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HomeMy WebLinkAbout05-2307 McCABE, WEISBERG AND CONWAY, p,c. BY: TERRENCE J. McCABE, ESQUIRE Identification Nnmber 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Mortgage Electronic Registration Systems, Inc. 636 Grand Regency Boulevard P.O. Box 2369 Brandon,FL 33510 v. Scott A. Arnold 207 Market Street New Cumberland, P A J 7070 Attorney for Plaintiff Cumberland County Court of Common Pleas Number ()S; - ,2307 ClUtC CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose moncy or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA TMA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty A venue Carlisle, P A 17013 800-990-9108 A VISO Lc han demandado a usteden Ja corte. Si usted quiere defj derse de estas demandas ex-puestas en las paginas siguientes usted hene veinte (20) dias de plazo a1 partir de 1a fecha de la de anda y la notificacion. Haec faha asentar una comparencia es .rita 0 en persona 0 con un abogado y entregar a 1a corte en fonna escrita sus defensas 0 sus objeciones alas demandas en co tra de su persona. Sea avisado que si usted no se defiende, I corte tomara medidas y puede continuar la demanda en contra s ya sin previa aviso 0 notificacion. Ademas, la corte puede de idir a favor del demandante y requiere que usted cumpla con to as las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades u atros derechas importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL ABOGADO INMEDlATAMENTE. SI USTE TIENE A UN ABOGADO, V A A 0 TELEFONE OFIC1NA EXPUSO ABAJO. EST A OF1C1N LO PUEDE PROPORCIONAR CON INFORMA ION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR P RA EMPLEAR UN ABOGADO, EST AOFICINA PU DE SER CAPAZ DE PROPORCIONARLO ON INFORMACION ACERCA DE LAS AGEN IAS QUE PUEDEN OFRECER LOS SERVIC OS LEGALES A PERSONAS ELEGlBLES EN UN HONORARIO REDUClDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 800-990-9108 &7-.[ McCABE, WEISBERG AND CONWAY, p,c. BY: TERRENCE J, McCABE, ESQUIRE Identification Nnmber 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. 636 Grand Regency Boulevard P.O. Box 2369 Brandon,FL 335\0 Cumberland County Court of Common Pleas v. Scott A. Arnold 207 Market Street New Cumberland, P A 17070 Number CIVIL ACTION/MORTGAGE FORECLOSURE \. Plaintiff is Mortgage Electronic Registration Systems, Inc., a corporation duly organize and doing business at the above captioned address. 2. The Defendant is Scott A. Arnold, who is the mortgagor and real owner of the mort ged property hereinafter described, and his last-known address is 207 Market Street, New Cumberland P A \7070. 3. On 06/09/2003, mortgagor made, executed and delivered a mortgage upon the pren ises hereinafter described to Mortgage Electronic Registration Systems, Inc., as Nominee for Equity One, Inc. its successors, which mortgage is recorded in the Office of the Recorder of Cumberland County in Mort age Book \82\, Page 2807. 4. MERS, is or will be, the owner oflegal title to the mortgage that is the subject of this act on, and nominee for Household Mortgage Funding Corp., III, its successors, which is the owner of the e tire beneficial interest in the mortgage. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit' A" and is known as 207 Market Street, New Cumberland, P A \7070. 6. The mortgage is in default because monthly payments of principal and interest up n said mortgage due 08/15/2004 and each month thereafter are due and unpaid, and by the terms of said mo gage, upon default in such payments for a period of one month, the entire principal balance and all inter st due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: GRAND TOTAL $ 73,452.58 $ 3,784.62 $ 3,672.63 $ 239.04 $ 225.00 $ 125,00 $ 200.00 $ 81,698.87 Principal Balance Interest 07/15/2004 through 03/17/2005 (Plus $ 15.60 per diem thereafter) Attorney's Fee Late Charges Cost of Suit Appraisal Fee Title Search 8. The attorney's fees set forth above are in conformity with the mortgage document and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. f the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work act ally performed. 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. 9403) and n tice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter I , et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular ail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $81,69887, together with interest at the rate of $15.60 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ,/ ~,/" /..../...,_/!~ "'r';..~/ /;'" /,P:;,,/~., .~/'..>_/- ,..;-;+;>-- TERRENCE. cCABE, ESQUIRE Attorney for Plaintiff VERIFICATION The undersigned, Terrence 1. McCabe, Esquire, hereby certifies that he is the Attorn y for the Plaintiff in the within action. and that he is authorized to make this verification and th t the foregoing facts are true and correct to the best of his knowledge, information and belief and fi states that false statements herein are made subject to the penalties of 18 P A.C.S. ;}4904 relat' unsworn falsification to authorities. ~~/~?~~!k Terrence J. c abe '....~ 1.- . . ~-s~rL. crLW Q~s0o\cl, ~. 0'1 '0 t\ 31-\ \ '3 Prepared By: Jefferson P. Kadlec 301 Lippincott Drive Marlton. NJ 08053 Putel Number; , . fI/l--;vo L-f?_ .:.)r:, 9--!R-op : ',;' -. T ~. l!::GLEP. t .tl~'-'["" ",':: DEfD" . "''' "\. "v, _.... ",~,LAN" cou:m-' :3 JUL 8 Al'lll 25 Rerum To: Equity One, Inc. 301 Lippincott Drive, Marlton. NJ 08053 1&~~939 fSpIIf. Abon 'J\b: 1Jzle FIH' Recor~ Daq] MORTGAGE M~ 1000466-000037E272.0 DEFINl1l0NS Wonts used in UD1hlple seaioPa ot mil documea.t &Ie defined below and ower wotd$ art' defiJled in Sections- 3. 11. 13, 18,20 and 2J. Certain I\1.l.tt tegaJdiDg me U$8gc of word.s used in this doc:ument are also provided in Sectfon 16. (A) "Security _".,.,,1' ",..", lhi' dooumem. whicl1 ~ dalecl June 9. 2003 togdher wi1h all Rlden to rbi' document, (Ill "Borrower" is SCOTT A. ARNOlO Bonower is rhe mortgagor uncler tllis Secutity btrumtD1. (C) "MERS" is Mortgage Electronic R.egistratiOD Systems, IDe. MERS is a sepan.~ c.orpomion that is acLing soJely as I nominee for Lender and Lender" succ:cnon and. usigns. MERS .. tbe mortpgee un.der thi$ Stcurlty 1astrumt.Dt. MERS 11 organi:tt;l1Dd exi:ltiDg uader the laws of De1awl1t, an4 has aQ ad""" and <elephone n.-r of P,O.1lox 2026. Flint MI48501-2026, <el. (Sl8) 619-MERS, E843413 PeNNSYLVANIA. Slngll F.mJIy - ~ IbtlfrHdll u.c UNIFORM INSTRUMENT WITH MERI Fonn 303' '101 ~-8ACPAlllnO" ~ II 'OQ'lol'41l1tW06Illl,,,,,,,,,~ VI,IP"OlnGAG"01l1o!S-lfOOlB21.1;11 ~ 8\( 1.8 ~ I :'1: 2 8 0 7 Exhibit A ~ I;J i'Il i'Il Cl\ \J\ {!ll VI \J\ ~ III ~ pi I @ IlO " \J\ I;J " W \J\ ~ (D) "L<oder"i. Equity One, Inc. lender is a Corporation organiU:d and existing \U1der the lawl of Lemler'.......... 30111ppincott Drive, Delaware Marlton, NJ 08053 V1 l: ~ ~ />b I ~ ~ (E) "Note" lI1OaII! the p~'l'.... oip'" by Borro_!Ill! dated June 9, 2003 The Note states that Borrowcrowes Lender Seventy Four Thousand One Hundred Sixty and no/IOO Pollars (U.S. S74 ,160,00 ) plus mtmst. Borrower has promiaed to pay this debt in regular Periodic Pa""","!Ill! 10 pay the debt In full.., 1_ than June 15. 2033 (F) "Property" means lhe property Chat is described })dow under the beading ~Transfer of Rights in the Propeny. . tG> "Loan" means the debt evidenced by the Note, plus interest, my prepllyJJ1eDl charges and late charges due UDder the Note, aDd all rums (tue under this SccPrity lDstnunent. plus iruete$t. (II) "Ridenl'means 111 Riden \0 this smuity lMttumen1.1ba1 are executed by Borrower. ne following Riders are to be CXCC\Hed by Borrower (d1cck: 00'" as applicable]: o Adjuotllble - Rider 8 CoadQlll\niwn Rider 8 Secollll H.me Rider B Balloon Rider Plumed Unil Development Rider 1-4 Family Rider V A Rider Biweekly Payment Rider Other(s) [spccit)'l " V1 W " w ~ (I) "Applicable Law" means all controlling; applicable federal. state apd local lrtatuttS, regulations, ordinances and administrative rules and Qrder$ (that have the effect of law) as: well as all applicable Hna!, non.appealable judicial opiIliom. (J) "CommUDity As&ociadOD Dues. Fees, and Assc:ssment5" .means sll dues. fees, ISSCSsmellts ana other charges tbal are impo&ed on Borrower or the Property by a condominium asaociation, hOlDCOwners woci.atiall Qt $imilu orsacintion. (K) "E1cetr'ODk Fundi Transfer" IDCIl1I any transfer of fuodI. other than a tranSaction o:dginated by cbetk, dmft. or similar paper instrument. which is initiated through an electronic tcnnina1, telephonic instrument, tomp\l'\tt. at ~ tape 10 as 10 ordtt. iNtmc:t, or autborize a fmanciallnsdtudon lO debit or credit an 8a:O\U1l. Such tenn ind\ldes, but is DOt limited to, point-of-sa!e tran.sfen. auramared teller J'WlCbine trwactions, tranlfcn iDit.ia1ed by tdepboue. wire transfers, and automated clcarinChOusc tnMfen. (L) "EIcrow ltaIL'J" mew those items thar are described in Section 3. (M) ''Miscellaneous Proceeds" meam III)' compensaU.OD. sett1c:mr:nt, award of damaga, or proceeds paid b1 any third. party (other than lnIurIDl;;e proeeeda paid \Ulder the coverages described in SectiCIO 5) for; (i) damAae to, or desbuction of, the: Property: (ii) condemnation or ather t.ak:ing of all or any part of the Propeny; (Ui) CODvC)'ance in lieu of condtmaadon: or (iv) mimprtsentations of, or omissiona as to, the valU! andJor condition of the Property . (N) "Mortpll Insurance" mcma insudocc protecting Leader against the nonpayment of. or default aD, the Loan. (0) '"Periodic Payment" 1DCaIlS Ibe regularly sc.bedulcd amount due for (i) principal and intereSt under the Note, plWl (il) any amounts under Section 3 of this Security Ins1:ru:mcnt. E843413 _eAtPA1101Oe.1 ~..JM. ~Fd~3031 1101 "..:l011& s:< I 82 I PG 2 8 08 . .. (P) "RESPA- means the Real Ettatc SeI1lCl'lll:OJ Procedures Act (12 V,S.C. Section 2601 et :leq.) IDd its i.mplcmentiDg rerulatioD. Regulation X (24 C.F.R. Part 35(0). 8$ tbcy migbt be amended from time 10 li.me, or any addftional or suecessor legislation or regulatiOD that jOVCI1l$ the same subject malter. As used in this SecUrity Jnsttumcnt. -RESP A. refers to aU requimDcno and n:striclions that arc impotcd. in ItCard to a "fedtra!ly related mongBic loan" even if the LOan docs DOl qua!jfy as a "federally rCJaI~ mort.ase loan" under RESPA. (Q) -Suced:sor in mtereft or BolTOwer" me8IlS any party that hat !.