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HomeMy WebLinkAbout02-0855MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. DWAYNE N. MCMILLEN 415 Second Street Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. DWAYNE N. MCMILLEN 415 Second Street Enola, PA 17025 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CIO Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. DWAYNE N. MCMILLEN 415 Second Street Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject to this action and nominee for Homeside Lending, Inc., which is the owner of the entire beneficial interest in the Mortgage, with an address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, DWAYNE N. MCMILLEN, is an adult individual whose last known address is 415 SECOND STREET, ENOLA, PENNSYLVANIA 17025. 3. On or about, November 21, 2000, the said Defendant executed and delivered a Mortgage Note in the sum of $50,363.00 payable to NORTH AMERICAN MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Mortgage Electronic Registration Systems, Inc. and was sent for recording. Said Mortgage and Assignment are incorporated herein. A copy of the Mortgage is attached hereto and marked as Exhibit "B". 5. The land subject to the Mortgage is: 415 SECOND STREET, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on October 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $11.31 per day From 09/01/2001 To 03/01/2002 ( based on contract rate of 8.2500%) Accumulated Late Charges Late Charges $18.98 From 10/01/2001 to 03/01/2002 Escrow Balance (Deficit) Attorney's Fee at 5% of Principal Balance TOTAL $50,057.25 $2,047.11 $72.18 $94.90 $499.91 $2,502.86 $55,274.21 "Together with interest at the per diem rate noted above after March 01, 2002 and other charges and costs to date of Sheriff's Sale. 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 purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.2500% ($11.31 per diem), together with other charges and costs including escrow advances incidental thereto to t to of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURC & HALLE Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Hs153760.tif (1696x2200x2 titt) L4J . . NFMS A10 is, 4375115-583 r Multistate t;,,,9 ES F .. TRUE & CERTIFIED COPY .:... NOTE BY F$ .441-6407809-748 NOVEMBER 21, 2000 [Date) 415 SECOND STREET, WEST FAIRVIEW. PA 17025 [Property Addrewl 1. PARTIES "Borrowers means each person signing at the end of this Note, and the person's successors and assigns. 'Lender" means NORTH AMERICAN MORTGAGE COMPANY and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender. Borrower promises to pay the principal sum of FIFTY THOUSAND THREE HUNDRED SIXTY THREE AND 00/100 Dollars (U.S. S 50.353.00 ). Plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursementof the loan proceeds by Lender, at the rate of EIGHT AND 25 / 100 percent ( 8.250 %) peryear until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED e Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the some date as this Note and called the 'Security Instrument.' The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shalt make a payment of principal and interest to Lander on the first day of each month beginning on JANUARY 01 . 2001 •Anyprincipal andinterest remaining onthefirst dayof DECEMBER 2030 , will bedueon thatdate, which iscalled the •MaturityDate.' ' (B) Place Payment shall be made at 3883 AIRWAY DR i VE , SANTA ROSA, CA 85403 writing by notice to Borrower, mat such place as Lander may designate in (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. S 378 , 37 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a On of this Note. [Check applicable box] M Graduated Payment Allonge [D (crowing Equity Aflonge C] Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the rembinder of the month to the extent required by Lender and permitted by regulations of the Secretary, If FHA Multistate Fixed Rate Note - IV95 (CL-1R two it pigs I of 2 VMP MORTGAGE FORMS - C11001921-72111 01M / J 1 FXHI61-T,{n 14 Hs153760.tit (1696x2200x2 titt) L5I Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to these changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the and of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.0 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may. e=qA as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all aexrrred interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costa and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' tees for enforcing this Note to the extent not prohibited by applicable law. Such fees and casts shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS e Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Preamtment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor' means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first clan mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender tamer this Note will be given by first claw mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one parson signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the 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 theme 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. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. Y SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Notes (Seal) (Seal) BWAVNE W. MCMILLEN -Borrower -Borrower _ (Seal) (Seal) -Borrower -Borrower (Seal) ' -Borrower IS%-Mseou (Seal) _ -Borrower hp 2 "e? _ (Seat) Borrower _ (Seal) -Borrower Hs153760.tit (1696x2200x2 titt) l71 c.. ayU C ?? COPY WHEN RECORDED MAIL TO; NORTH AMERICAN MORTGAGE COMPANY P.O. BOX 808031 PETALUMA, CA 94975-8031 Parcel Number. FINAL REVIEW AU 052 (Space Above This Line For Recording Data] Commonwealth of Pennsylvania MORTGAGE RM can NO. MFPA A10 441-5407303-748 4376116-683 THIS MORTGAGE ("Security Instrument") is given on NOVEMBER 21ST. 2000 TheMortgagoris DWAYNE N. MCMILLEN ("Borrower"). This Security Instrument is given to NORTH AMERICAN MORTGAGE C6MPANY which is organized and existing under the laws of DELAWARE and whose address is 3883 AIRWAY DRIVE, SANTA ROSA, CA 95403 ("Lender"). Borrower owes Lender the principal sum of FIFTY THOUSAND THREE HUNDRED SIXTY THREE AND 00/100 " Dollars (U.S. S 50 , 363.00 )• This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on DECEMBER 01, 2030 . This Security Instrument sac.•ures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other. sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security FHA Pennsylvania Mortgage - 4196 (00-4R(PA) (9912) VMP MORTGAGE FORMS I8001521.72p') I't1`i (p(?tU,NI INIII?IIINNIIIIII?IiIIINB Pip 1 e1 B IMt{dL ?1? M ??? IIINII I ? Hs153760.tit (1696x2200x2 tiff) L81 Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property located in CUMBERLAND County, Pennsylvania: THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF. which has the address of 415 SECOND STREET, WEST FA 1 RV I EW Pennsylvania 17025 Imp cow ("Property Address"); !Street. City). TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT'combines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows. UNIPORMCOVENANTS. L Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and hol any late charges, a sum for (a) taxes and special assessments levied or to he levied against the Property, (b) leased payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4 . I n any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is -4R(PA) lea m hN 2 of 8 Initlda: Hs153760.tit (1696x2200x2 tiff) l9J held by the Secretary, in a reasonable amountto bedetermined by the Secretary. Except forthe monthly charge by theSecretary, these items we called 'Eacrow Items' and thesumspaid toLender am called "Escrow Funds." Lander may, at anytime, collect and hold amounts for Escrow Items in an aggregateamoum not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974,12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CPR Part 3500, as they may be amended from time to time ("RESPA'), kept that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amountaduefor the mortgageinsuraoce premium, If the amourntsbeld by Lender for Escrow Items exceed theamounts permitted to be held by RESPA. Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Bscrow Items when due, Lender may notify the Borrower and require Borrower to make upthe shortageas permittedby RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenors to Lender the full payment of all such sums. Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any exce4unds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's accountshall be credited with any balance remaining foroll ins tallmentsforiteme (a), (b), and (c). 3. Applicationof Payments. Allpaymentstnderparagraphs I and 2ahali beappliedbyLanderasfoliows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgageinsurancepremium; Second, to any taus, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, tointereaduaunder theNote; Fourth, toamortizationofthepdrAcipad of theNowand Fifth, to latecharges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintainedin the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently orated, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The irnaltt eartce policies and any renewals shall be held by Lender and shall payable clauses in favor of, and in a form aeooepRSbte to, Leader. include as In the event of lass, Borrower shall give Lender immediate notice by R. Lender may make proof of doss if not made promprtly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such toes directly to Lender, instead of to Borrower and to hander jointly. All or any part of the insurance proceeds maybe spplied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the ardor in paragraph 3, and than to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shaU not extend or postpone the due dateof the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over on amount required to pay all outstandingindebtednessunder the Noteand this Security lnstrumentsball be paid to theentity legally entitledther-ow. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchseer. CL-4R(PPJ luau) .... 2 " a IMUNIC A „ Hsi53760.tit (1696x2200x2 tiff) 1101 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this security Instrument (or within sixty days of a later sale or transfer of the Property) and aball continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which arc beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy. damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable inspect action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to Provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrowa>s occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold. Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and feetitleshail not be merged unless Lender agrees to the merger in writing. 0 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, arc hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided shall in paragraph 3. and then to prepayment of principal. Any application of the proceeds to the principal not extend or postponethedueelateof themonthly paymests,whichare referred to in paragraph 2, or change the arnotmt of such payments. Any excess proceeds over en amount required to pay all outstandingindebtedaess under theNotead thieSecurityTastrumentshad bepaid totl?eeatitylega[igentitledthereto. 7. Charges to Borrower sad Protection of Lender's Rights is the Property. Borrower shall pay all governmen tal or municipal charges, firms and impositions that are not included in paragraph 2. Borrower shall Pay these obligations on ti me directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these psyments. If Borrower fails to mate these payments or the payments required by paragraph 2. or fails to perform any other covenants and agreements contained in this Security Instrument, or theca is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property. including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph s}all become an additional debt of Borrower and be secured by this Security Instrument. These amountashall bear interest from the date of disbursement, at theNote rate, and at the optionof Lender, shalt be immediately due and payable. Borrower shell promptly discharge any lien which has priority over this Security Instrument unless Borrower, (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a Gen which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lies. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 434-4RIPAi tooi:l hF 4 M o hitlals: Hs153760.tif (1696x2200x2 tiff) i11J 8. Fees. Lender way collectfamandchargesauthorized by the& cretary. 9. Grounds for Acceleration of Debt. (a) Default. Lander may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate paymentin full of all sums secured by this Security Instrumentif: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of theOarn-St. Germain Depository Institutions Act of 1982,1 .S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrumentif. (i) All or part property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser, or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender doers not waive its rights with respect to subsequenteventa. (d) Regulations of HUD Secretary. In malty circumstances regulations issued by the Secretary will limit lendees rights, in the ease of payment defaults, to require immediate payment in full and foreclose if not paid This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof. Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithatandingthe foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure topay an amount due under the Note or this Security Instrument.This right applies even after foreclosure proceedings are instituted.To reinstate the Security Instrument,Borrowex shall tender in a lump sum all amounts required to bring Borrower's account currant including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lander is not required to permit reinstatement if. U) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future:, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbeamuce By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrowers successor in interest. Lender shall not be required to commence proceedings against any successor in interest or (M-4R(PA) loos MN t ?e • Initidt; 1144 Hs153760.tif (1696x2200x2 tiff) L121 .::::. . refuse to extend time for payment or otherwise mollify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any rightorremedy. 12 Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrumentsball bind and benefit thesuccessors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be,joiat and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument, and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations withregard to theterrnsof this SecurityInstrumentor the Notewithout thatBorrowees consent. 13. Notices. Any notice to Borrower provided for in this Security Instrumentshall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated Herein or any address bender designates by notice to Harrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower ear Leader when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrumentshatl be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrumentor theNoteconflicts vtith applicable law,suehconflictshall not affectothe•provisons of th isSecurity Instrumentor the Note which can he given effectwithout the conflicting provision. To thisenld the provisions of thisSecurity Instrumentand the Note aredechoDd to beseverable. 