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HomeMy WebLinkAbout13-3822 Supreme Co, Pennsylvania COUrt , of Com rnofi f leas For Prothonotary Use Only: ~ Civil CQV •Sli'eet Docket No: I � , S n () CUM I ` County The informalion collected on this form is used solely for court adminish•atiorr purposes. This form does not supplement or replace the filing and service of pleading; s or other papers as required try law or rules of court. Commencement of Action: S El Complaint 0 Writ of Summons D Petition Transfer from Another Jurisdiction © Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: U.S. BANK NATIONAL ASSOCIATION LUGENE A. BASTIAN - MCGARVEY & STEWART A. M6 T Dollar Amount Requested: ®within arbitration limits I Are money damages requested? 0 Yes 0 No (check one) ®x outside arbitration limits O N Is this a Class Action Suit? © Yes ED No Is this an MDJAppeal? ® Yes El No A Name of Plaintiff /Appellant's Attorney: POWERS, KIRN & JAVARDIAN, LLC El Check here if you have no zattttrn y (are it Sell - Represented IP1 Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS El Intentional ® Buyer Plaintiff Administrative Agencies rl Malicious Prosecution M Debt Collection: Credit Card F7 Board of Assessment ® Motor Vehicle Debt Collection: Other ® Board of Elections Nuisance ® Dept. of Transportation Premises Liability ® Statutory Appeal: Other S M Product Liability (does not include Employment Dispute: E mass tort) 0 Slander/Libel/ Defamation Discrimination C © Other: Employment Dispute: Other E] Zoning Board T ® Other: I Other: O MASS TORT rl Asbestos N E] Tobacco Toxic Tort - DES © Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS r7 Toxic Waste 0 Other: 0 Ejectment [] Common Law /Statutory Arbitration B rl Eminent Domain /Condemnation E] Declaratory Judgment 0 Ground Rent [-] Mandamus rl Landlord/Tenant Dispute ® Non - Domestic Relations nx Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Quo Warranto Mortgage Foreclosure: Commercial El Dental M Partition Replevin 17 Legal rl Quiet Title ® Other: Medical Other: rl Other Professional: Updated 1/1/2011 POWERS, KIRK & JAVARDIAN, LLC " II...F9 O'FICc Gregory Javardian, Esquire Id. No. 55669 + iw T T s i C o d O€ i R y Mary F. Kennedy, Esquire Id. No. 77149 r q _ 9 r: Meghan K. Boyle, Esquire Id. No. 201661 2 , ' .r .�-.� ; 3 ..• Sean P. Mays, Esquire Id. No. 307518 ' '!ERA Richard J. Nalbandian, III, Esquire Id. No. 312653 " ''" Y L ' 4 C 0 A 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215- 942 -2090 Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4801 FREDERICA STREET OWENSBORO, KY 42301 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNT VS. No. . � "v� LUGENE A. BASTIAN - MCGARVEY STEWART A. MCGARVEY COMPLAINT IN 2252 DOVER COURT MORTGAGE FORECLOSURE MECHANICSBURG, PA 17055 -5700 DEFENDANTS 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717- 249 -3166 800 - 990 -9108 w-�Ib3.7S a ' Ck, n� aga��s IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.0 § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661 Sean P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No. 312653 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215- 942 -2090 Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4801 FREDERICA STREET OWENSBORO, KY 42301 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. No. LUGENE A. BASTIAN - MCGARVEY STEWART A. MCGARVEY COMPLAINT IN 2252 DOVER COURT MORTGAGE FORECLOSURE MECHANICSBURG, PA 17055 -5700 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. U.S. Bank National Association, (hereinafter referred to as "Plaintiff') is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Lugene A. Bastian - McGarvey and Stewart A. McGarvey (hereinafter referred to as Defendants) are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Lugene A. Bastian - McGarvey and Stewart A. McGarvey and itself as Mortgagee by Assignment. The Mortgage dated March 23, 2007, was recorded on April 2, 2007 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book: 1987, Page: 907. Plaintiff is the Mortgagee by Assignment by virtue of the following Assignment: Mortgage Electronic Registration Systems, Inc. As Nominee For USAA Federal Savings Bank assigned its note and mortgage to U.S.Bank National Association recorded on May 13, 2013 in Assignment Id. No. 201315511. A copy of the Mortgage and Assignment of Mortgage are attached and made a part hereof as Exhibits 'A' and 'B', respectively. 4. The Mortgage secures the indebtedness of a Note executed by Lugene A.Bastian- McGarvey and Stewart A. McGarvey on March 23, 2007 in the original principal amount of $181,000.00 payable to Plaintiff in monthly installments with an interest rate of 6.125 %. A copy of the Note is attached and made a part hereof as Exhibit'C'. 5. The Plantiff and Defendant entered into a loan modification agreement on June 3, 2011. 6. The land subject to the mortgage is 2252 Dover Court, Mechanicsburg, PA 17055 -5700. A copy of the Legal Description is attached as part of the Mortgage as Exhibit'A' and incorporated herein. 7. Lugene A. Bastian- McGarvey and Stewart A. McGarvey are the Record Owners of the mortgaged property located at 2252 Dover Court, Mechanicsburg, PA 17055 -5700. 8. The Mortgage is now in default due to the failure of Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $188,021.53 Interest to 06/23/2013 $9,138.47 Accumulated Late Charges $224.23 Hazard Insurance $1,349.53 Property Inspections $45.00 Taxes $4,903.50 Cost of Suit and Title Search $550.00 Attorney's Fees $1,300.00 Last Positive Balance ($481.45) Escrow Payment/Reversals ($2,755.26) TOTAL $202,295.55 plus interest from 6/24/2013 at $21.89 per day, costs of suit and attorney's fees. 9. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriffs sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 10. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with Notice of Intention to Foreclose ( "Act 6 Notice ") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ( "Act 91 Notice ") 35 P.S. Section 1680.403c. 11. Plaintiff sent the combined Act 91 Notice to the Defendants by regular and certified mail on December 5, 2012. A copy of the Notice is attached and made a part hereof as Exhibit U. WHEREFORE, Plaintiff requests the Court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiffs favor and against the Defendants, in the sum of $202,295.55 together with the interest from 6/24/2013 at $21.89 per day, costs of suit and attorney's fees. POWERS, KIRK & JAVARDIAN, LLC By: ❑ Gregory Javardian, Esquire Id. No. 55669 ❑ Mary F. Kennedy, Esquire Id. No. 77149 ❑ Me han K. Boyle, Esquire Id. No. 201661 ❑ an P. Mays, Esquire Id. No. 307518 Richard J. Nalbandian, III, Esquire Id. No. 312653 Attorneys for Plaintiff i 1 1 E XHIBIT'A' 08/07/200[ 14:55 7172490026 AA ABSTRACT PAGE 02/18 ;, ^ : ^nC =R OF OF DEE03 .. r. COUNT? - 200? 9PR 2 Pm P s$ psev*� Hr. OUSM Valtf*trs 10750 >gA=ot.t rN7 txan &:t-oti.o, %X 70268 (210) 455 -8661 Rcturn To:. vsat. rsidss:wl savings Xonk 10750 NdDazmott PxOwwW n ,, * _1►ntonjo, N _ 75269 (500)591 -8791 } Paul Number. 42 -29 -2456 -035 prdnises: 2251 Dur"m Cm t, a al+av3orbusQ, j , 17055 19 Awrwm Thk lAst Far Ra wAft ZWW MORTGAGE DEF1N1•I'iONS mW t0010SS00021452600 Wcc& used is ttmltiple secfims of this do meet ere def"W below And Ober aomis sore defined in Sections 3, 11, 13, 18, 20 and 21. Cerbitn auks njamUng the ump of wards used in this d«umKrt we also provided in 9ocdm 16. (A) "g I-st Wmat" mesm this dmmntat, Whirl► is detad ma ndh 23, 2007 , togcd= wilt dl )hiders to ibis daeamua L (B) "Ibmwer" is znWm. X aa.ta -a-mb carne, hanaat►dl and .rs�a. , sea�waee x bta r.&L 1. aril* and husband. Borrower is the mortgagor Wider tbm Secant hmmocot. (G) "MISS" is Mar4M Medronic Regidu4m SYAM& IN. bt= is 8 eoper111 009POratian tbm is eating aoleity as a nomiuc for Leader• and Landees sm mxuxa snd eAusm MW is the martp9m order tbh SWMK7 Lse mawslL PAM is of mad" wdpft valor lba lmvs of Dtbmma and has ea a&bm s And telepboee fDetuA of P.O Bows 2026, Funs MI 48401 -2M6, teL (889) 679 -MM& "PEMW Sk* Famffy _ t3srda sddFnddja V.m t WWt t1187R4lii W VWM eta ft"(PA)tosost.ot Fonna�D��P Poprr 1 d /t NOMc VW MmfOgmCc *s* Md UK 1 987PGO907 CUMBERLAND COUNTY Inst.# 2OC71 ans - Page 1 of 1. 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 03/18 (p) "1,sdeer" +6 uatta 1raRlst:a�1 �'�4a >ra�ah . Letsdet is a xwd.at� =lx d 9avi+a * Oank orpanitad and B =ft the 1st of tb. United a,,t,, Wr � is eZea Leadeet adbas 107'30 1�eDt=Wtt >•iCM ><► »terx r (X) 'NaRe" Mean the pmmbswy note sisod by Ba owet and dived l0azi t 22 , 2007 Tbo'NC" antes that Earawrs' awes Lender On. amtdiswd ts3,gtatr oMM Wbo*aaad nand I>Otars razo /I,00 tuderesf. Homes bm promised to pay Ws debt to rcpbrr Periodic S2.81,a 0.00 )Pum pays ale "d to Pas► flu debt m t1tu m a »t t late, 6" ail 01, 2039 - - -(F) „p �,n means the p thn is dmn' tied bekw the - b=ding- "TFsMfa- of- Xi0"-in -the - - - -- M (trj "l,,owr' means the debt evidaaced by So Note, plan irttareat, any peepryonent wd We due under the Note. i nd a11 awn due uWa this SActtrity Loabamen6 Plea Bcrrovt e:. The follacving (p "Rift"" mesas an Riders to gig SeeMity I�UWWj that are executed by Rkdera an to be executed by Barnaww (sheet box as applicabk]t Ad*Ft bk Rsto Rider Cm&mWM one Rider SKOnad Bo Rider ROOM kww plmuas{ Ua Developttreat Rider 14 Family T AkT VA Ride[ . � Biwtddy payment Ruder odmw(s) (spy) (1) "Andkabie Lnt^ manor 111 oortt a fokt#4 state and 10081 atWDU4, regab,<ioas, orb and 260iui ve rnla = a enders (� the effect of law) as well ss all applicable fetal, i� °l am ° M, P�K "d AWOMMO "MMW aR loca , and odes Ly c6whts ghat are jwpoaed on Ba'nywer m the Property by a coodomiaium atcsociltion, hom--cm ymociatipu or Am tx wt. ow5� of foods, other than a tCa mokien erigtrudhed by (I ^ arlc pMaXbt Tratri>I�° am= argr� a similar iuvttntaaat, vWcb is ioi$atod ew3uo an etetafmnie twmiW4 telgthome . ,, c tie !o as to mater, fns , or aatborime x fivauciA bsdtutian w debit or credit an amoront SM& UM �.'.°°°'+ bat is uat nwitcd to pamt•0f -sde tws�, tcUcr madams uumaiOM ttmaan wwal by tdghwra , wire t"wfl:ta, wd autonz►tad de&iaShouse transfc[s (L *Iti/arrw item means those flans tb+d a►t drtiaibed m �� �� of dtuos8�. a paid (j 1iMaraa Praaads" meets "Y by 'ay *&d VwW (V %w thm M$mum e p t� � � �'p m 8oafaon 3) Pon; (Q damafe of fhs the w or destigr�oo Prapmft -- (iii, &0detbiao or oa►ar taldag of all or say part of the Prapray: (Ho l° BCD of r ooavt aadammmcm, OF (iv) If, or omiS><iona as to, the yam Women of *c Yrapww. Lends the uonpaymeat o$ or defattt an, (N) "Morlpe Idsursaae tnaans ina num pt B apron the Loan, t,r mda>a the a,h,%kd amount dine for (i) pftcipd and i ckes c st under the N� p� gy mdw Secit 6fthis Socurity tnsttun A- .iA(PA)loaorr�a+ r►p.z or I$ t=o.a; 8032 Ix" Btu 1987PGO908 CUMeeR AND COUNTY insl.# 2071070$ - Page 2 of 1 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 04/18 »Md� P psrt s Act as t hey mi b be n ncud et seq.) and its RcsnWion X GF.II_. PaR M), as they nri5bt be amended tom time to timr, or aoy addtfioosl or ar ttulotiSoa tbet govat4s Qate �e eobject naettCr. As sand iD this Seaw* laetimnent, "jw ;iii to all to, gmromenoe sad rc*i 0ooa gad am t wosed in tesard ago tdeted maxigage iose even if the Lem does not gnft ea it "[edaalbr related vWtjpgo loan" under A. ((j} "5necxssaur is bltarsst of 338rrerwtr'` tmeans alb► im that [,as uke n title to I* Property, wbedw or not that patty bag a maned Borrowefs oblig pow WWW �e 140% M& r as Security hHUmmCUL TRANMR OF ItIaM B1 THE PRMR'1 Y This S hottnmevt nectars to Lemda: (1) tht rrpaymwt ofthc Loan, end an renewals, - teesio- and M&ficm& m of the Note; jmd (ft) the perk aaaaae of Borrower's mvmants and Weemem under this 9eamW howuned and -*c NoteFor -stns -pmpo% Bwruwer- does- baeby-mw*M%, -pmt- and- c—vcy -to MM (solely as nominee for Larder and Lendees me.=$= and taigas) and to the saaxseara and assigns or MFRS, the fanowing dac *W property ioeded in the Cotmtjr flint a pocarding I��] Of Ctaa9sarlaand INS" of t —Ndias hd4cs -): Bar Mddbit A attached lb to And As" • past lseatwas'. W" cmwmlY has the address of 2752 Do*. - ikkt'� r • l�n ]ISe2/ Eciwl. Pft -vhs da 17053 CAN movesty 'lo=WM WrM an Sx imp oycments stow or bacaa r erectod on the property, and AD � ®d > mw a baesitcr a pact of the An its and eavernd by d9a Sa=* a All of dre is raf�ered to in tug Instalment m Ste "Property." Beeower veders�ds end sgtas that bolds onty title bb9 Borrower in tMa 9eotity Ittstrtr nee hot. if n000my to comply wiSt or wetorm, Mffit8 as tsdnte lbr Letade and 1<xndes"s s+aoceesors and ts) has The to alta>rine nay or an of ticao interects, bat pot limited tN I,4 ri�tt to fe om noel sell See Prapcsty and 14 ww my action [equirod� iaft try bat not Tinted to, rrde�eftmg ad +�8 Ids �Or ��A�iyleaeec)tn va"ad Farm SM set ex t 987PG0 no,n�nnn" ,•'u- %rt aM CUMBERLAND COUNTY IASt.