&ken title to the Property. whether or 1\01 that party has wumed Bo~'s obligatioN under the NOIe and/or this Security lD.sttwncnt. TRANSFER OP RIGHTS IN THE PROPERTY This Security lnstrUmCnl secures 10 LeDder: (i) the repaymcm oithe Loan, and all n:newal,. tAlensions IJld modifiWio1l1 of the Note; mil (ii) the pcrfun:naDtt of Borrower's COVCDBDll and .greemetl1s under Ibis Scc.1rlty lnJUuroeut and the Note. Por tbis purpo&e. Borrower docs hereby morta:.. grant and convey to MERS (solely as nominee for Lender and I.etader', successors and assigns) and to the NXCSlOts and. assi~ of MERS. me following described propertY locared in die COUNTY (T~ Dr Reeol'dJrlllurlsdicdcn) of CUMBERLAND IHlIDeofReconlil'lJlIlit4lctiQn]: SEE EXHIBIT A which cuneotly has the address of 207 MARKET STREET NEW CUMBERLAND ("FropMy Address"): TOGetHER WITH all !be improvements now or hereafter erected on the proJlC'rty. and all easements. appurttnances, and lixtun:l now or bereafter a part of the property, All repl~ts and additions shell also be covered. by this Sc:curi.ly lnstNmtn\, An of the fotq~ i. refcrr-:d to in Ihis See\lril)' Instrwntnt as the ~Propcrty,. knower WldttStand, and agrees that MERS bolds ollly legal title to the Interests grenled by Borrower lD tbi& Security ltUtrwnenl. but. if necessary to comply wilh law or autom, MERS (as nominee for l..endet and Lcndcl',,~ and lS!tlJn$) bas \he right: to exercise any or all of those Inttreits, including, but POllimitccl to, the right to foredQ5C and selllhc Property; IJId to take any action required of Lender including. but DOt limited to, rel.CI$iPj and canceliug this Security Inst:nUDCl1t. \ JJ J E843413 _~, .....AIPAllO:!O'1 "''hl'' fonn 3039 1/01 e"'>l, P....ylvaai. J 7070 [l>IRuJ IZipClllkl 8:( I 8 2 I ~G 2 8 0 9 ffi '" '" ~ In ~ \11 \fI t:' (ll ~ FI I ~ III " \fI W " W flIl I' BORROWER. COVENANTS that Botrow<< is lawfully $C:ised of the eswe hereby con~tytd and bas the right to mongage, gnnt and convey the Property 8Ild that !be Property is u:nencumbered, except for eocumbraneel of record. Borrower warrants and will dtfe:ad gcnenlly the title to the Property against aU claims and demands, subject to any encwnbranccs of record. THIS SECURITY INSTRUMENT combines uni(onn COVCIlIIlts for national U5C anti non-unironn covtnants with Umitcd Variati6Di by jurlsOiction to COllSlitu.\t a uniform security insuumeot covering real propmy. UNlFORM COVENANTS, Borrower and Leudel' covenant and agree a.s follows: 1. Paymfnt ot PriI1dpaJ, 1ntenl5t, Escrow Items, Prepayment CbarlI!$, aod Late Charges. Borrower &hall pay when due the: principal of. and intcrat on. the debt evidenced by lhe Note and any prepayment tharJes and 1m chlries due unc1er the Note. 'Borrower sball also pay l'uDds fOf Escrow Items purllWlt to SectiOP 3. PaymentS due under me Note aDd this Securit)' lnitrumeDl shall be made in U. s. cuneney. However. if any cb.ec:lc: or other iu$trument ttCcived. by Lender u payment under the Nott Of \his Security InJtrwDeDt is returned to Lendel' unpaid. Lctu:!er may require that an)' or all subsequent payments du.e under me Note and Ibil Seauity Instrument be made iJI ODe or more of the (ollow g fontll. u _eO by UoIdeo', (I) ""': (1)) !IlOIlO)' onler; (e) certified obtcl:. lid ~, _", check or cashier's cbd. provided Illy Juch chect is drawn upon an institutiOD wbose deposits arc i.osured by a federall&tDCf, instrumeDlality, or entity; or (4) ElectrQni( fuudI Ttmder. PaymtDts are deemed nlCCived by J..endet wilca. received. 11 the location designated ill tbe Note or at sucb other locatiOD as may be desipated by Lender iD accordance with the notice provisions ill SectioD 1 S. Lender may return my paymml or partial payment if d1c payment or partial PaymcI1ts 1ft insufficient to bring the Loan curreat. Leader may ICCq)t my paymcul or partial payment insufficjent to bring tbe Loan C\UTCDt, widlout waiver of any rigb.t& hcr:cun4.cr or p~ ~ i\S tights to refuse wcil payrn.:nt or partial payments ill the future, but l..c:DdeT is not obligated to apply such pIyPICOlS at the time sucb pay~t5 1ft accepted. If cadi Pmod.ic Payment iI applied as of its scbeduIcd due date, then [.coder need not pay interest on unapplied fundi. Lender may bold such unapplied funds until Borrower makta paynll:Dt to bring the Loan cumut. If Borrower does DOt do $0 within a twODable period of time. Lender shall either apply such fuodt O[ nstUtn tbm!. ta Bonowct. If not qplied ellITlier. such funds will be app\ied to t1w ouutandlng principal balaoce under tile Nott Immediately prior 10 fon:clOM'e. No offset or claim which Borrower might have now at in the furure against Lender sbalJ relieve Borrower from makina: paymMts due under !he Note aod this Security Inslnul1Cflt or performing the covenll1lS and agreenteDlS secwed by lhis Security Instrument. 2. ApplicatiOn ot h)'malU Of Procctds. E&ep\ as Q\hetw;$t dcacribt4 1Il '\his SCClioD 2, aU payments llCCtpled and applied by Leader shall be applied in the followiq ordet of priority: (8) interest due under the Note; (b) prlDcipal due under the Note; (c;) amounl5 due UDder Section 3. Such payments shall be applied to eacb l'crioc1ic: Pa)'JtlCDl in the order in which it became clue. ADy remaining amounts shall be applied first to late charses. socond to any other amounts due under t:hia Security rnlltrument, and thca. to redl,ttt the principii balance of me Note. If Lender receives a paymeat front Borrower fot a deliaqutnt Periodic P8.ymem wbir.h includes a sufficicol amount to pay any late cbarp due, the payment may be applied to the delinquent paymem. and the lafe charge. If more than one Periodic payment Is O1ltstllD.diJlg, Lender may apply any payment received from. Borrower 10 the repaymctU of tbc Pcriodlc Paymenl5 if. and to the extent that, c:ach payment E843413 ~."J1U. _"'llo\~"'\~l ,.. of II Form3039 1101 Vl (;- ~ ~ "" 1 ~ llO " VI (oj " ~ ~ BXI821PG2810 L__ CaD be paid in full To the extent that any excess exists after the pll)'lllent it: applied to \he full payment of one or InOIt Periodic Paynx:nu, pcb excess may be appUcd to any late charCCS dut,. Vol'J.ntU)' prepaymcnu shall be .ppUtd fim to my prepaymeOt charges and then as described in the Note, Any applicatioD of payments. 1ns\1fllU procetds, or Misccll.aDeous Proceeds to princjpaJ due under the Note: shall not extend or postpone the due dale, or tbanae \be amount, of me Periodic Payments. 3. Funds tor Escrow ItemS. Borrower sban pay to Lender on the day Periodic PaytIlr::ms are due under the Nme, untillbe Note is paid in fuJI, a sum (the "Funds") to provide for paymeat of amnun\a due (or: (a) taxes and aaaessmcms and otbcr items wbich CaD attain priority over this Securit)' lostnunelll IS a Iieo or c:ocunthtance an the. Propeny; (b) lusehold paymaus or ground ralt1 OD the Property, jf any; (c) prcmillIJl,S for my and all m.surance n:q,uiKd by Lender under section S; and Cd) Mortgll8e Wurance premiums, if any, or any sums payable by Bonower to I.cOOer il\ lieu of the payment I)f Mongllgc Insurmc:e premiUIDII in ac:cordancc with Ibc: provisions of Section 10. These ilcm$ art called ftEscrow {ten." A\ orlJinllioD or at any time during the term of the Lolll. l.a1der tlJ8y ~uire that Community Association OutS, Fet$, and AuesIUlJCD.18. if any, be escrowed by Borrower, and neb duea, feel eM 1.....f...'l""'tS IhIll be an Escrow Itcn. Borrower shall promptly furnish to LeDder all notices of arDOUDtS to be paid under 1hiI Section. Borrower &ball pay L..e:ndtt the PmIcl:s for Escrow ItemS unless Lender waives Borrower's obliaadoD to pay the FUDdJ fur any or .U EsI:row 1tetDs. Lender may waive Bonower's obliptiOD to pay to Under FW1ds for aDY or all Escrow Iu:ms at my time. Any sutb waiver may only be in writing. In the event of such waiver, Borrower.sba1l pay directly, when and where payable, the ~ due for an}' Escrow 11tm$ for which paymmt of f\mds has bol:n waived by Lender and, jf Lender requires, shall funtisb to LcIukt rccelptl evidcradng, sueb payment within S\ltJl time period IS Lci1der IDay require, Borrower', obligatirm to make sucl1 payme:nts aDd to provide receipts shall for aU purposes be dccntcd to be a covenant and agreement COIIwnr.d iQ rhi.t Security hutro.mmt. as the pbnse .COVClWll ant agreement- is usc4 in Section 9. If Borrower is obtigaled to pay Escrow Items d.ircctly, plU'S\\&nllo ;J. waiver. and Borrowa fails 10 pay the amount due for an Escrl)W Item, Lender may cxcrciU' its righU under Section 9 and pay such amounl and Bom)\vtr .hllltbe:n be obligated UDder Soc:tioo 9 to repay to Lender an)' such arnoum. Lender InI)' revoke the waivt:r as to any or all &crow Items AI any time by a notice given in accordance with section 15 and. upou such teVocaDnn, Bnrmwer mall pay to Lmder all Flmds, and in such amountS, lhat arc then required under tIW Section 3. Leudct may. aI any time, coUca and hold FUDds in an amoun1 (a) svfficlcllt to permit l..a:I~ to apply the: Funds t.1 the time JpeClfu:d UDder RESPA, and (b) DOt to ~cccd the maximum amount a lender can require UDder 1lESP A, Len4tt sbaU tstimate Ibc IJDOUD.I of Fund$ due 00 the basis of cum.:nt data and rcuonable cstiInatea of C%pCZl;l.1itures of fututt Esaow 1'lem5 or oIbcrwl.sc in acoordancc witL Applicable Law, The Funds shaU be held .lD: an institution whose dep<n:its lIe ins.uml by a falual agency, insUumtllta11ty, or entity (iDctuding Lender, if LaJ,det is aa iD.stitution whose deposits ere $a leISUred.) or in my fedenJ. Home wan Bank, Lender shall JPPly lhc fWld. to pay the Escrow l!emS DO latet man 1he time specified under RESPA. Lender shall n01 cbara:e Borrower for holding and applying the: Punou, annually analyzing tbe escrow account, or verifying the Escrow ltt:m$, unIw1.eDdet pays Borrower inteRSl on the Fu.ods and Applicable Law pcrmilS lAnder to make such a cbar&e. Unless an ~'is macle in writing Qf Applicable Law requires mtcRSt to be paid OD the Funds, Lender sbaU bot be [~qlJhed \0 pny Borrower any iMeml 01 earnings on the Fund.. Borrower and Lender can agee in writing, however. that mtcn:st ~ W I\l I\l eo. U1 ~ V1 V1 ~ lj;l (l;l j>Io I ~ llQ " V1 W " ll' pO E843413 ~'A(PA.11I)1o.1 ,......" ,"*JAJ. Fonn 3039 '/IJ' BK I 8 2 I PG 2 8 I I shin be paid on the Fuods. I...cn4e:r sbal1 g.ive to Borrowc', wimw\ ~uJC. an annuallllX:OWlting (If the Pund.< as r<quiltd lry RESPA, If there is a swplu:t (If FUllds beld in CSQ'OW, as defmtd under R.ESPA. Lender shAll account to Bonower for the excess ft.md:t in ICCOJdaDce with RESPA. If there is I shortage (lr Funds belci in escrow, 81 dtfined under RESPA, Lender shall DOtify Borrower III required by RESPA, and Borrower shall pay to Leu.der the amoum neceaury to make up the shortaz,c: in aaxmSancc wilh WPA, btl\ in DO more than 12 monthly pa)'IDCDtI. If there is addiclcocy ofPunda held in escrow,,, defined UDder RESPA, Lender sball notify Borrower as required by RESPA, ancf Borrower shall pay to UDder lbe unoUlU ncccsury to mW:. up I:bedcftdency in accordance with RESPA, but in no more than 12100Dlhly plyment:t. Upon p'~ in full of all S\IlllS _red by Ihia Securily 1Daaumcol, Lender lIIaIl promptly ..fund to Borrower any ~ hdd. by l..c:m1er. 4. Cbaraesj IJens. Barrower abaJl pay all lUCS, assessments, charges, fmes, and impositions attributable to \he Property wbicb can attain prlorlty over thi.s So:urity losttument, I.e.ascb.old paymtn\S or ground rcnts on the Property, if any, and Community Association Dues, Fees, and Asseasmcnu. if any. To the exteI:IlllW these itcm:t are Escrow ItemS, Borrower shall pay them in the manner provided in Section 3. BotTowu sball promptly discharge lilY lien which has priority ovct this Security WtnIment unle.ss Borrower: (8) agrees in wriling 10 the payment of the obligation sec:ured by the lien in . manner acceptable 10 Lender, but only SO long as Borrower is performing sutb agreement; (b) COntcIU the Ucn in aoad faith by, or defends q;ain.n enforcement of the lien in, legal proceedings wlUch in Lender's OpioiOIl operate 10 prevent the enforeemcnt of thc lien while those proceedings are pend..in8, bUt only until sucil proceedings are wntlul1et1; or (t) xcum: trow the 001"= of d1e lItD aD agreement satisfactory 10 Lender subordinating lbe lieD: to dlis SCcwity Jn5tIume:dl. If Lc:ndcr dacrmines 