The URL can be used to link to this page

Home My WebLink About05-2855 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 M&T MORTGAGE CORPORATION ] FOUNTAIN PLAZA,6TH FLR. P.O. BOX 840, NY ]4240 BUFFALO, NY 14203 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM (!, 0; t.. 'T EA.n--] v. NO. OS -dPSS MARK A BOOV A SHEILA M. BOOV A 522 LAVINA DRIVE MECHANICSBURG, P A 17055 CUMBERLAND COUNTY Defendants CIVIL ACTION - LAW COMPLAINT IN 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 money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA ]7013 (800)990-9] 08 File #: 116688 File#: 116688 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is M&T MORTGAGE CORPORATION I FOUNT A1N PLAZA,6TH FLR. P.O. BOX 840, NY 14240 BUFFALO, NY 14203 2. The name(s) and last known addressees) of the Defendant(s) are: MARK A. BOOV A SHEILA M. BOOV A 522 LAVINA DRNE MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/03/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PENNSYLVANIA NATIONAL BANK & TRUST COMPANY which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1120, Page: 865. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 116688 6. The following amounts are due on the mortgage: Principal Balance Interest 01/0 1/2005 through 05/31/2005 (Per Diem $3.04) Attorney's Fees Cumulative Late Charges 03/0311993 to 05/31/2005 Cost of Suit and Title Search Subtotal $15,859.82 459.04 1,225.00 172.14 $ 550.00 $ 18,266.00 Escrow Credit Deficit Subtotal 0.00 10,035.68 $ 10,035.68 TOTAL $ 28,301.68 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mongage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 28,301.68, together with interest from 05/31/2005 at the rate of$3.04 per diem to the date ofJudgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN:7=&;~ By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #; 116688 AFFIDAVIT OF SERVICE PLAINTIFF M&T MORTGAGE CORPORATION CUMBERLAND COUNTY PMB No. 05-2855 DEFENDANT(S) MARK A. BOOV A SHEILA M. BOOV A ACCT. #0009559543 SERVE MARK A. BOOVA AT 522 LAVINA DRIVE MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 7, 2005 SERVED J... Served and made known to A OIl( k A, 600 1/ ~ , Defendant, on the "3}-' at a :.;l8,0'clock~m.,at S~~ AaV" IVi). '01("") }1 Q~4~",'\ CS buy) day of ~ )1 ,200_~- I , Commonwealth of Pennsylvania. in the matUler described below: Defendant personally served. , =A=AdUlt family member with whom Defendant(s) reside(s). Name and Relationship is w' f ~ \ . 11 Adult in charge ofDefendant(s)'s residence who refused to give name orrelationship. <5 ~ ~', \ a 1'1, Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. ~f)O";;' Other: Description: Age 4f2 Heighl S';? 'I Weight I;(~ Race W ~ Sex L Other }Jb '5 \~e9 I, C\GlV~"" cc.. L.., G,<-:~ / ~~ompetent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARIAL8EAL Sworn to and S~1ribed WCUE H. CNnY. =. PuIIlIa before!pe thIS .<1- d~ ~ My Nov. 1~ of ~\ '200~m . . Notary:, ~BY: . CLL. , E SE ATTEMPT SERVIC T LEAST 3 TIMES. INDI TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1" Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: Sworn to and subscribed before me this _ day of , 200 _- Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 --0 '':Jl: r..:? Q. ~:tl 1J~ ~~, ~ ~ .~ ~ :;z. 0- k ~ '&W\ ~'f: 2: ,.. ~.~. te..C) 1:;<2 c:. \,J. y<;.- 3. ~ ~ ~ G"> \ cP AFFIDAVIT OF SERVICE PLAINTIFF M&T MORTGAGE CORPORATION CUMBERLAND COUNTY PMB No. 05-2855 DEFENDANT(S) MARKA. BOOYA SHEILA M. BOOY A ACCT. #0009559543 SERVE SHEILA M. BOOY A AT 522 LAVINA DRIVE MECHANICSBURG, PA 17055 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 7, 2005 5~e4 \" ~. Served and made known to SERVED Be 0 1/ ~ , Defendant, on the 3/ * day of T0 If t..,"'V',I'-la. Y)v./ M~'-L.t"a~..rlc~ iouI/"':) --- <D ';z.1f3 , 200~, at . , o'clock +.m, at !};( d. . Commonwealth of Pennsylvania, in the manner described below: X Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place oflodging in which Defendant(s) reside(s). Agent or person in charge of Defendanl(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: f) r II - 1.\/ F N. ~\",S$~,> Description: Age e Height 5,)" Weight (cJ.~ Race ~ Sex ---=- Other I, C~t-X:~ 1-.. \.,tf,.~ . ~', a compelentaduIt, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in .. . he captioned case on the date and at the address indicated above. Sworn to and S~.Y5ribed bef~ this .J? Of~O_ ~~ Nota' . ~(Jt. By: PLEASE ATTEMPT S~~CE AT L S 3 TIMES. DI ATTEMPTED. TIMES OF SERVICE NOT SERVED On the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: 2nd Attempt: / / Time: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _- Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - LD. No. 62205 Q c. ~: "'1:)(5' o;n: ~- zc en , ~e ')>c ;bo :Pc Z ~ . ,..., = = "'" ". c: en I ex> ~ ~:n ~~ -::i-ri. g~ -'-I N ~ o -0 :x t!? ~^,J~' . :- y - ~' ~ '93 J~~.; 0- " ni'l :1 26 rSpcll<'e ..\bove n~ Hoc Fur Recording Dala] MORTGAGE THIS MORTGAGE (~Sccurily Insttl1ment~) is given on March 3, 1993 - A. BOOVA and SHEILA M. BOOVA, hi 5 wife (WBom,wer"). This Security Instrument is giWfl to PENNSYLVANIA NATIOOAl BANK AND TRUST ex:w'Al'iY which is organi;ax) and exi"ting under the laws of THE lJ'IITEO STATES of AMERICA add,,,_,;s <>>IE SOlJTIi CENTRE SlREET, POTTSVILLE, PENNSYLVANI/\ 17901 cr.eooer ). Borrower owes Lender Sixty Thousand and Ho/l00 ---------------------_ Dllllars (U.s. $ Thh-;I~<;-;~c~ by ~;;;-;c-;~ note dated the same -date ll" this Security Instrull1cur (~N"Lc") monthly payments, wilh the full debt, if nol paid earlier, due and payable on Apri 1 1, This Sct:urily InSlmmem secures to Lender: (al the repayment of the debt e,,'idclI~'L,j hy the Note, with inte extensions and moditications of Ihl:' Note.; (b) the payment of till olher stlms, with interest, advanced u prm{'('t the security uf this Sf",Curity Instrument; and (e) the pe'rformaoce of Borrowe....., Cllvenanls and ag ~'Ufjty Instrument and the NOle. For this purpose. Borrower does hereby mm1gage, grant and convey to lIeserihed property locJlted in a..M3ERlANO CO SEE ATTACHED LEGAL DESCRIPTI<>>I whkh has Ule Ildtlress of Pellllwhanill 17055 . IlipCodel 522 LAVINA DRIVE, MECHANICSIllm CProperty A1.JJrc~s~); PENNSYLVANIA-Single FuHlily-F....nje M..'Frllddie Mac UflltlFORM INSTRUMENT r.q~ I of G Gt -6RIP'A) (')1051 Vt.lPM(}~TG...G[fORMS.i~l:.!t293-8100 IIlOO1~J1_n~1 -11:10 PAG( st5 i'; Y TOGETHER WrTTI all the impJOvements now or hercancr erecled on the propeny, and llll casements Jl"lure~ now or her('al'ler a pail of the properly. All replarements .!lnd addilioll' "hall al~l be Cove 'nsfromefl!. All of the forc~tJillg i" referred 10 in this Security Instrumenl iL'i Ihe ~PJOpt.rty.- BORROWF.R COVENANTS thm Borrower is lawfully seised of the e5late hereby cllIlvcyed and has th gram and convey the Property amI th.lll the Property is unencwnben.'lI, clIecpt for encumbrances of record and will detend gellcnilly toe Tille to the Propeny <lFainSl all claims and denl.1oos, subject to llny eneumbran THIS SECllRITY INSTRUMENT combine" uniform cOVenants tor national use antI non~uniform co ~'arialiClf1'; by jurisdiction to con!>tilute a uniform security instrument covering real projl('rty IINII"OR\1 COVEN^NTS, Borrnwer and Lender (.'OVellalll ilnd agree <If) follows' J, Payment or Principal and Interest; Prepayment lIod tale Charges. Borrower shall prompll. principal o( and interest on the debt evidencctl hy Ihe ;\lote and any prepayment and r.de charges due under d 2. ,"'unds for Taxes and InSUr,dnt7e. Subject (0 applicable law ur III a wriuen waiver by Lender, B< Lender on the day monlhly payment~ :ue due under Ihe Nute, unrillhe Note, is p.1id in full. 11 :;UCI\ ("Funds") and assessments which may acrain priority over thi" ,O:;ecurilY Tn~tnllnent a<; a lien (}Il IIle Prnpeny: (b) yearl) or ~rourK.l renh-;. on the "'ropeny. if any; (c) yearly hazard or property insunlllcc premium,,; (d) yearly 1100d i if allY: (eJ ye.arly mon~age iWi.Urance premiums. if any; and <n any "urns payable by Borrower 10 Lender, the pro\'isions of paragraph 8, in lieu oflhe paYlllelll of mortgage insurance pfemiulu... These ile.ms are call lender Ill<.lY. al any lime,. collect and hold Fulltl..; in an amount not to exceed the maximum amount a Ie n:lakd mortgage loan may require for Rorrower's escrow aCCOunt under the federal Real Estate SI.:lllernen 1974 ,IS amended frOlllli/lle In lime, 12 U.S.c. Seetiull 2601 PI $I'q. ("RESPA"), unless anmher law that. sets a lesser alllUU111. If '<:0, Lender may, at ally time, eollecl and hold Funds ill an amollnt not to exceed Lender lllay eslimate the amount of FUlkh due on Ihe basi.s of Curreul d<lt.ll and reasonable eSljllllltcs tlf ex E.s<:mw Items or othelwise illlfCCtmlan('e with applicable law. The Funds shall nc held in an institution whu:-;c depo.~its are insured by a federal agency. instlUl (including Lender, if Lender is such all iUlIliturion) or in any Federal HllUX; I.I)an Bank. under shall apply I Escrow hems. Lender may not charge Rorrowf'r for holding anu applying the Funds. anllually an;dY7.ing the verifymg the Escrow Ilelll..., unless U.nder pays Borrower interesl on the Funds and l1pplieable. law permiL~ ,,\ charge. However. f .ender may require Borwwer to pay a one-fin1e char~e fm an independent real eslate t' used hy Lender in connection with tlli... loon. unless applicable law provides otherwise. Unlc.<;.l\ an ag applieahle law requires interest III be paid. Lender shall nut he required to pay Borrower any inlereM or ean Borrower and lender may agree in writing. h0wever, that interest shaB be paid nn Ihe "unds. Lender shltJ withoul dlarge, an annual accounting uf Ihe Funds. showin~ credits and debit.s to the Funds and lhe pu debit tll the funds wa,<; made. The Funds .arc. pledged as addilillnal securit)' for all sums M:cured by this Secur If {he Funds lldd hy Lender exceed Ihe llfllUlJnfs permitted to be held hy applicable law. Lender 1\11311 a I{Ir the CXlA"'iS Funds in accordance wilh lhe: requirements of appliQlole law. If the umoUlll of rhe Funds hef lime i1\ nor sufficient t(l pay the Escrow Items when due, Lender may so notify Borruwcr in wriling, and, ill ..hall P:l} (0 lender tIll': amounl necessary to makl: uplhe deficiency. Bonuwer .