# 2007'10705- Page 3 of 17 • 08/07%2008 14:55 7172490026 AA ABSTRACT PAGE 05/18 BoxtROWER COVENANTS tbms Banana is lawWUy as sad of the estsie• bmvby cmwrjod and has the right m mortgage, put mild a MM the hMMV and that the Pmpedy is ammmmbered. except for cactanbrusees of recW& VonuWer watraaeb and WM ddfead gm mnjjy the rite to tine prapaty all etaim ama deyamo ds. wat$ I* m ay anuitiksom of sec ard. a.tiattal rase and ova- maifbam TM naifarm c�oveoamb with Y vnri dram by jurieftfim 00 cm%dtMc a mmifXW N=D* instrument caveraag real UNIFORM COVSMA.NTS. Bosrawer and Linder mveaaant sad age ss fbIIows: 3. F"Mk alt of PrhelPml, bderest, zurow xftma, Tsm?"Veask terse% -bd xaat< L'baM— somwer AW pay when d tlae principal og amd h*ceg ar4 to debt dvkUnced by Oie Note amd any prqpwjnnw ahrrges and tare cb rsm due wader tots Note- BOavwa abt9 taw My fgads far Emow Ran - -- p h, - 3 4na md9rIbe Nob -mad- this- 9aariW bdra ate- small- be- askle- in -U.S. - - cttrnsn y. Howevac, if any a hwk of other i reedved by Lmdrr as payment tmYda the Note or this se cmrity hshumamt is n:tmned to I.mdex mga>id, Y,esder may regwiM d* my or ati aabmeapaot m meau doe upd w tam Note sad ibis SeawkY bsum =A be eDA& 10 a me or Owe of the' tbllowing fuw=6 as selected by LaW ra (a) 01A: (b) TOMMY amdar (c) eextified chock, boat edtede, tiraaaa cr% shade or - amsWs d:bea . pervaded way mxb daack a dnm upon as bmiltmtion wbm t dcPmts am ieesmwad by a federal sgmcy, ieaMwaenta>igy, or soft, m (d) 3laekemie Fonda TAnshr. paymeta are deemed readved by Lom rr wheat rwdvW at the: 10c4on desa in the Now or at much other WOOD as may be desigoatod by Leader in aoaasda>ue Vi& the mAic t Provisions io Section iS. Leader may ref nay pl'Ymat ar parda prymerd if the psywemt or partial payer we intrafYicimt to bring the Loam t mar UL Lendee MY aeeapt May PV1 Of P-t'd Pay t inmffki=A to bring the Loan current, wi1•baat wgiver of wry ngbb bervandIcr or prejudice to its rigbeta W refuse sort pwymad or partial payments in *ft ftatore, but Leader is lot obtiSmud, to app su& p myme: b at rho time small pwymceft are If recb Periodic ps yeneW Leader a ay bo pplied as of its thudsmttdpa�rower payrmeat brag • interest on uospptied flsad6. nder mb web mwpp�+d of time. Linder � einher amply the Loan temtremt. If 00=m s does nut do so wiAb3n a remdem<ble pmod. sneda Rants e: rcxaina therm to Bvrrewar. xf not applied carrier, wch Wads wile ba a�afied m the autstmadirag Vindpd bolmoe under the Note immmdw* p rim to Wred N o oifm or elwim which Bmrrawer magbt Lave now of in Ina cav ilat a�amast Lender the es and agreawds seamed by tlq So nrity the Nato an d this itY Imatrsmneat 4N performialg 3„ Appgrsam of rnymma or P4 E=:Vt as od wisa described in thla 9ertion 2, an payer woq&d rand wPPEcd by x'OOda sfwd! be "Had ion the fplMvsviag order of psiar IN (a) WW WA doe under the Note (b) principal due under ft I&&, (c) 220mtmr6 loco undo Saetitm 3: itch payorents shell be applied to cub ttriodie peym c* in the order in which it became: ace. Auyr v=aimin$ amounts shall be mpplied gXd to hate dwgrea, seckmd to IXW COW anaouadt doe U04W this SW city Itasbtm =*- and thm to redom the principal balance of the W OOL If L=dmr v=ves a pgyum t from Bomower for a delimgtm* Pesiock Asymcm wbkh mchkies s sufedee t wmoamt to pay any irate cbmV doe, the 1 Pqawst may be 99EW to Ise ddwgqu t pqusma and at late chugs If more: than tare paiO& psymeat is omtdu dbV. Lander rosy apply WY F*matt revehIcd from Borrower to the rep/ma t of the paiDe is paymvmts if, sad to tfae ac mt thee, each payment L k)R .aJ►(MlNSaslor r4,.s,s tbmMV Uat 8K l 987P &0910 _ . __ CUMBET}LAND GbUN1Y Inst.N 200710706 •Page 4 of 17 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 06/18 can be paid In W. Ter ilia extent that MV a mcm adsta char the paymeae is VPNW to the full PwjwMA of one or mare Feriadie Pttymcota, each excess may be applied to say late duxgss doer. Volunt,ry prep -jweau shun be nppGed fimt tD my prepaymed dlaget and Poe, as dewed 'ax the Notts Any sppUcatioa of p Wni&a1. iw wrateoe Proceeds, or Mi,oetiono a Proceeds to pdodpat an order the Nee thin not arJcad err poeipot:e the due dam or ebu ge rite at w in w 1, of Ow Paiodio Payments. 3. F30WIS ftir Raersw Raft Bmmwa' mW pay to Leader on the day ftriod;c Payments am due tinder the Note, until the NOW is paid hu fiebl, at seen (the 'FwW) to pica ido hr paymmt of,ts due for. (a) taxer sad aeroeamteats and other itwee wbkb can attsie prkwiW aver Sus Security bmtrtrraent m a lien or crmnbat w on the PhWaty; (b) leasehold prjmwts or gratrod rents on ft Property, if troy; (o) premiums for say sad all insurance regained by Leader under Section S; and (d) Mss 4mc h=ff%ooc ptwiUM46 if my, or — sor pyo6 by Har rower to Lancer in lien of the pa ytneat of - _ - - - -- lmavaeces piretaiuma m aooar aitli the Fcvi ia� of Sion 16 7.besc items we called °Etctow lteme.' At orignostiou or at say time dining the tam of the Lola, Leader may require that qty Awoeistion Ducs, Fees, and A If nay, be nercowed by Borrower, *ad onch does, fees mad asses umft al'aid be an Eaexow Itern. Borrower eban promptly faruisb to Lem an notircos of tmtota>ls to be paid tinder this Section. Batower ,ben pay Lanier am Funds for Ec=w Items enlace Leader waive, Barren — 's obligatjan to pay the F1nd, for troy or all Esmw Item Lmedea may waive Batrowces obliptim to Pay to I.mdrr Fuels far any or all &saw D= at my der- Amy snob w iv m,y rims be w wrftiog. -In tbu cheat of amh waiver, Borrmm dwR pay Syr when and where payabtea, the amts due fat ray Escrow Items far W7sieh paytaeat of Fonds bw been waived by I auler mad, if Leader rogabea, ,MU furnish to Lender raxsipts Mdeoe4etg such psyuumt within such time period as Leader troy require. Earrotrcea obligation to make such payniou and to provides receipts shill for std peaposes be deemed to be a ==moat sod sV=:aM m oW;wd in this Sa=y Imuama k as the pd erase "ooveanm sod srgracow ° is rued in Section 9. If Gamma is obligated td Eaw ww Times ptueuane Pte' �Yi t o a waiver , sR1rd Borrower fails to pry the amotent due for Eamm Item, Lender rosy esaaestise its rigtda Uodar Bath,, 9 and p" such amolm sad Borrvww darn these be 44ignted >todri Section 9 to repay to Lander saps each antasmL Larder may revoke the waiver as to soy at 811 Ymmw Isms at any moue: by a wdoe given is a000rdrnaee witb Section 15 cud, Won such niu dioo, Batzow& shall pay to Lcbdw all Fpads, and in such at mfll , dn* arc dtM legnb wtdes Poi, Seetian 3. Leader nay, at aMr time, collect mad bold Fond, in an amomrt (a) stiilic kat to paxw it I.eadm to apply the FwXU at the time specified under Rl39PA. sad (b) no to exceed the moctico m amaamt a lender cw roguhe under ItMA. Leader ,build aeutimote Poe i. - a a of Panda doe on true basis of dent dsm and rca,00able CWH—tcs of cMmSu m of fi me Escrow Itaa, or otherwise in accordance with Appbarble Taw. Ttte Amds ,hsl1 be held in sa iuniwfim wbose deposits ere iastrrod by a fadasl agaay, i11b4•WAMktali1y, or entity Cm dndhsg L ender. if Linder is as io.ftson Wbow &pocia we so iunrad) or in any Fcdeml Now Lam Bent. Lender shall apply 1be F1mds no pay the Excm r Items no dater a t time spoeified under RMA_ Leader drae not charge: Borrows Sor hokft and npptyivg the the es Fiords, wly r NEXI ig crow 8000cot, or Vail y M the l3uaatr 2w K ,alas Lender pays Borrower i1 c an the Funds and Applicable Law penmeZs Lauber m nWm such a charge` UAle w ra sgrccnxm is snide in wdtbq or Applicable Low ra I*w fatanat to be paid on the Fronds, Leander &all pot be mph-ad to pay Borrower any imd or eatninga an me Fonds. Homww mid Lender coot sgtoo in wrkio& however, flat ion 4j1t41APW PSG4Q1 Ppe, d of d Fong auto inn BK 1 987PG09 I 1 5107!2008 1:30:38 PM ruMBERLAND COUNTY bust.# 200718705 - Page 5 of 17 + 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 07/18 sheil be paid on the Fonda I give to Batoww, witbmA charge, m amuml eooaotRiioig of the Fm& as required by 1YWA. If there is a Wrplm of Pads held in cec�vw, m defined uusder RBSP.S, l- e�ndor SW aaoo.>et to Borrower far the CK00 u Famb in acoacdm - whh li MA. Tf eme is a dmtkp of Funds bead io escrow, ss deFiiaed anda RESPA, I mdtlr abaci D *ry Bdoowar as v*ised by RF AL. ad Boao*er ahari }+acy to 1 mda the au amt nocemy to Take op the sbet%p i a000rdanm vh& RMA, but to ft more tbam 12 m if there is a defidmcy of Fm& held in escrow, as def ed order R>;9. )Loader aball notify Borrower m raptired by R)C. SPA and BodW= shill pay to Le7ader the amaa t neamsory to make up the def ckory in aooetdonoe with REWA, but in no mere *m 12 nicaiy payMests. Upon payment in full of an smooa a=md by this Security bo mml*, I Pt+ -PdY t end to Bu xy Pu pds bow by Len - - - - -- — A. Chw9w; f.1 . Bacrovvir sba11`paY att - attributable to true %*My W" Seas again pnway over fts amity Ir Ot meat, leasehold psymmta or ground rema.on &e Prapaty, if mty, and Community Anoaatim Dues, pew, - If - Y• To the mocat that 9=0 items aro Emm Items, Barrows sballlpay Stem in the amom pt*vWW in 9octim 3. ga we shall p=Wtty disoharp soy Gm which bra priority ova this Secariry Inbtreat umtess Harr over: (a) agrees in writing to the psyeratt of d►o obiis," mmod by the lion in a mmmer wogMbla to Leader, but only to lung as Bonowe: is pmtbsmasg ea$ OWMEM%4 (b) coutesto the lien in good f" by, or dahads sgaimt m&rexoaem of the lieu ice, legal p u=din8s lvbieh m Leader's opinion opeg to pecvicet the m&Cammt of the Ben while those p meeed'atgs are Wedio& but cony mb1 such mmicomfinp ono cmwh dud; oar (c) =eres am the bolds' ot'tho lien m agraencet padiefty to Lender Rmbordiwrti the lien to Ibis 9auricy 110*01MIaun If Lander &b=mhmea that my P EI of the ft*pesty is subject to a lien whieb can attain priority over this SoaaitY Iatlnmaeaf, Las6w may giver Burro*" a notice idenfilyttrg the lies Wihin le dxys of tare date oa wbkh that notice is gives, Barotver Shari satizf� tbo lion (r lobo one or moss of the tutiorn sort forth above in Ibis Section 4. Lender MW require B "m to pay a vae-*w charge for a teal estate tax varifeoatlon am/or repotting sav used by Leodar in 0000eo* d with this Loan, irmmemaa a or bta,afkr erected on 5. Pr@peab IoswmxL Borrower shall kmp due ts The Property poured against Iowa by tilt Im' A bcbm ed Within the term 'extefldod advedaWW and any other hoards hWbWiog, bat trot limited to, emthgmlm and !foods, fttr which LCndex requires iaimnee– Tina Wsur m shall be mmizMaad in the ammmta (mdwft dMucole levels) Sad ter ffie periods that Lender tvquh)m What Leader regob pmsvmtt to me pron-jig sentasoes om mange doria8 the tam of the Loan. The i>naII>mc eaniw pmvkgmg the bmvm ea .ball be cbmm by Harrower subject id Lender's tight to supp won 'a —wees edwicr. which right shall not be exercised fly. Laude: may regdm Harrower to pay, in ovcpmdm with this Low either: (a) a one -tinm charge for Good sooe detarmimtioe, satiGcWm loud trwMg sr.rvirs; a (b) a ow"w d*e for Good gone detetmdmtioaa and c ertification services and sobaegt= claagdt eveh time rem 5 pim9x or similw c6eoges oamr which wbly no & affect x3cb ddcmh *m or eertifiestioa. Barrow shalt dw be sapoesible far the p o=e at o f my Am imposed by the Federal Emu Vm7 Maaaeganent Agency in aamoction witbl the review of any flood sore detmuncohm tee 13'om as dtjectivn by Harsower. InYlf�4 4ft4►vw)) rem 3 Vet 8X 1987PGO912 �.en.ao rn� CUMHER AND COUNTY Instk 200110705 - Page 6 of 17 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 06/18 If Borrower finis to mmtan mq of the covemSes deam'bed aboves„ Lender may obtun utswagee coverage, at Lendtt's option mad Bortvw=% eagrense. Leader is tsoda no obf gaeion to purchme any pwticdw hype or amomt of oaNaaga There&M car& oowetaP oitsll coves J.mft, bat might or might not prat" Barowa, Barrowe es Wady in the hope". or the eostema 46m ftope W, sgaiost uW r, based or labiTety sad mi& provide greater or ksm covagp that was pvwm�y in dlgf. Boorower scimm ledgsa that the oed of the imormce coverage m obtained mi{ k dgaiRcmtly mmeed the cod of umtuarancx flat Batrotvrr could have obtained. Asry 11 1 4lidnoved by Leader under this Sts" 5 dam become addeionsl debt of Bmvwer secured by tiffs 30oority IFneot. 