1ha1 &IIy part ot the Property is subj~ 10 a lietl which can attain priority over this Security Iwtrumeu.t, Lender may give Borrowc: II. \\OO.Q: idtmifying the lien. Within 10 days of tM date on wbiclJ that notice is givCD, Bom>wer shall satisfy the lien or take ooc or more of the actlODI set forth above in thi, Section 4. Lendtt may mJWrc Borrower 10 pay . OJ1Cw-time charge for 8 real CSIItt tax verirlCati.on and/or reportiJlg ~ce used by lender in COQIICCOOn with 1hls Loan. ~. ~rty lmunmce. Borrower lhall Gep the imptovemtnts now uistinl 01 beJeafter ereaea OD. the Property insurtd against loss by fire, hazuda included within the term "cnended coverage," and any otbct hazards i.nc1uding, but pOllimi1ed 10, earth~ aDd floodl, for which l.eDder requires imurance. This insurance shall be rnaintainod in the amounu (includinl deductible levels) and for the periods that Lender reqWrcs. What Le:odcr rcquircI pumwu: to the p~iDg sell.tenCC$ can ebangt during Ihc leon of Ibe 1.010. The insuranee cani.er providing the iPIIInm:e shall be chosen by Eotrower wbject to Lender's right to disapprove Bonpwcr's choice, whicl1 right shall not be Ctcn:ised llJU'CUOnably. Lender may require Borrower to pay. in COJlDC(;tioD with thiJ LoID, titber: (a) I one-timc cll.arge for flood zone 6c:.termin11ion. cerdficar.lon and uacking acrvi.ccs; or (b) a one-time (.:barge for flood zone ddc:rmination and cenificatiop services and subsequent charges each time rcmappinp or similar changes occur which leUQllably might affect sucb Q.e'lemUnaUau or terti1ication. Bonower shall also be responsible for the payment of any feci imposed by the Federal Emergency Management Agency in conncctian with the: review of any flood zone detenni.zWiOD resulting from an objccrion by Borrower. E843413 _.~ For"l 3039 1101 _-6AWAI \O10~ JOoooIIo11l BI( I 8 2 I ?G Z 8 I 2 ~ ~ (l:l VI VI Gi' IS! ljll pi I ljll (lO " VI W " t' w r If Borrowet fail! to maintain any of the CQvtragts described above. Lender may obldn insunnce <:overage, a1 Lender's option and 8onQwer's expease. Leuc1er is UDder DO obliption to Ilurthase any partieular typo or amoum of coverage. Thcmme. IIlCb mverage shall cover Lendet, but might Of IXdghl not protect Borrower. Borrower's equity in the Property. or the COIICtIllI of the Property. against any risk, hazard or liability and mi,ght provide greater or lesser coverage than was previously in cffeo;t, Bonower acknowledges that the cost of the insurmc:t coverage so obtained migbt significantly exceed tbc cost of insurance that Bonower could have obtained, Any amounts disbursed by I...l:Ddcr under this Sl:cliOD 5 shall become additional debt of Borrower .secured by this Scauity InstrurneJlt. These amountiS shall bear lntm:sl at !he Note rate from the date of disbunc:mcnt and man be payable. wilh such iDteR$t, upoo nolice from Lender to Borrower requc:;tin8 ",,)'menl, AU inlurm:.e policies falui~ by Lem1et and TtDtWals of lOCh policies shall be subject to Lender's right to disapprove such policiel. shall include . nandard mongagc: clause. and shall name L..ender lIS mortgagee and/or as an additioqa} 10ls payee. Lender iha1I have the right to tloId the policies and renewaJ c:enificatc.s. If Lender requires, BoI'TQ'It1:J shall promptly give to Lc:ndet aU rece!ptl of paid premiums and renewal ootices. If Borrower obtains any form of io.suC8DCe coverq:c. oot olherwiu required by Lender, for dllmlle to, or dt3trUt1ioD af, the Property, such polley iball include a SWldard morte'l;e clause and shall name Lender 81 mongagce and/or a!J aD addilionallolS payee, In the event of loss. Borrower shall live prompt notice to the i.tlsunnce curicr and t.endtt. Lender may make proof of lOll if DOt mlde promptly by Donower. Unless Lender and Borrower otherwise agree in writing, any insurance procced.l, whether or DOt the undcrlyina: iDIuranc.e was required by Lender, slW! be applied. to ftStOf'Ition Of repair of the Property, if lhe restoration or repair is CCOIlomical.t)' feasible and Lender's security I. DOt lessened. During IIl.Ch repair and restoralioD period, Lender shall have the tight to hold IUCb iImumc.e proceeds until Lender u.. bad. an opponunity to i.n.spcc;t such Property 10 ensure 1he work has been completed to Leuder', satisfaction, provided that sucb iDspcaiOD shall be undertaken promptly. LeI1dcr may disburse proceedS for the repairs and. restoration in a smpe payment ilr in II series cf progrtU paymentS as tbe wort is completed. Unless an agrecmeut is made in writing or Applicable Law requires imtIe.st to be paid on suc:b iosUJ'8D(:e proccedJ, Lender sha1IllOl be required to pay BonoWCJ' any inr:mst or earnings on .cuch prnceeds.. Fees fat pu'btk. adjustm, or other thUd parties, maintc1 by Borrower sbaU DOl be paid out of the insurance proceeds aod shall be rhe sole obligation of Borrower. If the restoral.ion or repair iJ not economically feasible or Lender's .securiry would be lessened, the Losurancc: proceeds shall be applied. to the :fUIDS secured by this Security lnsb'UdICZlt, wbetb.er or 1101. den due, with the exccu, If any, paid to BorroWC'l. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abWons the Property, Lender may file, negotiart and settle any avaUa'hle insurance claim and reIalcd matter.. If Borrower does not respond within 30 <b.ys to a tKItice from Lender thai the lnMante carrier hu offered \0 scnle a claim, tben Lender may negotiate and settle the claim, The 3D-day period will begin when the Doticc is given. In eitbcr cveut, or if Lender acquires the PIOpert)' UDder Section 22 or otherwise, Borrower bcrtby assigns to Leader <a> BottQwct', rlgb.u to any ins\UDte proceeds in an amount not to exceed the amountS unpaid under the Note or this Security hwtrumc:o.t, and (b) Bay olher of Borrower'. rtgbts (other tbau the right to ~)' rctlmd o( uueamcd premiums paid by Borrower) I.Ullkl all insunncc poUcies tovtrina; the Property, insofar as such righu arc applicable to the coverage of the Property. I.coder may use the inJunmr:e proceeds either to repair or rtStore the Property or to pay amounts unpaid under the Note or lhis Security Jnstrumcnl. whether or 1101 then due. E843413 Q;&Al.PA) (QllJ6\ BK I 5 2 I PG 2 8 I 3 "'hlll I_~ I'ofrn3039 1101 eil w I\l I\l ~ In (Sl In In lr ~ ~ '" I ~ llO " In W " J!r J!r 6. Oc<uJI'UKY. Bom>_ $holl o<cupy, es1oI>Iisll, and use \be l'ropeny as llomnver', printlpol residence witbiD 60 days after the: execution of thii Security butrtuIleJU &ad sball continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. w~eu ~ Olberwisc agrees in writing. which consent shall not be unreasonably withheld, or unless extenuating circumstances exist wbich are beyond Borrower', control. 7. Pnsenation, MaiDtamDtt anti l'rotecU.OIl of the l"ropwty; hupeeUOD5. Borrower shall pot desttOy. damage or ~aiT the PropertY, allow the Property to delerionte or commit waste OD tbe Property. Wbe:tbc:r or not Borrower ill residing in the Property, Borrower shall maintain d1c Property in order (0 prCVent the Propcny from detcrionlUlJ or decreasing in valoe due 10 ILl condition. Unless it Q detennined pW1U8t1t to Section 5 thai repair or rtllIlOration is DOt economiCIJly feasible. Borrower shall promptly ~r the Propeny if damap1 to avoid further ck:IerioraUon or damage:. 1f insurance or condemnation procecdI ~ paid in ~OD with damage to, or the taking of, the Property, Borrower shall be responsible for repairiq or rescoring the Property O!lly if Lender bat releued proceeds for such PlUpOscs. L=dtr may disburse proceeds for the Iqlain BOll rcsIOhtion in a liingle paymem: Of in a series of progress pBymenJa U the work II completed. If the ins\lrBnCe or coodCDmItion proceeds ~ oot sufficient \0 ttp'ttir at mttltt \he Property. Bonowtr is 1101 relieved of Borrower's obligation for the romplction of such repair or restoration. I..c:nder or itS agent may aake rcasooab!c: awiet upon end iDspel:tiooa of the Propctty. If it bas reasoaabJe cause, Lend.er may inspect the interior of tbe improvementS aD the Property. Lender shaJl give Borrower Dance at the time of or prior to IUCb. an interior iDspeakln spc:cifylDg 5UCh reasonable cause. 8. BOlTOwer'S Lou AppUwttoa. Borrower shall be III deia1LIt if. during the Loan application process, Borrower or auy persons or entities actin&: at the dlrooioo of BQnowcr or with Borrower's knowledge or tOD8ent gave materially false, mi&.1cading" or inactuntt: WOnn:aUOTI or statementS to Lender (Qr failed. to provide Lender with maIeria1 infonnation) in covnecdon with the Loan. Malena! representations include, but are not limited to, representations concerning Borrower's occupancy of me Propeny as Borrower's principal residence. 9. Protcctton of Lalder',lDtcrtst III the Property and RiChll Under Chis Seeurity m5b'uDleot If (Il) Borrower fails to perform the COVelllJ1U and apeemmtl. totl~ in this Stturity Ins\nuno:nI.. ('0) there is a legal proceeding that migh1 significantly affect Lender's intcmt in the Propcny aDd/or ngh" under this Sc:twi1Y InsU\lll1CZ11 (lUch III a proceeding in bankruptcy, probate, for COQdeamttion or forfeiture, for enfottement of " lien wl1it.h may attain priority over tlUs Seeurit)' InstruDlCDl or to enfQrce laws or regulations), or (e) Borrower hu Ib8lldoDCd the Propeny, then Lender may do and pay for whatever is reasonable or appropriate: to protect Lender'. interest in the Property and rights under th.iIi Security Instrument, including protecting aDdIor weuiD& the vJlue of the Properly, and securing lUIcVor repa1riog the Property. Lender's Idiom CII1 include. but Il1l 001 limited to: (a) paying any sums secured by a lien whi~ bas priority over thb SClCUOty Instrument; (b) ~ in c:uunj and (c.) paying ttUDnable anotDe)'l' fc:a to protect. ill mterc:Sl in the Proptrty and/or rigbts wader this Seauity II1$ttumC:nt. iIu:ludiug iu secured position in a bankruptcy pf'()Ceediog. SccuriDa the Property includes, but q [\01 limited 10, Cllterin& the Property tG make tq)Iin, dw1p 1ocD, np\ace Of board up door8 IIId windows, drain water from plpc:s, eliminate building or otbct code violaUou or dangerous conditions, and bave utilities turned on or off, Although Leader may take con under Ibia Sectioo 9. Lender does DOt have [0 do so and is not uodcr aD)' duty or obligation ro do 10. It ill agreed thai: Lender incun DO liabUiIy for nOl1aki.ng any or all actions 1Ulh0rized under this Sc:cdon 9, E843413 -,.J,M. Form 3038 1101 _"'A{'AIIO~ .....n. BK I 8 2 I PG 2 8 I 4 ~ ~ (S ~ ~ $: ~ (S pi I tll lII:l " ~ W " $: Cl\ ~ Any amounts di$buned by Lender under thil SectiOD 9 shall become additi.onal debt <,{ Borttlw~r secured by this Securiry lnsInunenl. These ID:IOUDU 5haU beat Interest at the NOlC rue from the date of di$bunemen! and shall be payable, with such intc:rest, upon notice: from l.ePder to Borrower requesting payment. If this Security Instrw:nem is on a leasebold, Borrower sbJII comply with aU the provhions of the lease. If Borrower acquires fee title to the Property. tbe leasehold and the fee title sb.alJ oot merge unless l...en.der apes to the meraer i:n writing. 