15. Borrowers Copy. Borrower'shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preyeding two sentences shall not apply to the presence. use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lander written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in thisperagraph 16, "Environmental Law' mcmfederal laws and laws of the jurisdiction wherethePropertyis located thatrelateto health. safetyor environmental protection. NON-UNIFORMCOVENANTS. BorrowerandLender furthercovenantandagmeasfollows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Leander or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Under's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trusteefor the benefit of Lender and Borrower. This gnment of rents constitutes an absolute assignment and not an assignment for additional security only. 1'OL-4RIPA) cools tiM ? ?e ? Initl"1?; HS153760.tit (1696x2200x2 titt) L13J M2PA If Leaf gives notico of breach to Borrower (s} all rents received by Borrower shall be held b Borrower as trustee for t of Lendnly, tity htstrumeat; (b) Lender shall be eatid oct and rove atenant of the Property "I pay all rents dWd to nor to the tenant Borrhas not executed any prior aealgnment of the rents and has act and will not perform any act that would preventI.enderfro m exerasing itarighta wndarthispasagnph 17. Lender shall not be required to enter upon. take control of err maintain the Property before or after giving notice of breach to Borrower. However, header ors judicially appanted receiver may do so at any time there is a breach. Any application of recta shell not clue or waive any default or invalidate any other right or remedy of Lender. Ilia assignment ofrentaofthepropertysballterminatewhenthedebtsecuredbytheSecuritylnstrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in thisparagraph 18, including, but not limitedto, attorneysfeesandcostsoftitleevidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Seeaetary, requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power or sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act') (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise availableto a Lender under this Paragraph I8 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estateconveyed shall terminateand become void. After such occurrence, Lender shall discharge this Security Instrumentwithoutcharge to Borrower. Borrowershall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defectsin proceedings to enforce this Security Instrument, and hereby waives the benefit of &*y present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's ti me to reinstate provided in paragraph 10 shall extend to one hour prior to thecommencement of bidding ata sherifrasale or other sale pursuant to this Security Instrument. 21 Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire ti tleto the Property, this; Security Instrumentshall bea purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and out amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Securit Instrument.[Checkapplicableboxe)). Condominium Rider Growing Equity Rider Other ;pecifyl B Planned Unit Development Rider Graduated Payment Rider tML-4R(PA) I?H31 MN 7 • Initlalt HB153760.tit (1696x2200x2 tit'f) i14J BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this securi and in any rider(s) executed by Bor wer and recorded with it tp Instrument Witaeases: `We"0 (seal) DWAYNE N. MCMILLEN -Borrower (Seal) -Harrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Harrower Borrower Certificate of Residence I' ? 7 r'.rn r that the correct address of the Within-narited Latch is . do hereby certify 3883 AIRWAY DRIVE, SANTA ROSA, CA 95403 Witness my hand this o2 dsy of Pr7(J ems aCco COMMONWEALTH O PENNSYLV A$M CUMBERLAND Aran i.y sr Count y sr On this, the a1s,? dap of A)&-E) zLaaL pergottauy appeared before me, the undersigned officer. DWAYNE N. MCMIILEN In whose name known to me (or satisfactorily proven) to the subscribed to the within instrument and acknowledged that executed the same for the purposes herein oontsined IN WITNESS WHEREOF, I hereunto set my hand and official seal. my Commission Expires: n _ -4AIPA) neTm Title or Officer tin e.r a "??? :IilyF fallts?.AkireryPa6lk i a.c.?rtw, l rncrt ' L?auny, PA ?? n,ysKm E•ntr?:s Arr. Y.t.s?:02 tfS1b3/bu.t1t (1696X220OX2 tiff) L22J c.__: Commitment Number. HUD60817 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: EXHIBIT "A" 415 SECOND STREET EAST PENNSBORO TOWNSHIP CUMBERLAND COUNTY, PA Tax Map No. 45-17-1044-069 ALL THOSE TWO CERTAIN pieces or parent of land shuste in the Borough West Fairview, Nk/a Township of East Peonsboro, Cumberland County, Pcrosylvattia, bountled and described as follows, to wit: TRACT NO I• , BEGINNING of a point on the Eastern line of Second Street, formerly called Main Street, at the Northern line of Lot No. 3 on the hereinafter mentioned Plan of Lou; thence Eastwardly along the Northern line of Lot No. 3, one hundred sixty-two (163) feet two (2) inches to a point on the Western line of High Street; thence Northwardly along the Western line of High Street, fitly (50) feet to a pohn in the Soinhem line or Lot No. 5; thence Westwardly along the Southern lint of Lot No. 5, one hundred sixty-six and one-half (1661:,) feet to a point in the Eastern line of Second Street; thence Southwardly along the eastern line of Second Street, fifty (50) feet to a point, the place of BEGINNING. BEING Lot No. 4 in die Plan of May's Addition to West Fairview. HAYING THEREON ERECTED a two and one-half story frame dwelling known as No. 415 Second Street, West Fairview. Pennsylvania. TRACT NO. 2: BEGINNING at a point on the Eastern line of Second Street at the Northern line of Lot No. 4 on the hereinafter mentioned Plan of Lots; thence Eastwardly along the Northern Line of Lox No. 4, seventy-five (75) feet to a point: thence Northwardly, parallel with Second Street, fifty (50) feet to a point is We Southern line of Lot No. 6; them= Westwardly along the Southcm line of Lot No. 6, seventy-five (75) futx to a point on the Eastern line of Second Street; thence Southwardly along the Eastern line of Second 'Street. fifty (50) feet to a point, the place of BEGINNING. BEING the Western seventy-five (75) feet of Lot No. 5 on the Pion of May's Addition to West Fairview. ALTA Comnihnte i Seteduk C EX H t31711cl, VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., through Homeside Lending, Inc., holder of the entire beneficial interest in the Mortgage. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: February 18, 2002 eon P. Haller, Esquire vJ ` ? _ J _? _i SHERIFF'S RETURN - REGULAR CASE NO: 2002-00855 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS MCMILLEN DWAYNE N DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE MCMILLEN DWAYNE N the DEFENDANT , at 1745:00 HOURS, on the 21st day of February , 2002 at 415 SECOND STREET ENLOA, PA 17025 by handing to DWAYNE N. MCMILLEN a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this IA-4- day of ~}til [ue L ??)lyt? ?Z? A.D. Prothonotary' So Answers: R. Thomas Kline 02/22/2002 PURCELL KRUG HALLERR By: Q'I ?kJi?no?_ Deputy Sheriff was served upon MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CIO Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff vs. DWAYNE N. MCMILLEN 415 Second Street Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE P&r Clio tt TRUE COPY FROM RE RD In Testimony whereof, I here unto set my hand of said C Carlisle. Pa. and the sea Th 910A - Y THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO C A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 w MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE VS. DWAYNE N. MCMILLEN 415 Second Street Enola, PA 17025 Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff vs. DWAYNE N. MCMILLEN 415 Second Street Enola, PA 17025 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject to this action and nominee for Homeside Lending, Inc., which is the owner of the entire beneficial interest in the Mortgage, with an address of 8120 NATIONS WAY, BUILDING 100, JACKSONVILLE, FLORIDA 32256. 2. Defendant, DWAYNE N. MCMILLEN, is an adult individual whose last known address is 415 SECOND STREET, ENOLA, PENNSYLVANIA 17025. 