'ilr m mounts " bar aura esi ad the Now rube fiom the data of disbrrs and shall be psysb)e; with sea h h tert4 upon notice from Leader to Bortmwear requerstingpayment All in n bra pelic required by Leader and renewals of such pol icies sbd be subject to Lea n�if'to dinsppsovG twcbl policiq,Lsf>j "faeb�C i std mute�st�e, cod abstl`nanie I�wder as — ooartgagee andlaf as on addi*xW loss paym Leads shorn have tba right to bold the pobcia and mwwal cardli sees. If Lender requires, Borrower s Wl .ompdy give to Leradar an ncatpts of paid pew m=s sad renewal notices. If Ba amor obWm any form of msmmce =masge, not otherwise: ro pain by Lmriet, for damns- to, at deshuctum c4 the qty, snob Policy dM bmhWe a dambwd mortgage clam ad sban name Leader as mortgryce and/or as as addiu ml loss paysa. to fluor ev d of ksas, Borrewer dea)I give ptuaoept notice to the irtsmana wrier and Lmoglgr. Leader may nuke praaf of lass if not node promptly by Smote. Unitas Leader smd Domowet odawho sgm in wsttW& any b 11, - ce proceeds, Whalber or not the underlying humince was required by fe�odQ, shalt be applied to r two4ion or repair of the property, if Are restoration m repair is economically fem'ble and Leader's setmity is not lessened. Dming such repair and rftwratiom period, Lpoder sball We the right to hold such iaatmm p ease& mAl Lessdar bas had an opporamity to inslseet such hgpaty to wsm the work has been completed to Lendces aabs,9ctitm, provided that Basch imsperdim xho be awat m promptly. Lender uasy doisbum prooeeds ft do j i sod - I medoo in a single payment or in a series of pMVM peymeits as the work is aompldcd Unku an upset m d is made in writing or App%wble Law regairea iotm ast to be paid an such iaa r mwe proceeds, I.eaoder sank cot be required to pry Borrower any inmost or cmumgs m sucb ptooce& Foes fear public adjusters, or odm third Vwbea„ retained by Borrow w d" rat be paid out of rise inwe- 1 , proceeds ml dull be the sale obligation of Bwower. if tbo xvdwpOm or rgmk is not eeoo micilly fe PVv ar L security watdd be less=W the itmmm 1 preeoeds shall be applied w the sums sexared by this Sorority ilaaaumcw,_whaher at rat then dnr; wins the excess, if my, paid to Do now. Soeh insmance: procaxla shsq be sppliod in the order provided for in Section 2. If Ijaervwetr sbsodons rise Property, Lmdr: may file, aepotiate sad setae any avmsbble inset am claim cod fdMcd UNUaa If Bwvwec does not mapond -ithia 30 drys to a notice Pram Lzoder that the ... a nee cirtia has ctfaod to settle a otaira, then Leader sway nega4iaoa ad settle the chaos 7bp 30.dsy period will b*m wbm the a*M* is given. In eat(w evait, or if Leader sequir s the Property trade Section 22 or ad moist, Bm rvwes hereby ass si to Ludes (a) 8arawtrr'a rigbm to racy fitaaraooe prgeeads in an amount not to•aecest I tars sawnaAS tmpaid un r the Note or tbuia Bstvrity hm& m m4 std (b) nay oche= of Baas mves rights (other them the right ao my sntlwd of immacmd I , min no psW by Bmvwtr) voder all =mum poliem coveting the Ptvperty. inepfar ss mw* rights are Whemble to the comp a ofthe Property. Lender may me the b ms mm proceeds dtlut to repair ar mtese em Propmy or to prey atnott s unpsiid wetter the Note or this Sam* ha t mak wbudw or ant dhen due 411tAA(PA)ta6mov PRAT dte Fe m 3M flat 8K 1987PG09 13 yam mnm v xn%%n PM CUMBERLAND COUNTY Inst.# x0071{3705 • Page 7 or 17 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 09/18 & t7wq ncy. Ha[ owcr rbdl ootatpy, establish, and use the Property as BCt'YOV fi primpd reaidemm vAWn 60 days after the execotion of ibis Seca ft Instrument ad thsll cordimuc $0 occupy the property w Hammel psiw4w r wAm 11 re far at lease one year aria the date of occuraaay, tkdm I earkr D&wwim sgroea in wYidn& vehicb mnaeat eiball act be ra:t mabiy oa w�bCW„ at vWcu tattling circa radar abkb ire beyond Borrowers coqu o[ ' 7. pr+aavattsm, Maiattwsae>e aid Jl'rvtaetUn of Sm Wopeet,r, Dnrpeetiaear. Borrower shall not destroy, dmwgo or amm the Property, allow the Property to dettimorate or cotrmi Wrtste on the Property . vIN&w or not Burrower is reww8 in *a Pcgrtrty, Harrower shall mmuteiae the Property in order to prevent the Property fives dotariasatigg err damusing io v hm doe to its condition Unku it is ddcmhLtdpmvjmt to seesm 5 that repair or, nstoratioo is rot 000noeaially few, Baroe� absil poen(nly r epair ** P roperty if d r ed to avoid !lather deYwfarsG a or dsmaege. If - Anc to - _� eondesemaam proeteda ale pnid a�neoe�tion � dam�e`to; err "ttie Wdaa oi;"ibe Pro(iarty, Harrower —' - -- - - — ahall be ragponsible for repairing or restoring the Properrty only if Leederr less released p mceeda for sock pmposm J.errder may disburse proceeds fns' ibe repairs and resknudon i t a single psymeat or in a scrics of v progrms paymeods as tba work is wmplemd. If die ineroraoce or aoadRr<odoo proceeds are rwe eprffximt to repair or retort *a Property, Bmoww le not relieved of Doorowa's obl% 4 m for the completion of sucb repair or r+weor>ddce. Larder or its agent may mske mmooable entries upon and inspa boas of the Properly. N it lea rule a Leader may inspect the interior of the improveme ds on rho Property. Leader shaft give Bwoww notice at the time of err prior to welt as h9crim inspcotion rpxi&iag arch remumble erase. & Borrow'er's Ems Appik edow 13amwcr shall be is ddmlt if, dwins the: f.vor appTirdim pmcew, aommcr or say perwas or aeti8ex aetigg st the dhvcthm of Barowcr or witb Ba v*er's L=Madge or eons ad gave mwteritllY tklae, wou ding„ or i mmmo information cc statanem" to Leader (or "ad to payide I.eaeder with wterfal infbr mom) is mm wcb= with the Loan. Material rrpr%cdmdam inetadr., but s m col liradted tc> repr+esembfiooa cmcmmhe Borower s occupeaoy of the Properly ra Bam% werr's pri mod retideneL 9. Probteden of Lead'er's kdaut In toes Property and pjob Under this Shortly Isatrao w=L If (a) Bay *ww l'a to parErrm a* eava mm and spa nom aonui ned in rota Sowrity bmumcM (b) there .is a legal Fraoexediios *" taigta dpdsam* somt lattices inter is the Property and/or two under this Secrecy Imbt aseat (such as a praaope ;in bod roptey, probate; RK arndem>a>s4on or fbrfie Hm fbr enfbeeesx+eat of a lion whiab sttm prwsgq ova this 8e7m'ity foseranrear or to 111 1 re Isms or regelmdom), or (c) Borrower Has Absndmad the Property tbm I.emder may do mad pay for wlaatev. is i Secu remoaable our eta to ptmaocs WOW* mtereat in the Property sad rigtres rode this rity b stf— , i�yf[oteximg and/or egg (ht'�sltre cf dw PROP f and sarorin$ sadfor .. - the property. Larder's ectinm on iactodc, but mi art hmimd to: (s) psyrog any some secured by a liar which hm priority ever this sec rhy bsku a 14 (b) rppcm ivg is a waty and (c) pspaeg reasaaable "anew fm to protect its i I in rho 1'togorty aaeUor rights Mader this Sararri♦yr ItmOruaaemeS, inalndittg its sa — ed position in a blmfaupf<7/ per& Sammixg the' PrWarly aoclada but is mot timifacl to. -- edbring the Property to mate reprdm d=ge kw r. repbw m beard up doors and windows, dmm water fttm pipes, elba bu to building or otbw code vk&Aioms or deagerom condird mi sad have utilities trued m or ofE Atthaaah Leader mqq trim action under this Sachm 9, bender does not have to do so sad is ace trader w y dory or obligWm to do era. It is Mped IBM Leerltz inters no liability for rot tdmg any or all ortions mmbari and trader this Sa'tiave 9. . �1 rosop ue mum a of is Foere 8KI987PGO914 Rm70nnR 1 :an -:7R PM CtJMSE�R.4ND COUNTY )AMA 20071 3705 - Page S c f 17 t. 4," i • 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 10/18 awants aeciaod by Sac Instra by Leader undo this SS=um 9 da becom adddzood debt of Horrawer ment. Tbete mom is sha11 bat inte[e6t ra the NOW rata dam, 6te dtre Of dubarse tmd shalt be peysbl-_ with such upon hex Sam Leader to 20"war rmP3629 if I, smrity hwu" ut % on . lem"d, Nav°R " °amply Wig ill the pmrots m of 91G these. if Bmmm assldm fa tide to the ftvcrty, *c lcambold and the Pea title shall not roa ontm Lander agrees to the mere . in writhe& 10. MsstlW lammr sa. if Lender =qwind MM*PP hmmmO 0 • cotfdikkoa of Mdd= dw Loco, Ham s%a pay the pr&acos rag2hcd b maimeic *0 Mortpv bun== in offat. It for soy rtawk die Mostpp ]rinraaee covarip mpirod by Leader coma to bt anms'bble from the O"fftgtse inmtc t ny f l y pm vetch � and Borrow= was ragubmd m metre sgwatdy desigeskd payeteaei tha toward the ptesau� far Martg,tse Itisaraoae, Baeccrwa : pry am pmwium rcgairnd to abtafm ---- aa�nyagt_w+bstaubstty egn,,volmt to the NorlW Pe vvkadY iA effN*, st a amt mbsbmWly - - - - - oquW lent to the dose to Baisawer of tbs Ma�ip P��� ;° ate► � - '� - alternate - - - - - awtm k meer sciected by Lcada. if sobwastia87 again at Moripp Tntwam is not sviilabtq Btt�rower steal► aoe»'oe to psy to Lender the smoemt o! fire separately deai�atod peryaxalt dW ivue else *rhea the knomnoe covaW uciiod to be is1 v0cL Fender wjll ln wm so e k, use d At these Pcyaatats m a � loam r+t um in lien of Mart$ega waaaoo- Sash loss heave ebell be aoo-tef�tthlr, notaitbd+m4* the fact that tira ),= is u iltU, sad Deader shell not be regk to pa iiortowet soy t ar p 1 , - at tail Ines re wm Lender an m lanar teegi'e last remove piynx+ota - if MoapV lem mm to`' W Cm de ameant and for rho pumd that Leader seqmm) pwAded by rn tearer sdocwd by Lade: sinus be000mes s<va1'labie is ohkamod, artd !reader furix a tdp+td the peremitoma far Mont i hnoraw . tf Leader negahed Martggc lnamtmee u a goof ntsYins the L sad Bwrrowcr v rcgab to make aepirataly cle�nm Wd petyrmdn7m toward the p admns for Mmttp p ix+: nojoe, B=Tower clean pert' the prranimnm Tagt>ited eD msinlam Mortpp iratuMM it e� or m pnvVW a agbafwdable loss reaave, :0 s ragdkmao far Moripga Iniutance coda in aceardw= with set' wr+tte I a®r et � NoB m thus i.ertder pravWwg for axh dmmbadan a =8 tea &NIon is regairadAFplta tft SaWon 10 ma - BatrowWs ob1hp" to pay intend at the v ft m the Wah- M-4m Ineasaoa =Wmm Linda (or sere ent*�dr )turehnax the Note) rar certain losses it may iaamr if Drawer does not repay the Lora as gpad. Borrower is not ■ patty to the Mot pp hwuntom _ _ inur with other purees d at d share m0 ft Of :.4— - lasses. Tltaeraommmts arc on terms sud acrd deg, that an lstisfugew to the mosipp inmate red the other' party (ar Parties) to these agraments. Thew +gym mmy iegnire de mert�o ;stars to �faoda n om » � M of !hods that the mwtgW iosmer may him uva&ble (which fast' indado rmlt of Me m8p meaM LAW, arty' pmvbasd of am Note, xaoftw inaa-, any tom, OV other catitY, a my smuts of mu of tiro ftes b% UOY rwdva (dir -dy or md amens Wet derive 5om (or mi;Itrt be dsxaceerraed ms) a portion of &xrowrr's ps0 - ds for Mary Imams -, in aaehmp fern stu bg or mvdifyieg the awrepp irwree's rink, or rWacins loran- It such asmanmt govidea dud m atBriatr of Leader t&m r+ abmm of the b asrar's IM is erxbmp for a titan of the P P m *c i»>naer, the k aRm tarred "captive ." Farther: (a) Amy arses asrestaesrb wm art pffmA tie amomta flat on k" speed is pay for Mart" Irnvramob at' sea crier reefer rf die 14606 SO& s w era! itsett�.le tie aavnnt )lor'mw N'® owe for Mt tow Imuramoo. m ad.dwy will not ertltla borftwwr is my Twf au& low t; �+►(�►) t7r0�) Vt r .m.0 d Sm fb►n am trot 8KI987PGQ915 os. CUMBERLAND COUNTY 1mL# 2007••0705 • Page 9 of 17 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 11/18 Amy pF Was got :alder sin slpls HarrswW hm . it ++7 _ V� >'m! I to the Mare n Moser as ANEW*"" Aet of 2"s sit sot otber orq hidaia tie % i b 1Mow Msr prW. h err "" I smis 0 +�ea�1•Artab F, mmVw t+ reedl d A ISmnatrxa, M lfrve Ibt tda�s ef amb cmmd A$ f� Wm aa�r"d at rate tow m or r�lfrad of W' 1�Le l�ada� II.. Assip�at df � r 'owl FnfYtbrd. All M Proceeds are hereby adsigiaed W surd sMn be paid g L damx►gad, Miseanslbbema 9ada. Proceeds gbgg be applied to redarsdon or repsir of If 1110 opetty 1s etoezb the , ft. �' the rutodadoo or repw i , monedmicah► * and Leaders comity is not leceeoed. p eg 6xi Syr and rt�atat�Ids Linder shell bm *e A* to bald snob MisodLdnoom Ptoveedt �t11 Ler+� has lead aD to ion Wh >�Y m com the wwk has bees compieeul to — . — - -- -- ... ---- L end ds - srrisft - �ci - rude; �mly fay � ibc �ocb d+.0 be p� P � - a - - -- - rtVaim no rtatitottfina in a — cotmplt tmL Unkaa en agree+asm d is made in w cr,AppU*Ie Law tMj& tom s Misod am our Proco�s, Lads .bid sot be regok to pay Bommw M m=nmWW Prone & if the rememestiOO or'gb' i not Uso'bi or Leu se em ity would be ltaseaod, the Mis dWnmw Proceeds then be r � 1D Barr�,o�a xm sec red by a wos Pr oceeds Whdh or mat trier due, with ft exem if M applied in the Order provided for is Section 2. In th eyed of a total toting, datraction, or loss in vane of ft Property, ft Mis- mancoos Proceeds :ball be applied to the smut secured by dds Smuity Tnsftvam , wbt2a or cot then tltie, with the cwml. if any, paid to Barrowm. or Ions in vahm of the Property in which the fait — 1tet In the evert of a Pam Wft I the partirt taking dearection, or loam is value is equal to o vg f lete of the Property'iaxm by t than GO arpermt of'tee sums merged this 