J
David D. Buell, Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: PATRICK J. WESNER, ESQUIRE
Address: MILSTEAD & ASSOCIATES, LLC
220 LAKE DRIVE EAST, SUITE 301
CHERRY HILL, NJ 08002
Attorney for: PLAINTIFF
Telephone: 856-482-1400
Supreme Court ID No.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
THE BANK OF NEW YORK MELLON
FKA THE BANK OF NEW YORK, AS
TRUST E FOR THE
CERTIF CATEHOLDERS OF THE
CWABS} INC., ASSET-BACKED
CERTIFICATES, SERIES 2007-8,
Plaintiff,
CIVIL ACTION
NO.: 2012-474 Civil
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
Vs. ,s..
Cr"I
n
-
Malcolm D. Wertz ' [
Defendant
_
,
r` r
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: ?h-, c??
1. Directed to the Sheriff of CUMBERLAND County; '
2. Against the Defendant(s) in the above-captioned matter; -'
3. and index this writ against the Defendant(s) as follows:
Malcolm D. Wertz
Real Property involved: 320 3rd Street a/k/a 320 Third Street
New Cumberland, PA 17070
Amount Due
Interest from 5/1/12 to 12/5/12
at $46.32 per diem (6%)
TOTAL
(Costs to be added)
DATE: august 30, 2012
.a? s?
GO- y S. C)o C 3F
1?G•SQ?lr?r
U It
$170,410.80
Respective! ubmitted,
Milstead & Ass at L
Patrick J. Wesner, s uire
Attorney for Plaint ff
220 Lake Drive Eas uite 301
Cherry Hill, NJ 08002
$aasPat Co
to, Wb
(w 1196.6
1?j t t 4 a? r2??'?-mod
LEGALDESCRIPTION
ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, County
of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point on the easterly line of Third Street thirty-two (32) feet
southw0twardly from the southwest corner of Third Street and Locust Avenue' thence
in a southwestwardly direction along the easterly line of Third Street a distance on forth-
three (431) feet, more or less, to a post; thence on a line at right angles with the line of
Third St?,eet, a distance of one hundred forty (140) feet to a post along the westerly line of
a twenty,(20) foot wide public alley, a distance of forty-three (43) feet, more or less, to a
point; thence on a line at right angles to said public alley, a distance of one hundred forty
(140) feet to the place of BEGINNING.
BEING part of Block A, as laid down in the Plan of Buttorff s Addition to the Borough
of New Cumberland.
HAVING THEREON ERECTED a dwelling house
Title to $aid Premises vested in Malcolm D. Wertz by Deed from Barbara R. Rohrbaugh
and Michael P. Rorhbaugh, h/w dated December 28, 2002 and recorded on January 14,
2003 in the Cumberland County Office of the Recorder of Deeds in Book 255, Page 1658
as Instrument No. 2003-001774.
Being known as 320 3rd Street a/k/a 320 Third Street, New Cumberland, PA 17070
Tax Parcel Number: 25-25-0006-247
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in the Borough of New Cumberland, County
of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and
described) as follows, to wit:
BEGINNING at a point on the easterly line of Third Street thirty-two (32) feet
southwestwardly from the southwest corner of Third Street and Locust Avenue' thence
in a southwestwardly direction along the easterly line of Third Street a distance on forth-
three (43) feet, more or less, to a post; thence on a line at right angles with the line of
Third Street, a distance of one hundred forty (140) feet to a post along the westerly line of
a twenty j(20) foot wide public alley, a distance of forty-three (43) feet, more or less, to a
point; thence on a line at right angles to said public alley, a distance of one hundred forty
(140) feet to the place of BEGINNING.
BEING part of Block A, as laid down in the Plan of Buttorff's Addition to the Borough
of New Cumberland.
HAVING THEREON ERECTED a dwelling house
Title to said Premises vested in Malcolm D. Wertz by Deed from Barbara R. Rohrbaugh
and Michael P. Rorhbaugh, h/w dated December 28, 2002 and recorded on January 14,
2003 in the Cumberland County Office of the Recorder of Deeds in Book 255, Page 1658
as Instrument No. 2003-001774.