3. On or about, November 21, 2000, the said Defendant executed and delivered a Mortgage Note in the sum of $50,363.00 payable to NORTH AMERICAN MORTGAGE COMPANY, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Mortgage Electronic Registration Systems, Inc. and was sent for recording. Said Mortgage and Assignment are incorporated herein. A copy of the Mortgage is attached hereto and marked as Exhibit "B". 5. The land subject to the Mortgage is: 415 SECOND STREET, ENOLA, PENNSYLVANIA 17025 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on October 01, 2001 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $11.31 per day From 09/01/2001 To 03/01/2002 (based on contract rate of 8.2500%) Accumulated Late Charges Late Charges $18.98 From 10/01/2001 to 03/01/2002 Escrow Balance (Deficit) Attorney's Fee at 5% of Principal Balance TOTAL $50,057.25 $2,047.11 $72.18 $94.90 $499.91 $2,502.86 $55,274.21 "Together with interest at the per diem rate noted above after March 01, 2002 and other charges and costs to date of Sheriff's Sale. 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 purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 8.2500% ($11.31 per diem), together with other charges and costs including escrow advances incidental thereto tot to of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURC L, & HALLE Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) Hs153760.tit (1696x2200x2 titt) 14J NFMS A10 4375115-883 Multistate TRUE & CERTIFIED COPY •NOTE BY FNOVEMBER 21, 2000 [Date] 415 SECOND STREET, WEST FAIRVIEW. PA 17025 [Property Addmul 1. PARTIES means Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" NORTH AMERICAN MORTGAGE COMPANY and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender. Borrower promises to pay the principal sum of FIFTY THOUSAND THREE HUNDRED SIXTY THREE AND 001100 Dollars (U.S. S 50,363.00 ). Plus interest to the order of Lender. Interest will be char principal, from the date of disbursement of the loan l1on unpaid ant { Proceeds by Lender, at the rate of EIGHT AND 25/100 8.250 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED • Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall males payment of principal and interest to Lender on the first day of each month beginning on JANUARY O1 . 2001 Any principal and interest remaining on the first day of DECEMBER 2030 , will be due on that date, which is called the "Maturity Date." ' (B) Place Payment shall be made at 3883 AIRWAY DRIVE, SANTA ROSA, CA 95403 writing bynotice toBorrower. or at such place as Lender may designate in (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 378.37 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for paymentadjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] 0 Graduated Payment Allonge Q Growing Equity Allonge Q Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If FHA Maltittate Fixed Rate Note - 19195 -1R taso n VMP MORTGAGE FORMS • 98001321.7297 / j P.m. 1.# 2 101041W 1111111111111111111111 Full lal I ?1*n Hsi53760.tit (1696x2200x2 titt) L5I Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.0 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, than Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or bar designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such foes and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS • Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. & GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS 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. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. Y SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. (Seal) (Seal) DWAVNE W. MCMILLEN -Borrower -Borrower - (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower ( -1nr•w+i (Seat) -Borrower -Borrower (Seal) Pap 2 of Z -Borrower Hs153760.tit (1696x2200x2 titt) L71 WHEN RECORDED MAIL TO; NORTH AMERICAN MORTGAGE COMPANY P.O. BOX 808031 PETALUMA, CA 94975-8031 Parcel Number. FINAL REVIEW AU 052 BYE C TtF1E OPY [Space Above This Line For Recording Data] Commonwealth of Pennsylvania MORTGAGE FHA Came No. MFPA A10 441-8407303-748 4376115-603 THIS MORTGAGE ("Security Instrument") is given on NOVEMBER 21ST. 2000 The Mortgagor is DWAYNE N. MCM I L LEN ("Borrower"). This Security Instrument is given to NORTH AMERICAN MORTGAGE CdMPANY which is organized and existing under the laws of DELAWARE , and whose address is 3883 AIRWAY DRIVE, SANTA ROSA, CA 95403 ' ("Lender"). Borrower owes Lender the principal sum of FIFTY THOUSAND THREE HUNDRED SIXTY THREE AND 00/100 ` Dollars (U•S•S 50,3B3.DD )• This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on DECEMBER 01, 2D30 . This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security FHA Pepnsylvanis Mortgage - 4196 P®e MP?MORTGAGE FOAMS - I8001521- I??II?III??I?II ?IIf lll?l?ll?lll? Ilillllllll ll 111111111 Jill 811 r_X 0 10,E r itA// Hs153760.tit (1696x2200x2 titt) 181 Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property located in CUMBERLAND County, Pennsylvania THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF. which has the address of 415 SECOND STREET, WEST FA I RV I EW Pennsylvania [Street, City]. 17025 [Zip Codel ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed nd has th right to mortgage, grant and convey the Property and that the Property is unencumbered, aexcept foe r encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT'eombines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debtevidenced by theNoteand latecharges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums forinsurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either. (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is M -4RlPA1 taaut Hsi53760.tit (1696x2200x2 titt) L91 held by the Secretary, in a reasonable amount to bedetermined by the Secretary. Except for the monthly charge by theSecretary, these item are called "Escrow Items' and themmspaid to Lender are called "Fmow Funds." Lender may, at anytime, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974,12 U.S.C. Section 2601 et seq, and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgageinsuranoc premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up theshortagetspermittedby RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund arly excess f unds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's accountshall be credited with any balance remaining for all installmentsforitems (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2shall beappliedbyLender asfollows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgageinsurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third. to interest due under the Note; Fourth, toamortizationoftheprlncipal of the Note;and Fifth, tolatecharges due under theNote, 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintainediin the amounts and for the periods that Lender requires, Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payabieclauses in favor of, and in a form acceptsbleto, Lender. In theevent of loss, Borrower shall give Lender immediate noticeby mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b)* the restoration en repair of the damaged Property, My application of theproexeds to the prncipal shall not extend or postporetLe duedateof the monthlypayments which arereferred to in paragraph 2, or charge the amount of such payments Any excess insurance proceeds aver an amount required top I y ale re tstandingiadebtednessunder theNouandthisSecurity Instrumeatahall bepaid to theenti ty l y entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. e%-4R(Pltl Itt12) MN 3 .. t IMtirla: Hs153760.tit (1696x2200x2 titt) 110J S. Occupancy. Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrowers control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable war and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to theProperty, the leasehold and feetitleshall notbe merged unlessLender agrees tothe merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note end this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which arc referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstandingindebtedness undertheNoteand this Security Instrumentshall bepaid totheentitylegally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Leader's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at theNote rate, and at the option of Leader, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions setforth above within 10 daysof thegiving of notice. Cj -4AIPA1 (oota hp s •f • Inltlale Hs153760.tit (1696x2200x2 titt) L11J 8. Fees. Lender may callectfeesandchargesauthorized by theSecretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument it. (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of theGarn-St. Germain Depository Institutions Act of 1982,12 U.S.C.1701k3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrumentif. (i ) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permittedby regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwith rtandingthe foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary, 10. Reinstatement. Borrower has & right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Noteor this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument.Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they arc obl igations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by (.ender to any successor in interest of Borrower shall not operate to release the liability of theoriginal Borrower or Borrower's successor in interest. Lender shall not be requited to commence proceedings against any successor in interest or tll„j -MPAl isP121 .•n 0 of 9 Inifblc Hs153760.tit (1696x2200x2 titt) (12J refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any rightor remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co Signers. The covenants and agreements of 11 isSocurity Inatrumentshall bind and benefitthesuccessors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Now. (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument, and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations withregard to thetermsof this Security Instrumentor the Note without thatBorrower sconsent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severn bility. This Security Instrument shall be governed by Federal law and the law of the jurisdiction to which the Property is located. In the event that any provision or clause of this Security Instrumentor the Note conflicts with applicable law, such conflict shall not affectother provisions of thisSecurity Instrumentor the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrumentand the Note are declared to beseverable. 15. Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The pnageding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that am generally recognizedto be appropriateto normal residential usesand to maintenance of theProperty. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health. safetyor environmental protection. NON-UNIFORMCOVENANTS. BorrowerandLender furtbercovenantandagtneasfollows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. Thia•assigsunent of rents constitutes an absolute assignment and not an assignment for additional security only. Ck-4111IPA) tonal Pape • •e • Initlela: Hsl53760.tif (1696x2200x2 tiff) L13] . .r .eras M2PA If Lender gives notice of breach to Borrower (a) all rents received by Borrowar shall be told b Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and raxive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender awn iten demand to the tenant Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent der from exerciffing itsrighta under this paragraph 17. Lender shall not "-red to enter, upon, lake contra! of or maintain the Property before or after giving notice of breach to Borrowor. However, Lender or a judicially appointed receiver in ay do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment otrentsofthe Property shall terminatewhen thedebtsecured by theSecuritylnstrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect allexpenses incurred in pursuing the remedies provided in thisparagraph 18, including, but not limitedto, attorneys' fees and costs of titleevidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secaetary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Pamily Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise availableto a Lender under this Paragraph 18 or applicable law. 19. Release, Upon payment of all some secured by this Security Instrument, this Security Instrument and the estateconveyed shall terminate and become void. After such occurrence, Lender shall discharge this Security Instrument withoutcharge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defectsin proceedings to enforce this Security Instrument, and hereby waives the benefit of apy present or future laws providing for may of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding ata sheriff'ssale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrumettshall bea purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders am executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrumentas if therider(s) were a part of thisSecurit_ppInstrument. [Check applicable box(es)]. Condominium Rider Growing Bquity Rider 0 other pecityl R Planned Unit Development Rider B Graduated Payment Rider 4TH ('?-4RIPA) 109123 ?q. 7 .r s Inltl"Ic .4& Hs153760.tit (1696x2200x2 tiff) L14J BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Born wer and recorded with it. Witnesses . (Seat) DWAYNE N. MCM I L L EN -Borrower (sew) -Borrower _ (Seat) -Borrower (Sat) -Borrower -se (sae) (Seal) (Seat) -Borrower -Borrower Certificate of Residence that the correct address of the within-named der is . do hereby certify 3883 AIRWAY DRIVE, SANTA ROSA. CA 06405 Witness my hand this o 1 day of IVDV er ber . ax COMMONWEALTH O PENNSYLVA?M CUMBERLAND Agent u ?? On this, the 021.1-( day of N County ss personally appeared ??' before me, the undersigned officer, DWAYNE N. MCMILLEN known to me (or satisfactorily Proven) to the Person whose name subscribed to the within instrument and acknowledged that executed the same for the purposes herein contained. IN WITI4ESS WHEREOF, I hereunto set my hand and official ,n 1. A A My Commission Expires 41ML-4AIPAi soma ft"•ora (Seat) -Borrower e Title of Cffioer a.u. 610 I RSA NataryPubte 1 a+.cialut, lan star Cwal . PA ^'+) Sid ?Rry'liNYl Vq*n5 Aps. rJ. 2a n hS1b.3/bu.t1t (1696X2200X2 titt) L221 Commitment Number. HUD60817 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: EXHIBIT "A" 415 SECOND STREET EAST PENNSBORO TOWNSHIP CUMBERLAND COUNTY, PA Tax Map No. 45-17-1044-069 ALL THOSE TWO CERTAIN pieces or parcel of tard situate in tin Borough West Fairview, Nk/a Township of East Pennsborn, Cwuberland County, Penusylvania, bounded and described as follows, to wit: TRACT NO, l- BEGINNING at a point on the Eastern line of second Street, formerly called Main Street, at the Northern line of Lot No. 3 on the hereinafter mentioned Plan of Lou; therm Eastwardly along die Northern line of Lot No. 3, one hundred sixty-two (163) feet two (2) inches to a point on the Western line of high Street; thence Nunhwardiy along the Western line of High Street, tiny (50) feet w at point in the Southern lisle of Lot No. 5; thence Westwardly along the Southern line of Lot No. 5, one hundred sixty-six and uue-half (1664i) feet to a point in the Eastern line of Second Street; thence Southwardly along the Eastern line of Second Street, fifty (50) feet to a point, the place of BEGINNING. BEING Lot No. 4 in the Plan of May's Addition to West Fairview. HAVING THEREON ERECTED a two and one-half story frumc dwelling known as No, 415 Second Street, West Fairview, Pennsylvania. TRACT NO 2• BEGINNING at a point on the Eastern line of Second Street at tie Northern lire of Lot No. 4 on die hereinafter mentioned Plan of Lots; thence Eastwardly along the Northern line of Lot No. 4, scvcuty-five (75) feet to a point; thence Nonhwardly, parallel with Second Street, fifty (50) feet to a point in Ilne Southern line of Lot No. 6; thence Westwardly along the Southern line of Lot No. 6, seventy-five (75) feet to a point on to Eastern line of Second Street; thence Southwardly along the Eastern line of Second-Street, fifty (50) feet to a Point, the place of BEGINNING. BEING the Western seventy-five (75) feet of Lot No. 5 on tire Plan of May's Addition to West Fairview ALTA Coumiitnenh Seleduk C 1:?7 u ?