9Oam* bd m xmt irk bafte Wi dedn dev, or Laos fa value. tialess >lattower end leader otherwise agea writbeg. the saw secured by this Seenrity, abal bt todrtced by do amount of the MbeeBumms Procee& � by me mowing fiaodam. (a) The Worn septa - i of the v mR mcurcd isummlistely befte the ?"d toki8r do Orneticm, of lots in Viand divided by (b) the flair mokil VADO Of ON hOperty jj�;y bdbr c dw lea mW% dew=dm or Ion III valve. AzW bmbmm ehttl be jWd to 10adrO1Yi0[. In 9W m:vt Of a ?a W 4aftue" o �j t fel eh the fir 1 value of tho Property rmmedatoly or im TRIM Is less >i,:o the .m ad of the sours secured ftotnedistdy be the partial is dm& deshocdvn, or tom in value, times: aamwer and Lender otherwise egret in the Miscrlhmeous Prveeltds mbar tic applied to the ttm� secured by this Secmrtly hm umema vbstba or rut the Sams we then due. If the Prroprst]y ra abaodoued by Dawwar, or if saw notice by Leader to Battuwar that the pppesing Party (as dt timed in ate "M sememm) *fats to rake m :Ward to settle a ctsam tar Hoeraaee tails to rtupmmd to Leader Withk 30 days mft *c date ft mattoe is g 41 is Property to collect ant! opt* the 1bUsoelLmtasu proc"ds ember tea , o - - tiom or rep& amtoa stayed by thu Scou ty 1md:mnamt, wbdb= er not Ohm 4m 8orraover —mm Ibc of oaf that es ow Banvww MiscaUm m Proomds or the part* regard to Miss UMV0as Aroaoodt. amv" shin be in ddkk if amp nation or pamedium wbod er eitn't m 1. is beta tint. in Le mWm judgmbt, cmIA revolt is forfift+ro of the Property or Othff tmatarW impairmemt of Leader's jm , in the Property or rrgbla mtder this Secmby Ia *mnmt. o*mmer cm cm surd it demult amd. if aooderation its: oeenrred, nbo gm ss provided iq Smtkn 19, by 'e"1909 the sebum or proceeding to be W ' pptodl� ~� Fm 0. loot BK 1987PG0916 nO ?M •i •an• PM CUMBERLAND COUNTY In" 20075.3705 - Pager 1 0 of 17 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 12/18 fatfeam diced with a ralit;g *4 is Lemdet'c ° of the Property or otbar mateaial *mp*rmew of Lcuies ift m the hvpmty at t�hls miler this 3eeoity lastlula - The p of any zWW or claim fat dweas am. am AdIatable to the kW9fm0at of Linder' a isitaest in the propeaty are haft wished and aba11 be POW to Lenslet. to seata�m a x+eQdt of the �roptrry shall be All Misoel)arraoaa Pr=%U that are not appiiod in the ardor provided for in Seefin 2. 17, 8seran►ar Not Rdsased' rawbaarmn By ><mdw Net R Waives: Extensim of the time for PAYS or mcark atiam of smaottit WM of ft soma oe mod by this Sx+o W 1wtumtfd 9MAW by L"da to bumma or my 9acce sor ib Ida eat of Raffles va "I not 1 waty D w vWCF or ilk blareat of DMOWer. Lander shall not to stqui ed to eatrmeoee any mmummow in WNW of Barrawa Of to rr6ne w etttmd time fbr paymeW ac otherwise >�Y amosti00fion of the am u.,rod by this SwKW jail s by tewwm of my did made by the arhOmd _.. _ __D=rawar - err hmy in Ingemd of 8oposm Amy *newt - by- t=da - in cxad*g gdy Or - - -- - -- - rmx dy including. Without limbaeioes, Landd a s mepu moe of pqmgms Amm dhird pasma, entities or Saocossora ie InEorest of Ba Tewer at fie uoasmis l sus thsmi tlse anaamt d►+� shall not be a vrbvor o( preebde the at of soy IW or , 6�10 Mon sad Ankas l 6M& 8earoaea cavematts 23. Jabt ashi 9araral Iial j: sad amcraL HOW&M, any Bo mvm wbo and agrees Poet BaKawar'a oblipti0ns and 'kity ahsif ba f o6ad oo.WZ= ibis Seca ft Imarnm d but does not ansvlr the Note (s e04lgna") (a) is co sigsaag tlria 9eeuity htrummt oily to axwtgoge, ,Zmd sad oouvty &e c"yoeds fntereat in the ti' aada am temps (b)• as pot pwoondly obiigdcd to M ffie sums secured by lhis Sxprity ofift 9acmrity b vuwm=n4 and (c) agas� ad say other Barto w can tigaee to c3avA modify, xb= cw mafae say accommodw ims with regard to tba terms of this Sanwityt Iosh�e or the Now co- sigues aaaseiat. m b�a tsa est of Barww who aaau+es 5abieci to the Fravidaw of SSeceon 10, =7 Staccesilor Sattowa's oblWaosis u ,d r this m this v 4a tOM sod is appro b y L aod-6 shall obtain all of Borrowtafs rift and bm fits *6 9eetttiY Bv rwm bG rekased Timm oi Sonwees obHBallous +mil liabiWy tmdtx Sam* 1pdrmmat �� to much relesae in wriamg, MA eoveoaats amt gp=eats of this Statrity Imsaumedt " bb id (except as provide[ in Seetiah 29} sad bmegt to =cc=as and perf w prip° ow rsergm ft rvica a<mod n 0000ectien witb ]I, IA" G'Mt><es. Ladtr [may � Barrowees defame *r the porpae of Po cft Leadetls imlaCeat in the Propaty smd tiBhta xmdar this Scarily Inshomant, kcbadbn& but pot twos i"i Wm2cye fct% pFuF4AY um vwtkm and vs "on flem in regard to ogy other foes, tie wbseae of FM puss Sam* m [hit sveo gr imtnttlu it tq chwW a specific the to Batowcr dnll not lie oomseraed as a prahbitaaa on the a(soeh f1te. Linda mry not cb vv D= tissa are m ra by d& Soatrity at by APpV' O Isw. if the I,aq is to s biw which ae4 Aoaas WOM loan and that law is finally int Wcted ae that the imlaact or G&W loan diatgea collected or to be - chariot is con t with the Loan exceed the pamittad limit[„ thin: (a) =' os* h m ebwrge " be ton:+ I by the emauot nocta -Y to tr:doce die bp to the p =jited limai4 ad (b) say sums ah,ady oolleded Rosa llaraa►er whid nt lixd e wilt be rchuxled to Ba wwor. Leader m" io mete d& ntand by reducing the nppe! owed mmda the Now or by --k4- g a diva p� to Borrow-, if a ralttm8 rttloeew principal, the reduction will be trtete I as a . p EM ut whbuat my pnPaYma* dWV (wbgtW ox not a pnpa9 cbwp is provided =oiler the );ote). Bacinv ene s aooepim- of anyr such t , o 1 mile by t dirsOt psymmt to will constitute a waiver of soy sil ft of action Bap -- might hwc arising out of stick ovaobem BmOwa !or L =ft is coonacdm with ti=ts S==ty Dent must be tort 9vritiag- A 1 Modem a. Any notices o BBar is eommmdao with ibis Sowrity hahromaht shalt be deems] to e ��(p� Rp�tidria : Ranhi3al0 1101 OK 1987P6091 *7 a/0712008 9:30:38 PM CUMBERLANb COUNTY Inst;v 200710 Page 11 of 17 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 13/16 have been gavea to Barrows wrben walled by ii m dais amil or when aasaally "mcred to Bcnmwees notice address if scot by other osans. Notice to nay ono Bmmwa &R eonttitO ]stir* b au R'xowm acmes: Applicr * Law VW=jjy W040 o M" notice address coal! be 6c Addlt:as %mU" Bur rows bas deisgtbsAod a wbsttot1 *actin* address by notice to Ledda. 80rImmfi roo Ily nobly.L�euft of Dmmwee a cbwSe of address. lt'I.mdvr rpmWes a prooaduro for repastimS Barrow W2 ebmge air adds=% tuna ammwer shall o* repact a d=P of address dW VeciW P - There wry be only ode dedsupw uvtioo address mars this secutir.Y ym+4znm at anY one tame Any notloF to Lender shall be given by daSverxg itio it et by mae it by fast dm OUR to La%W& adds stseod bmrein Date" Lender bas dedpd d mwdm addmn by notroo to Borrower. Any nettm in oon uAdiQn wfQt this Secff y b s mpm AM not be doomed to have boos given to Len tt unto when ly received by Under. if any nrotim required by eb Somity ft* m mt is alto ngmired � A� Law, d APpt�e Law wdq astisfy rho one xegariY tmont madm I& Gsr►et7lti)t I•dir: 8e i B+� or Ca mumco n. This Security lostrunaat dI2n be soveraod by f dad law and die bur of ft jmri 6dim in vrbkb the Property # looted AIR rights and � vas oaasainGd is � Somaty hwwmment are nobjoct to regoitmects and of le Low. Appticabie Law tstplicilly at to ' m P,'ro'pcc by �t 1� mgbt be silent, but sorb sgmoe ad u s bttioo agmort s�roamaat by the event that Amy provision a claim of this Sacaft buhumamt or the Note *amid: wi% APPUGNble L SO& ounflict gall not affect otba p vvwom of this Scarily Iasw-mme or ft Note VAA& crm be given etlbet withvat the mKitetbaPtnvisim ds of the masealine gender :bail mash and include As used is this Se4vfty iainammt: (a) wor mmgmodms aeaateC aocda at war& of ft 1 1 ioifle Seeder. (b) words is A* siINFft sml mm and inalu& am pUml and vim versa; and (c) the ward 'may" Sivas auk discretim witovi znY ~00, to ta>rc xuy act<on, of the M OW shalt be ne opy ace and of this Sema'ity hwkmneat 17. Barrawe:'s co". Batsovverr �� O 18. Traci s[er of gw pgaperty err at lts+aa" Iutame to llwtrrwer. As used to this Section 18, •tntarett in the Properif mama mry tepi as beaeticibd intermit in t "pparty, We&& but sae limited ta dhow babe ieial kdmmts vaosBsrod in a bond far de4 contras far rived, inabOment, *ales contract or escropr 26MCEM4 the blot Of wt" is *0 tamdia of *tale by Bmrwvet at a ME. data to a parcbaaa. if ml of 07 pW of 60 Prop' CO. °w mat is tam Propavy is Mold err use .— ( it Ho rrnavet is not a t wnmi perm and a beddkiol interest to BmawQm loll of secured by ibis Secu k writtm Goaseat Lender may regah'e frtaoo�e P� InebmweaL • Hoavaver. tits option :ball :tot be .exached by Leader if aneh amcim is prohibited by tylaptinhlc nodoe of smicradom The :attire sha11 If Leader aaaeites thin optiou, I,vadcr abaft giro Bncr�owcr = sxirhma� WA Section 15 p wide a °d of not less than 30 days Sam the abda dace notice is m aeH Bartnitvtr ]talc to within wdbbs� Borrower' moat pq all am =m by this Secornty PAY Ibese mm prix to the Ofthtt par..r. LeadR may hrmke my remedies pern2med by this Security l dbvment wohcat f glba nobce x dmumn d on BmTower. 19. tTommer Pilo* to PAbopb de ABsr AteekwothmL If Betrower meets out-In m&ditlom Bmmw r shat] have the right to have m9aseatmt of this se mw bmamed atomdam d at mmy time to for ealirit or (a) &e days bcftc isle *E-fbe Property patrauant b Anwar Of A of sale omta�bd in pfim this socarlty I t; (b) such Giber period ae a TAW rd* gtcCii?Y ft the balm of am Hmes bright to rcbwtst� or (o) em9 a •a j� an£agia* tits qty 1 n - o1 'chose cmddm we rase alortvwa: (a) pays I.eoder all amms which then n b d ar fts Sml t b�sttnment sad the Note as if no a wamadm bad axatred; (b) acmes any or rrr.a �1A) 0so14 aI run 12 Go 14 Faire t!W 1101 BX l 987PGO91 8 mn'rmm 1.4x1:18 PM CUMBERLAND COUNTY Inst# 200710705- Page 12 of 17 s 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 14/18 inc x in cdercing thia Seedtity 1aahwzs* ioau&& but not limited to, re■wmiNe � �Ys' fi mxpec � sod vahUdion . mW other des bz=m*ed far the pueae tp of protecting Leadot'a �w the hq tly sad>igtft soda a& 8era>aiW std (d) tikes wch act m as Leada wq reasombly re4oae to wotc Pond XAdWa b*ust is the Property and riota U 4k!r d& Sc=Hy lostttmlxM and SWwweea obbWfim to pay the same sow ed by this 9eauity Instesmadt, Ct>smtl eon undwngett Leader tmay Q that gOUOw pay such recce sums sod expeaaes tq eoe or more of $m fig fomn6 a acketed by lawk - (a) � (b) y , (c) ees chock, bm k cbedt. U=swWs �3c a cubkes dxxk, provided ley 9et draeovn upon an hotitation vdx" dep tits are imutad by a I kaal agerny, i wiramemtalrty or c&W, or (d) Ma*amc Fun& TrwMaer. Upon re mint by > boomed . thit 9easW boomed and ebbgstioras secured hat vby SW remain W COX& - as if no aocclati ca had occurred. However, thin ASM to rC d>slzrls aMl1 loot spplyAn -the ow-of &eWvMli99.Wdcf - 20. Sate of No*% Chw a of Lhasa &r+i , NaNte d GCtMvinoei 1he?lote 6r a pofidal i�mt is _._... _ _ . thc Note (tvgemw whb *b S9arity hwatmeat) can be sold one or more times widwat price aetxo to Borrvow. A sets afth3 rtsnll in a chop ie the entity (kwwa as do "Lest Sewicer") to caUeas Petiodie Privieata dw under the Nine and this Swm* boomed and parfwms other aoortgago low sg vW tS obrigIrUM tinder the NOW, this Smwidy Iasaomae and Applicable Lww. That also might be one or acts c=gea of 60 Lam Serveca' =vb* d to s 2118 of the Nast; If there is s of the LOW ware r, Bmvww will be given vrbb a notice of tb9 chwage wbicb will state the a®o add addnen of the new Loan Swvmw, the address to vhieh payments be snide card say adds botroamshm RESPA requir21 in eormectiao with a notice of 1 a of i arvtoimg, if the Note is wM tavd the Lotto is saviccd by a Lome Sc p vicor alter that the mchwa of the Nate, the mottgaga tom servicing obligatio,es to Barotver wilt rca21tit with the Loan Savkw or be bvnehnvd to a aucastor Loath 8avi e r and ace tot wmnW by the NOW pmdow colas ecdwwise provided try the Note parchmer. Neww Borrower tier Leed9r may aoenneeoe6 join, qc be jaieed to nary 1udicd action (as either an hxb%idud or the memba of a 6w) dnu .rises SvQ the odxc yatty's actiodt purra.at to d& Seco, ty ienaem wt cc thg Snagn that the dbar party has breaded my p+y.i:ion o4 or azw ddy owaa by reason o f this Sawily lmlr>mtad, new Fxk,Bmvwar a Lmd►et her mti5ad the other party (With axb notice given in oompiianee with the ropirammb of Seedw 19) of Rich lRdS 9 fires A n d afibrded the other party bessto a raattonabte period after the giving of snob notice eo take cetreetive aedoa I t Apoic" Last provides A time period wlaah mod elgw belt owt im schm can be bred. that time pariod win be deemed to be famumble far FwpcM of the >Wage+ PIL The lo 0 : of accalm on seed opportunity tq cure given to Borrower p woettt to Sa Gum 22 and the rtatide of axaentian gives to Ramauer pmsunA to 8ediod 18 shall be damed to satiety the louse sod opportunity by tare convedvc actkm pmvitivas of Otis Seatiaa 20. 