\hall make up the defieicn twelve rnonlhly payments, at Lender's sulcdixcrelion Upun payment in full of aJl SUIIL<; SlX1Jtrd by this Security Inslnmtent, lender shall promplly refun FUlld:; held by Lender. If. under paragraph 21, Lender :;hall acquire or sell the Pruperty. Lender, prior to It. of the Property, shat! apply /lny I'-und!> held b.y Lemler at the time of acqui1\ilion or ~Ie as u credit again.!'! t this Security In.<:lruTnem. .1. Application of Pallncnb,. Unless applicable law prnvides otherwi5e, all payments recei~ed by Lend I and 2 '>hall be applictl: fir\t, to any prepayment charges due under the Nulc; second. to al110untl; p.llyable Ihin.t t() intereM due: lourth, 10 principal due; and lase 10 any late ellarge~ due under the Nulc. 4. Chargl$; Uens. Borrower "hall pay all taxes, asSCSSlrlcnls, eharge.<;, fines aud impositions attributu which m"y altain priorit}' Over this Securily Inslrumenl, IDul leasehold paYlIleub or ground rents, if any. lhe;.;e obligations ill the lIIanncr provided in parngntph 2, or jf not paid in that manner, Borrower .<ihafl [lily Ih to lhe person owed payment. ilorrower shall pmmprly furnish to lender all notices of amount.. to he paid un If Borrower makcs rhese paymenls din:etly. Rorrower shall promptly furnisl1 to lender receipts e\'idencing lh 8urruwer shall promptly di1\clllIrge any lien which has priority over this Sl'Curil,y JnstnuTlem unless Burr V.Tiliug 10 the payment of the ubligaliofl secured by the liell ill it manner acceptahle 10 l.cnder: (b) CQntcsls in b)" or df',fends against enforcement of rhe lien ill, legal flr(1c.eedings whidl in .he l.cnder's opiuiuu ope cn(urament ()f the lieu; or (el <;("Cures from tht: huklcr of the lien an ilgrt:clllcnl satiMactory to Lender "Ilhor thh; Slxurity Instrul11cllt. If r .ender determines lhat ;m}' part of the Property i.~ subject 10 a liell y,'hich may < Ihis Security Ill~lrumenl, Lender may give Borrower a notice identifying the lien. Borrower "hall satisfy the more of the aeliull" >;ct forth above within 10 days of the gi\'in~ \Ifnntice :lppITrtenJIlCe,. JIlJ ,>.1 by rhi, Sc:<.:-t..;fily ridt (I) 11H):(~Jg~'. R"HilV.t'I'v.,lrr;lnh ',(1[r('<:0r<:: ~Ildnb Ititil li:llikd pay "hen Jut' rhe:' t: \I'k I'rfllh'r <,];;.;11 pay t(\ II)~' 'JI :-cJ:'h tl.X~" le,heh)IJ pilVfll.:nh ,1;r:Jn(;, preI7u:ll1h, :n .Jcc,'rJance \'.ith J 'E,,':p\1 rle:'m, IJa r"I:J k(1erally Pl\'ct'dLI\" .$'[ "r pu:ie<, L'_' lhe' Fund, 111<: ksscr :lnlOltnr c'J\,jllt:re~ [It' !'t..;tu'c CII:.tli:\ .'rc'ellI7:- le I'und, (co p.1: t!le L'SG!)\\;\i.:C$lti:l,oc ~'l1lklllllTl:lkt' ,'lid'. \ rt'perlJ:lg ~L'r\'i(L' >'-':11"nl i, nUlL, <IT ill>::, (1:1 Ill,' Fl,rds fl',,,, rO!lorrowt:,. . \<'10' 10r \\hiL'11 ::ildl ry fn"tfum,:llt -,'O'Tn: t,) fJ"rl <11\ er by l:::IIJC:f :.\: :my 1l'.!Il'.'hi:' Hi'rm,\er y :n n,~ n:,]] e tJ.JIT j {lI B\\lf(\\\,:r an:, :!':'1lilsi'ir\:) or "de: c ~lin<; well"':;.!~) r Ilflrk'r t'Jr..!g:J;Jh, InJer pJrJ)C:'JpL : ,;.,: :\ Iht' P'''perty '!l'Hl".\ ('T ~J~,dl pa) 11: \111 tilll(' Jir~Tll) 'l'ftJli')l<if:l.;;r"rh 'PJUTI\,TiI'; )\\'l"r"J1J.'!I<.'<:'lll ~'(Ml1 1,llrl-: l:lo:' li,'!1 ,j::> t'.1 ;:>;'':'<:1); IItc' '!: t' "t l:l!; I IlL' 1 iL'~' I f\ IUIIl ,:JiH'lli\ ;l\.l'l iC::1l \.'~ lJ~\' 'lrlC f\r F-.~~<>fli Form 3039 9'90 Mllr 1120 fAti ~~ ,.'~l'; to' 1Ic.o " ~i,'!'-- '::~ .., ::. Hazard u P~orl;'n)' iJ:~LJJn: il~ J]".!cl' U[ !1""Jir.~' !L~t L:IIUe'l r'~(II.lr<" \\ ~Ijd: ,I::JII Ill'! k<;, nr11t'll "I:>I:;nl'(\\'c '\11 ir:"l:rJrk~ ~1:.:l1 J:;.\C l/:,- I i~JI( r;lld pr(':llll:J:l:- ill1e: LL'I1...;el Il~J\ lIlilh- P l':r1c.,\r_{C'ldcr P/"p,:rr: Lhrr;I~'t'..:I I"t'f\;I:r J'. n"l ('(Ll1kJ h'L"clr,;'d (1) lhi~ 5.0": Pr')f'..:ny, 01 Ju." Il '-enJ~'I ![),i\ i.';\lkcl "xIHcd!->j III)<; S<"n: r-nlt,\s Lt'l1Je: r,),rp"De Thi.' due d' llllckr pi..llJglJp!1 21 J,:;Ii;;,~(: lu (II~' PriJp i:IIJII;'JiJk;Y p~ior {( 6. On:upal1L'~', B01":')I\\.'; ~h,,:: l1CClJI thj~ Sl'LUrll)' In\!nl the d;lre of O(Tttpan extenllating CIrcum. PI"Operty. <llIaw the ;JdiO;l 0J I'lUL'lTuim Pn~rc-ly (lr o:herwi cur,' such a default, thilt. III Lender'~ g illl;:Jairmenl nf (hl' I BllrrmH:r, during In (0 pr,-'yj'.k Ll'nl!Cl" \\ tn, repreSCnlJ(JOlh C leasehold, Sotl'OWCI ka"dlitld and II!.: fc 7. Pmtt"diurI I thi~ SeCLlmy Instrll, prvceeding: in b;lI:k ' pJ)' IN whatcyer j, il);:JuJ..: p,lyiug ,jJ:Y r..:J..(lllahk a[lllrnLY~ 7, Lender dL)e~ not ;\t1\' ;lIl~Ollnts S"':":Ulll\ fll'lruJrII:I!l ,:;11(' ill' di~hurst'(ll(, P;IY:llt:lt S, l\-Iortj;!:olle J r:l~:I\.~l:l;;llt. BOff()\, Property fn'lunrnce, lJorrower shall keep tile improvemencs now existing or hereafter erected on (he liillSl loss by fire. hazard.'; included Wilhin lhe leonn "extended coverage" and lIlIY uther ha7ards. inclUding for which Lender requires iUMJnmee. Thi~ insura.ncl.' shall ~ ~11aintail1ed ill the <l.moums and lor the periods The insurance carrieI' pruviuing the insurance shall be cho~lI by Borrower ...uhjecl to Lender's approval unreasonably withheld. If Borrower fails 10 maintain l;QVef~e deserihed ;.J/)ove, Lender may. at Lender':j age 10 prote...'t Lcnucr'!.i rights in the Property in accordance with paragraph 7. pol ide:. and rellc"'-als ..hall be acceptable to Lender IUk.! shall include a standard mortgage dau:>c. lender o hold the pulicic.'\ and renewals. If under requicc:<i, Bnrruwer ~""all promptly give to lender aU n..,.:eipts (If -enewalllotiCO!. In the even! of 105.5., Borrower shall give prnmpt notice to the insurance carrier Wid Lender, onf nf los<;. if not made promptly by Burmwcr. and Uj}rrower otherwis~ a!!fCe ill writing, insuranci' proceeds shall be appli~:d to rc~tnrdtion or repair or Ihe I' the restoration or repair is economically le~tsible and lender's security is nol Ie.'\sened. Iftbe restor,llion or ically fea\iblc or Lcnrler's security would be lessened. the ill~ur,mce proceeds shall be applied to the SUIlL'i ril) IIl!\lrumcnt. whether or nOI then due, with uny C~CC!\s. paid to &rrower, If Borrower nbaudulls the It <l.rlswer within 30 days a notice frolU lender th<l.t the insurance carrier has offered to seulc -II d<l.im, then the insuran(~e proceeds. Lender may use the proceeds to repair or restore the Property or tn pay SUIltS it)' Instrument, whether or Ilullhen due. The 3O-day period will be~in when tllc IK,tice is given. and Borrower otherwise agree in writing, any applic-ation of prlX.'e'eds to pcim:ipal ~hall nOl e'(lend or te of the monthly paymcnls. referred to in paragraphs I and 2 or chl1fl!fc Ille amount of fhe payments. If the Pmpeny is acquired by Lender. Borrower's rigJu to any insurance polic1es and proceeds resulting frOlll rty prior to the acquisition shall pass to Lender to tile extent n~ the sums secured by this Security Instrurnclll the acquisition. Pt'e;cnatioQ, Maintenance and Proft"ctlon of the Propet1Yi Borrower's I..()>>n Appli(~tion; Leaseholds, y, csLallli..h, and use the Property as Borrower's principal residence within siXly days after the execution of ent and shall conelnue to OCCupy the Property Ii;; Borrow....r'" principal residence tor at least one year <Inn y, lInles:; Lendel otllL'!\vj:;.t' ;;gn:c, ill writinl:. which ~'('f1:>e-llt <;hallllot be Utlle,bllllahly "ilbll';],], or IH1!c\, tunu;,,, e."ist whidJ llf!.: I1q'\Irlu Horrowo;'r'" contml Borr')\\t:r "hall lll.lt Jeslroy, Jam;lge nr IInp:lJr lhe PH/perty 10 dclcrior;ue, or commit wmae on lhe Property, Borrower .shall he in ,Iefault jf any forteiture ' whether civil or criminal, is begun that 111 LenJer'5 good f,lith judgment could result in forfeiture of the eo materially impair [he lien created by thi.~ Sl.'l:urily Jns.lrumenl or Lender's <;ecurity interest. Borrower lIla) nd reinstate, as prl)vid~ ill paragraph JR, hy (';lIIsiTlg ,he action or proceeding to be dismissed with a rulil1t' od f:iith Ut:kTlllill<llillfl, prcdlH[e, fi)rfetClIrt <)f rhe H~1fT0\\'el'$ interest ill tilt: Pn'JX:rly or Illhn llI:lrefJ;tl ell created hy this Se~'lIril)' Instrument or Lender';, security imeft::'il. Borrm"'cr shall also be in default if Joan application process, gave materially false or iJlaccumlc infonn3[ion or statements to Lender (or t'ililed ith any material information) in L'tlllncelioll with the loan evidenced by (he Note, including, but !lot limited ncerning Borrower';, occupancy <If the Property as a principal residence. If this Security JnslrulIIcut I;, (1n a ;,kdl comply willi ,Ill (he provision~ of rh.;- lease. ff Borruwer acquire::. ((:1.: title [0 the Propert.\', tIle ritle ,>hall not merge unlt-ss Lender agrees to the mer~er ill writing. { l-ehder's Righls in tbe-I-'roperty. If Bormwel fajls to perform tllC covenant.... and agre.emems comained in enc or Ihere- IS a legal proceeding that may ~jgllifiClUllly aff(.;,,1 Lender's righlS in the Property (such as a ptc)', probate. fOI condemnation or furfcituH: 01' 10 cnforce bw,> or regulations). then Lend~r may do ..Uld necessary to protect the value (If the Propcny and r .ender's right'; in the. Property. Lender's actions JIm)' ;;ums ;,'ccurcd hy a lien which has priority over Ihis Security In~tlUll1elll, appearing ill euurt. paying , fees ;.Jnd enr~ring on the- Property to mak:e repairs. Although Lender may take 'lIL1ioll undcr lnis p.1T<1gr.1pn ave to do so disbursed by lendel' under this pardgr<lph 7 shall become additional debt of Borrower secured by [his Unlc,~s Bnrrtlwer and r .ender agre<' to other lenns of payment, these amounts sh.all bear ink-reSl from tile t at the Note ("<<ire and ,>hall be- payable, with intere,>t, UpOll notice frolll Lender to Borruwcr r(;qlle~ling rn(JI'lgag~' )fI~U";ll'ce ,)~r;lln t(wer;tgt sub (.