10. Mortp.ge lDIurance. If Leader requiml Mortgage Insu.rance u a condition of mam.g the Loan, Borrower sbaU pay the premiums required to maintain tbc Mortgage Insurauce in effect. If, for any reason, the Monaagc lnIurmce covenae Itquired by l.ender c:cues to be available from the IOOrtga&:C insum' dtat previOUlly provided aueb Ulsurmoc and BorJOWa' was rcquiml to make separately desipatrd payments toward Ihe premiums for Mortp,ge InJuraDce, Borrower &hall pay Ibe premiums required to obtain coverage substantially equivalCDt to the Mortgage Insurux:e previously in efhtt, at a cost substsntlally equivalent to the cost to Borrower of me MOttIagc InIurance pmriOll81y in tftc:cl, from aD alteniate lJlOrtC8&t WIW'el selected by Lender. tr mbstantWly (q\\i~Jlt:Ut Monpgc 'llu\u'ince COVlU8e is ROt available, Bonowec shan cont:i.nue to pay to Lcllder the amount of the separately designated pllyraaus that were due wben the insurance covcraae ceased to be in effect. Lender will accept, use and retain these payments IS Il ~fundablc 10$S reserve in lieu of Monl"c lnsurance. Such Iou restrve shall be non-refundable. DotwithstBllding the fact that the Lom is ultimately paid in filII, and Lender sball not be required 10 pay Borrower any iDtc~n or earnings on sucb. loss reserve:. Lender can no longer require loss reserve payments if Mortgasc lnsurancc coverage (in tbe ammml and for the period that Lender requin:s) provided by an insurer selected by LcDder qain becomes available, is obtained, and Lender requires separately dea:ianated paymenll toward the premiums for Mon;.age lnsurano:, [f Lender requirl:4 MGrtpgt lnsurance as a condition (If rnaki.D& the Loan and Borrower was req\.lired to make lCparatel:, designated paymentS toward the premiums for Mort&aae lDsurance, Borrower shall pay the premiUD1ll required to maiot.m Mortgage Inmrmce In effect. Ot to provk'lt .. nor,.-rtfundablc ion reseNe, until Lender's requiremenl for Monsaae lnsurmce ends in accorcbnce with any writttD agreement between Borrower and Lender providing for such termination 01' until tmnination is rtquired by Applli:able Law. Nothing ill1bia Sectiou \0 affrcu Borrower's obUaation to pay inttmt al the rate provided in Ibc Note. MongagC! ID!1llaI1CC n::imbutseS Lc:tlder (or any eAtity that purcl:lases the Note) for ~nai.D. losacs it may incur if Borrower dOCI not repay !be Loan u agreed. Borrower is DOl a pJtty to the Mortgage lmurlmC:e. Mortgage Umuers evaluate tbeir rotal risk on a11 sucb insurance i.n force from time tl> WDl:, and may enter iDto agreements with other putieI that IIwe or modify their risk, OJ mtucc: losses. 1'b.e.se 8&rccmcuts IIlC on tennC and oolldltiotlS thaI are IIlidlCtOry to the mortgage inJurer and the otbc:r party (or parties) to lheu' agtec:mcotl. These apeementa: may requite the mongage insurer to make payma:tls U$iDi any source of funds thal the DjOrtpgt insurer may have available (which may illl;Iudc fu.rld.l obtained from Mongage mlUl'8J1CC premiums). As a J'CfUlt of rhese ~ts, J..r:nd.cr, 8I1y purchaser otthe Note, another insurer, any reiDsurer, any other CI1tity, or any affiliate of any of the folq,oing. m,"; rer.ei~ (dirtcl1:y or inlHnlttly) amoWlts that derive from (or might be cblJ1ll;tCrized as) a portion of Borrower's paymew fDr Morta.,,, Insurance, in exehaIJa;e for sharing or modifying the mortgage insurer's risk, or reducing losses. If IUth agrecmeat provides that an affiliate of Lender lakes a share of the insurer>s risk in exchange for a share of the premiums paid to the insurer, the arrangcmcm: is oftcq tcnncd "captive reinsurance." Funher: (.) Any such aareemeats will DOt Itted the amounts thai Borro1ft!r Iw agreed 10 pay for Mortgage IDsulluu:e, or any olber terms or the LoaD. Suth qreemea.tlI will Dot increase the amoUDt Bonuwer ,"U owe for MDrtgal' Iuuraoc:e, IUId they will Dot entitle Borrower to any ref1md. il' \11 @ \11 \11 (: /J:I ~ pi I ~ IlO " \11 W " !:' ... E843413 ....,~. Form3039 1101 _U,<PAll\"lO$\ PtgI'olll BK I 8 2 I PG 2 8 I 5 r I (b) "'" ..<II ............ wl1I DOt alT<<t tho rlpls Ilom>wtr b.. . if ..y . with mpect to tho Mortpae Insurance UDder the BOIDCOWIlG"I Protection Ad' 01 1998 or 8DY other law. These richu may iadude the right to receive a:rtaio disd0SW'85, to nqurst and obtaia cmu:eIlation 01 tbe Mort&qe 1Dsuruc:e, to ha~ UIe- Marl.. lusurauce tenDioateCI automltJC8lIy, and/or to nettve a refund 01 any Mortple IDIuraDce prrtmJums that wa-e uaeamed at the time Df ruth caILCeUaUon or _. 11. AssilJUDCllt ot MiKdlaaeoUJ Proeeeds; Forfeiture. AU Miscellaneous Procec:d8 are hereby asrigned to IIlKI shall be paid 10 Lender. If the Property is damaged, sucb Miacellaueous Procoed5 m.ll be e.ppI.io.\ to tutm'atioo Ot repair of the Property, if the restoration or repair is economically feasible and Lender', security is 1I0t lessened. During sucb repair and I't81oraUOD period, Leodcr thalJ have the right to bold such_MisccIIanCl)us Proceeds until Lender has bad an oppottuaity to inspect sw:h PtI>pCtty \0 tnSUft lhe woJk lw 'oCCll l;ompleted to Lender', satisfaction, provided tbIt IIICb inspection shall be undenakeD promptly. Lendc:r roa:f pay for the repllirs and renoration in a .inale disbunemmt Of in . series of progress payments as the work is completed. Umw au agrcemtIlt 11 IIlllde ill writin, or Applicable Law requires interest to be paid on such Miscellaneous Proeeeda, Lender aIlall not be required to P2Y Borrower any iDterat or eunings on such MisceUaacous Proceed.s. If the reJtoration or repair is DOl economically fcuible or Lender's security would be lesstDtd. the MiaceUaneou.s Proceeds shall be applied to the sums secured by Ibis Securil)' 1nst(UlnCDl, wbetbcr or not then due. with the excess, if lilY. pald to Borrower. SUch Miscellaneous Proceeds shall be applied in the order provided for in SectiOQ 2. In the event of 8 total tWDJ" destruclioD, or ION in value of the Property. the Miscellaneous Proceeds shall be applied to the SUJn/i secumJ by this Setwlty Instnunc:ot, whether or oot then due, with the excess. if any. paid to Bonawa:. Iu tbc event of 8 partial takiD.g, dcttruction. or loa in value of the Property in which the fair market value of the Property immediately before the partial taking, cJcsuuc:tion, or Iou in value if I equal to or ~ than ~ ~ uf \he ~ secum1 by this Security Instruman iIllmediately before the partial takiog, destruction. or Iou in value. unlcs.s Borrower and I..enQer utherwise agree in writing. the sums _ by this Security lDIlrUIl=lt _ be reduced by 1be amount of tho Mil'Ol'-.. _ nmltiplitd by the fonDWiDs fractioD: (a) the total amowt of the 1\1IIII ~ iuuncdiasdy before lhe partial taking, destruction. or loa in value divided. by (b) the fair market value of lbc Property immediazely before the partial taking, dcltruction, or lots in vl1ue. Any bIlance shill be ~d 1.0. Borrower. In the event of a partial. taking. dcslI'UCtlon, or IOf' in value of tbco Properly in wtuclJ the fair market value of the Property immed.iately before the partial taking, c:lestructiOD, or loss in value is less than tbe amouul of the sums secured. imrncd.i81cty bef<n the partial takiDg, dmruttion, or loss in value, UlIless Borrower and. Lender otherwiie a,ree in writing, the MiseelIl\DCI01lI Proceods shall be applied to we sums secured by this Security Instrumcl11 wbether or not the su.nu: an: then due. If the Property is aban6ODCd. by Borrower, or if, after notice by lender to Borrower that the Oppo.ing Party. (as defined in \'he next scnteDCt) offen, to make an award to settle a claim for damages, Borrower fails to respond to l.cnde:r wilhin 30 day. after the dale the fIOlice i. given, Lender is authorized to C;OU<<;t and apply the Miscellaneous :Proc:ecds either to restoralion or repair of the Proptny or to the .ums aecured by this Security Iomumcnl, whcchcr or not tbm due, "Opposing Party- means the third pany that owes Borrower Miscellaneous Proceeds or the party against whom Borrovt':t hu a rlp\ of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any llClion or proceeding. whether civil or criminal, is tJcgun that. in Leader's judgmenf. could result in forfeiture of the Property or omer material impainncm of Lender's interest in the Property or right. UDder this Security Instrument. Borrow.:r can cu~ such 8 default 8lId, if acceleratioD has occurred, reinstate as provided in Section 19, by causing the action or prot.:eediDg to be I:ol W N N CI\ \,M ~ \,M \,M t:' (jjI (lll t'" I (jjI \Xl .. I,M W .. ~ \Q E843413 _.8AlPAl (0200; p...,loa/le -A Form 303' 1/01 8K I 8 2 I PC 2 8 I 6 dismissed with a tu.ling that, in Lender's judgJJx:m, precludes forfeiture of the Property or othcc' material impaillDtDt of t.ender's intmst in the Property or rights UDder tlW Security Instrument. The: proceeds of any award or claim for <bn1as:flI thai are Iltrlbulable to the impai.rmeDl of Leader', iDtemt in the Property are hereby assigned and abaIl be: paid to Lcodcr. All Miscellaneous Proceeds tbat lU'C Qat applied to re.storation or repair of the Propmy shall be applied in !:he order provided for in Section 2. n, Bon'o1m' Not Releuedj FOS'banmu By Lader Not a Wa}vrr. ExtenSion of the time for payment or modiftc&tlon of amorti7.ltion of the SUlN secured by tJUs Security InstrUment grallt<ed by Lender to Bonower or any SUccessor in f1lttIeSt of Borrower shall not opel'Jte to release the liability of BorrowCl or any ~ in Interest of :Borrower. lender shall not be: required to commence proc=d.ings against any Succeuor in Interest of Botrower or to refuse to extend IUnc for payment or otherwise modify amortization of the: sums sccnred by this Seturity IDnrume:ot by fCason of any den:tand made by the original Borrower or auy Succenon in Interest of Borrower. Any forbearance by Lender in exercising any rigbt or mncdy ~uding, without limitation, Lender's acceptance of payment$ from thUd person:., entities or Succeasor. in 1ntc:ttst of Borrower or in lnlOWltIleSl than the amrnmt then due, sha1\ not be a waiver of or preclUde: the excrciJe ofany right or remedy. 13. JoIDt IIIId Seva'll LleblUtyj COo5lcnen:; SuceessorI and AssIplknmd. B~'er CQvonants llDd aarees that Borrower'. obl.i.gati<ma w1 Uabi1ity shaD be joiot and sevcnl. However, any :Borrower who oo-$i~ this Security Insttumr:nt but docs no(: CJteICUtc the Note (a ~co-sipcr.); (a) is CC-ligniog thiI Sceurity Instrumellt only to 1DOIt8agt:, grID[ and oonvcy the co-signer's interest in rhc Property under ~ termI of mis Securlty 1nstnweal.; {b) iI DOt personally obligated to pay the sums Sl!lCUred by Ibis Security Instrument; and (I,>) agrees that Lender and any otber Borrower tlID. agree to extend, modify, forbear or DlIke any accommol1ations with rqard to the terms of this Security Instrument or ~ NOll~ without the w-.5ianer's colllCnt. SUbject to the provisiom of Scctioo. 18, any SUccessor in Interat of BoI1'OWel' who ISIUJDCS Borrower', obligations under this Security Instrument in writiJl.