21i. Saabohn ss. As mod to this Section 21 (a) "Hamrdoos SOWMW are those sobslas , -- de Sn ed as twdc or bazardow saber, per, of waxift by Envinoemc0W Law sad the fonewlag sobsimmot gasoline, knoum odka gbh of talm petroteam prodwt@6 triode pesticides red haltides, vvl" avlvu^ mataiabt cure asbe�its a tbsmdddryde, sad radio"ve mwristq (b) "Eaviro uncoW Ime meant ft I - l lawn mad tact of t i6 jwisdk&m wheat 169 Property la located that mldv m how aft or MvM m wW prsteedieop (G) Tnvhomteatat Cif" mclaft aw rawanac UUM, rove" a da% or reaw W wGue, as dafocd is Evvizomdent8 Law; mad (d) m "Enviteeta effW condition" mesas a oDVditioa that can c eviftrinda to, or oaa'wiae umuff in saviroemeaw ClC�ovp. OXI987PGO919 13!0712008 1:30:313 PM CUMBERLAND COUNTY IWO 200710705 - Pa9013 of 17 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 15/18 Bafowef AMU Dot eettae or petmrd•the use, apW4 aeclra8e. as nlewe of � Hszadws eat, or thredm to rdesse arty 2LaSibats�ei. or or in the Propety. Boa�dWll ahall not do, oar Wlaw sn"ie the to dg, iaytf� � >�Y (� tbat ii m violan VMy Eu Law_ _ , (b) �cb C�e�es a n Fmi�a�ahl�ao' ol� (ra vs11K aR ibe p ry Tbc gw Brmooaa 9ob•ha�0. mesas �► ao�tioa dal adv on ft Army oHi of two aet►tmeee shsll oat a to to dto be 'I'�� to noimu raidemei•1 wes and b llazaatloass Sabstaeoes of Ifte Poot tiatifed to, �atdaus 0000 paduoss� m Borr�ower 6 ��yy rr mdC1 wrhkn' t DOW Of f s') Ray "`•'�"" cbhm, � bit md �rardou a ebsbelaooe of 7 wlu , (b) Bevi l moo, bKh1ft but nd firaited td. aai�rr kAiM gr,d- ° L td=w of ar7 Hse=*= 9a and (') law pOO� 000 b'Y *0 f 4 W b nbaft of a all bets I"- vdne -of t a1r pvtV._ff w Ieamr,_ ac is wotir6od �fitrpR*w Brlbdterac` h sdY or rape tbu rao�•vsl ac dha scimodiatia+a -- __� __. _. .. -.. _ . -- .. �y ar TV1196 q i0manty, ary ri ptaTY, �a o dmx 1 AW ' haem iball aerate �r obLi�an o Ldndaa iior U 13pviraoormtil t e+mtp. and Le aft � arimant sod agree as follms: = A Qo PS. 11W P was to b t•Ytn►tt 22 ,�elss�d+sl ltsseei!•r. f,,�lrar Bair eve 26 " to iswrowees breach K aW ena me w -- v I wart 10 sideIaaisr t••teb Wool t o seakfAu •a saber saddta is 110110011 • > pMmldies �Wa). et, vow 1rt�t, {b) to owM ft ieftnih W �rbe• ON ddkwt nowt be v1vo rM Vii) **: hill I b errs dw w �!!� � in air of d* arms aea id &b i'feewl4'>Iwtrr>M 4 rbrrelwaev >r9 Jrewno cab aara .t HAP petty Lower aW 1aMretr *d oo t'I�t to rlalrelale �sent+irasl•r I" the to asacrt k Me frrwe•arr Boa s•rrsdrta•ci or r al*I& K my 96" dserrae �r:trw•a• to awCtieeatle• s� f1e idaebt is eti•t ex�•i a Leah' st Ib +� � 0901re f f Ira fro d m moon s+eafad by wo Biga y "Mon ftts'frer bttteawd aM —I Ws 8eatr!!7 rretsrnrnet 1 r7 J"" r tiffs 1 M t+ M b• e - de l b o•fieit eB ea estsw lacatetwnl trr• riet�oMaa h� brt sit saw A% atsts�ea•ye few grid "testa i[ Wk al►iasles to t11R east peewltl+d by Law. this Sft=tty f�nmmi •a 23. Ralea Upon pgm A of df MW aeodrEd by semi } rnaame, end the cshb convoyed chap termis>:e ad baoom void. AD- such - 0=400e, Lstader tbali l dis&s%,c and satisfy ibis �Y hwhoneat. Battowct Mbsl1 paY seoottbeiaa c�n�. Ire�rs mry charge Baro er a 14:e far fell this Stan ft hur t � as 1pad to a ftd"!br se mwm twdard •ad the ebor &s of%& fbo i x permdt�d , " 1 l aw, waives cad sdeexs MY ar or or 21. Wifvet•. Boctvwa, fo Ow "soccer yfsmr tm by A� Mires tfte beau ox stay prna ma or defeat 1a proo•a_ 0 m m6osoe ftfls Stxsa sty ost<+tmeat, ltecd'y • 6vm ate, levy sad wale; ltt=e lswa p wvM' !be stay of eoeeat4aa, aatyraaafor Of t a tae¢►taor Agnstrtesn"d 1 au& Bovow er" s tune to reJ*O gavided is 3edi(n 19 shoo eottead to ow hour prior to Me commaccMent of bwdlus k s aherift sale or otbaf ado rossat to dfia SaeU* 26 )farehs•a Merry Mertgse, N OW of the debt stud by this Socarfty bnshtrmmt is feet to Borrower to trorptfe title to the property, this Secosity b ubumeat 0911 be s pmd-8 moae7 psy nxxtP9c- tgt 2?. Iaeerad list After isdpart. Borzvwor ess that the i rare" ible albs a fndgtamt is cwasd on rho Note of at an notion of mOftgC foradac ebfrll be the tide payable Rata time tp time Hader the Note. 4%4AtPM)pWp1 wa 'sa,a Form 3M M 8K 1987PG0920 nen+rnnnu y -zrNRR PM CUMBERLAND COUNTY last# 2007 0705 - page 14 of 17 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 16/18 BY 81.GNING B, DW, Bw wer acoVu mad °{lea tD > to rns and cwcnmm coramb ed. in this sc= ity bwh mmmt amd in my Ride[ by Dwowff sod ta:.*d *1* it. t3Yitaessa:s: awr (Sed) toy (sea) ) .BG«« Fmm 3W os of 8K 1987PGO92 I CUMBERLAND COUNTY Inst.0 200''l07D5 - P996 15 v► 7 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 17/18 COWCNWEALT)a OF FENNWLVANU, Cwft—lmd CGNW 0' On this. ft 23rd day of w ► 2007 , bcfbre me dw vnd. eigned P - 7 Xm A Mo to , .. -M 00 ---r, stwwmzts A 3" a�•.�r know to me (or •ty per) to be the pexsea(s) wbow ti m* i 4a -rved to the widaia iasA'mmeat dad _ . �_��_ aetmowtexl�ee �.bd�he� Qee�ua we s.oc � the t ae. baa� oo IN virnuss WKMOlt► x bermM set my head end a meal. My coomeis"m Ems: tlir1 S 3 °A /BU G! C. > Qr�e faakwv . Ew ••1Wa� �ooe comme,*e of Reeldawce , do h«xby tb+u L�CNA2�G5 GotA2h the oarrecti address ofthe witb0roemed Mead is P.O. Boot 2026, Mink W 48501 Wimese ivy land tWS 23sd dsy of Mareb, 2001 ASemt of wee w W fWft.ot vim. �a � �+ Fb+m 3eao UDt x i OK I 967PGO922 ..n,...,....ne +.en -ao eF► GVMSERIAND COUNTY In6t.0 200710705 •Page 16 of 1' 08/07/2008 14:55 7172490026 AA ABSTRACT PAGE 18/18 E�ffi$Y'1' A .tLI, TIUT PARCEL OF LAND lt4 TdWNMW OV LMMRALL6N, CUbM R 41, COMM0rnV OF PE►YNBYLVANIA, AS MO= FULj V VjqCjLtB" PACE JM3, WN 42-29-2454 9MO W(OWN AND DRSRGNATLD AS LOT 117, RE- SUBOMMON PLAN FOR CA NMIMURy.TSTAT.99 PRASE I, MED IN PLAT HOOK A r AOE I M19T S AND AUUND6 pX0iPERTY, 866/1"6 AND RECOIWZD wyMa !6, CCUNIX�D COUMT m qB CO D I&D WEALTROF PRNNSYLVAr" vi -my this to be recorded :'umberland County PA Recorder ofDeeds BIEi987-PG0923 nfilft7 1:30:38 PM CUMBERLAND COUNTY Inst.920071WD5 - Pogo 17 of 17 .i EXHIBfT'B,' f CERTIFIED PROPERTY IDENTIFICATION NUMBERS 1,2.. ^3 45n_n35 UPPER a -LEY TP I CC;I S REGISTRY 0 5 /13/2013 BY DC 12 -1016 I Prepared By: Powers, Kim & Javardian, LLC 1310 Industrial Blvd., Ste. 101 Southampton, PA 18966 Return to: Powers, Kim & Javardian, LLC 1310 Industrial Blvd., Ste. 101 Southampton, PA 18966 CPN (UPI)# 42 -29- 2458 -035 ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, the undersigned: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR USAA FEDERAL SAVINGS BANK (Assignor) hereby sells, transfers, assigns, conveys and sets over to: U.S. BANK NATIONAL ASSOCIATION (Assignee), its successors, representatives and assigns, all its rights, title and interest in that certain Mortgage executed by Lugene A. Bastian -Mc Garvey and Stewart A. Mc Garvey dated March 23, 2007 and recorded April 2, 2007 in Book 1987, Page 907 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. Property: 2252 Dover Court, Mechanicsburg, PA 17055 -5700 Mortgage Amount: $181,000.00 Original Lender: USAA Federal Savings Bank TOGETHER WITH THE REAL PROPERTY therein described and the indebtedness thereby secured, having this date sold to therein named assignee. ' , oxxz;�t�: s�7zdas EXHi�Y'T A rr x �rA�r ort LANn XK TowxsM OW UrPERAUAN, CUNOMLLA" COUNT COMMUNWEALTO 6F rMaiSYLVAMA, AS MOM F q L-y bgSCXMD IN DFJW AOOSC 141, FAGS 1"3, rM d1-2544Si-E3S RE W ��'N AND �GNATZD AS LOT 17, PS[JRI�xYLSION PLAN FOR CAN OLWRY ESTATES MiASZ T, FMM EN nAT DOOX S4, PACE S, M% PS AND D umII s px6pERTY. riItED FROM T1iE MCNd►UGIITC COMWANY AS SET MRTR IN DUD BOOK 141. DA TED gFl,YtAM A7�W =CMWZD 03141!1996, CUMM=LAND CDUNTY RECORDS COMMONWEALTIA OF PENNSYLYA.1'O�A. File No. 12 -1016 TO EXERCISE the said rights, powers and privileges set forth therein in as full as a manner as the undersigned is authorized to exercise the same. ?1 WITNESS WFIER.EOF, the undersigned has caused this instrument to be signed In its behalf by its duly authorized officers and caused its Corporate seal to be affixed this day of av 2013. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR USAA FEDERAL SAVINGS BANK N : James 0. Ydndg Title: Assistant Secretary State of Kentuc County of Davi rn . On 1 before me, �' / I I G Johrlwl Notary Public (Insert name and title ofthe officer), Personally appeared James O. Young, Assistant Secretary,' proved to me on the basis of satisfactory evidence to be the ` person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Kentucky that the foregoing paragraph is true and correct. WITNESS my hand and official seal, r4 ,,<n e Q IGlai, St;�6 GAMMIE JOHNSON ( NOTARY PUBLIC - KENTUCKY Signature W V 1 f /�/► 4� 0"' y � " (Seal) . IJ , :�" STATE-AT- My Comm. Expires Sepl. 20.2016 . ID9diS<50 My Commission Expires: I hereby certify that the address of the assignee is: 4801 Frederica Street Owensboro KY 42301 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717 -240 -6370 Instrument Number - 201315511 Recorded On 5/13/2013 At 10:48:18 AM * Total Pages - 4 . • Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 136669 User ID - BMM • Mortgagor'- 1\;7CGARVEY, STEWART A • Mortgagee - USAA FEDERAL SAW'S BK - - - - *- Customer--- SI NIRLI-FIL-E- L-C— E -RE CORD I -NCt— — — -_ * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is noii part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA / f eo \ ; �\ .a %' RECORDER OF DEEDS - Information denoted by an asterisk mad° change during the 'verification process and may not be reflected on this page. EXHIBIT `C' NOTE March 23, 2007 Coraopolis PENNSYLVANIA Patel [City] [State] 2252 Dover Court, Mechanicsburg, PA 17055 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 181, 000.00 (this amount is called "Principal "), plus interest, to the order ofthe Lender. The Lender is USAA Federal Savings Bank 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 called the 'Note Holder." - - - -- INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.125 %. 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 1st day of each month beginning on MaY 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 Be under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. jf, o n April 01, 2037 , I still owe amounts under this Note, I will pay those amounts in full on that Rate, which is called the "Maturity Date." t .,will make my monthly payments at Attn: Mtg Payment Processing, P.O.. Box 20005, Owensboro, KY 42304 -0005 or at a different place if required by the Note Holder. ( 03) Amount of Monthly Payments Ny monthly payment will be in the amount of U.S. $ 1,099.78. 4. E[d'RROWER'S RIGHT TO PREPAY A have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment" When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prep;Uments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to th8'accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Nbte. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Nb4e Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE - Single Family tw? USStS 0104) VMP MORTGAGE FORMS - (900)521-7291:' Page W3 Inifials: S. 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 exceeded 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 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 If the Note Holder has not received the full amount of any monthly payment by the end of 15 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. 000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may re quire me t p ay immediately the full amount of Principal which has not been paid and all the . interest that I owe on that amount. That dale nnust be afleast 30 days - after the date on which - rs - mar a - 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 Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note 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 expanses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivdring 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. 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 maA o th e 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 adders. 8. ABLIGATIONS OF PERSONS UNDER THIS NOTE %- If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any 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 means that any one of us may be required to pay 'all of the amounts owed under this Note. ' >�l 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 right 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 other persons that amounts due have not been paid. r4,.y ( n' Initials: US5M (0104) Page 2af3 Y 10. APPLICABLE LAW Lender is a federally chartered savings bank governed, in part, by the Home Owner's Loan Act of 1933 and the rules and regulations promulgated pursuant thereto (the "Act "). To the extent permitted by the Act, this Note will be governed by applicable federal law and by the interest rate and usury provisions of the state of Texas. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. 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 I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some 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 Lenders prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Bonower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. '1 { �` , i, - y � �(:,•�- (Seal) �'� � (Seal) Lug®i3 A Bastian —Ma Ga - Boaower Stewart A Ma Garvey - Borrower Y ty (Seal) (Seal) -Borrower - Borrower P - dry (^' (Seal) (Seal) - Borrower - Borrower -wl r t (Seal) (Seal) s? � -Borrower - Borrower Y r Pay to the Order of U.S. Sank N.A. Without Recou [Sign Original Only) USA: Fydeeral savings Flank 4 B late ie: Gl ercr�� ! .Jaeger = 4ile: ` . , ` t U 5 J (0104) Page 3 a 3 300602 ...,._.,.._�..._.._ .... __ ......... ..... 13ASTIAN -MC GARVEY ;. I I PRE V: 433906855 LOAN: INVST: 433906855 BAR �: ZQ� 1 ®� _�_ ACCT: 369 - 582782 POOL: 30060240 NA BASTIAN -MC GARVEY ADD R: DOVER CT 2252 U.S. Bank Home I IIIII� IIIII III�I I�III IIIII 1111111111 I III • tifortgage I I EXHIBI"T"'D'. . 141 • • (Rev. 9/2008) l ldd ti I � o o • - a., Date: December 5, 2012 ACT 91 NOTICE TAKE ACTION TO SANE YOUR HOME FROM FORECLOSURE LUGENE A BASTIAN - MCGARVEY STEWART A MCGARVEY 2252 DOVER COURT 2252 DOVER COURT MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 - 342 -2397. (Persons with impaired hearing can call (717) 780 - 1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA "NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. ST NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): LUGENE A BASTIAN - MCGARVEY AND STEWART A MCGARVEY PROPERTY ADDRESS: 2252 DOVER COURT, MECHANICSBURG PA 17055 LOAN ACCT. NO.. ORIGINAL LENDER: ALLEGHENY MORTGAGE CORP. CURRENT LENDER/SERVICER: U.S. BANK NATIONAL ASSOCIATION HOMEOWNER'S EMER MO RTGA GE ASS IST AN CE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • 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 (plus three (3) days for mailing). During that time you must arrange and attend a "face -to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to- face meeting. Advise your lender immediately of your intentions. 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). 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION r WITH PAFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE ". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 2252 DOVER COURT, MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due from 6/01/12 through 12/1/12 in the amount of $1,277.63 for six months and $1,455.07 for one month: Monthly Payments Plus Late Charges Accrued: $9,303.98 MTGR Rec Corp Adv: $0.00 NSF Fees: $30.00 Other Fees: $45.00 (Suspense): ($2,183.30) TOTAL AMOUNT TO CURE DEFAULT $7,195.68 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: ( not use if not applicable. HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS (plus three days for mailing) of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,195.68, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to US BANK 4801 FREDERICA STREET OWENSBORO, KY 42301 You can cure any other default by taking the following action within THIRTY (30) DAYS (plus three days for mailing) of the date of this letter: ( 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 t�is 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 (plus three days for mailing), the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged p roperty. 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 (plus three days for mailing) 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. — RIG- H- T- TO- C- URE— T- HE- DEFAUL -T- PRIOR TO SHERIFF'S SAL -E - -- If- you -have not cured- the - default within- the - -- - THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by pang 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 Sheriffs Sale of the mortgaged property could be held would be approximately (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: US BANK 4801 FREDERICA STREET OWENSBORO, KY 42301 Phone Number: 1(270)852 -5800 EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged .property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You XX may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY 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. NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT v 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (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 thirty (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. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 11/29/2012 05:42 PM Advantage Credit Counseling Service /CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 -511 -2227 717 - 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 - 855 -2752 717- 762 -3285 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Harrisburg, PA 17110 717- 334 -1518 717- 780 -3940 800 - 342 -2397 { VERIFICATION The undersigned hereby states that the statements made in the foregoing pleadings are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 0 Corie A. Spencer Assistant Vice President U.S. Bank National Association McGarvey, Lugene A. Bastian 12 -1016 POWERS, KIRK & JAVARDIAN, LLC Gregory Javardian Esquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 Meghan K. Boyle, Esquire Id. No. 201661` Sean P. Mays, Esquire Id. No. 307518t�`'�« r{ Richard J. Nalbandian, III, Esquire Id. No. 312653 ,._,'" Fa'Q C1;1 Y 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215- 942 -2090 Attorneys for Plaintiff U.S. BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS 4801 FREDERICA STREET OWENSBORO, KY 42301 CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY vs. /� No. 3y 0 - V LUGENE A. BASTIAN - MCGARVEY STEWART A. MCGARVEY COMPLAINT IN 2252 DOVER COURT MORTGAGE FORECLOSURE MECHANICSBURG, PA 17055 -5700 DEFENDANTS NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action you may be able to participate in a court supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First within twenty 20 days of your receipt of this notice you must contact MidPenn Legal Services at 717 2439400 extension 2510 or 800 8225288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative you must promptly meet with that legal representative within twenty 20 days of the appointment date. During that meeting you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto the legal representative will prepare and file a Request for Conciliation Conference with the Court which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the -` format attached hereto your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty 60 days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME YOU MUST ACT QUICKLY AND TAKE THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. Date Respectfully submitted, ❑Gregory Javardian, Esquire Id. No. 55669 ❑Mary F. Kennedy, Esquire Id. No. 77149 ❑Megh n K. Boyle, Esquire Id. No. 201661 Z ic n P. Mays, Esquire Id. No. 307518 hard J. Nalbandian, III, Esquire Id. No.312653 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge CUSTOMER/ PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name Realtor Phone Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different) City State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: CO- BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number Date You Closed Your Loan: J Second Mortgage Lender: Type of Loan Loan Number Total Mortgage Payments Amount: $ Included Taxes Insurance:$ Date of Last Payment: Primary Reason for default: Is the loan in Bankruptcy? Yes ❑ No❑ If yes provide names, location of court, case number & attorney Assets Amount Owed: Value: Home: $ $ Other Real Estate $ $ Retirement Funds $ $ Investments $ $ Checking $ $ Savings $ $ Other $ $ Automobile #l: Model Year: Amount owed: $ Value: Automobile #2: Model Year: Amount owed $ Value: Other transportation (automobiles boats motorcycles Model) Model: Year: Amount owed $: Value: $ MONTHLY INCOME Name of Employers 1. 2. 3. Additional Income Description (not wages): 1. monthly amount $ 2. monthly amount $ Borrower Pay Days: Co- Borrower Pay Days MONTHLY EXPENSES (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd Mortgage $ Utilities $ Car Payment(s) $ Condo/Neigh. Fees $ Auto Insurance $ Med not covered $ Auto fuel /repairs $ Other prop payment $ Install Loan Payment $ Cable TV $ Child Support/Alimony $ Spending Money $ Day /Child Care Tuition $ Other Expenses $ Amount Available for Monthly Mortgage Payments Based on Income Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes please provide the following information Counseling Agency: Counselor: Phone Office: Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance Yes ❑ No ❑ If yes please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency Yes ❑ No ❑ If yes please indicate the status of those negotiations: Please provide the following information if known regarding your lender's or lender loan servicing company Lender Contact (Name) Phone Servicing Company (Name) Contact: Phone AUTHORIZATION I /We authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /We understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and Gregory Javardian, Esquire, lender counsel: Proof of income Bank statements.to cover the last 60 day period If self employed, we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T -EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian, Esquire 1310 Industrial Boulevard 2 °d Floor, Suite 202 Southampton, PA 18966 (tel) 215- 942 -9690 (fax) 215- 942 -9695 Attention: Jennifer McGarrity (tel) 215- 942 -2090 ext. 1326 jennifer.megarrity@pkjllc.com SHERIFF'S OFFICE OF CUMBERLAND COUNTY -Ronny R Anderson ;l 'J" Sheriff 0���� Jody S Smith ' ` n Chief Deputy + JUL 19 Richard W Stewart Solicitor i8A �A U.S. Bank National Association Case Number vs. 2013-3822 Lugene Bastian-McGarvey(et al.) SHERIFF'S RETURN OF SERVICE 07/12/2013 07:35 PM-Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Lugene Bastian-McGarvey,wife of defendant,who accepted as"Adult Person in Charge"for Stewart A. McGarvey at 2252 Dover Court, Upper Allen Township, Mechanicsburg, PA 17055. Al ,,r +5 AMANDA C AUGH, D PUTY 07/1212013 07:35 PM-Deputy Amanda Cobaugh, being.duly sworn according to law, served the requested Not - of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves to be the Defendant, to wit: Lugene Bastian-McGarvey at 2252 Dover Court, Upper Allen, Mechanicsburg, PA 17055. �_g#na (NI AMANDA COBAUGH, DEPUTY SHERIFF COST: $55.30 SO ANSWERS, July 15;2013 RONW R ANDERSON, SHERIFF (c)CcuntySuite Sheriff,Teleoso€t.Inc. Gregory Javardian, Esquire Id. No. 55669 t Jill Manuel-Coughlin, Esquire Id. No.63252 11 a t .a i ' t Daniel C. Fanaselle, Esquire Id. No.312292 tat i ; ; Powers, Kim&Javardian,LLC Gregory Javardian, Esquire Id.No. 55669 Mary F. Kennedy,Esquire Id.No. 77149 Meghan K.Boyle, Esquire Id.No. 201661 Sean P. Mays,Esquire Id. No. 30751.8 Richard J.Nalbandian, III,Esquire Id. No.312653 1310 Industrial Boulevard 2"Floor, Suite 202 Southampton,Pa 1 8966 (215)942-2090 Attorneys for Plaintiff U.S.Bank National Association In the Court of Common Pleas Plaintiff vs. CUMBERLAND COUNTY No. 13-3822 Civil Lugene A.Bastian-McGarvey and Stewart A.McGarvey Defendants Lugenc A. Bastian-McGarvey 2252 Dover Court Ivtechaniesburg,PA 17055-5700 Stewart A.McGarvey 2252 Dover Court Mechanicsburg,PA 17055-5700 DATE OF NOTICE: August?),2013 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action:,required by you in this case. 