\1.,1 to Bor~0\\'e: ot ,ulNamiallyequiv'-iJ un\,-tv,TilH" of the y be in ene\.'! Lenje~ SUf'1Ulcc, If Lender rcquirw mortgage in."urance .'is <1 condilion of making the loan secured by this Se..:luity ;r shall pay lhe premiums req\lire.d 10 ma.intain the mongage insurance in etk.:t. If, fQI any reasoll. thl: 'overage required by Lender lapse~ or ceases 10 be in effect. Borrower .~halJ pay the prellliulll~ rcyuin:d tll taneially equivalent to the mongage insurance previously in effC1..1. at a (.;l~t sub;,tamially equivalent to the the mortgage insulUllce pleviously ill t:ffect. from 1111 allt:frIatc uKmgagc insurer ;.Jpproved by l.ender. If llt 1Il0ltgage iusuranct: coverage j, flllt aV::tilahle, Rorrower shall pay to Lender each momh a sum equal to 'rly mortgage Insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to ill accepe, u~ and retain the:;c payments as a loss re:.erve in lieu of murtgage 11I.suralll.:c. Lo;,,, rc,~crvc form 3039 ~/90 f'_Jof6 tOQ' 1120 ,.,\~, 867 ,,-. ~ -. \ri>~~A't~~. "~ .1/'/ ! , '" p;i\1l-_'nl', :llJ,' :1,,1< lkll L':LJ:.:r l(;'-j\.;ir l!IL' Pft:lll:Wl,' kqlll m'lIrdLl'i:',"I,!,i'l;J lJ. In'(l{,Cliu O.ll"fO\\c-! t>"ll,'t' ;1: Ill. COlldt'm nj;',:er be required. <l.t the option of Lender. if llIongll!lc irl"urancc coverage (ill the umoulll amI fOf lhc perioel SJ providct.l by an insurer approved by Lender again becomes availahle and is ohtainerl. Rorrower shall pay c(j In TnlIinlain TIlClttgllge insllr.mce in effect, or (0 provide. a k,ss re.serve, until (he requirement for mortgage tdance wirh any WTirren agreement beJ:wtlt.n Uorrower and Lender or applicable law. . Lender or its agent may make. rea~()nable entries upon and inSplXtions of the Property. Lender shall give he time of or prior to an inspection specifying reasonable cause for the inspection. alion. The proceeds of ally award or claim for dan~es. direct or consequential. in \,'Olluection with lllly ler taking of any l>art of lite Properly. or for l:UtlVe}"l:iIlK.'C ill li"ou uf cundemrwtion, arc hereby ll.\~ipJ{x1 and L ll. lut::d taking (lfLhe Pnlpcrty. l.he proceeds l\hllll he applied 10 the sllms 'Sec1Ired by thi.>; Security Tnstn/mem. due, wi{h any exc("SS paid to Borrower. In the event of a Pil11i:d taking of the Property in which the fair Propeny immedialely be.tore the taking is equal to or greate.r than the amoUnL of the sums secured by this immediately before the laking. unles.'i Borrower and Lender otherwise aJo;ree in writin8. the sums ~ured by llent shaH be redu,,'ed by the amount of the prOCtX.'l.i~ Illuh.iplil..-d by the followill& r~tioll; (a) thc total sccun:u imlllcdialely hcfilre the lHking. divided hy (h) the fair markel, vlIlue of the Properly immedialely fly h;d<lllCe shall be paid to Borrower. In the eV<:'nt of a parti3.1 taking of Ihe f-'roIXtly in which the fair Property immediatel), before the taking is less than the amount ot the sums se.cured immediately before the wer and Lender otherwise agree ill writing or unles~ applicable law otherwise provides. the pnxeeds shall llS secured by this Security fllStrument whether or not the sums are then dUe. i~ abandoned hy Bnrrtlwcr, IIr if, aHer l1uliec by Lemler 10 Borrower dud Ihe \,1IJtdelllll(1f offer,.; lu Ult:lke IIIl aim J(lf damages. Rorrnwcr fails to J"CIlfKll\(l Jo I.emler within 30 days after the date Ihe floli(.'C i:\ given. to collect and apply the proceeds. at its option, eithe_r to rc~ttlration or repair of the Property or to lhe sums rity Instrument, whether or not then due. liltd Borrower otherwise agree in writing, all}' application of proceeds to principnl shall not extend or e <If the monthly payruem~ rcfCrK-tl to ill pari1graph~ r aud 2 ur dU:IIIge the I1l[Klunt of sueh paYllll:Il(.,. Not Relt':lst'd: Furhe<inHl(.e R~ Lt'nclt'r Nut a \Vai't'r. F\fen,inn of the fim,: [pr p;lymenl lOr mp.li[il.;jJioll H~ SUlll, )t"cureJ by tlii~ SenHiry In,tnllll<':m gr:ulted by Lt"mkr to :my sttt'('<'~~llr In 10lercSt 01 U"n'llwc'l. shall the liability of Ihe original Borrov.er or Borrower's Succe,ss<)rs in interest Lender shall not be reqUired to Ig~ aguill~t <Ilty su("ce~rol in inlen.'st or refuse to extend time for payment 'H otherwi-.e modify amortization . I by lhi,,; ScmrTty In~jrlJmen{ hy rC<lSOlI (If ally Jelll:md nude by the original Bmmwer or Bnrmwer's t. Any forbearance by Lender in I"_xercising an)' right or remedy "hall not he a waiver of or prcduJc the (lr remeJy and Assigns Bound; Joint and Sc\'cral Liabilit),; <':o--si~ners_ The CtlV<:,rlJ,nb and agr~ments ot thiS shall hind and nenc(jl thc successors and as.~igns uf L:nd~r aud Borrower. subject to th~ provision~ of ower's covenants and <lgreementR. "hall he jnint and several. Any Borrower who eu..sigm this S~:l.:urity notel:eCUle the NOle: (a) j'i co-signing this Security fnstrumenl only T(1 mortgage, grant :md convey thaI ill th~ Prt1pelly unJer th~ h:rms t'f this St'{.'urity !nslrufI1<:m: lPI is not pc'l",<onally "blig;lte'd III ray rhe Slim, rity In,lrullrl:llt; aud {q "'-grees that Lender and any other Borrower utay agree to extend. nlOdlty. torbear or arion_, with regard In Ihi.: terms of thi~ Security hl.~trul1lcllt lJr the Note without that BOflo'Wl:r'~ consent. rges. Jf the loan secured by this Sc,('urilY lnstmment i~ l\uhject In a law whidl sels maximum IOl;m dlnr~e!>, Ily interpreted ')0 that the interest or olhc.r loan charges ,,'ollectcd or to he eolkelcu III eOflllCCtitlll with the mined limib, then; (a) any such loan charge shall he reduad by (he amount o('-CCSS<iry TO redlll..:e the char!,:c Iii; and (L) allY SUIllS already collected fwm Borrower which e-lceeded permilted hmils will be refunded (0 lUIy chi1(l,,,' u) make Ihis rcfulld by n:ducing th~ prillcipul (lwtXl under (he Note' or by maling a direcl er. If a refund reduce!> principal, the rcductioll will he In:ah::d a~ a partial prepuYlllellt without any nder the Note II)' lIolke tn Borrower provided for in [his Security InslrumeTll snail be given hy dellvering iL or hy mailing Un1es~ applieahle law rcquin.:s use Hf another method, The notice shall be directed 10 the Property Address ss U(1rrower designates by notice to Lender. AllY nutice lo Lc:nder shall be given by first class l11all to ated herein or any Of her address l.cnder c1e.<:ignale.<: hy nOlin; to Borrower. Ally llotice j)1'Ovided (Hr in this ,shall be deemed lO ha\'e been given to Uorrower or Lender when given a~ pmviuaJ ill tlli~ para!!raph. Law; ScvcmbilitJ_ This Security Instrument shall he governed by fe(jeral law ;tOO tilt.: law tlfLhc h the Prnpcny is Itleatoo_ III the CVCIll that any plO\'i~ion or clause of this ~t'ClIrity lnslntmr.nt or 'he Note .-able law, such conflict shall 11m :lffccl other pru"i:.;i{JlL'; of thi~i Security Instrument or the Note which (30 be the contlicting provision. To this end the provi,iolls \If this Securily [nstrument and the Note are d~clared ,...'lk;UJlI_~lh'l: nr m ,it.dl :'''' p.ljJ t\' Lell'. Litlll'l'\,:iIIII \\ltTI1<'r(,r'lilIrht'1 :[j,rk,'[ .,.;ll.e' ,J: tile St\..'\:lIt.\ !mlrJ:1k'nt (iii, St'd.rit-, h~trlJ :nJ,IUJI[ 1\[ (k: 'LllI~ ht'r'r,. rho' 1.1kT1P. , :lkrkd \;duc' ,~' thO' Ld-..jn,;. l:lik" B"lf 1'<2 Jl'plied t,' lh." ~u rr ,ill' P:ilrl~n :1\1:lr,1 IH ~rrr(' ;1 :,. L~nd~r i'; aU;:lc1r;zC( '~~u:-ed bl thi, SC,l l:IL.'::~~ Lt.:llc,,: r'I\~p(lr_\.2 the ,Ii;(.: d:J 11. BarrawE'r oj' amoniz"-tion of t nol Uj.l::l<llc to rel",u. ,-'(I11)II1":)]i.'I..: p[{'i.:~Ldi, <1' 111<' s~lfn,; sel'ur \el'CC$Sors In m:ere e\en;isc OiUll)' righ' 12. SU{'('C~SO St',-~Jn!y !n~;njm~n p:trdftapl1 :7. lioT': llbtru:nc:l1 be( doe Born,,,,'.;:!"' ~ i;Jterc~t ~"'CIIrl'd hy th,' SCL' ma!':,' ar,y ;"'('on~[J:() 13. Loan Ch. .,:lJ th.,t law is fin !\1,,11 C:''':ccd the' per Ii) till' r.::rmill~J Ii Ullfl"O\\ ::'r. r .<:~;-hle~ P,\yDlt.'nt III Borro plefl:')J;ler~1 dj;]1'ge J-I. "utin'!;. ,_ I( b:. fir,t das5 rJ':ll ,'1- .m,\ ,llher Jddr Lem!.:I's i.:dJre~s .', Scc:uritllmtJu:nO;:;l 15. (;uwrnin" jLIrisdli.'tlonulwhi, ~o[lfkt5 Wi::l <i?ph giqO'L effect \\'Jthou '0 he- \ncr<lr>k 16, Borrower 's Cop)". FlOfrnwer shall tx: gi\'cll unc conforllled copy of the Note and of {his 5e-t.'uflfy In~trumcllL Form 3039 9190 l'.ge4of6 iilod l~O PArr 8(lS :H't/EI1 J.... '.;, 11(. ,,; ,,,'. ..'...!'~ '- '7. 'I"ransfer of the Property or a Bf'R('ficiallntercst in Bormwer, rr aU or any part of the Propcn is sold or transferred (or if a heneficial interest in Borrower iJo! Silld or transferred and Borrower i~ nor a na lender's prior written consent. Lender may, at il~ llplion, require immedinte paYllIclll in fUll of all s Security In"tmment. However. this option shall not be exerci.sed by Lender if exercise is prohibited by fed of this Sa'uriry InstrumenL If Under exercises thi.~ UpCillll, {.ellder >hall give Borrower IIl1lice of acceleration. The nOlk'C ""llall pr Ic.~.'! Than 10 dayS from the dtllc {he nOfice is delivered or llll:1ilul within which Borrower 1II11!'," pll)' aU Security InSlrumem. If Borrower fails to pay these f;lJms prior to {he expiration ot this period, Lender may permitted by thh SeI..'Urily Inslmmem without further notice nr demiloo on Borrower. 18. Horrowcr'~ Right '0 Reinstate. If Borrower meets cenain condition:>, Burrower shall hav enforcemenl of thi~ SecurilY Inslrument dbcolltinued 111 any 'ime prior to the earlier of: (a) 5 days (or applicable law 1I1lty specify for reinstatemelll) hcfore_ ~Ie of the Propeny purSlIant IO any power of . Security IIl:<itrument; or (b) entry of ajlldgmcnr. enforcing this Serority Iuslrument. Tho~e conditions tire II . Lender HII sums which then would be Uue under this Security InMrulllcllt and the Note a~ if no Hl'l.'clcrati cures any dcfaull of any other (.""()venanls or agreemenh: (c) pays <111 ex.pcn.~es incurred in enforcing Ihis includillg, hUI not limited to. reasollahle al1orneys' fee,<;; and (d) lakes snch action a.