&. and is tppro'ffil by l...t1tIkr, shall obtain all of Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from BOIfOWtt's obligaJions aod liability under this Scouity lnstl'Ul%al UDlcas Lender agtcc:I to .uch release in writing. The covonmt.s. \Uld agteemmU of thi$ Sccuti1y In.mument $hill b1nd (except lU provided in Seaion 20) and beDcfit the successonlDd assisns of Lender, 14. Lou CharpI. LeDder may ~ge Borrower feet for services performed in COllIleCtiOD with BottO\\fer'. demult, for me putposc of prolCCtln&: Lend.cf's lntCrest in tlk; PrujM:rty ...lId riUltlI under this Security I:nsuument, Wc1uding, but DOt limited la, anorncys' fees, property inspection and valuation fees. In regard to any other fee$, the absence of expl't$S authority in tblI Security InItn1mc1lt to charge. speclf'i<: fee \0 Borrower shall not be construed as . prohibition on the charging of such fee. Lender may DOt cbarge fees that art txpl'CS:!lly prohibited by this Security Instrument or by Applicable Law. If the Loan is SUbject to a law wIticb sets maximum loan charges, and that law is fmllUy interpreted so that the ilUefeSt or other loan cbara:cs COllOCltd or to be collcacd in coonecrion wilb the Loan exceed the permitted limits, dten: (I) any II1ch loan !:barge shill be reduced by the amowu oc:cessary to reduce the charge to Ute pmnitted limit: and (b) any lWDl already col1ected from Bonower which exceeded permitted limits will be refunded to Borrower. Lender may clI00se to mike this refund by mlucina the principal owed under the Note or by makina' a dUect pa)'mCII.t to Borrower. If . refund reduce$ principal, the reduction. will be tteIled u . partial prepaymcat without Ply prep.yDleJJt charJ:e (whetber or Dot a prcpaymcat charge is provided for under the Note). Borrower's 8CC$t8nCe of any such refund made by direct plymeDt !O Borrower will constitute a waiver of any right of actioD BolTOwer might ha.~e arising out of web. O'f'etclwge. 1.5. Notices. All notices given by Borrower or Leoder in COmtection with this Securiry Instrument must be In writing. Any notice 10 Boaower in connection with this Security Instrumtn1llhaU be dmncd to E843413 _~. o.-tAIP4llOlOtI h001",nt Form30n 1101 BKI821PG2817 ell w I\J I\J Il' 1M '" 1M 1M (: (lil ~ pl I ~ (JO " 1M W " III III have been linn \0 Bonower wbeo mailed by firsl class mail Or when actually delivered {I) BottQwer', pOlice address jf SCDl by other ~$. NO\ict to anyone &orrower shall consliturt notice to iill Borrowers unless Applicable Law upressJy requires olherwist. The notice addrm shall be the Propeny Address unlets Borrower bA$ designated a substiNte notice adQm;5 by notice 10 Leodet. BortQwet $hall promptly notify Leor1C:T of Borrower's cbange of addresa:. If Lender 5peCifiea a procedure for reponin,g 8ortDwu's change of Iddress, then IkIrrower shall aDJ.y tq)Ort a tbange of ad4res1 through rhat spccitiro procedure. There nlAy be only one deaigDaud notice addre51 UDder this Security l1\stn1.mtnt at any one time. ADy notice to \.alder shall be given by (IeliverUlg it or by maiJ..iDj: il by tint class mall to Lcokr's addft&s statcd. btft:in 1mlesa l..endtr bWl d~ Bl1od1er Iddzes.I by notict 10 Borrower. Arty notice in connection widl thiI Security InstrumeDI shall DOt be Oc:tmt:d 10 have heeD sivc:n 10 Lender until actually tta:ived by Leader. If aD)' notice ~uimi by this Security lDstIumtnt is allO rc:quiIt:d 1ID&ier Applicable law, 1he Applicable Law requimnem: will satiJfy the col'l'CSpOoding ~t under this Sewrity ~. 16, Gov.....mg La..; s...r.JriJity; Rules of ~di.... This Security lDmwnent sIIaIJ be sovemed by federal law and the law of the jurisdiction in wtLich the Propeny il \ocalecl. ".11 rlghts aDd obIigl1ioDl toIllaincd in this Scauity lnstrumeul are subjea to lilY requilemeutIi and hmilaUons of Applicable Law. AppUtablc Law might explicitly or implicitly allow the parties to Ilgree by comracl or it might be silent, but sucb sile:acc shall uot be ~ as a prohIbition agaWst agreement by conuact, In the event mar any provision or clause of this Seeurlty lnsuument or the Note conflicts with Applicable Law, such conflict: aba11 not affect other provisions of this Sel:urity Instrument or the Note 'Nbicl\ can be given effect without the oouflictinz pnwillOD. AI wed in this Scc;uril)' 1Dnnm:lcnt: (..) words of the mucWitle gen6ct a:haU mean and include oorrespoDd.iog neuter worda Or \Vorda of !he femioine gender; (b) words in me aiDgutar $b,YI mean and incLu4c the plural aDd \lite vena; and (c:) the word "may" gives $Ole disc:mion without any oblig.tion to take auy acQOQ. 17. Borrower's Copy. Borrower Iball be given aoecopy of tht Note and of1his Securlt)"lDslrWncDI. 18. Tnnd'er or the Propcl"t)' or . Bmefidallottresl in Borrower. As u.sctJ ia mill Section 18, ~lm.~ iD the Property. means any legal or benefieial intmst in the Property, including, but not limited to, those beDefi<:ial intctW.& tnD$fcrml in a bo1u1 for deed, CODtratl for deed, installment .salC15 contrac:t or escrow agM:ment, the inttnt of whitb is the tran.sfct of title by Borrowct a\ a future dI1c: to a pun:haaer. 1f':11 or any part of the Pwpcny or lUly Interest in the Property ia lold or traI:Lrfened (or if:Borrower is not a natUnJ penon Il:Ill1 a bcneficl81lDteml in BolTOwer ls sold or trllDStemc1) without Lender's prior wriucn CODSeDt, Lender may mqo.aiR isJ:lb:d.i:ate paymem in full of all sums ICCIU'Cd by this Security WtNlDCll1. However, this optioD sbaJ.I oot be exercised by l.cDdcr if INch CXCrtiR u ):.rohibj(e(1 by Applicable Law. If Lcodcr eltrCisel dUa I>ption, leDdcr Iballgivt' Borrower notice or JCtderatlOD. Tbi: notice abalI provic1e a period of not les! than 30 dIy. from the date the DOtite is giVtll ia acconlauce with Section 1 S wilbiJ:l which Borrower DlWit PlY aU sums ICromI by thiII Security Iosuumem. If BonoWt)' fails 10 pay these $\Um prior to the expiration 01 Ibis period, Lender may invoke IJJ)' n:medics permitted by this Security IDstrwncnt without t\lnhct ncdcc or demand OP Bonower. 19. Borrower's JU&bt to RcIDItatt After A.a:tltrlltton, 1f Borrower meets mtIliJl CODditloDl, Borrower shall have the right to have enf'on:cmcDt of this Security Instrument disconUJmK-. at allY time prior lQ me earliest of: (a) five ih'y. before sale of !he Property punuADt to my power of sate contained in chis Security ~ (b) such othcr period as Applicable: law migl1t specify for the tr-mUnatioD of Borrower's riJbt to ~; or (c) enuy of a judgmtDl enf9Iting thia Security 1n!ltUmmr. Those conditions are tba.I Borrower: (I) pays l..ender all sums wbich tbcu wwld be due under th~s Sct\uity Instrumcat ao.d tht Note as if DO s.ccdcratiOD bad oecmred; (b) CW"CS MY default of any otbet covenantS or ~ W I\l I\l l'\ III ~ V1 V1 i:' ~ ~ "'" I ~ l'-l " V1 W " V1 I\l E843413 _.JAA Form 303' 1101 Cll\;SAlPAltD208l """ l~ 01 1e BK I 6 2 I PG 2 8 I 8 agMlt1Cl1ts; (c) pays all cxpensea incurred in enforcing this Security Instrumtnl. iDc1udiIlg, bul not limited to, reasonable auomeys' feea, property inspection md valuation fetll, md other fees inl:wTCd for the PUIpOSC of pro1ecting Lender's intereSt in the Property and rights UDder Ibis Seturlry Instrum:nt; and (d) lakes such action at Le:ader may fNSODIhly mquirt to usure thI1 Lm1er's. interest in the: Property and rights under this Security Instrument, and. Borrower's obllglltion to pay !be SUD1Il secured by tlUs Security lmttumonl, _ _ _....' I.elIde1 may requ;,.1hal Borrower pay _ __..... ond expenses in one or more of die fOllowiq forms, U $elected by l.c:Dder: (a) cash; (b) money order; (c) certified chec:k:. bllDk check, tn!uurer's theck or cuhicr's check, provided any ~ chec:k iI drawn upon lID iDstitution wbosc depositli are insured by . federal agency, ~ or entity; or (d) Electronic Funds Truster. Upon rcinsIatement by Borrower, IbU Security Instrwnem and obligatlOlU seturtd hereby shall remain fully e:ffective as if DO aa:dera1ioD. had occurred. However, tbia right to reinstate shall oot apply in the cue of acceleration onder Section 18. 10. Sale of Note; CbaDp or Loan Servicer; Notice or Gritv8nee. The Note or a partial interest in the: Note (together with this Security ~t) can be so1d one or more timc:a: without prior notice to Bonower. A sale might result in a change in the entity (known as the "Loarl Servicer") th8t coJlects Periodic Payments due under the Note aDd this Security Instrument and perfonns other mnngage lOIn servicing obligations UDder the Note, this Security InstrumCDl, and Applicable Law. There also migbt be: one or more changes of the Loan Servicc:r unrelated 10 a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given wrincn notice of the cbanae which will state me name and address of the DeW Loan Se:rvicer, the addresa to which payme:nu should be made and any other infonJUlliou RESPA reqWrcl in connettion with a notice: of transfer of servicing. H the Nole is sold and thereafter the Loan is serviced by a Loan Se:vicer other tbIn the purcbuc:r of me Note, the: mortgage loan servicinl: obligations to Borrower will remain with the Loan Servicer or be rraosferred to a 8'UOl:eSIlOr Loan Service, and are Dot assumed by me Nore purchaser unless otherwise provided by the Note~, Neltha Borrower DOl' Lender may commence, joiD, or be Joined to III1Y judici81 action {as eitha an individual IitiiaDt or the member of a cllSS) thai: arises from the: other puty', actions punruant to this Security InlltrumeDl or 1ba1 allesa thallbe other party hIS breached any provisloa of, or any dLJty owed by reason ot. tbIJ Security Instrument, W1lil such Borrower OJ Lender bas notified the other part:V (with such notice given in compJiaDce with tbe: requiremc:nu of Sealon IS) of iUth alleged breach and afforded Ihc: other party hc:rtto a reasonable period after the: giving of such noUl;e to take corrective actiDD. It Applicable Law provide$ a tbm: period wblch ID1.W\ d..pae bdoa: certain .won em be tW:n, that time period will be deemed to be reasooable for pmposcs of this p&nlgnpll. T'I1c DOdce of Iccderation and opportunity to cure given to Borrower purswmt to Sectio.n 22 JQd the notic:c of accelerali.on giv<<l to Bonower pursuant to Section 18 &hall be doc:med to satisfy the nolice and oppoItwlity 10 taltc corrective action provisions of this Section 20. :%1. Hazardous SUbstaDces. As used in thl$ Section 21: (a) "Hazardoua Substance:;. are those substances defined as taU: or hazardous IUbstances. polluttDu. or wastes by Eavironmental Law and the following IUbstmces: gasoline, kerosene. other flammable or tonc petroleum products. loxle pesticides and heIbicidea. volati1e solvC!1lS. materials coDtliDing ubellos or fonnaldehyde. and rlld.ioactive materials; (b) "EuviromnCInal Law. means federal laws 8Ild 13WS of the jwisdictioa where the Property itllocated that relate to health. safety or myironmentll proteCtion: (c) "Environmenlal. Cleanup" includes ,my response Ilt(ion, remed.ial action. or removal action. as defined in Environmental Law; and (d) an ~Ellvironmental ConcIition- means a condition that caD cause. contribute to. or otherwi$C triggtt an Ellvircmnental Cleanup. E843413 ,_..JlJJ ~.6AIPAl102Otl "".""". Forrn3D39 1101 BXI821PG2819 ~ Cl\ \11 (j;I \11 \11 /1', rlil ~ I-' I t':l IlO " \11 W " vi w r- Borrower shall Dot cause or permit the presence. UK, diapo~, 5tory:e. O! release of BD;' Hazanlous Substances. or thn:aten 10 relea.sc l.Dy Hazudous Substarlces, on or 1Il ~ ~. Borrower l;ball DOt do, nor allow anyone else to do. anything affecting the Property (a) that is in violation of any Ell_viromnental Law. (b) which crcatel an EDviJ"ODlmltll Condition, or (c) which, due to the ptc:sence, U5C'. OJ release of a Hazardow Substanc:e, malCI a condition thai adversc:1y affects the value of the Propcrt}'. The preceding twO sentence. shall DOt apply to~c ee, use, or stOrasc on the Property of small 'lomtiti" of