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to find out where you can get legal help. MidPenn Legal Services Cumberland County Bar Association 8 Irvine Row 32 S.Bedford Street Carlisle,PA 17013- Carlisle,PA 17013- Phone:717-243-9400 Phone:717-249-3166 Powers,Kim&Javardian,LLC X. e By: ❑ Gregory Javardian,Esquire Id.No. 55669 ❑ Mary F.Kennedy,Esquire Id.No.77149 ❑ Meghan K.Boyle,Esquire Id.No.201661 ❑ Sean P.Mays,Esquire Id.No.307518 ❑Richard J.Nalbandian, III,Esquire Id.No.312653 Attorneys for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado Ia accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez(10)dias de esta notificacion,el tribunal podra,sin necesidad de compararecer usted en torte o escuchar prueba alguna,dictar sentencia en su contra,usted puede perder bienes y otros derechos importantes. Debe Ilevar esta notificacion a un abogado immediatemente si usted no time abogado,o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telpfono a Ia oficina,cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "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" • OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: LUGENE A. BASTIAN-MCGARVEY 2252 DOVER COURT MECHANICSVILLE, PA 17055-5700 STEWART A. MCGARVEY 2252 DOVER COURT MECHANICSVILLE, PA 17055-5700 U.S BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY vs. No.: 13-3822 CIVIL LUGENE A. BASTIAN-MCGARVEY STEWART A. MCGARVEY Defendants NOTICE 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. X Judgment by Default _Money Judgment _Judgment in Replevin 3 'a\)1 _Judgment for Possession by Default Judgment on Award of Arbitration _Judgment on Verdict _Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Powers, Kirn&Javardian, LLC at this telephone number: (215)942-2090. Powers, Kirn &Javardian, LLC Gregory Javardian, Esquire Id. No. 55669 Jill Manuel-Coughlin, Esquire Id. No. 63252 Daniel C. Fanaselle, Esquire Id. No. 312292 Richard J. Nalbandian, Ill, Esquire Id. No. 312653 Matthew J. McDonnell, Esquire Id. No. 313549 1310 Industrial Boulevard 2nd Floor, Suite 202 Southampton, Pa 18966 (215)942-2090 U.S BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY LUGENE A. BASTIAN-MCGARVEY No.: 13-3822 CIVIL STEWART A. MCGARVEY VERIFICATION OF NON-MILITARY SERVICE Jill Manuel-Coughlin,Esquire,hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief,he/she has knowledge of the following facts,to wit: (a) Defendants, LUGENE A. BASTIAN-MCGARVEY and STEWART A. MCGARVEY, is/are 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, 50 U.S.C.S. Appx. §§ 501 et. seq. (b) Defendant, LUGENE A. BASTIAN-MCGARVEY, is over 18 years of age, and resides at 2252 DOVER COURT, MECHANICSVILLE, PA 17055-5700. (c) Defendant, STEWART A. MCGARVEY, is over 18 years of age, and resides at 2252 DOVER COURT, MECHANICSVILLE,PA 17055-5700. (d) Plaintiff, U.S BANK NATIONAL ASSOCIATION, is an institution conducting business under the Laws of the Commonwealth of Pennsylvania with an address of 4801 FREDERICA STREET, OWENSBORO, KY 42301. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Powers,yrn &Javardian, LLC 1.-�__.. __... ❑ Gregory Javardian,Esquire Id.No. 55669 ❑ Jill Manuel-Coughlin,Esquire Id.No.63252 ❑ aniel C. Fanaselle,Esquire Id.No. 312292 Ld"Richard J.Nalbandian, III,Esquire Id.No. tt 312653 Date: l f ❑Matthew J. McDonnell,Esquire Id.No. 313549 F COMMONWEALTHCOUNTY OF CUMBERLAND LAND ANIAZQ/'i� UNBERL 12 PENNS YL VI COUNT Y COURT OF COMMON PLEAS A U.S BANK NATIONAL ASSOCIATION 4801 FREDERICA STREET OWENSBORO, KY 42301 vs. LUGENE A. BASTIAN-MCGARVEY STEWART A. MCGARVEY 2252 Dover Court MECHANICSVILLE, PA 17055-5700 CUMBERLAND COUNTY No.: 13-3822 CIVIL PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due •Aa'? I t LI rioiy Interest from 12/03/2014 to 12/3/2014 Date of Sale @ $34.15 per diem Subtotal (Costs to be added) sc)-0 a SS.?b ii 11 Hi.su(( �Spd a Glen,�t.ah $297,721.27 $ 9,527.85 ❑Ji*l Manuel -Coughlin, Esquire . No. 63252 ❑Paige M. Bellino, Esquire Id No. 309091 ❑Hrry B. Reese, Esquire Id No. 310501 atherine Lopez, Esquire Id No. 311713 ❑Daniel C. Fanaselle, Esquire Id No. 312292 Attorneys for Plaintiff 1310 Industrial Boulevard 2nd Floor, Suite 202 Southampton, PA 18966 (215) 942-2090 Qs-bkkeo. o�- �.� Li -- ?939 o‘ oz- POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE ID. NO. 63252 PAIGE M. BELLINO, ESQUIRE ID NO. 309091 HARRY B. REESE, ESQUIRE ID NO. 310501 KATHERINE LOPEZ, ESQUIRE ID NO. 311713 DANIEL C. FANASELLE, ESQUIRE ID. NO. 312292 1310 INDUSTRIAL BOULEVARD 2ND FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 (215) 942-2090 FILED—OFFICE T s E PROTHONOTAR' ?#� JUL —2 Ail l:# : # 9 CUMBERLAND COUNTY PENNSYLVANIA U.S BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS vs. LUGENE A. BASTIAN-MCGARVEY STEWART A. MCGARVEY CUMBERLAND COUNTY No.: 13-3822 CIVIL CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: FHA Tenant Occupied Vacant Commercial As a result of Complaint in Assumpsit Act 91 complied with Manue -Cough in, Esquire -7-o. 63252 ❑Paige M. Bellino, Esquire Id No. 309091 ❑Harry B. Reese, Esquire Id No. 310501 atherine Lopez, Esquire Id No. 311713 [Daniel C. Fanaselle, Esquire Id No. 312292 Attorneys for Plaintiff U.S BANK NATIONAL ASSOCIATION vs. LUGENE A. BASTIAN-MCGARVEY STEWART A. MCGARVEY COURT OF COMMON PLEAIJS fK fir,_ Ctin F I C L f HE .PRO THONO FA:'i it CUMBERLAND COUNTY 201 4 JUL -2 AM 19 CUMBERLAND COUNTY PENNSYLVANIA No.: 13-3822 CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2252 Dover Court, Mechanicsville, Pa 17055- 5700: 1. Name and address of Owner(s) or reputed Owner(s): Name Lugene A. Bastian-Mcgarvey Stewart A. Mcgarvey Last Known Address (if address cannot be reasonably ascertained, please indicate) 2252 Dover Court Mechanicsville, Pa 17055-5700 2252 Dover Court Mechanicsville, Pa 17055-5700 2. Name and address of Defendant(s) in the judgment: Lugene A. Bastian-Mcgarvey Stewart A. Mcgarvey 2252 Dover Court Mechanicsville, Pa 17055-5700 2252 Dover Court Mechanicsville, Pa 17055-5700 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name PA Dept of Revenue CitiBank (South Dakota), NA Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. Box 280948 Harrisburg, PA 17128-0948 701 East 60th Street Sioux Falls, SD 57117 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 2252 Dover Court Mechanicsville, Pa 17055-5700 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. :Jill Manuel -Coughlin, Esquir. No. 63252 ❑Paigge M. Bellino, Esquire Id o. 309091 pali y B. Reese, Esquire Id No. 310501 atherine Lopez, Esquire Id No. 311713 ❑Daniel C. Fanaselle, Esquire Id No. 312292 Attorneys for Plaintiff June 13, 2014 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE ID. NO. 63252 PAIGE M. BELLINO, ESQUIRE ID NO. 309091 HARRY B. REESE, ESQUIRE ID NO. 310501 KATHERINE LOPEZ, ESQUIRE ID NO. 311713 DANIEL C. FANASELLE, ESQUIRE ID. NO. 312292 1310 INDUSTRIAL BOULEVARD 2ND FLOOR, SUITE 202 SOUTHAMPTON, PA 18966 (215) 942-2090 U.S BANK NATIONAL ASSOCIATION vs. LUGENE A. BASTIAN-MCGARVEY STEWART A. MCGARVEY FILED- TFSE PRO rHoND{T,c,;< 2014 JUL. 2 OUI�fgER f�f1: 20 PENNSY ANIANT y N COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-3822 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Lugene A. Bastian-Mcgarvey Stewart A. Mcgarvey 2252 Dover Court Mechanicsville, Pa 17055-5700 Your house (real estate) at 2252 Dover Court, Mechanicsville, PA 17055-5700, is scheduled to be sold at Sheriffs Sale on December 3, 2014 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $207,721.27, obtained by U.S Bank National Association, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Powers, Kirn & Associates, LLC at (215) 942-2090. 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 the 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. 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. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net U.S. BANK NATINOAL ASSOCIATION Vs. NO 13-3822 Civil Term CIVIL ACTION — LAW LUGENE A. BASTIAN-MCGARVEY STEWART A. MCGARVEY WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $207,724.27 L.L.: $.50 Interest FROM 2/27/14 TO 12/3/2014 DATE OF SALE @ $34.15 PER DIEM - $9,527.85 Atty's Comm: Atty Paid: $204.05 Plaintiff Paid: Date: 7/2/14 Due Prothy: $2.25 Other Costs: (Seal) By: • . �C�O'�'U Deputy REQUESTING PARTY: Name: KATHERINE LOPEZ, ESQUIRE Address: POWERS, KIRN & ASSOCIATES, LLC 1310 INDUSTRIAL BLVD 2ND FLOOR, SUITE 202 SOUTHAMPTOIN, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No. 311713 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE Id. No. 63252 JOLANTA PEKALSKA, ESQUIRE Id No. 307968 HARRY B. REESE, ESQUIRE Id No 310501 DANIEL C. FANASELLE, ESQUIRE Id No. 312292 MATTHEW J. MCDONNELL, ESQUIRE Id No. 313549 Eight Neshaminy Interplex, Suite 215 Trevose, PA 19053 215-942-2090 Attorney for Plaintiff ifc. PRO liOn0 tAN'Y ZOILINOV 26 P11 2: • CitiBERL AND COUNTY PENHaYLVANIA U.S. BANK NATIONAL ASSOCIATION Plaintiff vs. LUGENE A. BASTIAN-MCGARVEY STEWART A. MCGARVEY Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 13-3822 CIVIL AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 Plaintiff, by and through its undersigned counsel, say: 1. On October 7, 2014, a copy of the Notice of Sheriff s Sale of Real Property was served upon the defendants, Lugene A. Bastian -McGarvey and Stewart A. McGarvey, by a private process server. 2. On July 14, 2014 and October 8, 2014, a notice of Sheriff s Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is 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 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. 0Jill Manuel -Coughlin, Esquire Id. No. 63252 Jolanta Pekalska, Esquire, Id. No. 307968 0Harry B. Reese, Esquire, Id. No. 310501 Daniel C. Fanaselle, Esquire, Id. No. 312292 EMatthew J. McDonnell, Esquire Id. No. 313549 Attorneys for Plaintiff Dated: ji 11- EXH 1BIT"A" 33 98 DATE SENDER: erd REFERENCE: McGarvey 12-1016 9314 8699 04 30 0004 PS Forrn 3800 Janu RETURN RECEIPT i SERVICE Postage Cenifted Foe Return Receipt Foo Restricted Delivery Total Postage & Fees USPS* Receipt for Certified Mair No Insurance Coverage Provided Do Not Use for International SdIal FOS 5384 59 K OR DATE ........... ............... ............ sales@walzgroup.coi-h- (800) 882-3811 www.walzgroup.com WALZ SOLUTIONS: 0 Vi/ALZ CERTIFIED MAILERS Patented forrns and software to automate your in-house process 0 WALZ OUTSOURCING SERVICES: Comprehensive Outsourcing -Solutions for compliant typeirnailings, utilizing Certified Mail° and First -Class Mar services 0 TRACKRIGHT1":T(acks USPS' Delivery events, images and updated status STORERIGHT' : Return -Receipt and Unclaimed Mail storage and records management sytem ale"s@walzgrou 800)4182-3811 - www.walzgrou WALZ SOLUTI1 .6 WALZ CERT1 software to WALZ OUt; Compreher compliant Wil° and I TRACKRIGii and updat STORERIG storagvs NAME AND ADDRESS OF SENDER INDICATE TYPE OF MAIL CHECK APPROPIATE BLOCK FOR POSTMARK AND DATE OF RECEIPT Powers, Kirn & Javardian 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 X Certificate Mailing 0 Insured 0 COD 0 Certified Mail Registered Mail: 0 With Postal Insurance 0 Without Postal Insurance Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Line Number of Article Name of Addressee, Street, and Post -Office Address Postage Fee Handling Charge Act. Value (If Regis.) Insured Value Due Sender If C.O.D. R.R. Fee S.D. Fee S.H. Fee 1 Cumberland County Domestic Relations 13 North Hanover Strcct P.O. Box 320 Carlisle, PA 17013 2 Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlislc, PA 17013 3 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 _____ Ir" I I $ 00 3194302 JUL ED FROM ZIP COC 4 PA Dept of Revenue. P.O. Box 280948 Harrisburg, PA 17128-0948 V. .f.. 1 5 CitiBank (South Dakota), NA 701 East 6011' Street Sioux Falls, SD 57117 Cso rc. r- •:-.. :7.. .';;-• -`2i ' 0 1 6 Tenants/Occupants 2252 Dover Court Mechanicsville, Pa 17055-5700 .‹.... a 7 Total Number of Pieces Listed by Sender POSTMASTER, PER (Name of receiving employee) The full declaration of value is required on all domestic and international registered mail. The maximum indemnity payable for nonnegotiable documents under Express Mail document reconstruction insurance is 550,000 per piece subject to a limit of S50,000 per occurrence. The maximum indemnity payable on Express Mail merchandise insurance is S500. The maximum indemnity payable is S25,000 for Registered Mail, $500 for COD and S500 for Insured Mail. Special handling charges apply only fo Third- and Fourth -Class parcels. Special delivery service also includes special handling service. PS FORM 3877 (0001776) McGarvey 12-1016 erd FOR REGISTERED, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL NAME AND ADDRESS OF SENDER Powers, Kirn & Associates 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 INDICATE TYPE OF MAIL X Certificate Mailing o Insured o COD CI Certified Mail CHECK APPROPIATE BLOCK FOR POSTMARK AND DATE OF RECEIPT Affix stamp here if issued as certificate of mailing or for additional copies of this bill. Registered Mail: O With Postal Insurance O Without Postal Insurance Line Number of Article Name of Addressee, Street, and Post -Office Address Postage Fee Handling Charge Act. Value if Regis.) Insured Value Due Sender If C.O.D. R.R. Fee S.D. Fee S.H. Fee 1 Tenants/OCcupants 2252 Dover Court Mechanicsburg, PA 17055 4 ./) 7 Total Number of Pieces Listed by Sender 1g - oiv v POSTMASTER. PER (Name of receiving employee) PS FORM 3877 (00400761 File Name and Number 1 The full declaration of value is required on all domestic arid international registered mail. The maximum indemnity payable for nonnegotiable documents under Express Mail document reconstruction insurance is S50,000 per piece subject to a limit of S50,000 per occurrence. The maximum indemnity payable on Express Mail merchandise insurance is S500. The maximum indemnity payable is S25,000 for Registered Mail, S500 for COD and $500 for Insured Mail. Special handling charges apply only to Third- and Fourth -Class parcels. Special delivery service also includes special handling service. FOR REGISTERED, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL 111 ADDRESS OF SENDER INDICATE TYPE OF MAIL CHICK Arrr Powers, Kirn & Associates 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 X Certificate Mailing 0 Insured 0 COD 0 Certified Mail Registered Mail: 0 With Postal Insurance 0 Without Postal Insurance - ----- Aix Star *- 1=' r` or for act Ci. i -Ci A Line Number of Article Name of Addressee, Street, and Post -Office Address Postage Fee , Handling Charge Act. insured Due Value Value Sender R.R.,_ p_ Fee (If Regis.) If C.O D 1 Cutnberland County Domestic Relations 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 z Cumberland County Tax Claim Bureau 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 ''H 790�r ti f 3 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburb, PA 17105-2675 Pennsylvania Office of Attorney General 16th Floor, Strawberry Square Harrisburg, PA 17120 •-----..