<; Lender Ilmy rca_~ma Ihallhe lien of Ihis Security 11I~lfllment. Lender'~ rights in lhc Propeny and Borrower'~ ohlig<llion 10 pay Ihil'< Security InStfUmelll _slmll continue unchangoo. Upon reinSfatement b.r Borwwcr, thi.. Security obligations secured herchy ...hall remain fully effeeli\'e a.~ if no al'lxleration had O(:(:urred_ However, this ri not .1pply in the case of ae(.-eleration under p<lrugrltpll 17. 19. Sale of Nute; Change of Loan ScniL-er. The Note or <l partial inlcre.st in the Note (togelh Instrument) n'lay bc sold one or more times. wilhnUI prior notice to Borrower. A .~ale may result in a change as the "Loan Servit:t:r~) that wllects monthly payments due under the :"lOll: alK.! this &-,eurity lrt~trulllem, T or more cha.!lRC"i tlf rhe Loan Servicer unrdated to a sale of the Note. If Ihere is a change of the LOlln Servic giVen wrillcn notice of the change in at:curdance wilh paragraph 14 ahove and applicable law. TIll,; Hllliee wi addJ"C1is of the new Loan Servicer and the address to which puyrflCnt<; ShOUld be made. The Ilotice will ,II illfllnnalion required b}' applicahh: law. 2B. Hazardous Substances. Rorrower shall not l..'ause or rennif the presence, use, disposal, storag Ha.l.1lrunus Substance.<; on or in the Propeny. Borrower shall not do, nor allow .Ulyulle else 10 do. an Property that is in violatiOIl of any EnVironmental Law. The preu-ding two sentell(.'c., shall nor apply to t slmage on the Property tlf small quantities of Hazardous Substances that are gencrally recognized to be a residential use~ and to Illltintenance- of the PropeUy. Borrower 1'Ihall promptly giVe lender wriUcn notice of any investigalinn, claim. demand. lawsuiC IIr governmental Ilr rcgula!DI)' agency or priVJ:ltc pilrty im.oh'ing the Property and any Hazardou~ Subslancc or or which Burrower ha.<; actual knoWledgc. If Rorrower learns, or i.s IIl1lified by any gOvernmental or regul any removal ur lither remediation of J:lny Ha:r-ardous Substance affet..1.illg the Property i,,> necessary. RnTTowe allneu::-;sary remedial actions in 0Ct.'11rililnce with Environmental Law. A, Ilserl in tliis pa""~nlph 20, "Hazardous SlIbstanl..'Cs" m~ those substances delincd as IOxic or h EIl...iromnental Law and the fullowing substances: gaSlilillc. kerosene. other tlalllrnahle or toxic petrol peslici(t~ and herbicide~, volatile solvents. material::. containing asbestos or forlllaldchyde. and radioaeti,,'e I thh raragraph 20, "Emirunmental Law" means k'tJcf"lll 13....'S and laws of the jurisdiction where the Pm rdale to health, ::;.afet.)' ur environmental protlXtioll. NON~l'NJFORM COVP.NAN'j'S. Borrower !llId l.ender further ~Ovellallt Hod agree as follows; 21. Acceleration; Rt'mt'Alies. Lender shall gil"t! notice to Borrower IJrior 10 3((eleratiolt fOUlJwing of any covenant or aCrt'ement in this Security Instrument (but nut. prior to acceleration under applkable law pnl\id~ otherwise). Lcudt:'r shall notify Borrower of, among other things: (:.I) the deli required to (lll.C the default; (c) when tile default, must be CUred; >>00 (d) that failure to cu~ (be deta res'llt In at:cclerdlinn of the sums secured b~' this Security Im,lrument, foreclosure b)' judicial proceed Property. Lender shall further inform Rorro\1'er of tbe righl tn reinstate after aecdl.'ration and the ri foretlosUl'C proceeding the non-exfslcnce of:1 defauh or an}' other defense of Borrower lu acceler.'ltJon the default is nul cured as specified. l..endt!r, at its option, may require immediate payment In full of this Securily Jn~tnlment without further demand and rnlilY foreclose this Security Instrument by j Lender shall be entitled to collt't't "n expetIses hlclIrM In pursulnR t.he remedies provided ill I inclUding, but not limited to, altorneys' fees and costs o( title e\'idente to fJl~ t:'xtent pernlitted by aplrli 22, Release. Lp'lln payment of all Slum. SC\;urcd by fhi~ Se<-urity Instrument. (his Set.:urity IlIslTU conveyed .~hall rerminate <lUll herorne VOid. After such occurrence. Lender ,;lIall discharge and sali-"fy This withuul charge to Borrower. Bormwer shall pay any reconlation Costs. 2.1. Waivers. Bon-o.....cr. In the e.Xleot pennittcd hy applicable law, wuivcs and releases allY ermr or de to enfnrtt this Security Instrument, and hereby wa:ivc~ the benetit of any present or future laws providing fo extension of lime, e"emption (nnn aUachme-m. levy and _sale, and homestead CXl..'lTlpfion. 24. Reinstatemt'lit Period. Rl.lfTower.s time to rcimd.ate provided in pamgraph I g shall exlt:lltJ 10 () comtlJCllt'Cmt".nt of bidding at 11 sllcriff's 5..1/e 01' other sulc purlluanr [0 this Security Tm;rrurneot. 25. PUlThase :\10ney Mortgage. If any of the debt secured by this Security Tn:strumern: is lent 10 Bnm: to the Pn.lJ'Crt)', Ihis Security Instl\UUI.'fI( shall be a purchase Ulml(.'Y mongage. 26. Interest Rate After Jud~menl. Harrower agreeii thallhe inte.resl mle pu)'ahlc after a judgmenl j~ or in an actiollllf mortgage toredosurc ~h.a11 be: the rate payable from time to lime unuer the Note. or;I!1\, 1'IIl'fest:1] il ur:t[rl:r,:'I).I\\,lIIlHl[ .'11', ,<.'(llf<.:J 11\ [hi.., .rJ) J:I'-\ :'s i>t (!1;~ d:;re )\"),:1.' ;j ;)cn\)c ,,( rid rlt'h ~',<urcd ~v tlli~ ,n\f);';l'J.n;.!('IT:die, , thl' jidl1 l(' h;J\e uel) (I{i,~~ ;><;,riod ,1, .1,: ":()~lldi rw;i :n lh:~ (Awro\\er: (;.; p2ys '1"1 f:;,d l'~~lIrrrJ; 'bj SO','U ~H\ I n~ :rullll'r.!. ,I-. rl'L:~ir~ 1(1 J.~,UIc: llie 'idlli~ ~tU;rl'J hv ImllUIIlC:JII ,md rhe 'hi [iJ r~'i rl'Lllt' _,h~'_1 ) . \\llh IhlS ~C(uJt;. irl :lw :'111Il\ I ~1l(J\\ n _'re:d':JilL.iVr,Cl'll<: 'r. Bor~lr",'I'~ \\ilf je l..,tatethel;JIl:l:;]IIJ t1C<l:ltJIII::II\ !Hhn (:r !.:k~'L' of :r!1\ t:lin2 :l:r.:~ ling : 'l~' ~l' Ph;,,-:"''':, the. or P:i'I:ri~(f" to (Jun:l,ll (l'llC ,lr~i'Jn 1:)\ i\:W [n\'in1!\I11t;111<:i LJ\\ ilorl 1L1huli(\. flul S:lJ'ILpr":lljJl:.\IJI;, J{)lJ>, ''.Ih,'':wl"(', n\ .UJ~I product';, lnx:~' !;]lcri;jl<.' A" L<.rd i;) ,'n: I, "',',H"J thJt Borruwt:I"" bn'al'h ragraph 17 unIt':';, ult; lb'. the adion [t u,~ ~pl.:l'i(it'd 111;1.\ n~ and ~alc uf the- ~bl (11 <l~~t'rt in the IlId roredo'Url.'. If II SUlm M"nlred b\- J(lil'i(i! proceeding., li~ p:1ragraph .:! 1, <-Ible lil\\'. :em <>lIG tl~-= l".,Llk L'l'~in:: 11:'>11,11[,("11 n'h II: l'i,','::;;Jill _,t;,) ,)f \'\~'~'I~I:"!I <' f~''llr IYI\" 1,' ll~, ''-'t'I'!Il:Lqui'Clil!(" f1~cr<,(~ un 'h<,' ""l!c f'''{M' ~Ol ij form 3039 9-'''0 Eb"oH 11!tJ fME ~f) E>t.HUif'l' ~1 this Security Instrument. If one or more riders are eltectJted by Bortowe-r and recorded together with this the covenams and agreements of each such rider shall be inwrporated into and shall amend and supplement ~rc(:rncll{i'I ur this Security Im'ilrulllcnl 11.'\ ir the riJcr(s) were a part of lhis Security Instrument. X(es)) D Condominium Rider o Planned Unit IJevelopment Rider n Rate Improvement Rider o Othe<(s) [specily] 01-4 Family Riucr o Biweekly Payment Rider D Sec.ond Home l{i~r RELOW, BumlwLT llcccpl<; 1lIld agrees to the tenns and covenants contained in this Security Instrument and too by Borrower and recorded with it. ~~ (Seal) -R,"r'''''lr 0kj.( m &V"<-.- SHEILA M. f!iXNA (Sea}) .Oormwcr (Seal) (Seal; .Borr(lW\:r -lkormW<'r . do hereby certify thallhe C(lrren addre% of ONE SOUTH CENTRE SmEET, POTTSVILLE, PENNSYLVANIA 17901 day of rjp//LTl d' ;1)",~A(~. .,';;:.. (::rOCUr) (' J!e.'llt. Ag~?1 ~.Q~g,g~~{;:" ::r,:; . '..~ C.ounty ~'i: , :: .) ;;t~ . day of March 1993 . before me. the lI~~"igned of~~, /~ Mslrk A. 800va and Sheila M. Boova, his wife ',. . .... ..\,;._..' '..I]<S':.... known to me (or satis.faciurily proven) to:b('o.tf.tt."" .hosenames are. SUb8C~ihedt{!thCWJlhill~inSlr Jne.nn0.j1l1.d.~kno Wled~[~. ',t.heY orlllepurpmeshetemcontamed. j 0 I .! I /:,"" ,.-,' ~HEREOF, I hereunto set my hand and offiCIal 'I {t-,ft( ,I" .,~ fi_ -' \,- ,/ ..:>j'/.<?:.>Z pIres: ----1L _ t. '-- H OF PRNNSYl.V ANIA, Dauphin 3m J'Ul""rorr..."", 1'....6<>'6 form 3039 9190 fc"5i Hao Ii" liTO : c- . \ ',.. I~" ~ 1 . . l~" . .J:~' ; ~"~' .. ~:;~ ~ '.~~~ -"'.-(',,' '<- i ..... ... .~ ,,;/6.:;~~";'-.\,~~_:~~~':: "''''' ,"".-..",,-', ,\ I~~ .-: ~"'n...y'~ni. } 55 ~"<,:-:-.'>~'r!r;nd .- n~"- ~fftu:= 10t" the recording of ., .~JllT'<HIWll Countyft~ ://L!!'.. v,". _ Page !--."j -r-I of on Ii l~w day of $i tUate bounded EXHlBIT4. ALL THAT certain piece or parcel of land township, Cumberland County, Pennsylvania, as follows, to wit: BEGINNING at a polnt an the southern side of a cul-de_sa western end of Lavena Drive, said point beIng located diViding line betwBsn Lot nu_bQr 12 and Lot number 13 hereinafter mentioned Plan of Lots; thence along Lot nu South 14 degrees 50 minutes 22 seconds East forty five a one-one hundredths (45.51} feet to a paint; thence along 12, South 0 degrees 52 minutes 58 seconds West, ninety five-tenths (92.5) teet to a pOint; thence along Lot nUm along a curVe bearing to the left having a radius of 1,08 an arc distance at two hundred six and nineteen-one hu (206~19) feet to H paint; thence along lands now or for Glaise Penna~ Orchards, Inc., North 53 deQrees 16 mi seConds East, thirty three snd three-tenths (33.3) fe pOint; thence along Lot number 14, North 60 degrees 17 m seconds West, two hundred ten and ninety siX-one hu (210.96) teet to a point on the southern sid@ of a cul-d the western end of Lavena Drive; ~hence along said eu! along a curve bearinq to the right, haVing a radius of an arc dist.nee of sixty five and eighty two-one hu (65.82) feet to a POint, the point and place of EEGINNING BEING Lot Nos~ 13 and 13A On the Final SUhdlVision Plan 0 Hollow Farms, recorded September 19, 1975, in the Office Recordin9 of Deeds in and for Cumberland County 1n Plan at page 146. BEING THE SAME PROPERTY formerly cOnVeyed to Mark A. Sheila M. Boava, his wife, by deed dated Nove~ber Thomas J. KrauthQim and Suzanna R. Krautheim, hi~ in the Cumberland County Recorder of Deeds' Office No~ A31, at page 50. .f' .' . bOOr H~ .,\C[ fl'H LEGAL DESCRIPTION All those two certain pieces or parcels