Being known as 320 3rd Street a/k/a 320 Third Street, New Cumberland, PA 17070
Tax Parcel Number: 25-25-0006-247
MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-,4400
Attorney fUr Plaintiff
File No. 4.5.15785
GfJ,af8E8 , /0: F- EW S yL CQUN r v
AA11A
THE BANK OF NEW YORK MELLON FKA COURT OF COMMON PLEAS
THE BANK OF NEW YORK, AS TRUSTEE CUMBERLAND COUNTY
FOR THt CERTIFICATEHOLDERS OF
THE CWBS, INC., ASSET-BACKED February
CERTIFICATES, SERIES 2007-8, No.: 2012-474 Civil
Plaintiff,
AFFIDAVIT OF SERVICE
Vs. PURSUANT TO RULE 3129.1
Malcolm D. Wertz,
Defendant.
T E BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, AS
TRUST E FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED
CERTIF CATES, SERIES 2007-8, Plaintiff in the above entitled cause of action, sets forth as of the
date the praecipe for writ of execution was filed the following information concerning the real property
located at 320 3rd Street a/k/a 320 Third Street, New Cumberland, PA 17070:
1. Name and address of Owners(s) or Reputed Owner(s):
Malcolm D. Wertz
320 3rd Street a/k/a 320 Third
Street
New Cumberland, PA 17070
2. Name and address of Defendant(s) in the Judgment:
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
The Bank of New York Mellon fka The Bank of New
York, as Trustee for the Certificateholders of the
CWABSy Inc. Asset-Backed Certificates, Series 2007-8
(Plaintiff herein)
475 Crolspoint Parkway
Getzville, NY 14068
Cumberland County Adult Probation
1 Courthouse Square
Carlisle, PA 17013
4. Name and Address of the last recorded holder of every mortgage of record:
The Bank of New York Mellon fka The Bank of New
York, as Trustee for the Certificateholders of the
CWABS, Inc. Asset-Backed Certificates, Series 2007-8
(Plaintiff herein)
475 Crosspoint Parkway
Getzville, NY 14068
5. Name and address of every other person who has any record lien on the property:
None Known
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:
None Known
7. Name and address of every person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Tenant/Opcupant
320 3rd Street a/k/a 320 Third Street
New Cumberland, PA 17070
Department of Domestic Relations
Cumberland County Courthouse
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box', 2675
Harrisburg, PA 17105
New Cumberland Borough Tax Office
Attn: Rabin Gasperetti
1113 Bridge Street
New Cumberland, PA 17070
Cumberland County Tax Bureau
3607 Rosemont Avenue
PO Box 656
Camp Hill, PA 17011
Cumberland County Tax Claim Bureau
1 Courthouse Square
Old Courthouse, Rm 106
Carlisle, PA 17013
West Shore School District Tax Office
Attn: Tax Collector
507 Fishing Creek Road
Lewisberry, PA 17339
I verify that the statements made in the Affidavit are true and correct to the
knowledge or information and belief. I understand that false statements herein are
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to autl>ies.
Attorney
W,
f my personal
subject to the
Date: August 30, 2012
MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 48!x4400
Attorney for Plaintiff
45.1578.5
THE B NK OF NEW YORK MELLON
FKA T E BANK OF NEW YORK, AS
TRUST E FOR THE
CERTIFICATEHOLDERS OF THE
CWAB , INC., ASSET-BACKED
CERTIFICATES, SERIES 2007-8,
Plaintiff,
Vs.
Malcolm D. Wertz,
Defendant.
TAKE NOTICE:
dr-j
' ja0Tl,
'012 SEP - 4 Ali 10: 4 9
CUMBERLAND PEf? SYLVAN A?1T;
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
February
No.: 2012-474 Civil
NOTICE OF SHERIFF'S SALE OF
REAL PROPERTY PURSUANT
TO PA.R.C.P.3129
Your house (real estate) at 320 3rd Street a/k/a 320 Third Street, New Cumberland, PA
17070, is scheduled to be sold at sheriff's sale on December 5. 2012 at 10:00 am in the
Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce
the Count Judgment of $170,410.80 obtained by THE BANK OF NEW YORK MELLON FKA
THE BANK OF NEW YORK, AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE
CWABS', INC., ASSET-BACKED CERTIFICATES, SERIES 2007-8.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To Prevent this Sheriff s Sale you must take immediate action:
1 The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for
Plaintiff,',, back payments, late charges, costs and reasonable attorney's fees due. To find out how
much you must pay, you may call 856-482-1400.
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 following page 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 Sheriff's Sale is not stopped, your property will be sold to the highest bidder.
You may find out the bid price by calling Milstead & Associates at 856-482-1400.
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequ4te compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400.
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 not later than thirty days after the sale. This schedule will state who will
be receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the Sale.
Carlisle, PA 17013
717-249-3166
45.15785
Cumberland County Bar Association
32 S. Bedford Street