Hazardous Substanees thai Ire Y ftCognized to be appropriate to nonna! residential usc$ and to maimcnance of the Property (me udma, but not limited 10, hazardoUl 6ubSWlCCS in consumer products). Borrower ahall promptly give Lender writICD IlOtice of <a) any investilI81ion, claim, demand, IaWfUll or other action by any govemmental or regulatory ag~ or private party m...olving the Prop~ and any Hazardous Substlnct or Environmental Law of which Borrower has actual knowledge. (b) any EDviroumental Condition. including Inn DOt limited to. any spilling. leaking, disdwge. release or threat of release of any HazardoUl Subltance. and (c) any condition caused by the pmeoce, use or rdease of a Hazardous Substance which adversely affects die value of the Property. If Borrower learns, (If is notified by any JOVCmmtlltal or regulatoI}' authority, or any private party, that any removal or other remediation 01 any Hazardous Su'bltance affcctmg the Property is necessary. Borrower shall promptly take all ncccss~ rc:medjal actiow in accordance with Euvironmc:D.tal LJw. Nothini berem ahaIl create any lIbligarlon aD Lcodcr for an EDvironmcntal Cleanup. NON.UNlFORM COVENANTS. Borrower and Leodcr further covenant and. aaree as follows: n. AceelrratlOJlj Remedies. Leader .alllive ootke to BorrGWa' prior to aecderatillD following BOITOWU"J breach or IUlJ comumt or qreemeat in this ScaD1.ty lDstrumcot (but not prior to aceeleratlon uoder SedioD II UDIeu AppUcable Law provides otherwise). Leader shall notify 8on'ower of, amoas otller ~ (a) the derault; (b) the actlon required to (UR the default; (() wbeu the default must. be c:un:dj IUd (d) tIaat failure to eure tbe ddluJt II ipCdfted IDIIY result In ._don 01 the..... _ by tbiI Soourily 1IIatrumcDt. loRdooure by JudiciaJ ..._1 .... sale of Ihe Propa1y. Leader sball rurtJIer inform BorroW'tl' of the ript to ftinstale after aec:eleration aod the ri&ht to IIIIft't in the fONdosure proc:eediq the llIUMllJIence of . default or Ill)' other del_ of Borrower to aculetation IIDd fondosure. If the default Is DOt eun:d as specified!. Leader at i.ts option. may require immecI6ate pI)'DImt ill ruu of aU IUDII HC1D'1ld by tbls Seeurtty lD5tI'UIDeIlt. w:l.tbout further demaud ..d may fonclOll! tbiI Security Instrumeut by Judic:ial proceeding. Leader sball be entitled to coDed all expeases Incurred in PursWnc the mnedia prvrlded iJ:J. tlWl seet10n U. lDcllllliq. but DOt limited to, attomeysl fees ud costs of til.le erideace to the exteot Jamitted by Applitlble Law. 13. Rdcue. Upon paymen1 of aU mmslCCUred by tbis Security lnstn:nnenl. this SecurIty lnslrument and the eswe conveyed shall temIiDar.e and become void. After such OCClllrelK'e. Lender shall discharge awl satisfy this Security InstrumeD1. Borrower shall pay my recordalion costs. Lender may charge Borrower a fee for releasing this Sc:curity lDItrwneDt, but only if the fee is paid to a third plltj for services rcndem111Dd the charging of the fee is pcnnincd under Applicable Law. 24. WaJven. Borrower. to &he extent ~tted by Applicable Law. wm\lcs and releasa: any error or defects in proceedinp to eufon:e this Sccumy Insttument. and bereby waives the benefit of any present or future laws providing for stay of CXCCIlIion. cx.tClllion of time. exemption from attachment, levy and sale. and homeslead exemption. 25. RdostatemeDi Paiod. Borrower', time to reinstate provided in Sealon 19 sbaU extend to one hour prior to the commencement of bidding at a sheriff's sale or other ,ale pursuant to this Security !mtnImcm. U. Purebase Money Mortgqe. If any of the debt secured by this Sccwity Instrument is lent to Borrower to acquire title to the Pnlperty, this Security Inscrumtm shall be a purcbase JDDDeY roongagc. 27.lDttnlt Rate After Judgmcat. Borrower agrecI that the interest rate payable after Ijudpcnt is entered CD Ihe Note or in. an .mon of mortgage foreclosure Ihall be the rate payable from tunt to time under !he Note. E843413 ,....,JjL Form 3038 1101 _-lA(PAJ IOZOII P"",."", 81( I 8 2 I PG 2 8 2 0 III W IIJ IIJ ~ 111 ~ VI 111 ~ 31 ~ pi I ~ 110 .. 111 W .. V1 VI ~ W I\l I\l (?\ In ~ 111 111 l:' ~ ~ )ol I ~ IlO BY SIGNING BElOW. Borrower aa:epllIlDd agrees to !he ttrmli and covenants contained in this Securiry Instrument and in any Rider CACCUIed by Borrower and recorded with it. Wltnmes: ~L (Seal) -Bol'TO"'~ (Seal) .80rruwer (5<01) ""'...., E843413 _.eAIPAI102001 BK I 8 2 I PG 2 8 2 I >>tAlJ SCOTT A. ARNOLD P""",5,,,'1 " 111 W (Seal) " \11 0\ -Bomwer (Seal) .""""", (5<01) -Bonv...er (Seal) ._- (Seal) .Bonowc:r Fon1'l 3039 1/01 Witntls my band this 9th day of Ju"e.2003 llll w I\l N ri' U'I ~ U'I U'I IJJ' ell ~ pi I ~ 110 Certifita'1 of Resldellc:e 1, lit' 1M.. /.-. f!;/?{'}(.c)rV ' do hetebJ ",Oily "'" the comet address otthe. w-taUn:~riImtd Mongll&te is P.O, Box 2026. FU.DI, MI48501-2026, ()/JJfltfA tJ&au.~ .. U'I W .. Alent of MDI'fPp U'I ..., COMMONWEALTH OF PENNSYL VANIA. CLLmbu~ CoUDty$S: On \hi>, tht 9th day of June, 2003 ond"'i8J"'d oflicct, pet1000Ily appe.... scan A, ARNOLD . bcfortrnt, the known w me (or sar:i5Dctorily proven) to be the penon(s} w1une name(s) is/are .rubscrlbed to rbe within instrumetlt and acknowledged thai bellhclthcy ~ lhc same for me. pmpalleS ~ t01l1aUlcd. IN WITNESS WHEREOF, I berelmto set my haDd aod official seal. My Commlni01l BxpiTts: ~(}Mr~ (\(11. -~ L'?&ur NlXarial Seal Jaska L. Nailor, NOW)' PIIb1.k ~\'ttr Sprlnl 1W~. CD~ COIIn\.y \~r)l;'i:H"''''", My Coollllwion Expll'Cl M.r, 11,2007 '..., I~ "_"><> r ' , . \'~',. ....i..'/;D">. " # , "'~"'- 'I' ....e."" , " .:;r~~- ;~~~f"'~" ,J.. Go) ." Cfii ~.; _ ; \....." . --/" , "-~> ,~'" ,":; ~ ",..:~lys /';;" ~~ .; .i;i" " ':'; :~'~:~ri,:,j.j"E843413 ", ".,1..\~t:. ,~.~ ~'m 3(139 1(01 G-6AlPAlf,)10S1 . "'1'<>1" BK 1821 PG2822 ..' " .. . EXHIBIT A ALL THAT CERTAIN PROPERTY SITUATED IN THE BOROUGH OF NEW CUMBERLAND IN THE COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A DEED DATED OS/29/1998 AND RECORDED 06/04/1998, AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, IN DEED VOLUME 178 AND PAGE 671. ADDRESS: 207 MARKET STREET; NEW CUMBERLAND, PA 17070 TAX MAP OR PARCEL ID NO.: 25-25-0006-323 . I Certify this to be recorded In Cumberland County P A .., "', ~r' ~?~ ~: Recorder of Deeds l __ B\{ \ 8 '2 \ ~b '2. B 7. '3 ~ W f\l f\l ~ VI ~ VI VI t:' ~ ~ ~ I ~ IlC II VI W .. VI \C 7\J \t-. - If'- ~ <1/ - ~ ~ '[ ~ l.r( ~~ ~ f- -<>~ o '" ,..> 0 c::::> -n < ".~ ~>1 ._\ .,.'':. -r~ -n (;"1).:-: 8 , , --~~ , -, \ ...- -'l~ .- (--.~? U1 r-.,) SHERIFF'S RETURN - REGULAR CASE NO: 2005-02307 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRATI VS ARNOLD SCOTT A GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ARNOLD SCOTT A the DEFENDANT , at 1623:00 HOURS, on the 9th day of May , 2005 at 207 MARKET STREET NEW CUMBERLAND, PA 17070 by handing to PAMELA BENNETT, ROOMMATE, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.58 .00 10.00 .00 40.58 So Answers: /// .r~?>~/"~ R. Thomas Kline 05/10/2005 MCCABE WEISBERG CONWAY Sworn and Subscribed to before me this ""-, 13 - day of BY~~'71, /A)mt:/f:,--d;;::: Deputy Sherif[1 'J1/ "i ..) Uc j A. D . '----I"pf" t;~ }}Uj.'t~. ,A r'i othonotary , OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courtbouse, Carlisle, P A 17013 Curt Long Prothonotary To: Scott A. Arnold 207 Market Street New Cumberland, P A 17070 Mortgage Electronic Registration Systems, Inc. Cumberland County Court of Common Pleas v. Scott A. Arnold Number 05-2307 Civil Term NOTICE Pursuant to Rule 236. you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Curt Long Prothonotary ...K- Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. Esquire at 1215\ 790-1010. McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Mortgage Electronic Registration Systems. Inc. v. Scott A. Arnold Attorney for Plaintiff Cumberland County Court of Common Pleas Number 05-2307 Civil Term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 03/18/2005 - 06/13/2005 TOTAL AND NOW, this day of Plaintiff. Mortgage Electronic Registration Syste $ 81,698.87 $ 1,372.80 ,--.,.-. /' , Inc.. and :;!gail1st Defendant, Scott A. / Arnold, and damages are assessed in the amount of$ 83.071.67, plus interest and costs. /' BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Mortgage Electronic Registration Systems, Inc. v. Scott A. Arnold Attorney for Plaintiff Cumberland County Court of Common Pleas Number 05-2307 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEAL TH OF PENNSYL VANIA: COUNTY OF PHILADELPHIA SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Scott A. Arnold. is over eighteen (18) years of age and resides at 207 Market Street, New Cumberland, P A 17070. SWORN TO AND SUBSCRIBED BEFORE ME THIS 10th DAY ~ JUNE. 2005. {5iMJ~~ '%:UJ" !U~_ Notary Public Notary Expires: 01104/2009 ID.#: 1212645 COMMONWEAL..TH OF PENNSVLVANIA NOTARIAL SEAL , Chnssandra Shaye Hamilton, Notary Pubhc City 01 Philadelphia, Phila, County My Commission Expires January 4, 2009 -------- ~ \ " ,"-, / I / McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. Cumberland County Court of Common Pleas v. Scott A. Arnold Number 05-2307 Civil Term CERTIFICATION Terrence J. McCabe, attorney tor Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS 10th DA Y !1 JUNE. 2005. , - /;~ LTERR CE J. McC BE, ESQUIRE . ) I' oU Of , /. Att ney for Plaintiff :f/1/l.{'y,f'(2;n t( .JI>~ ~ft Notary Public Notary Expires: 01/04/2009 10.#: 1212645 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Chnssandra Shaye Hamilton, Notary Public City of Philadelphia, Phila, County "Mv CommiAion Expires January 4, 2009 VERIFICATION Thc undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.C.S. Section 4909 relating to unsworn falsification to authorities. cCABE, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS York County Courthouse, York, P A 17401 Pamela S. Lee Prothonotary May 31,2005 To: Scott A. Arnold 207 Market Street New Cumberland, P A 17070 Mortgage Electronic Registration Systems, Inc. vs, Scott A. Arnold York County Court of Common Pleas Exhibit A Number 05-2307 Civil Term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITIEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO mE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT AHEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. nns OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICEMA Y BE ABLE TO PROVIDEYQU wrrn INFORMATION ABOUT AGENCIES THA TMA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service 137 East Market Street York, PA, 17401 717-854-8755 TJM/rda NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRlTO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMUI.ADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIAPERDERBIENES U OTROS DERECHOS IMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA. OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAP AZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Lawyer Referral Service 137 East Market Street York, PA, 17401 717-854-8755 Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 r 1 ~ ~ ~ A(\ j i>< .l) . ~~' \ <t- l" v\ ~, "" ()\ ~ --.\ () ,....., c:- ~~~ 0 .:'jl ,'1 2= C-;:l :.;~:: rY:ie N (::; G.) .;....-.. " .L ,.1 ~ Tt .: ~ _.J -"-"' ::-; _ ~~r-11 o -- \..0 :;.'