of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:- Tract No. I. BEGINNING at a point on the southern side of a cul-de-sac at the western end of Lavena Drive, said point being located at the dividing line between Lot number 12 and Lot number 13 on the hereinafter mentioned Plan of Lots; thence along Lot number 12, South 14 degrees 50 minutes 22 seconds East; forty five and fifty one-one hundredths (45.51) feet to a point; thence along Lot No. 12, South 0 degrees 52 minutes 58 seconds West, ninety two and five-tenths (92.5) feet to a point; thence along Lot number 13A, along a curve bearing to the left having a radius of I, 080 feet, an arc distance of two hundred six and nineteen-one hundredths (206.19) feet to a point; thence along lands now or formerly of Glaise Penna. Orchards, Inc., North 53 degrees 16 minutes 48 seconds East, thirty three and three-tenths (33.3) feet to a point; thence along Lot number 14, North 60 degrees 17 minutes 2 seconds West, two hundred ten and ninety six-one hundredths (210.96) feet to a point on the southern side of a cul-de-sac at the western end of Lavena Drive; thence along said cul-de-sac, along a curve bearing to the right, having a radius of 50 feet, an arc distance of sixty five and eighty two- one hundredths (65.82) feet to a point, the point and place of BEGINNING. Tract No.2. BEGINNING at a point on the Southeastern right-of-way line of a cul-de-sac at the end of Lavina Drive, said point being at the dividing line between Lots number 13 and 14 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 60 degrees 17 minutes 2 seconds East two hundred ten and ninety six-one hundTedths (210.96) feet to a point in the line ofland of Glaise Penna. Orchards, Inc.; thence by said land, South 53 degrees 16 minutes 48 seconds West thirty three and three-tenths (33.3) feet to a point to a point of beginning of the hereinafter described Lot; thence continuing by Glaise Penna. Orchards, Inc., South 53 degrees 16 minutes 48 seconds West one hundred three and fifty two-one hundredths (103.52) feet to a concrete monument; thence by the same South 57 degrees 27 minutes 18 seconds West one hundred forty four and four-one hundTedths (144.04) feet to a point at the dividing line between Lots number 12A and 13A; thence by said dividing line North 00 degrees 52 minutes 58 seconds East one hundred three and ninety two-one hundredths (103.92) feet to a point at the Southwest comer of Lot No. 13; thence by the dividing line between Lots number 13 and 13A, said line being a curve to the right with a radius of l,080.92 feet an arc distance of two hundred six and nineteen-one hundredths (206.19) feet, to a point, to place of BEGINNING. Tract No. I Being Lot number 13 and Tract No.2 Being Lot No. 13A on the Final Subdivision Plan of Sleepy Hollow Fanns, recorded September 19, 1975 in the Office for the Recording of Deeds in and for Cumberland County in Plan Book 26, Page 146. BEING the same two lots which Merle C. Wertz and Hilda L. Wertz, his wife, by their Deed dated March 30, 1983 and recorded in the Office for the Recording of Deeds aforesaid in Deed Book 'C', Volume 30, Page 964, granted and conveyed unto Thomas J. Krautheim, who, with his wife, are the Grantors herein. Also see the Deed from Merle C. Wertz and Hilda L. Wertz, his wife, to Thomas J. Krautheim dated April 29, 1981 and recorded in Deed Book 'J', Volume 29, Page 724. PROPERTY BEING: 522 LAVINA DRIVE File #: 116688 VERIFICATION DEBRA J. BIFARO states that she is VICE PRESIDENT ofM & T MORTGAGE CORPORATION mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 3b~ / / J;)\~0~1 AJ (J ~ ij. 1[ ~ ~ ...... .l::: (j f'- -l::; ~ ~ ~ '0-c) ~ ~ ~ ~ c." ',~=~ 0 CJ"'\ "n L. .-; 8 c::': " [- h1p I _n d". ',:'J N , L 1 'c.~_) 7:1.' , -', , '1 .. , ~-~ ,,,,~ 0 ej ," . , -' -( en ::::J 1'..) .< PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SmTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 M&T MORTGAGE CORPORATION 1 FOUNTAIN PLAZA, 6TH FLR. P.O. BOX 840, NY 14240 BUFFALO, NY 14203 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-2855 MARK A. BOOV A SHEILA M. BOOV A Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MARK A. BOOV A and SHEILA M. BOOV A, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 6/l/05 to 7/26/05 TOTAL $28,301.68 $170.24 $28,471.92 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. fJ~J ~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: qA1 J. ~, ;;{r1tY~/ ~. ;( ro-; PRO PROTHY "--}-. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (2 I 5) 563-7000 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION 1 FOUNTAIN PLAZA, 6TH FLR. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-2855 MARK A. BOOV A SHEILA M. BOOV A Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are 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. (b) that defendant MARK A. BOOV A is over 18 years of age and resides at , 522 LAVINA DRIVE, MECHANICSBURG, PA 17055, (c) that defendant SHEILA M. BOOV A is over 18 years of age, and resides at , 522 LAVINA DRIVE, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. iJ~A ~~ DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW M&T MORTGAGE CORPORATION 1 FOUNTAIN PLAZA, 6TH FLR. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-2855 MARK A. BOOV A SHEILA M. BOOV A Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 0- II :J l' 2005'. By: (ll<c. (J Irl///,,) PUTY If you have any questions concerning this matter, please contact: 1J~ JI ~ DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. ScIunieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71" ,1\"1_7000 M&T MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MARK A. BOOV A SHEILA M. BOOV A Defendants : NO. 05-2855 TO: MARK A. BOOV A 522 LAVINA DRIVE MECHANICSBURG, PA 17055 DATEOFNOTICE:.mr.v12 200~ THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 1-'fWMJ.~PY FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN, HALLINAN AND SCHMIEG By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One PeM Center Plaza, Suite 1400 Philadelphia, PA 19103 (71';) ';1i1_7000 M&T MORTGAGE CORPORATION Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CNIL DIVISION Vs. : CUMBERLAND COUNTY MARK A. BOOV A SHEILA M. BOOV A Defendants : NO. 05-2855 TO: SHEILA M. BOOV A 522 LAVINA DRIVE MECHANICSBURG, P A 17055 DATE OF NOTICE: .rrrr.Y 12 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMFT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET - CARLISLE, PAl 70 13 (800)990-9108 - ..... ""}p y iCMfl~ ! rl/Jp~hA- FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ~ 'l-' .,., -- o v, ~: .4:- lJ o ..0 " -. c- .... -<> -" o ~ () -n ::7 \i\ (... ~ .- "f'-.) c<' 4' -C'" .. ,.0 'e ;".-: C' -. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF M&T MORTGAGE CORPORATION Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MARK A. BOOV A SHEILA M. BOOV A NO. 05-2855 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 'JJ~ JI-1 DANIEL G. SCHMIEG, ES Attorney for Plainti ff C~) -n --{ I', """ ~I ,-.", C'-.' r'.~.' c:;:; - (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 M&T MORTGAGE CORPORATION Plaintiff, v. No. 05-2855 MARK A. BOOV A SHEILA M. BOOV A Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $28,471.92 / Interest from 7/26/05 to DECEMBER 7, 2005 (per diem -$4.68) $627 .12 and Costs TOTAL $29,099.04 J}~JfJ~ DANIEL G. SCHMIEG, ES IRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. , " on on on on 00 r- r- .... .... << "'''' c5c5 ~~ ;;J;;J lQlQ 0000 uu .... .. ~::S Z ~~ o~ 0 ::d::d Z .. uu 00> Eo-< "'""'" <..... 0 ;;J ~~ "'";>< .. U -0 ~ " .....00 "'"~ ~~ t': "'z << ><: .. tt: >> " Zz 0 "'" ::I ~ ~~ '" 0"," >> ., <= " ~ 00 ~ Q ~~ .n ~'" 0"C QQ >. ~ . 0 00 .. << oj 01: lQa: Eo-< .. .... zz e u ~ ..e~ ~~ ~i: .. .. '" uz "'" > >> .... ~ ~ " ~;;J " ~~ << g- OO < ~gs" J~ .......... 0- Eo-<u " ot:: N N " ~ ~ Q N N .... ~Q on on " ;;J~ "'"6 ..r:: 0 00 :::: Sea '" ~ Ui ~ .. u '" " Eo-< ~ -i:i .... "'""'" -0 ::dlQ oCl " -0 - < Eo-<~ ~ .~ '" (l.; Z;;J "u DESCRIPTION All those two certain pieces or paTcels ofland situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and dcscribed as follows, to wit- Tract No. I. BEGINNING at a point on the southern side of a cui-de-sac at the western end of Lavena Drive, said poinl being IOCllled al the dividing line between LoI number 12 and LoI number 13 on the hereinafter mentioned Plan of Lots; thence along Lot nUlTlber 12, South 14 degrees 50 minutes 22 seconds East; forty five and lilly one-one hundredths (45.51) feet to a point; thence along Lot No. 12, South 0 degrees 52 minutes 58 seronds West, nil1<'ty two and five-tenths (92.5) feel to a point; thence along Lot number 13A, along a curve bearing to the left having a radius of I, 080 feet, an arc distance of two hundred six and nineleen..,nc hundredths (206.19) feet to a poinl; thence along lands now or fonnerly ofGlaise PelllUl. Orchards, Inc., North 53 degrees 16 minutes 48 seconds East. Ihirty three and three-tenths (33.3) feet to a point; thence along Lot number 14, North 60 degrees 17 minutes 2 seeonds West, two hundred ten and ninety six-one hundredths (210.96) feet to. point on the southern side of a cul-<ie-sac at the western end of Lavena Drive; thence along said cul-de-sac, along a curvc bearing to the right, having a radius of 50 feet, an an: distance of sixty five and eighty two-one hundredths (65.82) feet to a point, the point and place of BEGINNING. Tract No.2. BEGINNING at a point on the Southeastern right-of-way line of a cul-de-sac at the end of Lavina Drive, said point being at the dividing line between Lots number 13 and 14 on thc hereinafter mentioned Plan of Lots; thence along said dividing line South 60 degrees 17 minutes 2 seconds East two hundred ten and ninety s.ix-one hundredths (210,96) feet to a point in the line of land of Glaise Penna. Orchards, Inc.; thence by said land, South 53 degrees 16 minutes 48 seconds West thirty