_a (?, 17 11 /r1 I I VERIFICATION I, Leon P. Haller, Esquire, hereby swear and affirm that the facts contained in the foregoing COMPLAINT for the Mortgage Foreclosure are true and correct to the best of my knowledge, information, and belief based upon information provided by Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., through Homeside Lending, Inc., holder of the entire beneficial interest in the Mortgage. Said facts contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: February 18, 2002 n AP.HaIller, Esquire SERVE SERVE Ez c MORTGAGE ELECTRONIC IN THE COURT OF COMMON PLEAS REGISTRATION SYSTEMS, INC. C/O CUMBERLAND COUNTY, PENNSYLVANIA HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 CIVIL ACTION - LAW JACKSONVILLE, FL 32256 NO. 2002 855 CIVIL PLAINTIFF VS. DWAYNE N. McMILLEN IN MORTGAGE FORECLOSURE 415 SECOND STREET ENOLA, PA 17025 DEFENDANT P R A E C I P E TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT "in rem" in favor of the Plaintiff and against Defendants DWAYNE N. McMILLEN for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid principal balance $50,057.25 Interest $ 2,047.11 (Per diem of $11.31 from 9/1/01 to 3/1/02) Accumulated late charges $ 72,18 Late charges $ 94.90 ($18.98 per month to 3/02) Escrow Deficit $ 499.91 5% Attorney's Commission $ 2,502.86 TOTAL $55,274.21** ** Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HALLER By c Li Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 K:\M K F000S\CUM BE RLA\MCMI LLEN. P MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF VS. DWAYNE N. McMILLEN 415 SECOND STREET ENOLA, PA 17025 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 855 CIVIL IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on MARCH 18, 2002 I served the Ten Day Notice required by Pa. R.C.P. 237.1 on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. Leon P. Haller P I.D. #15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CIO Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff VS. DWAYNE N. MCMILLEN 415 Second Street Enola, PA 17025 Defendant DATE OF THIS NOTICE: March 18, 2002 TO: DWAYNE N. MCMILLEN 415 SECOND STREET WEST FAIRVIEW, PA 17025 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-855 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT 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: LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG-&,Xr ? R By LEON P. HALLER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF VS. DWAYNE N. McMILLEN 415 SECOND STREET ENOLA, PA 17025 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 855 CIVIL IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed : befog e this 9 day : of 2003 o ary Pub is LEON P. HALLER, ESQUIRE NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Aug. 8, 2006 o ??o -?- ? ? p w ?, ?? ?? C7 ?' C? C .. Z`.( _ (,?. ?? r' :.? -_ ?., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 855 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF Vs. DWAYNE N. McMILLEN 415 SECOND STREET ENOLA, PA 17025 DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT $55,274.21 Interest at $11.31 per diem to sale date $ 6,220.50 Late charges at $18.98 per month to sale date $ 322.66 Escrow Deficit $ 2,000.00 TOTAL $63,817.37* *SALE DATE: WEDS.,SEPT. 3, 2003 (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: June 9, 2003 Attorney for Plaintiff ~ 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 415 SECOND STREET, ENOLA, PA 17025. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY G 40 W ? c S b {q ?u .0 w e ? c 2 C cJ % I r s ALL THOSE TWO CERTAIN pieces or parcel of land situate in the Borough West Fairview, mk1a Township of East Peomboro, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1: - BEGINNING at a point on the Eastern line of Second Street, formerly called Main Street, at the Norturn line of Lot No. 3 on the hereinafter mentioned Plan of Lots; thence Fetwardly along the Northern line of Lot No. 3, one hundred sixty-two (162) feet two (2) inclua to a point on the Western Jim of High Street; thence Northwardly along the western line or High Street, fifty (50) feet to a point in the Southern line of Lot No. S; thence Westwardly along the Southern line of Lot No. 5, one hundred sixty-six and onc-lalf (1661A) feet to a point in the Eastern line of Second Street; thence Soulhwardiy along the Eastern Jim of Second Street, fifty (50) feet to a point, the place of BEGINNING. BEING Lot No. 4 in die Plan of May's Addition to West Fairview. HAVING THEREON ERECTED a two and one-half story frame dwelling (mown as No. 415 Second Street, West Fairview, Pennsylvania. TRACT NO. 2: BEGINNING at a point on the Eastern lint of Second Street at the Northern line of Lot No. 4 on the hereinafter mentioned Plan of Lots; thence Eastwerdly along die Northern lire of Lot No. 4, seventy-five (75) feel to a point; dherim Norttwardly, parallel with Second Street, filly (50) feet to a point in the Southern line of Lot No. 6; thence Westwardly along the Southern line of Lot No. 6, seventy-five (75) fm to a point on the Eastern line of Second Street; thence Southwardly along the , r Eastern line of Second Street, fifty (50) IM to a point, the place of BEGINNING BEING the Western seventy-five (75) feet of Lot No. 5 on die Plan of May's Addition to West Fairview.r. PARCEL: 45-17-1044-069 BEING THE SME PREMISES Andrew M. Cuomo, Secretary of Housing and Urban Development by deed dated 11/21/00 and recorded 12/26/00 in Deed Book 238 Page ,680 granted and conveyed unto Dwayne N. McMillen. TO BE SOLD AS THE PROPERTY OF DWAYNE N. MCMILLEN ON JUDGMENT NO. 2002 855. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 855 CIVIL VS. DWAYNE N. McMILLEN IN MORTGAGE FORECLOSURE 415 SECOND STREET ENOLA, PA 17025 DEFENDANT AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 412 2ND STREET, ENOLA, PA 17025: 1. Name and address of the Owner(s) or Reputed Owner(s): Dwayne N. McMillen 415 2nd Street Enola, PA 17025 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Citifinancial, Inc. 1596 Cumberland Street Lebanon, PA 17042 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: TENANTS IF ANY ... Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Dorothy L. Mott, Esquire 114 South Street Harrisburg, PA 17101 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: June 9, 2003 t _l vn ; - ` c -1 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF VS. DWAYNE N. McMILLEN 415 SECOND STREET ENOLA, PA 17025 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL ACTION - LAW . NO. 2002 855 CIVIL IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, SEPTEMBER 3, 2003 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 415 SECOND STREET ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $55,274.21 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: K \MK FDOCS\CUM BERLA\MCM ILLEN. NOS NO. 2002 855 is: THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property DWAYNE N. MCMILLEN A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THOSE TWO CERTAIN pieces or pared of land situate in the Borough West Fairview, nikfa Township of Fist Penasboro. Cumberland County, Pennsylvania, bounded and daaibed as follows, to wtc TRACT NO. 1: BEGINNING at a point on the Eastern line of Second Street, formerly called Main Street, at the Northfin .. line of Lot No. 3 on the heretozher mentioned Pico of Lots; ibmce Eastwardly along the Northern I'mc of lat'No. 3, one hundred sixty-two (162) fed two (2) inches to a point on the Western Jim of High Street; thence Northwardly along the Western It= of High Sucet, fifty (5t1) fed to a point in the Southern lime of Lot No. 5; thence Westwardly along the Southern Jim of Lot No. 5, one hundred sixty-six and one-half (166%) fat to a point in the Easton line of Second Street; thence Southwardly along the Eastern Jim of Second Street, fifty (50) feet to a point, the place of BEGINNING. BEING Lot No. 4 in the Plan of May's Addition to West Fairview. HAVING THEREON ERECTED a two and one-half story frame dwelling known as No. 415 Second Street, Wert Fairview, Pennsylvania. TRACT NO. 2: BEGINNING at a point on the Fasern line of Second Street at the North= line of La No. 4 on the hereinafter mentioned Plan of Lots; Wens Fetwardly along the NoMan It= of Let No. 4, seventy-five (75) fed to a point; thence Nonhwardly, parallel with Second Street, fifty (50) fed to a point in the Southern line of Lot No. 6: thence Watwardly along the Southern line of Lot No. 6, seventy-five (75) fen to a point on the Eastern line of Second Street; thence Sonthwardly along the Eastern line of Second Street, fifty (50) fed to a point, the place of BEGINNING. BEING the Western seveuty-five (75) fed of Lot No. 5 on the Plan of May's Addition to West Fatrviewr PARCEL: 45-17-1044-069 BEING THE SME PREMISES Andrew M. Cuomo, Secretary of Housing and Urban Development by deed dated 11/21/00 and recorded 12/26/00 in Deed Book 238 Page 680 granted and conveyed unto Dwayne N. McMillen. TO BE SOLD AS THE PROPERTY OF DWAYNE N. McMILLEN ON JUDGMENT NO. 2002 855. ?_ c.. ..: -__1 yr 1.. .. -? t J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-855 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/0 HOMESIDE LENDING, INC. Plaintiff (s) From DWAYNE N. McMILLEN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the debt to or fore the) actat: count) of an attacment as been issued; ( the the ef ndant (s) and from deli ering any property of thelde endant shee( is paying any Y (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $55,274.21 L.L. $.50 31 PER DIEM TO SALE D t AT $11 ATE - $6,220.50 - LATE CHARGES AT $18.98 PER . Interes MONTH TO SALE DATE - $322.66 Atty's Comm % Due Prothy $1.00 Other Costs ESCROW DEFICIT $2,000.00 AttyPaid $111.04 Plaintiff Paid Date: JUNE 10, 2003 CURTIS R. LONG Prothono o (Seal) By ///12?+O ??-? Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF VS. DWAYNE N. McMILLEN 415 SECOND STREET ENOLA, PA 17025 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 855 CIVIL IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on June 18,'2003 a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all 1'_enholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: Dwayne N. McMillen 415 2nd Street Enola, PA 17025 Citifinancial, Inc. 1596 Cumberland Street Lebanon, PA 17042 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Dorothy L. Mott, Esquire 114 South Street Harrisburg, PA 17101 Byy -'- PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 JOHN W. PURCELL HOWARD B. KRUG LEON P. HALLER JOHN W. PURCELL JR. BRIAN.]. TYLER JILL M. WINEKA LAW OFFICES PURCELL, KRUG AND H.ALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 171.02-2392 TELEPHONE (717) 234-4178 FORECLOSURE DEPT. FAX (717) 234-1206 (717) 53:J-3836 NOTICE TO: Dwayne N. McMillen 415 2nd Street Enola, PA 17025 Citifinancial, Inc. 1596 Cumberland Street Lebanon, PA 17042 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Dorothy L. Mott, Esquire 114 South Street Harrisburg, PA 17101 JOSEPH NISSLEY (1910-1982) ANTHONY DiSANTO OF COUNSEL HERSHEY 1099 GOVERNOR ROAD NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgagee), judgments or tax liens against the real estate which is the subject. of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you. hold a nst the said real estate will be divested by the sale and. that u ave an opportunity to protect your interest, if anylhy e' notified of said Sheriff's Sale. By: Leon P. Haller PA I.D.15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF VS. DWAYNE N. McMILLEN 415 SECOND STREET ENOLA, PA 17025 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 855 CIVIL IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, SEPTEMBER 3, 2003 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 415 SECOND STREET ENOLA CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $55,274.21 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: K WKRDOCS\CUMBERLAWCMILLEN. NOS NO. 2002 855 THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property is: DWAYNE N. McMILLEN A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THOSE TWO CERTAIN pieta or parcel of land situate in the Borough West Fairview, n/k/a Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO, 1: BEGINNING at a point on the Eastern line of Second Street, formerly called Main Street, at the Nordirn. line of Lot No. 3 on the hereinafter mentioned Plan of Lots; theme Esstwardly Hong the Northern line of Lot No. 3, one hundred sixty-two (162) fen two (2) inehes to a point on the Western Jim of High Succt; thence Northwardly along the Western line of High Streeq fifty (50) fact to a point in the Soulhem iioe of Lot No. 5; thence Westwardly along the Southern line of Lot No. 5, one hundred sixty-six and one-lull (1661/2) feet to a point in the Eastern line of Second Street; the= Southwardly Hong the Pastern line of Second Street. fifty (50) fm to a point, the place of BEGINNING. BEING Lot No. 4 in the Plan of May's Addition to West Fairview HAYING THEREON ERECTED a two and one-half story frame dwelling known as No. 415 Second Sum, West Fairview, Pennsylvania. TRACT NO. 2: BEGINNING at a point on the Eastern Jim of Second Street at the Norther, line of Lot No. 4 on the hereinafter mentioned Plan of Lots; ten= Estwardly along the Northern line of Lot No. 4, seventy-five (75) feet to a point: thence Northwardly, parallel with Second Street, fifty (50) feet to a point in the Southern line of Lot No. 6; thence Westwardly along the Southern line of lat No. 6, seventy-five (75) fret to a point on the Eastern lire of Second Street; thence Southwardly along die Eastern Jim of Second Street, Bfry (50) fm to a point. the place of BEGINNING. BEING the Western sevcnry-five (75) fen of Lot No. 5 on the Plan of May's Addition to West Fairvicwt PARCEL: 45-17-1044-069 BEING THE SME PREMISES Andrew M. Cuomo, Secretary of Housing and Urban Development by deed dated 11/21/00 and recorded 12/26/00 in Deed Book 238 Page 680 granted and conveyed unto Dwayne N. McMillen. TO BE SOLD AS THE PROPERTY OF DWAYNE N. McMILLEN ON JUDGMENT NO. 2002 855. Re: Midland v. McMillen Cumberland 9/3/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Dwayne N. McMillen 415 2nd Street Encla, PA 17025 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller postage: 1719 North Front Street Harrisburg, PA 17102 ??uFtGpq Q One piece of ordinary mail addressed to: Postmark: e Citifinancial, Inc. z 1596 Cumberland Street Lebanon, PA 17042 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Postmark: CES 70A7 ySQ 9 z ? . $ 00.900 SRCi,i M?1lCD ?.P ?_G>UF_ U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 one piece of ordinary mail addressed to: Postmark: Dorothy L. Mott, Esquire 114 South Street Harrisburg, PA 17101 posp? F y $ ®0.90° M?uFDfF r1-ir of 2 n o ?, '- r -t -c i y'i U a --- to -< E3 P, 5 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Midfirst Bank is the grantee the same having been sold to said grantee on the 3rd day of Sept A.D., 2003, under and by virtue of a writ Execution issued on the 10th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 855, at the suit of Mortgage Electronic Reg Systems Inc c/o Homeside Lending Inc against Dwayne N Mcmillen is duly recorded in Sheriff's Deed Book No. 260, Page 194. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of /Y'?- , A.D. 2003 V /Ji of Deeds CMNM, PA a dea 200E Mortgage Electronic Registration Systems, Inc. c/o Homeside Lending Inc. VS Dwayne N. McMillen In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-855 Civil Term Dawn Kell, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2003 at 6:16 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Dwayne N. McMillen, by making known unto Dwayne McMillen personally, at 415 Second Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 16, 2003 at 9:00 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Dwayne N. McMillen located at 415 Second Street, Enola, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Dwayne N. McMillen, by regular mail to his last known address of 415 Second Street, Enola, PA 17025. This letter was mailed under the date of July 07, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 3, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon Haller for Midfirst Bank. It being the highest bid and best price received for the same Midfirst Bank of 999 N.W. Grand Boulevard, Suite 100, Oklahoma City, OK 73118, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,012.39. Sheriffs Costs Docketing $30.00 Poundage 19.85 Posting Bills 30.00 Advertising 30.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 20.70 Levy 30.00 Surcharge 30.00 Law Journal 367.70 Patriot News 319.24 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,012.39 Sworn and subscribed to before me Soo Answers: This 1"1 a- day of OctAl +® ??- "<< R. Thomas Kline, Sheriff 2003, A.D. U-. l ?' }In.AQet, thonotary BY j t c_:?j-?t?Lkj? j Real Estate Deputy 0111 ppl-? 3.1?N 43 ' 3 Real Estate Sale # 53 On June 12, 2003 the sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA known and numbered as 415 Second Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 12, 2003 By: Jb? Real Esta Deputy Vii"' d 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he 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 he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ............................................ COPY Sworn e 13Th day Aol!Aug,ust 03 A.D. REA ESTATE SA E No. 53 Notarial SealWrit No. 2002455 Terry L. Russell, Notary Public CIvllTerm City Of Harrisburg, Dauphin County NOT RY PUBLIC Mortgage Electronic My Commission Expires June 6, 2006 Reglstratlor, Systems, Inc. p? PennsyNartia Association Of Notaries My commission expires June 6, 2006 c/o Homeside Lending, Inc. Vs Dwayne.N. McMillen CUMBERLAND COUNTY SHERIFFS OFFICE Atty.: Von P. Haller [DESCRIPTION CUMBERLAND COUNTY COURTHOUSE ALL THOSE TWO CERTAIN pieces or parcel CARLISLE, PA. 17013 of land situate in the Borough of West Fairview, a/ k/a Township of East Pennsboro, Cumberland County, Pennsylvania, bounded and described as Statement of Advertising Costs follows, to wit: TRACT NO. 1: BEGINNING at a point on the TO THE PATRIOT-NEWS CO., Dr. Eastern line of Second Street, formerly called For publishing the notice or publication attached Main Street, at the Northern line of Lot No. 3 on the hereinafter mentioned Plan of Lots; thence hereto on the above stated dates $ 317.49 Eastwardly along the Northern line of Lot No. 3, Probating same Notary Fee(s) $ 1.75 one hundred sixty-two (162) feet two (2) inches to a point on the Western line of High Street; thence Total $ 319.24 Northwardly along the Western line of High Street, fifty (50) feet to a point in the Southern line of Lot No. 5; thence Westwardly along the publisher's Receipt for Advertising Cost Southern line of Lot No. 5, one hundred sixty-six The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. and one-half (166 J feet to a point in the Eastern line of Lot No. 6, seventy-five (75) feet to a point line of Second Street; hence Southwardly along on the Eastern line of Second Street; thence Southwardly along the Eastern line of second B ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, a the point, the Eastern line place of of Second Street, BEGINNING. fifty (50) feet to Street, fifty (50) feet to a point, the place of By ' BEING Lot No. 4 in ;he Plan of May's Addition BEGINNING. BEING the Western seventy-five to West Fairriew. (75) feet cf Lot No. 5 on the Plan of May's HAVING THEREON erected a two and one-half Addition to West Fairview. story frame dwelling known as No. 415 Second PARCEL: 45-17-1044-069. Street, West Fairview, Pennsylvania. BEING THE SAME PREMISES Andrew M. TRACT NO. 2: BEGINNING at a point on the Cuomo, Sec°etary of Housing and Urban Eastern line of Second Street at the Northern line Development, by deep dated 11/21/00 and of Lot No. 4 on the hereinafter mentioned Plan of recorded 12/26/00 in Deed Book 238 Page 680 Lots; thence Eastwardly along the Northern line granted and conveyed unto Dwayne N. McMillen. of Lot No. 4, seventy-five (75) feet to a point; TO BE SOLD as the property of Dwayne N. thence Northwardly, parallel with Second Street, McMillen on Judgment No. 2002-855. fifty (50) feet to a point in the Southern line of Lot No. 6; thence Westwardly along the Southem 10111111111111111 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that. the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2„ 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 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. REAL ESTATE SALE NO. 53 _ Writ No. 2002-855 Civil Mortgage Electronic Registration Systems, Inc., c/o Homeside Lending, Inc. vs. Dwayne N. McMillen Atty.: Leon P. Haller ALL THOSE TWO CERTAIN pieces or parcel of land situate in the Bor- ough West Fairview, n/k/a Town- ship of East Pennsboro, Cumber- land County, Pennsylvania, bound- ed and described as follows, to wit: TRACT NO. 1: BEGINNING at a point on the Eastern line of Second Street, for- merly called Main Street, at the Northern line of Lot No. 3 on the hereinafter mentioned Plan of Lots: thence Eastwardly along the North- ern line of Lot No. 3, one hundred sixty-two (162) feet two (2) inches to a point on the Western line of High StrOiMf *irMwf Worthwardly Li, a MariECoyne, SWORN TO AND SUBSCRI13ED before me this 1 day of AUGUST, 2003 NOTARK SEAL LOIS E. STMR, Nc9my Rt : ca m, beam cou t My Coc-itAmW iw March 5, -61 along the Western line of High Street, fifty (50) feet to a point in the Southern line of Lot No. 5: thence Westwardly along the South- ern line of Lot No. 5, one hundred sixty-six and one-half (166 1/2) feet to a point in the Eastern line of Sec- ond Street; thence Southwardly along the Eastern line of Second Street, fifty (50) feet to a point, the place of BEGINNING. BEING Lot No. 4 in the Plan of May's Addition to West Fairview. HAVING THEREON ERECTED a two and one-half story frame dwell- ing known as No. 415 Second Street, West Fairview. Pennsylvania. TRACT NO. 2: BEGINNING at a point on the Eastern line of Second Street at the Northern line of Lot No. 4 on the hereinafter mentioned Plan of Lots; thence Estwardly along the North- ern line of Lot No. 4, seventy-five (75) feet to a point: thence North- wardly, parallel with Second Street, fifty (50) feet to a point in the South- ern line of Lot No. 6: thence West- wardly along the Southern line of Lot No. 6, seventy-five (75) feet to a point on the Eastern line of Second Street; thence Southwardly along the Eastern line of Second Street, fifty (50) feet to a point, the place of BEGINNING. BEING the Western seventy-five (75) feet of Lot No. 5 on the Plan of May's Addition to West Fairview. PARCEL: 45-17-1044-069. BEING THE SAME PREMISES Andrew M. Cuomo, Secretary of Housing and Urban Development by deed dated 11/21/00 and recorded 12/26/00 in Deed Book 238 Page 680 granted and conveyed unto Dwayne N. McMillen. TO BE SOLD AS THE PROP- ERTY OF DWAYNE N. McMILLEN ON JUDGMENT NO. 2002 855. 1114-