<~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PILE NO.: 05-2307 Civil Term Mortgage Electronic Registration Systems, Inc. v. AMOUNT DUE: $83,071.67 Scott A. Arnold INTEREST: from 6/14/05 - 12/07/05 Date of Sale $ 2.431.48 at $13.66 Per Diem ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession ofjudgrnent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant( s) 207 Market Street, New Cumberland, PA 17070 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property ofthe defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee( s) as a lis pendens against real estate ofthe defendant( s) described in the attached exhibit. DATE: ~!rt{ Iii? , Signature: <"'j~<-<- p. /hr c::J-<- Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street. Suite 2080 Philadelphia, P A 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 ~ ~ t ~ - ~ ):;' -l ..t: ')J '-> ~ C) . . (J- II, ~ v\ \ ~ c, ~ ~ ~ ) , ~ ~ 1'1' r --c > '>- ~ J f\ ~ - V- - , 6"" ~ \ 6' .t u. '" ~ ...Q ~ ""\ "', 55 0 en -n (_ .--t t:--" -r'" to:';: fliT1 ,...-: -nm Ul -:.~;JC.:; ;~ ..~ ~~ <:. r-:? :~::-~,. =2 .r:- 5 0'< -< - McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 215 790-1010 Mortgage Electronic Registration Systems, COURT OF COMMON PLEAS Inc. V. Cumberland COUNTY Scott A. Arnold Number 05-2307 AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 207 Market Street, New Cumberland, P A 17070 (Tax Parcel #25- 25-0006-323), a copy of the description of said property is attached hereto and marked as Exhibit "A,II 1. Name and address of Owner or Reputed Owner: Name Scott A. Arnold Address 207 Market Street New Cumberland, PA 17070 2. Name and address of Defendant in thejudgrnent: Name Address Scott A. Arnold 207 Market Street New Cumberland, P A 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Mortgage Electronic Registration Systems, Inc., as Nominee for Equity One, Inc. Mortgage Electronic Registration Systems, Inc., as Nominee for Equity One Inc. P.O. Box 2807 Flint, MI 48501-2026 636 Grand Regency Blvd. Brandon, FL 33510 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 207 Market Street, New Cumberland, PA 17070 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17013 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. Section 4904 relating to unsworn falsification to authorities, July 14, 2005 DATE --;-~ '-<- y, /h ( ~--L- TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff r-' (:';:'; '.0' ~" C" -- <.J' o -\1 ...-1 ::C--;"'i (1.If'::;:' -r') rf~~ "','C,l \'~S:\. '.?~:;~\ '~<\ ~"} -'-' -" , <: '/-' ::~ l';'? ;:- <.J' ',--.,. "0 '.",,:;' - McCABE, WEISBERG AND CONWAY, p,c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. Cumberland County Court of Common Pleas vs. Number 05-2307 Scott A. Arnold NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Scott A. Arnold 207 Market Street New Cumberland, PA 17071 Your house (real estate) at 207 Market Street, New Cumberland, P A 17070 (Tax Parcel #25- 25-0006-323) ,is scheduled to be sold at Sheriffs Sale on December 7, 2005 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $83,071.67 obtained by Mortgage Electronic Registration Systems, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action; 1. The sale will be canceled if you pay to Mortgage Electronic Registration Systems, Inc., the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE I. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790- I 0 10. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property, 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out ifthis has happened, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 ~ c-> -, :~ t-.::; C-.: C - c.:; Q, ~-(t rr\~, -t~~ -L\l.t' ;..:;~Cr~ ~'. -\\ !t, ""~ -, -- f") .' :'i} .- CJ' - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRA TION SYSTEMS INC Plaintiff (s) From SCOTT A. ARNOLD, 207 MARKET STREET, NEW CUMBERLAND, PA 17070 N005-2307 Civil CIVIL ACTION - LAW (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (h) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $83,071,67 L.L..50 Interest FROM 6/14/05 - I2n/05 DATE OF SALE $2,431.48 AT $13.66 PER DIEM Atty's Corum % Atty Paid $122.58 Plaintiff Paid Date: 7/15/05 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) By: Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQmRE Address: 123 S BROAD STREET, SmTE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: (215) 790-1010 Supreme Court lD No. 16496 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. Cumberland County Court of Common Pleas vs. Number 05-2307 Scott A. Arnold AFFIDAVIT OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certifY that on the 7th day of October, 2005, a true and correct copy of the Notice of Sheriff's Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit" A". Copies ofthe letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." 1"^'--- TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 7th DAY OF October, 2005. ~1J1~Lt (A, 1M ~ NOTARY PUBLIC r J' L . " N'0T-^ PT AJJ ~EP..r. A#t:beU,' /' ' '-,e"'r P1 ~"'- Cit.,' erp/:-:- i, y L. ~:1;; . > '!:;-;i~l Ci.<~'a",' ' iAy e~r;l";~ - --XPP;s ;</""1"1 ie:. 1~)(~1 - .~ McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 215 790-1010 Mortgage Electronic Registration Systems, COURT OF COMMON PLEAS Inc. v. Cumberland COUNTY Scott A. Arnold Number 05-2307 , . A Exhibit AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence 1. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at; 207 Market Street, New Cumberland, P A 17070 (Tax Parcel #25- 25-0006-323), a copy of the description of said property is attached hereto and marked as Exhibit 'lA," 1. Name and address of Owner or Reputed Owner: Name Address Scott A. Arnold 207 Market Street New Cumberland, PA ] 7070 2. Name and address of Defendant in the judgment: Scott A. Arnold Address 207 Market Street New Cumberland, P A 17070 Name ~ .' 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Mortgage Electronic Registration Systems, Inc., as Nominee for Equity One, Inc. Mortgage Electronic Registration Systems, Inc., as Nominee for Equity One Inc. P.O. Box 2807 Flint, MI 48501-2026 636 Grand Regency Blvd. Brandon, FL 33510 5. Name and address of every other person who has any record lien on the property: Name Address Exhibit A None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 207 Market Street, New Cumberland, PA 17070 P.O. Box 320 Carlisle, PA 17013 Domestic Relations Cumberland County , .' Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau ofIndividual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. October 7,2005 DATE /T j~ TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Ex1nibit A McCABE, WEISBERG AND CONWAY, P.C. 'llY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. Cumberland County Court of Common Pleas vs. Number 05-2307 Scott A. Arnold Ii. DATE: October 7, 2005 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Scott A. Arnold PROPERTY: 207 Market Street, New Cumberland, PA 17070 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 7, 2005, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor ofthe Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. e u :r: ~ ~o.. l~~~ .......O,!!!l;:! 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" ~ u , , '0> , E " E. - u "- ~ . ~ ~ o c.. . . .. " '. .. .. " - . " .s ,; ~ .< ~ .. ~ .... ~ ~ ~ . c. e Q v " " ;;0 '011 -. 0 "I i~ "- z z] ,; "" ~ ~~ . c "" 1360 " "o~ 0 " ~ 5u~ ;0- '0 0 0 ~""O <u~ ~ E N '0 a-s;;-S -<: ;:; " . ~ ~r.n_:: 2 '1.1 0 ~< ellS --l ~ ! . .a~r/)o.. 8 u.. "' ""l;j'l3""Oe<fellS U ~ ,.: <C~ 8:.a'J'J u.. '0-8 <> ~ :r: ~ ~ ......0... " ~ ~tll~'Z ~~ E or;5r.nal Eo- gE' - '" '0 .,. ~ '" c- ~ <> z, c ~ un"''' .' "' z::f~i5:< 0 ~5 ~ .. ~c n g 3 ;; .;:: 0 r-- ~Uo- '1.1-0<:'"'-1<( c&:::~""o.. '~11 ~~ '1.1..0;:0", g ~,j~ ouo..:u ..,." -.,.j ("," ,,- ''',I )' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Home Assoc American Legion Post 143 is the grantee the same having been sold to said grantee on the 7th day ofDec A.D., 2005, under and by virtue of a writ Execution issued on the 15th day of Julv. A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 2307, at the suit of Mortgage Electronic Reg Svstems Inc against Scott A Arnold is duly recorded in Deed Book No. 272, Page 4056. IN TESTIMONY WHEREOF, I have hereunto set my hand -ttL and eal of said office this /f day of ,A.D.~C Recorder of Deeds V Deeds. Cumberland CounIy, CarIlSIe, PI< ion Expires the Firot Monday 01 Jan. .l<l/D Mortgage Electronic Registration Systems, Inc. VS Scott A. Arnold The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2307 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 29, 2005 at 2:48 PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Scott A. Arnold, by making known unto Scott A. Arnold, personally, at 207 Market Street, New Cumberland, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2005 at 8:48 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 Scott A. Arnold located at 207 Market Street, New Cumberland, 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 the within named defendant, to wit: Scott A. Arnold, by regular mail to his last known address of207 Market Street, New Cumberland, P A 17070. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriff's 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 December 7, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$89,500.00 to John Balmer for Home Assoc. American Legion Post 143. It being the highest bid and best price received for the same, Home Assoc. American Legion Post 143 of 204 Market Street, New Cumberland, P A 17070, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$93,115.00. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary $30.00 1,790.00 15.00 15.00 30.00 10.00 .50 1.00 Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 32.64 3.10 15.00 20.00 .74 413.00 346.94 20.89 25.00 40.50 $2,809.31 Sworn and subscribed to before me 200b, A.D. ~ Protho ~~~ f' R. Thomas Kline, Sheriff ~c~ jD.\Ill } SO Ck... s ~ .).1.. 35 ItL 1'13,) r>S , , , McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215 790-1010 Mortgage Electronic Registration Systems, COURT OF COMMON PLEAS Inc. Number 05-2307 '-) '" '-.~-.;l () r';':.J -n c.n :.:;:1 en " 1',0 :1 ., co; v. Cumberland COUNTY Scott A. Arnold AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 207 Market Street, New Cwnberland, P A 17070 (Tax Parcel #25- 25-0006-323), a copy of the description of said property is attached hereto and marked as Exhibit "A." I. Name and address of Owner or Reputed Owner: Name Address Scott A. Arnold 207 Market Street New Cwnberland, P A 17070 2. Name and address of Defendant in the judgment: Name Address Scott A. Arnold 207 Market Street New Cumberland, P A 17070 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4, Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Mortgage Electronic Registration Systems, Inc., as Nominee for Equity One, Inc. Mortgage Electronic Registration Systems, Inc., as Nominee for Equity One Inc. P.O. Box 2807 Flint, MI 48501-2026 636 Grand Regency Blvd. Brandon, FL 33510 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 207 Market Street, New Cumberland, P A 17070 Domestic Relations Cumberland County P.O. Box 320 Carlisle, PA 17013 McCABE, WEISBERG AND CONWAY, p,c. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Attorney for Plaintiff Mortgage Electronic Registration Systems, Inc. Cumberland County Court of Common Pleas vs. Number 05-2307 Scott A. Arnold NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Scott A. Arnold 207 Market Street New Cumberland, P A 17071 Your house (real estate) at 207 Market Street, New Cumberland, P A 17070 (Tax Parcel #25- 25-0006-323) , is scheduled to be sold at Sheriffs Sale on December 7, 2005 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $83,071.67 obtained by Mortgage Electronic Registration Systems, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Mortgage Electronic Registration Systems, Inc., the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) Real Estate Sale #27 On September 0 I, 2005 the Sherifflevied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, P A Known and numbered as 207 Market Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 01, 2005 ByJoJ~ ~YLA~ Real Estate Sergeant de \ 'III\' S~~l Z. t\ 't. :J 'i,;_l':":I::;~' . \.1_ . , 'Id' """ :.I:J ~, -. \:'1 (.....J) c::;rv c;:;;J ~ ~ liW SCHEDULE OF DISTRIBUTION SALE NO. 27 Date Filed: January 06, 2006 Writ No. 2005-2307 Civil Term Mortgage Electronic Registration Systems, Inc. VS Scott A. Arnold 207 Market Street New Cumberland, PAl 7070 Sale Date: Buyer: Bid Price: December 7, 2005 Home Assoc. American Legion Post 143 $89,500.00 Real Debt: Interest: Attorney Costs: $83,071.67 2,431.48 122.58 Total: $85,625.73 DISTRIBUTION: Receipts: Cash on account (09/01/2005): Cash on account (12/07/2005): Cash on account (12/21/2005): $ 1,500,00 8,950.00 84,165.00 Total Receipts: $94,615.00 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Robin Gasperetti, Tax Collector New Cumberland Borough Attorney Terrence McCabe Mortgage Electronic Registration Systems, Inc. Writ No. 2005-2307 Mortgage Electronic Registration Systems, Inc. Total Disbursements: Balance for distribution: So Answers: ~~~ , R. Thomas Kline Sheriff $ 2,809.31 200.00 812.50 812.50 396.30 127.04 1,500.00 85,625.73 2,331.62 ($94,615.00) 0.00 TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOV AL IS PRODUCED. SHERIFF SALE NO. 27 Held Wednesday, December 7, 2005 Date: December 7, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIP AL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2006, and recorded , 2006, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Scott A. Arnold, single man, and John P. Miller and Janice L. Miller, his wife, by deed dated June 9, 2003 and recorded July 8, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book 258, Page 76, granted and conveyed to Scott A. Arnold, single man. OTHER EXCEPTIONS: 1. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Market Street, and in a 16 feet wide public alley. 6. Building conditions, easements, and restrictions as shown on or recorded with the general plan for the Borough of New Cumberland. I 7. Mortgage in the amount of $44,011.00 given by Stephen F. Dopp and Wendy A. Dopp to Sovran Mortgage Corporation dated September 13, 1985 and recorded September 19,1985 in Mortgage Book 790, Page 335. Said mortgage was modified by Agreement recorded November 21, 1985 in Miscellanous Record Book 311, Page 736. 8. Mortgage in the amount of $74,160.00 given by Scott A. Arnold, single man, to Mortgage Electronic Registration Systems, Inc. dated June 9, 2003 and recorded July 8,2003 in Mortgage Book 1821, Page 2807. Complaint in mortgage foreclosure filed by Mortgage Electronic Registration Systems, Inc., as Plaintiff against Scott A. Arnold as Defendant on May 4,2005, in the Office of the Prothonotary of Cumberland County to File No. 2005-2307. Judgment in the amount of $83.071.67 entered June 23, 2005. 9. Mortgage in the amount of $18,540.00 given by Scott A. Arnold to Mortgage Electronic Registration Systems, Inc., dated June 9, 2003 and recorded July 8, 2003, in Mortgage Book 1821, Page 2824. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. It is noted that no notice appears to been given to the Commonwealth of Pennsylvania, Department of Revenue. 11. Real estate taxes accruing on and after January I, 2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to determine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. )~lJ -J. Robert G. Frey, Agent Note: This Title Report shall not be valid or bin until countersigned by an authorized signator . -. REAL ESTATE SALE NO. 27 Writ No. 2005-2307 Civil Mortgage Electronic Registration Systems, Inc. vs. Scott A. Arnold Atty.: Terrence J. McCabe LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Bor- ough of New Cumberland. Cumber- land County, Pennsylvania. bound- ed and described in accordance with a Survey and Plan thereof made by Ernest J. Walker, Professional Engineer, dated July 23. 1966. as follows: BEGINNING at a point on the Northerly line of Market Street, which point Is ftfty (50) Ceet West oC the Northwest comer of Second and Market Street: thence along the Northerly line of Market Street, North Forty-Six {46} degrees forty- five (45) minutes West fifty (50) Ceet to a point on the Eastern line of Lot No. 56 on the General Plan of the Borough of New Cumberland; thence along the Eastern line of said Lot No. 56. North forty-three (43) degrees fifteen (15) minutes East one hundred fifty (150) feet to a point on the Southerly line of a sixteen (l6) feet wide public alley; thence along the Southerly hne of said al- ley South forty-six {46} degrees forty- five (45) minutes East fIfty (50) feet to a point on the Western line of Lot No. 54 on the Plan aforementioned; thence along the Western line of said Lot No. 54 forty-three (43) de- grees fifteen (15) minutes West one hundred fifty (150) feet to a point, the place of beginning. BEING Lot No. 56 on the Gen- eral Plan of the Borough of New Cumberland and having thereon erected a two story frame dwelling and garage known as No. 207 Mar- ket Street. BEING KNOWN AS 207 Market Street, New Cumberland, PA 17070. Being the same premises which Scott A. Arnold and John P. Miller and Janice L. Miller, his wife, by deed dated the 6/9/2003, and re- corded 7/8/2003 in the Office of the Recorder in and for Cumberland County in Deed Book 258, Page 76. granted and conveyed to Scott A. Arnold, in fee. TAX MAP PARCEL NUMBER: 25- 25-0006-323. i " THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No, 587, Approved May 16, 1929 Conunonwealth of Pennsylvania, County of Dauphin} 55 Joseph A, Dennison, being dnly sworn according to law. deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place ufbusiness at 812 tu 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and pubhsher of The Patnot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 tu 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 contmuuusly published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andlor Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2005, 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 stockbolders 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 . ore me this 23rd day of November 2005 AD, NOTARIAL SEAL Terry L. Russell, Notary Public City of Harrisburg, Dauphin County My Commis ' n Expires June 6, 2006 ;/? MambO' PO" yl,.nl'./ ,.lionol Nol.d.. , (~T~UBLI~C:t~-Y My commission expires June 6, 2006 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 27 Writ No. 2005-2307 ClvllTenn ~ Electronic Reg_on Sya_.lnc. Va ScolI A. Arnold AIly:18nence J. McCabe DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in !he Borou.~ of New Cumberland, Cumberland County:'Pennsylvania, bounded and described in a<<ooiance with a Survey and Plan thereof made by Ernest]. Walker. Profes-sional Engineer,dated July 23, 1966,as Mlows: BEGINNING at a point OIl the Northerly line of Marka Street, wbich point ~ fifty (5Q) fuet West of the Northwest comer <If Second and Market Street; lh<Dce along !he N_Iy line of Marl<et Street, North Forty S~ (46) degrees forty five (45) minutes West fifty (SO) feet to a point on the Eastern line of Lot No. 56 on the General PIan of tJoe BorouBh of New Cllmberlalld; lh<Dce along dle-'liDeofl8idLolNo.56,Nor1hforty _ (43) ...... _ (15) ....... Eut ... -.oIfiily (150)"''', .........SoIImr liMof._(l6llootwidepabllcolll1:.....,. aIoog \be Soolhedy IiDe of said alley _forty six (46) depe<s forty five (45) 0Ii0ure! &It IiIIy (50) feet Ill.po\nl..\be W.._lIne of Lot No, 54oo\bePlan_tiooed;tbencealonglbe Western line of said Lot No. 54 forty three (43) degrees fifteen (15) minutes West one htmdred fd'ty (l50) feet t\ a point, me place of BEG1NNING. BEING Lot No. 56 ~ the Gen-etal Plan of the Borough of New CumberlaJa! and ba,mi lbereo. erected a two story frame dwelling and garage known as No.1fJ1 Markel: Stttet. BEING KNOWN as '1JJ1 Market Street. New C_,PA 17070. BEING the same premises which Scott A. AmoId and lobo p, MiJIer and laoicc L. Miller, his wile, by eked dated 61912003, and rewrded 7/8/11113 in the Office of the Recorder in and for Cunmerland Coonty In Deod Book 258, Page 76, granted IUld conveyed to SoottA.Amold,m fee. TAX MAP PARCEI.#25-25-llOO6-323. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 14, 21, 28, 2005 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 tme. - SWORN TO AND SUBSCRIBED before me this 28 day of October. 2005 r~~~.~N i".i . r-, Sb~:t I G!S E. SN'(;JER NOlfiry L'U!"',: ,~ ~ :>~f!J::_:n .))rrJ;'€rl8ri!1 en:!!':',' }. :';' r>::;)!\lii:,S y' :~n,;r.:'s \,:'.;:>.::;t: ,;1\\;':;' t ,.," REAL ESTATE SALE NO, 27 Writ No. 2005-2307 Civil Mortgage Electronic Registration Systems, Inc. vs. Scott A Arnold Atty.: Terrence J. McCabe LEGAL DESCRIPTlON ALL THAT CERTAIN piece or parcel of land situate in the Bor- ough of New Cumberland. Cumber- land County, Pennsylvania, bound- ed and described in accordance with a Survey and Plan thereof made by Ernest J. Walker, Professional Engineer, dated July 23. 1966, as follows: BEGINNING at a point on the Northerly line of Market Street, which point is filly (50) feet West of the Northwest comer of Second and Market Street; thence along the Northerly line of Market Street. North Forty-Six (46) degrees forty- five (45) minutes West fifty (50) feet to a point on the Eastem line of Lot No. 56 on the General Plan of the Borough of New Cumberland; thence along the Eastern line of said Lot No. 56. North forty-three (43) degrees fifteen (IS) minutes East one hundred fifty (ISO) feet to a point on the Southerly line of a sixteen (16) feet wide public alley; thence along the Southerly line of said al- ley South forty-six (46) degrees forty- five (45) minutes East fifty (50) feet to a point on the Western line of Lot No. 54 on the Plan aforementioned; thence along the Western line of said Lot No. 54 forty-three (43) de- grees fifteen (IS) minutes West one hundred fifty (150) reet to a point, the place of beginning. BEING Lot No. 56 on the Gen- eral Plan of the Borough of New Cumberland and having thereon erected a two story frame dwelling and garage known as No. 207 Mar- ket Street. BEING KNOWN AS 207 Market Street. New Cumberland. PA 17070. Being the same premises which Scott A. Arnold and John P. Miller and Janice L. Miller. his wife. by deed dated the 6/9/2003. and re- corded 7/8/2003 in the Office of the Recorder in and for Cumberland County in Deed Book 258. Page 76. granted and conveyed to Scott A. Arnold. in fee. TAX MAP PARCEL NUMBER: 25- 25-0006-323.