three and three-tenths (33,3) feet to a point to a point of beginning ofthc hercinafter described Lot; thenee continuing byGlaise Penna. Orchards, lnc., South 53 degrees 16 minutes 48 seconds West one hundred three and fifty two-one hundredths (103.52) feet to a concrete monument; thence by the same South 57 degrees 27 minutes 18 seconds West one hundred forty four and four. one hundredths (144.04) feel to a point at the dividing line between Lots number 12A and 13A; thence by said dividing line North 00 degrees 52 minutes 58 seconds East one hundred three and ninety two-one hundredths (103.92) feet to a point at the Southwest C<JITIer of Lot No. 13; thence by the diVlding line between Lots number \3 and l3A, said line being a curve to the right WIth a radIUS of 1,080.92 feet an arc distance of two hundred six and nineteen-one hundredths (206.19) feet, to a point, to place of BEGINNING. Tract No. I Being Lot number \3 and Tract NO.2 Being Lot No. 13A on the Final Subdivision Plan of Sleepy Hollow Farms, recorded September 19, 1975 in the Office for the Recording of Deeds in and for Cumberland County in Plan Book: 26, Page 146. BEING the same two lots which Merle C. Wertz and Hilda L. Wertz, his wife, by their Deed dated March 30, 1983 and recorded in the Office for the Recording of Deeds aforesaid in Deed Book 'C, V olumc 30, Page 964, granted and conveyed unto Thomas J. Krauthcirn, who, with his wife, are the Grantors herein. Also see tbe Deed from Merle C. Wertz and Hilda L. Wertz, his wife, to Thomas J. Krautheim dated April 29, 1981 and recorded in Deed Book T, Volume 29, Page 724. Being Parcel # 42-27-1886-\36A RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mark A. Boova and Sheila M. Boova, his wife, by Deed from Thomas J. Krautheim and Suzanne R. Krautheim, his wife, dated 11-19-84, recorded 12-3- 84 in Deed BonkA-31, page 050. PREMISES BEING: 522 LAVINA DRIVE, MECHANICS BURG, P A 17055 " ~ -l:. '" . v- ...... C ~ a ~ f' ~ 1-1 ~ t " r; ~ r ~ ..(:, ~--,.' .... -0-; ." ...... }' .. .. - " c; <;-. ...c (/\ r,.) ." r c~} -\ g -"-1 C> - . ..J.-". r....) a r,) ....,.,: """ ~' f' :0 '2' ~ % ,t 't '" ~ Co ~ "' ~ ~ ~ 1\ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-2855 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, intcrest and costs due M&T MORTGAGE CORPORATION Plaintiff (s) From MARK A BOOV A SHEILA M BOOV A 522 LAVINA DRIVE MECHANICSBURG, P A 17055 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you arc directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 28,471.92 L.L. $0.50 Interest FROM 7/26/05 TO 12/07/05 (PER DlEM-$4.68) $627.12 Atty's Comm % Due Prothy $1.00 Atty Paid $ 134.14 Plaintiff Paid Date: JULY 28, 2005 Other Cos1s Pro (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG ESQIDRE Address: ONE PENN CENER AT SUBURBAN STATION 1671 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court JD No. 62205 M&T MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MARK A. BOOV A SHEILA M. BOOV A CIVIL DIVISION NO. 05-2855 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,522 LAVINA DRIVE, MECHANISCBURG, PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK A. BOOV A 522 LAVINA DRIVE MECHANICSBURG, P A 17055 SHEILA M. BOOV A 522 LAVINA DRIVE MECHANICSBURG, P A 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSVILE, PA 17055 4. Name and address ofJast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRST UNION NATIONAL BANK 301 S.COLLEGE STREET, NC 0630 CHARLOTTE, NC 28288 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 522 LAVINA DRIVE MECHANISCBURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofJ8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 26.2005 DATE 'f}~ ->> A DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff ;;:; c..:.> C~-l () -rJ .-0 :-;-:-- rii 1",) C:. r,,) ,'::) 'i"'0 M&T MORTGAGE CORPORATION Plaintiff, CUMBERLAND COlJNTY v. No. 05-2855 MARK A. BOOV A SHEILA M. BOOV A Defendant(s). July 26, 2005 TO: MARK A. BOOV A 522 LAVINA DRIVE MECHANICSBURG, P A 17055 SHEILA M. BOOV A 522 LAVINA DRIVE MECHANICSBURG, PA 17055 "THIS FlRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 522 LAVINA DRIVE, MECHANISCBURG. PA 17055, is scheduled to be sold at the Sheriff's Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $28.471.92 obtained by M&T MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R,C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3, You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRIPTION All those two certain pieces or parcels ofland situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as folloW>!, 10 wit:- Troct No. I. BEGINNING at a point on the southern side ofa cul-de-sac at the western cnd of Lavena Drive, said point being located at the dividing line between Lot number 12 and Lot number 13 on the hereinafter mentioned Plan of Lots; lhence along Lot number 12, South 14 degrees 50 minutes 22 seconds East; forty five and fifty one-one hundredths (45.51) feet 10 a point; thence along Lot No. 12. South 0 degrees 52 minules 58 seconds West, nir>ety two and five-lenths (92.5) feet to a point; thence along Lot nwnber 13A, along a curve bearing 10 the left having a radius of I, 080 feet; an arc distance of two lnmdrcd six and ninetee:no()lJe hundredths (206.19) f""t to a point; thence along lands now or formerly of Glaise Penna. Orchards, Inc., North 53 degrees 16 minntes 48 seronds Eas1. thirty three and three-tenths (33.3) feet to a point; thence along Lot number 14, North 60 degrees 17 minutes 2 seconds West, two hundred ten and ninety silt..,ne hundredtbs (210.96) feet to a point on the southern side ofa cul-de-sac at tbe western end of Lavena Drive; thence along said cul.de-sac, along a curve bearing to the right, having a mdius of 50 feet, an arc distance of sixty five and eighty two-one hundredths (65.82) feet 10 a point, the point and place ofBEGJNN1NG. Tmct No.2. BEGINNINO at a poinl On the Southeastem right-of-way line of a cul-de-sac at the end of Lavina Drive, said point being at the dividing line between Lots number 13 and 14 on thc hereinafter mentioned Plan of Lots; thence along said dividing line South 60 degrees 17 minutes 2 seconds Easltwo hundred ten and ninety six-one hundredths (210.96) feel to a point in the line of land of Glai.. Penna. Orchards, Inc.; thence by said land, South 53 degrees 16 minutes 48 seconds West thirty three und three-tenths (33.3) feet to a point to a point of beginning ofthc hereinafter described Lot; thence continuing by Glaise Penna. Orchards, Inc., Soutb 53 degrees 16 minutes 48 seconds West one hundred three and fifty two-one hundredths (103.52) feel to a concrele monument; thence by the same South 57 d~es 27 minutes 18 seconds West one h1.Uldred forty four and four- one hundredths (144.04) feet to a point at the dividing line between Lots number 12A and 13A; thence by said dividing line North 00 degrees 52 minutes 58 seconds East one hundred three and ninety two-one hundredths (103.92) feet to a point at the Southwestoomer of Lot No. 13; thence by the diVIding line between Lots number I3 and 13A, said line being a curve 10 the right with a radius of 1,080,92 feet an arc distance of two hundred six and nineteen-one hundredths (206.19) feet, to a point. to place of BEGINNlNG. Tract No. I Being Lot number 13 and Tracl No.2 Being Lot No. I3A on the Final Subdivision Plan of Sleepy Hollow Farms, recorded September 19, 1975 in the Office for the Recording of Deeds in and for Cumberland County in Plan Book 26, Page 146, BEING the same two lots which Merle C. Wertz and Hilda L. Wertz, his wife, by tbeir Deed daled March 30, 1983 and recorded in the Office for the Recording of Deeds aforesaid in Deed Book 'C', Volume 30, Page 964, gran led and conveyed unto Thomas J. KIauthcim, who, with his wife, arc the Grantors herein. Also see the Deed fttlm Merle C. Wertz and Hilda L. Wertz, his wife, 10 Thomas J. Krautheim dated April 29, 1981 and recorded in Deed Book 'J', Volume 29, Page 724, Being Parcel # 42-27-1886-136A RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mark A. Boova and Sheila M. BooV1l, his wife, by Deed from Thomas J. Krautheim and Suzanne R. Krautheim, his wife, dated 11-19-84, recorded 12-3- 84 in !.ked Book A-31, page 050. PREMISES BEING: 522 LAVINA DRIVE, MECHANICSBURG, P A 17055 (~~' .... r'", .. ~:,' L.__ , c.r' C) -.1 .-1 T ~ I "I c.. r...,) r- ~"'- -:-: ~.) r:) r'....::. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA M&T MORTGAGE CORPORATION ) CIVIL ACTION ) vs. MARK A. BOOV A SHEILA M. BOOV A ) CIVIL DIVISION ) NO. 05-2855 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) 88: I, DANIEL G. SCHMIEG, ESQUIRE attorney for M&T MORTGAGE CORPORATION hereby verify that on 7/27/05 true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: November 3, 2005 /'.\ /., ~' ~--J _ .C__.. ..C ..,_ DANIEL G. SCHMIEG, ESQUIRE / Attorney for Plaintiff ~/- . M&T MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MARK A. BOOV A SHEILA M. BOOV A CIVIL DIVISION NO. 05-2855 Defendant(s). AFFIDA VII PURSUANT TO RULE 3 I 29 (Affidavit No. I) M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,522 LAVINA DRIVE, MECHANISCBURG. PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARKA. BOOVA 522 LAVINA DRIVE MECHANICSBURG, PA 17055 SHEILA M. BOOV A 522 LAVINA DRIVE MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSVILE, PA 17055 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRST UNION NATIONAL BANK 301 S.COLLEGE STREET, NC 0630 CHARLOTTE, NC 28288 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 522 LAVINA DRIVE MECHANISCBURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Julv 26. 2005 DATE If)~ JI J~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff ~.; I ,... ~- s ~ ~ ~ ~ ~ ~ '"' '" -.l '" v. ... V' '" ~ ~. n - V. ... V' '" - <=> ;:.z ~l ~^ ~ "'0 ~ ~ if> (I' n 0 3" .. z c: 3 cr Cl) ~ ~:;l ~ ~ ~ -l 8 '8 '"' . K@. ... ~ 3 < Z ... , ~ . \\.3 l':I ~ 3, ~ ;<l ~ ,. ,,~ ?