-- `` r $ Commonwealth of PA, Dcpt of Revenue, Bureau of Compliance, Clearance Support Section Dept. 280948 Harrisburg, PA 17128 s PA Dept of Revenue P.O. Box 280948 Harrisburg, PA 17128 7 CitiBank (South Dakota), NA 701 East G0ih Street Sioux. Falls. SD 57117 Total Number of Pieces Listed by Sender p etr l , �^ I �1 POSTMASTER, (Name of receiving / PER employee) / The full declaration of value is required on all domestic an registered mail. The maximum indemnity payable for non documents under Express Mail document reconstruction in S50,000 per piece subject to a limit of S50,000 per occurre maximum indemnity payable on Express Mail merchandise S500. The maximum indemnity payable is S25,000 for Reg' for COD and 5500 for Insured Mail. Special handling charge Third- and Fourth -Class parcels. Special delivery service atso special handling service. PS FOR 3877 1004017761 File Name and Number ED, INSURED, C.O.D., CERTIFIED, AND EXPRESS MAIL t o international negotiable surance is nCe, The insurance iS stered,Nail SS s apply only too includes Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY PLED -OFFICE i THE i HONQTiali:1 9apti)' qt �Rlnber��/G 2011, DEC --9 Pil 2: 57 CUMBERLAND COUNTY PENNSYLVANIA OFFICE OF INE, $I{ERIFF U.S. Bank National Association vs. Lugene Bastian -McGarvey (et al.) Case Number 2013-3822 SHERIFF'S RETURN OF SERVICE 10/07/2014 06:57 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 2252 Dover Court, Upper Allen - Township, Mechanicsburg, PA 17055, Cumberland County. 10/07/2014 06:57 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Lugene Bastian -McGarvey, wife, who accepted as "Adult Person in Charge" for Stewart A. McGarvey at 2252 Dover Court, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County. 10/07/2014 06:57 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Lugene Bastian -McGarvey at 2252 Dover Court, Upper Allen, Mechanicsburg, PA 17055, Cumberland County. 12/03/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $789.97 SO ANSWERS, December 09, 2014 RONNY R ANDERSON, SHERIFF (c) CouritySu:te Sheriff. Teleosott, inc. U.S BANK NATIONAL ASSOCIATION vs. LUGENE A. BASTIAN-MCGARVEY STEWART A. MCGARVEY COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-3822 CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 2252 Dover Court, Mechanicsburg, Pa 17055- 5700: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Lugene A. Bastian-Mcgarvey Stewart A. Mcgarvey 2252 Dover Court Mechanicsburg, PA 17055-5700 2252 Dover Court Mechanicsburg, PA 17055-5700 2. Name and address of Defendant(s) in the judgment: Lugene A. Bastian-Mcgarvey Stewart A. Mcgarvey 2252 Dover Court Mechanicsburg, PA 17055-5700 2252 Dover Court Mechanicsburg, PA 17055-5700 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PA Dept of Revenue CitiBank (South Dakota), NA P.O. Box 280948 Harrisburg, PA 17128-0948 701 East 60th Street Sioux Falls, SD 57117 4. Name and adss of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) . Plaintiff. t_ 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 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. Name Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement Pennsylvania Office of Attorney General Commonwealth of PA, Dept of Revenue, Bureau of Compliance, Clearance Support Section Last Known Address (if address cannot be reasonably ascertained, please indicate) 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 16th Floor, Strawberry Square Harrisburg, PA 17120 Dept. 280948 Harrisburg, PA 17128-0948 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Last Known Address (if address cannot be reasonably ascertained, please indicate) 2252 Dover Court Mechanicsburg, PA 17055-5700 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. 0J. Manuel-Coug lin, Esq1fe Id No. 63252 OPaige M. Bellino, Esquire Id No. 309091 B. Reese, Esquire Id No. 310501 atherine Knowlton Lopez, Esquire Id No. 311713 ODaniel C. Fanaselle, Esquire Id No. 312292 OMatthew J. McDonald, Esquire Id No. 313549 Attorney for Plaintiff ALL THAT PA CEL OF LAND IN TOWNSHIP OF UPPER ALLEN, CUMBERLAND COUNTY, COMMONWEALTH OE PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 141, PAGE 1043, ID#42-29-2458-035, BEING KNOWN AND DESIGNATED AS LOT 17, RE-SUBDIVISION PLAN FOR CANTERBURY ESTATES PHASE I, FILED IN PLAT BOOK 54, PAGE 8, METES AND BOUNDS PROPERTY. BEING THE SAME PREMISES WHICH THE MCNAUGHTON COMPANY, BY DEED DATED 6/27/96 AND RECORDED 7/1/96 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK VOLUME 141, PAGE 1043, GRANTED AND CONVEYED UNTO LUGENE A. BASTIAN-MCGARVEY AND STEWART A. MCGARVEY, HUSBAND AND WIFE . BEING KNOWN AS: 2252 DOVER COURT, MECHANICSBURG, PA 17055-5700 PARCEL #42-29-2458-035 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE ID. NO. 63252 PAIGE M. BELL1NO,iESQU1'RE ID NO. 309091 HARRY B. REESE, ESQUIRE ID NO. 310501 KATHERINE LOPEZ, ESQUIRE ID NO. 311713 DANIEL C. FANASELLE, ESQUIRE ID. NO, 312292 MATTHEW J. MCDONNELL, ESQUIRE ID. NO. 313549. EIGHT NESHAMINY INTERFLEX, SUITE 215 TREVOSE, PA 19053 (215) 942-2090 U.S BANK NATIONAL ASSOCIATION vs. LUGENE A. BASTIAN-MCGARVEY STEWART A. MCGARVEY COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 13-3822 CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Lugene A. Bastian-Mcgarvey 2252 Dover Court Mechanicsburg, Pa 17055-5700 Your house (real estate) at 2252 Dover Court, Mechanicsburg, PA 17055-5700, is scheduled to be sold at Sheriffs Sale on -December 3, 2014 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $207,724.27, obtained by U.S Bank National Association, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Powers, Kirn & Associates, LLC at (215) 942-2090. 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 the 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. 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. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 y S ALL THAT PARCEL OF LAND IN TOWNSHIP OF UPPER ALLEN, CUMBERLAND COUNTY, COMMONWEALTH OF, PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 141, PAGE 1043, ID#42-29-2458-035, BEING KNOWN AND DESIGNATED AS LOT 17, RE -SUBDIVISION PLAN FOR CANTERBURY ESTATES PHASE I, FILED IN PLAT BOOK 54, PAGE 8, METES AND BOUNDS PROPERTY. BEING THE SAME PREMISES WHICH THE MCNAUGHTON COMPANY, BY DEED DATED 6/27/96 AND RECORDED 7/1/96 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK VOLUME 141, PAGE 1043, GRANTED AND CONVEYED UNTO LUGENE A. BASTIAN-MCGARVEY AND STEWART A. MCGARVEY, HUSBAND AND WIFE . BEING KNOWN AS: 2252 DOVER COURT, MECHANICSBURG, PA 17055-5700 PARCEL #42-29-2458-035 POWERS, KIRN & ASSOCIATES, LLC JILL MANUEL-COUGHLIN, ESQUIRE ID. NO. 63252 PAIGE M. BELLING?, ESQUIRE ID NO. 309091 HARRY B. REESE, ESQUIRE ID NO. 310501 KATHERINE LOPEZ, ESQUIRE ID NO. 311713 DANIEL C. FANASELLE, ESQUIRE ID. NO. 312292 MATTHEW J. MCDONNELL, ESQUIRE ID. NO. 313549 EIGHT NESHAMINY INTERPLEX, SUITE 215 TREVOSE, PA 19053 (215) 942-2090 U.S BANK NATIONAL ASSOCIATION COURT OF COMMON PLEAS CUMBERLAND COUNTY LUGENE A. BASTIAN-MCGARVEY No.: 13-3822 CIVIL STEWART A. MCGARVEY vs. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Stewart A. Mcgarvey 2252 Dover Court Mechanicsburg, Pa 17055-5700 Your house (real estate) at 2252 Dover Court, Mechanicsburg, PA 17055-5700, is scheduled to be sold at Sheriffs Sale onDecember 3, 2014 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $207,724.27, obtained by U.S Bank National Association, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-2090. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFS SALE DOES TAKE PLACE. x 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-2090. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Powers, Kirn & Associates, LLC at (215) 942-2090. 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 the 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. 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. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT PARCEL OF LAND IN TOWNSHIP OF UPPER ALLEN, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 141, PAGE 1043, ID#42-29-2458-035, BEING KNOWN AND DESIGNATED AS LOT 17, RE -SUBDIVISION PLAN FOR CANTERBURY ESTATES PHASE I, FILED IN PLAT BOOK 54, PAGE 8, METES AND BOUNDS PROPERTY. BEING THE SAME PREMISES WHICH THE MCNAUGHTON COMPANY, BY DEED DATED 6/27/96 AND RECORDED 7/1/96 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY IN DEED BOOK VOLUME 141, PAGE 1043, GRANTED AND CONVEYED UNTO LUGENE A. BASTIAN-MCGARVEY AND STEWART A. MCGARVEY, HUSBAND AND WIFE . BEING KNOWN AS: 2252 DOVER COURT, MECHANICSBURG, PA 17055-5700 PARCEL #42-29-2458-035 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net U.S. BANK NATINOAL ASSOCIATION Vs. NO 13-3822 Civil Term CIVIL ACTION — LAW LUGENE A. BASTIAN-MCGARVEY STEWART A. MCGARVEY WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (I) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. . Amount Due: $207,724.27 L.L.: 5.50 Interest FROM 2/27/14 TO 12/3/2014 DATE OF SALE @ $34.15 PER DIEM - $9,527.85 Atty's Comm: Atty Paid: $204.05 Plaintiff Paid: Date: 7/2/14 (Seal) Due Prothy: $2.25 Other Costs: ANtin David Buell, Prot By:.. REQUESTING PARTY: Name: KATHERINE LOPEZ, ESQUIRE Address: POWERS, KIRN & ASSOCIATES, LLC 1310 1NDUSTRIAL BLVD 2ND FLOOR, SUITE 202 SOUTHAMPTOIN, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No. 311713 Deputy LXIII 42 CUMBERLAND LAW JOURNAL 10/17/14 Writ No. 2013-3822 Civil Term U.S. Bank National Association vs. Lugene Bastian -McGarvey Stewart A. McGarvey Atty.: Harry B. Reese ALL THAT PARCEL of land in Township of Upper Allen, Cumber- land County, Commonwealth of Pennsylvania, as more fully described in Deed Book 141, Page 1043, ID#42- 29-2458-035, being known and designated as Lot 17, Re -Subdivision Plan for Canterbury Estates Phase I, filed in Plat Book 54, Page 8, metes and bounds property. BEING the same premises which the McNaughton Company, by deed dated 6/27/96 and recorded 7/1/96 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 141, Page 1043, granted and conveyed unto Lugene A. Bastian -McGarvey and Stewart A. McGarvey, husband and wife . BEING KNOWN AS: 2252 Dover Court, Mechanicsburg, PA 17055- 5700. PARCEL #42-29-2458-035. 26 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 17, October 24 and October 31, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. arie Coyne yneEditor SWORN TO AND SUBSCRIBED before me this 31 day of October, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE KORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 hc Patriot Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2013-3822 Civil Te U.S. Bank Nationa Association vs. Lugene Bastian -McGarvey Stewart A. McGarvey I Atty: Harry B Reese 1 ALL THAT PARCEL OF I LAND IN TOWNSHIP OF UPPER ALLEN, CUMBERLAND COUNTY, COMMONWEALTH OF i PENNSYLVANIA, AS MORE I FULLY DESCRIBED IN DEED I BOOK 141, PAGE 1043, ID#42- j 29-2458-035, BEING KNOWN' AND DESIGNATED AS LOT I 17, RE -SUBDIVISION PLAN s FORCANTERBURY ESTATES 1 PHASE I, DICED -1N PLAT BOOK 54, PAGE 8, METES 1 AND BOUNDS PROPERTY. BEING THE SAME PREMISES I This ad ran on the date(s) shown below: 10/19/14 10/26/14 11/02/14 d subscribed before me this 17 day of November, 2014 A.D. 41116, N.tary P •Iic COMMONW ALTH OF j NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASS• 1 10N OF '0 P NNSYLV NIA