> ~ ~ ~n ~ !!; o ^ (') ~~ to ... 0 ~ 0:9. ~ 0 g % 91~ l':I trl . ~ ~ Z Z )> \1 z ,... . )> ~ .... 51 . 0 ~ r ~ . ~ 0 ... 0 ~ 0 , ~ ~ r./l Z r./l ~ ~ en v. "" ~ := '" ~ 0 2 ... '" ~ ~ ;'? "" .:'" t""' " ~ - )> r./l ~ ,. H '" ~ -< ~ '" s:: !!; ';; , 'f.. '" * -'!.?: I:"l )> ~ ~ ~ w l':I t:l ~ '" .... - ~ ;;;: Z en .... ~ . -<: ~ (; en rn 0 0 0 0:1 Iil ~ t" ~ ~ () "{i [:;; ;<l S ~ g I:"l () ~: '" I:"l ... ~ ~ l':I ... >-< en F ... ~ ~ Q - V' i~t~~ ~ 0 Z l':I l':I ~ ~ 0 "Vl;l'" g ~ !"l () ~ ~ ~...S;;1n. ~ wi' ~? Z t'i g; :-. Ji;' () '"ti ~ e;~.~.g-~. '" ... )> ~ ~ ~ ~ !a. 6 g ~ () - -' _. b'l""" 0 W en -.l ~ U> ~ ..... J" <=> 0 8' go-<: -< v. .... . 5 ~ "" < [~.~o'l . () F v. 0 ~ ',:;: 0- := !"l to g.-g"E ~~ ~ 0 ~ ;UH ... ;l- X 0 ... '" ~ ~::< ~ g ~ -.l '" ~ '" --J s~g::l~ .... '" 0" 'Il"ggig- !"l '" ~ () is ii ~ z ~ ^ ^ ~ () a @'~ ~ .... ~.~ ~ g. "" r./l r./l & .... '" a' .... '" ,... g,aS:$ "" ~ rn a ~ ~~ "" "" ~ g-g C\ )> ~~ ~ ~ , ~ "" -.l -~ ~ )> <=> ~ g.~~. ... - :;'''""'5 w .g g ~; -.l - g",ai 0 v. ~H", s, - t ~ ~ 0 ~ ;:: ': :::l ~. 1;\ ~ <s-t-~POs,.~ :i -f;;>< . ~ ~ ~r . l\^~~ t:l~O;; -. . D r== ~p."",;:l . z ~.::: 'A!IIflI!&JI8t'---='' ~.?g. lHj~~ . :) ...--- p\"lNf\f l\ovvt:~ ....~ . 021A $ 01.500 ~ '" ):: 8~ . 0 . : 0004300377 JUL 27 2005 ~ii~t ~v,'-g.~ . MAILED FROM ZIP CODE 19103 i ~ g' I \ I I I I I I I I I I II o..z ...",-" ","'-9 '" " '" :::I ~ ~ "'- '" =' ~ "'- ",-0'" ::r"":3"" ~~o; o..__"'O~ " 0 g )> %g",z "''r10~ " . G "'i"'" >,,!l:r _5",t:; \o(D......-L; o.Q-~> v.> crZ ,:...g'Ei?:> ~E..c;rUl .t:>-~E5(') U"i ~ CI)~ "0..01 ~ 6. > r:r. t:i ... 0 [Tl ,,(j1::l0 ~ t: . ,,_. - = ~ , =" . '" _ r l'P..J:::>. i-o 2a g . ~ t:C I~ . , ~:.. ~., <::..~. ~~:;~ n "11 --l --(- H'i :-:r:; r.- --;-+;f-r, -I~ C> ',~~ 1~1 ..'r, =~ :: ~~; t' -< c:) .....-: o :~? r".) r-....) f'J M & T Mortgage Corporation VS Mark A. Boova & Sheila M. Boova The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2855 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 29, 2005 at II :15 AM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Mark A. Boova and Sheila M. Boova, by making known unto Mark A. Boova, personally and husband of Sheila M. Boova, at 522 Lavina Drive, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2005 at 2:58 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 Mark A. Boova and Sheila M. Boova located at 522 Lavina Drive, Mechanicsburg, 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 defendants, to wit: Mark A. Boova and Sheila M. Boova, by regular mail to their last known address of 522 Lavina Drive, Mechanicsburg, PA 17055. These letters were mailed under the date of October 06, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage 30.00 31.01 30.00 30.00 .50 1.00 19.20 4.42 30.00 40.00 l.ll Law Journal Patriot News Share of Bills 809.00 534.17 20.89 $1581.30 Sworn and subscribed to before me c:- This .ii/-day 0 ~~~ R. Thomas Kline, Sheriff 2006, A.D. ~ \. ~ 5J.C,'?G VJ P-u' 1'731. 8;2/ , .M&1' MORTGAGE CORPORA nON CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS MARK A. BOOV A SHEILA M. BOOV A CIVIL DIVISION NO. 05-2855 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3] 29 (Affidavit No. I) M&T MORTGAGE CORPORATION, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,522 LAVINA DRIVE, MECHANISCBURG, PA 17055. I. Name and address of Owner( s) or reputed Owner( s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARK A. BOOV A 522 LAVINA DRIVE MECHANICSBURG, PA 17055 SHEILA M. BOOV A 522 LAVINA DRIVE MECHANICS BURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICS VILE, PA 17055 ., I 4. Name and address oflast recorded holdcr of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) FIRST UNION NATIONAL BANK 301 S.COLLEGE STREET, NC 0630 CHARLOTTE, NC 28288 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 522 LAVINA DRIVE MECHANISCBURG, PA 17055 Domestic Relations of Cumberland County 13 Nortb Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Julv 26,2005 DATE 'f1~ J!j Ar~ DANIEL G. SCHMIEG:~ Attorney for Plaintiff , M&T MORTGAGE CORPORATION Plaintiff, CUMBERI,AND COUNTY v. No. 05-2855 MARK A. BOOV A SHEILA M. BOOV A Defendant{s). July 26, 2005 TO: MARK A. BOOV A 522 LAVINA DRIvE MECHANICSBURG, P A 17055 SHEILA M. BOOV A 522 LAVINA DRIVE MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THA T PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at, 522 LAVINA DRIVE, MECHANISCBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $28,471.92 obtained by M&T MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement wiJl be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. 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 canceJled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563- 7000. 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 Sherif] the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 , DESCRIPTION All those two certain pieces or parcels oIl and situate in Upper Allen TOI'mship, Cumberland County, Pennsylvania, bounded and described as follows, to wit:- Tract No. I. BEGINNING at a point on the southern side of a cuI-de-sac at the w<:stem end of Lavena Drive, said point being located at the dividing line between Lot number 12 SlId Lot number 13 on the hereinafter mentioned Plan of Lots; thence along Lot number 12, South 14 degret's 50 mmutes 22 seeonds East; forty five and fifty one-one hundredths (45.51) feel to a point; thence along Lot No. 12, South 0 degrees 52 minutes 58 seconds West, nin<oty two and five-tenths (92.5) feet to a point; thence along Lot number 13A, along a curve bearing to the Icft having a radius of 1,080 feet, an arc distance of two hundred six and ninetccn-<>ne hundred1hs (206.19) feet to a point; thence along lands now or formerly orGlaise Penna. Orchards, Inc., North 53 degrees 16 minutes 48 seconds East, thirty three and three-tenths (33.3) reet w a point; thence along Lot number 14, North 60 degrees 17 minules 2 seconds West, two hundred ten and ninety six-one hundredths (210.96) feet to a point on the southern side of a cul-de-sac at the western end of Lavena Drive; thence along said cul.de-sac, along a curve bearing w the right, baving a radius of 50 feet, an arc distance of sixty five and eighty two-one hundredths (65.82) feel to a point, the point and place of BEGINNING. Tract No.2. BEGINNING at a point On the Southeastern right-of-way line of a cul-de-sac at the end of Lavina Drive, said poinl being at the dividing line between Lots number 13 and 14 on the hereinallcr rnentioned Plan of Lots; thence along said dividing line South 60 degrees 17 minutes 2 seconds East two hundred ten and ninety six-one hundredlhs (210.96) reet to a poinl in the line of land ofGlaise Penna. Orchards, Inc.; thence by said land, Soulh 53 degrees 16 minutes 48 seconds West thirty three and three-tenths (33.3) feet to a point to a poml of beginning oflhc hercinafter described Lot; thence continuing by Glaise Penna. Orchards, Inc., South 53 degrees 16 minutes 48 seconds West one hundred three and fifty two-on.e hundredths (103.52) feet to a concrete monument; thence by the same South 57 degrees 27 minutes 18 seconds West one hundred forty four and four. one hundredths (144,04) feel to a point at the dividing line between Lots nwnber 12A and 13A; thence by said dividing line North 00 degrees 52 minutes 58 seconds East one hundred three and ninety two-one hundTedths (103.92) feet toa point at the SOUlhwest comer of Lot No. 13; thence by the diVIding line between Lots number 13 and 13A, said line being a curve to the right with a rodlUs of 1,080.92 feet an are distance of two hundred six and nineteen-one hundredths (206.19) feel. to a point, to place ofBEGINNlNG. Tract No. I Being Lot number 13 and Tract No.2 Being Lot No. 13A on the Final Subdivision Plan of Sleepy Hollow Farms, recorded September 19, 1975 in the Office for the Recording of Deeds in and for CumberlSlld County in Plan Book 26, Page 146. BEING the same two lots which Merle C. Wertz and Hilda L. Wertz, his wife, by their Deed dated March 30, 1983 and recorded in the Office for the Recording of Deeds aforesaid in Deed Book 'C'. V 01ume 30, Page 964, granted and conveyed unto Thomas J. Krautheim, who, with his wife, are the Grantors herein. Also see the Deed from Merle C. Wertz and Hilda L. Wertz, his wife, to Thomas J. Krautheim dated April 29, 1981 andreeorded in Deed Book '1', Volume 29, Page 724. Being Parcel # 42-27-1886-136A RECORD OWNER TITLE TO SAID PREMlSES lS VESTED IN Mark A. Boova and Sheila M. Boova, his wife. by Deed ITom Thomas J. Krautheim and Suzanne R. Krautheim, his wife, dated 11-19-84, recorded 12-3- 84 in Deed Book A-31, page 050. PREMISES BEING: 522 LAVINA DRIVE, MECHANICSBURG, P A 17055 .1-( ') .J_' ---- - ---------- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N005-2855 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, inlerest and costs due M&T MORTGAGE CORPORATION Plaintiff (s) From MARK A BOOV A SHEILA M BOOV A 522 LAVINA DRIVE MECHANICSBURG, P A 17055 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 28,471.92 L.L. $0.50 Interest FROM 7/26/05 TO 12/07/05 (PER DIEM-$4.68) $627.12 Atty's Comrn % Due Prothy $1.00 Ally Paid $ 134.14 Plaintiff Paid Date: JULY 28, 2005 Other Costs j2~~ (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG ESQIDRE Address: ONE PENN CENERAT SUBURBAN STATION 1671 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 ..,., . ,.A, '"" ''\ . '\; .~ ....:.:..".~. r") ~ 3' 70,'.')' n:G - ') 1- ,: :: L 'Ji,' (.~; J /.-' " C!!> c;;;, c::;;;) ~ GV t;;;;J Real Estate Sale #31 On September 07, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, P A Known and numbered as 522 Lavina Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 07,2005 By: JCdL( \iH.I..H1 Real Estate Sergeant 1 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} 5S Joseph A. Dennison, being duly 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 of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot. News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, Connty and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever SInce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared 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 pnnted notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY ore me this 23rd day "fNovember 2005 A.D. I NOTARiAL SEAL i Terry 1.. Russell. Notory Public ~ity of Harri:;t;urg. Dauphin County My COiTlJTlissk;.n Eli: . ~ June 6, 2006 1M. ,nor'POnn'YI'rdQli INolad., //-~f!/2k ~?;~b NOTARY BLlC My conunission expires June 6, 2006 Sworn to and s I CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 O'!:'.^'_ c:c::...../'I....~ ~.^'_~ ......,.?.. 'N'dt Ph::" :.'ons- 1%'; C ivd Term M & f Mortqage- '('" p. Ii Mark i~. 8 ~-;t 'i:8 h" E, 'ova Atty: Daniel Schmieg ")f.SC~\pnON ALL trl(l'i,: t,., ,~ltall_ ;Jh:U' pJ.i((~h of land situatc In lip;',:' \lll-r ]',\\11\,1 'p. Cumberland Coumy. Pcnns', I' ania. h'ulI;'~d 'lId descnhed as follow!'., 1'.\ WIt TRACT NO I BEGI:~t,iV;,;t;1 polint on the southern ,id~ 01:1 wl-dc ,ae ,Jl lh,: we\tem end of Lavena Dril'c. said pOI:lt tlciJl):' located at the dividing line 11l~lwel'n I'lt ~ulnl>er J2 and Lot Number 13 on the hereinafter melltlllned Plan of Lots; thence alnnj.' Lot :--.iuml>er P. South 14 degrees 50 Ininu1Cs 22 s{'<,onth [':a,l: forty-five~nd fifty olle one-hundredth.. 14\'ill fect to a pomt; thence along I d~1l 2. S,ltJth () degrees 52 minutcs 5H -,t"'f'li.l \Vc~L i\!nc:~ t\~1l and five tenlhs (92.5) teet to a point; thence along Lot Number lJA, along a curve Ix:aring 10 the left having a talhll'i of 1,\)8\\ fcet an arc distance or two hundred ,i\ Jnd ninct~~n on~-hundredths (206.19\ led to a point thence aJong lands now or fannedy ofGlat,c Penna. Orchards. Inc., North 53 degrees 16 minute, 48 ,cennds East, thiny three :md \hre!: tenlh, 1.1,3J)fw \() a pl)inl~ Ihence along Lot Number 14. North 60 degrees 17 minutes 2 seconds West, two hur:drcd h,-~ and ninety six one- hundredths (210.96l feet to a p;)inl on the southern side ofa cul-de-sac at thcwe,tem end of Lavena Drive~ thcrv;:e av'mg ~aid ml-dnac. ahmg a CUr'fC bearing to the tight, having a "lills of 50 feet, an arc distance of sixty five and eighty twO one. hundrcdths (65.S2) fcettoa point the poimand place of BEGL'iNING TRACT NO, 2: BEGL\l~(NG <it'J jXlim \m. \he Southeastern right-of-way line ofa cuJ.de.sac at !he end of Lavina Drive. said P()illt roeing at the dividing tine belween Lots :-\urnber 13 and 14 on the hereinafter mentioned Plan of LOIS: thence along said dinding line South 60 degrcc\; 17 minutes 2 ~ccllnds East two hundred ten and ninety six one-hundredths (210.96J feet to a poim in the line orland of Glaise Penna. Orchards, Inc.; thence hy said land, South 53 degrees 16 minutes 48 seconds West thiny three and three-tenths 03..1) feet to a point of beginning ilf the hereinaticrdescrihed 1...11: lhence continuing by Glaise Pern\a. On:hard" Inc.. SOu1h 53 degrees 16 minutes 4X seconds West onchundred three and fifty two (me-hundredths (103.52) feet to a concrete monument thence hv 'be same South 57 Uegrees27minutes18secon~Westonehundred forty foor and four one-huniliedths (l44.M) feet tll a point at the dividing linc bet;.vecn Lots Num-bcr l2A and 13A; thence by sai..!. Jividing line North 00 degree, 52 minutes 58 seconds East one hundred three and ninctv two one-hundredths (10192} feet to a \loim ill the S\\uthwL'St comer of LOlNo. 13;lhence by the dividing line between lois Number IJ and l3A, said line being a curve to the right with a radius of 1,080.92 feet an arc distance of two hundred six and nineteen one- hundredths (lOt'>. 19) fcrt, ltl a point. the place\lf BEGINNING. 1fact No.1: Being Lot Number 13 and Tract No, 2 Being Lot No. 13A on the Final Subdivision Plan of Sleepy Hollow Farms, reconied September 19. 1975 in the Office of the Recording of Deeds in and for Cumberland County in Plan Book 26. Page 146. BEllm the- same- two lots which Merle C. Wertz and Hilda L. Wertz, his wife, by their Deed dated March 30, 1983 and recorded in the Office for the Recording of Deeds aforesaid in Deed Book 'C', Volume 30, Page 964, grantc':; and conveyed unto Thomas 1. Krau\bcim, whn, \\;lh his wife, are the Grantors herein. Also see the Deed from Merle C. Wet1l: and Hilda L. Wenz, his wife. to Thomas J Krautheim dated April 29. !91H and recorded in DetdBook T, Volume 29, Page 724. BEING Parcel #42.27-IRB6-136A. TI11E TO SAID PREMISES is vested in Mark A. Boova and Sheila M. Boova. his wife, by Dml from Thomas 1. Krautheim and Suzanne R. Krautheim, his wife, dated 11-19-R4, rerordcd .12-3-84 in Deed Book A-3L page 050 PREMISES BEING' 522 Lavina Drivc, M",'h~n;,""h".." PA 17/1"" 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, V1Z: 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 true. ~ _'It/; C} -- sa Marie Coyne Editor SWORN TO AND SUBSCRffiED before me this 28 day of October, 2005 ~..:~~~i~J~~PA/ ; N A . Sbi,~. 1 , t LO!S E. SNVD!:(l. ",jutSrv:; "":: j j Ca,tii,:~:e 8,- ~,..ro. C,i,rr.b,:o~i::tnO I:: .:'1" \ r ("il;Wii'-Slc,n ~>(,i(('",i,:~'\~,:;:! 5_ ?n:'....; ! _~""W" ..,,, -".'.. . -.> -,_.. ,- _._"-.,~.~-,~,",>>_.>. .. --.,-' REAL ESTATE SALE NO. 31 a point of begirming of the heTe1naf~ teT described Lot; thence continu- ing by Glaise Penna. Orchards. Inc., South 53 degrees 16 minutes 48 seconds West one hundred three and fifty two-one hundredths {l03.52} feet to a concrete monu- ment; thence by the same South 57 degrees 27 minutes 18 seconds West one hundred forty four and four-one hundredths (144.04) feet to a point at the dividing line be- tween Lots number 12A and I3A- thence by said dividing line North 00 degrees 52 minutes 58 seconds East one hundred three and ninety two-one hundredths (103.92) feel to a point at the Southwest comer of Lot No. 13; thence by the divid- ing line between Lots number 13 and 13A, said Hoe being a curve to the right with a radius of 1,080.92 feet an arc distance of two hundred six and nineteen-one hundredths (206.19) feet. to a point, to place of BEGINNING. Tract No. 1 Being Lot number 13 and Tract No. 2 Being Lot No. l3A on the Final Subdivision Plan of Sleepy Hollow Farms, recorded September 19. 1975 in the Office for the Recording of Deeds in and for Cumberland County in Plan Book 26, Page 146. BEING the same two lots which Merle C. Wertz and Hilda L. Wertz, his w1fe, by their Deed dated March 30, 1983 and recorded in the Of~ fice for the Recording of Deeds aforesaid in Deed Book 'C'. Volume 30, Page 964, granted and conveyed unto Thomas J. Krautheim, who, with his wife, are the Grantors herein. Also see the Deed from Merle C. Wertz and Hilda L. Wertz, his wife, to Thomas J. Krautheim dated April 29, 1981 and recorded in Deed Book 'J', Volume 29, Page 724. Writ No. 2005.2855 Civil M & T Mortgage Corporation VS. Mark A. & Sheila M. Boova Atty.: Daniel Schmieg DESCRIPTION All those two certain pieces or parcels of land situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:- Tract No. 1. BEGINNING at a point on the southern side of a cul- de-sac at the western end of Lavena Drive, said point being located at the divtding Hne between Lot num- ber 12 and Lot number 13 on the hereinafter mentioned Plan of Lots; thence along Lot number 12, South 14 degrees 50 minutes 22 seconds East; forty five and fifty one-one hundredths (45.51) feet to a point; thence along Lot No. 12, South 0 degrees 52 minutes 58 seconds West, ninety two and five~tenths (92,5) feet to a point; thence along Lot number 13A, along a curve bear- ing to the left having a radius of 1,080 feet, an arc distance of two hundred six and nineteen-one hun- dredths (206.19) feet to a point; thence along lands now or formerly of Glaise Penna. Orchards, Inc., North 53 degrees 16 minutes 48 seconds East, thirty three and three-tenths (33.3) feet to a point; thence along Lot number 14, North 60 degrees 17 minutes 2 seconds West, two hundred ten and ninety six-one hundredths (210.96) feet to a point on the southern side of a cul-de-sac at the western end of Lavena Drive; thence along said cul~ de-sac, along a curve bearing to the right, having a radius of 50 feet, an arc distance of sixty five and eighty two-one hundredths (65.82) feet to a point. the point and place of BE- GINNING. Tract NO.2. BEGINNING at a point on the Southeastern right -of- way line of a cul-de-sac at the end of Lavina Drive, said point being at the dividing line between Lots num- ber 13 and 14 on the hereinafter mentioned Plan of Lots; thence along said dividing line South 60 degrees 17 minutes 2 seconds East two hundred ten and ninety six-one hun- dredths (210.96) feet to a point in the line of land of Glaise Penna. Orchards, Inc.: thence by said land. South 53 degrees 16 minutes 48 seconds West thirty three and three-tenths (33.3) feet to a point to Being Parcel #42.27.1886-136A. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Mark A. Boova and Sheila M. Boova, his wife, by Deed from Thomas J. Krautheim and Suzanne R. Krautheim, his wife, dated 11-19-84, recorded 12-3-84 in Deed Book A-31, page 050. PREMISES BEING: 522 LAVINA DRIVE. MECHANICSBURG. PA 17055. . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215) 563-7000 M&T MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DIVISION PHS#: 116688 v. MARK A. BOOV A SHEILA M. BOOV A NO. 05-2855 CUMBERLAND COUNTY PRAECIPE TO VACATE JUDGMENT AND MARK THE ACTION DISCONTINUED AND ENDED WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly vacate the Judgment, which was entered on or about 07/28/05 in the amount of $28,471.92, and mark this case discontinued and ended relative to the instant matter. May 31,2006 () r;.-. r-:1 = C..=> 0'"' '- c:: -~ ..- .~( w , N o ..,., .--1 ""1:...,-, file -0 en, '0\' ,,:,~ <:t\ ~.~~~ S J:.~ ~ :r-~ ---":'''"' _!c'," <?