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HomeMy WebLinkAbout05-3033 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 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. OS" -3m3 C;o~f... c,-~ v. CUMBERLAND COUNTY HAZEL F. STONE A/K/A HAZEL F. WILLARD 6113 HA YMARKET WAY MECHANICSBURG, PA 17050 Defendant 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 LA WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING ALA WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA Y BE ABLE TO PROVIDE YOU WITH INFORMA nON 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 170I3 (800)990-9108 File #: ll7831 File #: 117831 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 MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. 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. I. Plaintiff is ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2. The name(s) and last known addressees) of the Defendant(s) are: HAZEL F. STONE A/K/ A HAZEL F. WILLARD 6113 HAYMARKETWAY MECHANICSBURG, P A 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 02/24/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1855, Page: 3697. 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. Fi1c#: 1]7831 6. The following amounts are due on the mortgage: Principal Balance Interest 01/01/2005 through 06/09/2005 (Per Diem $15.59) Attorney's Fees Cumulative Late Charges 02/24/2004 to 06/09/2005 Cost of Suit and Title Search Subtotal $96,830.10 2,494.40 1,225.00 185.08 $ 550.00 $ 101,284.58 Escrow Credit Deficit Subtotal 0.00 0.00 $ 0.00 TOTAL $101,284.58 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 ofIntention 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 daters) set forth thereon, and the temporary stay as provided by said notice has tenninated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 101,284.58, together with interest from 06/09/2005 at the rate of $15.59 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: LINAN & SCHMIE~ . Is/Francis S. ~all::f~ ~ L WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 117831 ')lP~'13~ r-lc; 15tJ'1 L0,l \ "j3EFn p 71;:-~lt:R . ... ...u ')~I' .')"0' - ... , ~',r~'J: ,\' tR ;)F DEEDS ;,1t:ERlMiD COUI/TY-r' " ','/ i':iiH ? F:r~ 11 15 When recorded mail to: ABN AMRO MORTGAGE GROUP, INC. P.O. BOX 5064 TROY, MICHIGAN 48084 ATTN:FINAL/TRAILING DOCUMENTS IO-ICf - I~04- 32~ LOAN t: [Space Above This Una For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3,11,13,18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Seclion 16. (A) "Security Inslrumenl" means this document, which is dated FEBRUARY 24, 2004, together with all Riders to this document. (B) "Borrower" is HAZEL F. STONE, AN UNMARRIED WOMAN. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is ABN AMRO MORTGAGE GROUP, INC. PENNSYLVANIA-Single Family.-Fannle MaG/Freddie Mac UNIFORM INSTRUMENT <k) 1999-2002 Online Documents, Inc. Page 1 of 16 Initials: ~-2lJ:'l Form 3039 1/01 PAUDEED PAUDEDL 0211 BK I 8 5 5 PG 3 6 9 7 Lender is a CORPORATION laws 01 DELAWARE. 2600 W. BIG BEAVER RD., TROY, MICHIGAN 48084. LOAN #, 643134480 organized and existing under the Lender's address is Lender is the mortgagee under this Security Instrument. (D) "Nole" means the promissory note signed by Borrower and dated FEBRUARY 24, 2004. The Note states that Borrower owes lender * '" *.. * *NINETY SEVER THOUSAND EIGHT HUNDRED FIFTY AND NO/IOO****************Ir************ Dollars (U.S. $97,850.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full notlaterthan MARCR 1, 2034. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this S'1curity Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: DAdjustable Rate Rider DCondominium Rider D Balloon Rider i:x::J Planned Unit Development Rider D 1-4 Family Rider D Biweekly Payment Rider D Second Home Rider D Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect oflaw) as well as all applicable final, non-appealable judicial opinions. (I) "Communlty Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer"means anytransferoffunds, otherthanatransaction originated bycheck, draft, or similar paper instrument, which is initiated through an eiectronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credrt an accoun!. Such term includes, but is not limited to, point-ol-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or pro- ceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation: or (iv) misrepresentations of, or omissions as to, the value andlor condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or defauit on, the Loan. (N) "Periodic Paymenl" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. /\ J Initials: ~~~ 'GfL Form 3039 1/01 PENNSYLVANIA-Single Family--Fannle MaQlFreddle Mac UNIFORM INSTRUMENT @ 1999-2002 Online Documents, Inc. Page 2 of 16 BK J 855 PG 3 6 98 PAUOEDl LOAN " 643134480 (0) "RESPA" means. the Real Estate Settlement Procedures Act (12 U.S.C. ~2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended Irom time to time, or any additional or successor legislation or regulaUon that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even ffthe Loan does not qualify as a "Iederally related mortgage loan" under RESPA. (P) "Successor In Inleresl 01 Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligaUons under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment ofthe Loan, and all renewals, extensions and modificaUons 01 the Note; and O~ the performance 01 Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the lollowing described property located in the COUNTY IType of Recording Jurisdiction} of CUMBERLAND [Nama of Recording Jurisdiction}: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address 01 6113 HAYMARKET WAY, MECHANICSBURG, Pennsylvania ("Property Address"): {S".et] [C'vl 17050 flip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part 01 the property. All replacements and additions shall also be covered by this Security Instrument. All 01 the loregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised 01 the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering reat property. ~ JJ Initials: ~ Form 3039 1/01 PENNSYlVANIA-Single Femily.-Fannlo MaelFreddie Mac UNIFORM INSTRUMENT @ 1999.2002 Online Documents. Inc. Page. 3 of 16 PAUDEDl BK I 8 5 5 PG 3 6 9 9 LOAN .: 643134480 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paymenl of Principal, Interest, Escrow Items, Prepayment Charges, and Lele Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, rt any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified cheek, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment rt the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. "Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. "not applied eariier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became dUe. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. "more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments rt, and to the extent that, each payment can be paid in full. To the extent that any excess exists aller the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over ~hi~ Securi~{ns){u~nt In~t.~als: .m~ PENNSVLVANIA-Single Family--Fannle Mae/Freddlo Mac UNIFORM INSTRUMENT Form 30391/01 @ 1999.2002 Online Documents, Inc. Page 4 of 16 PAUDEDl BK I 8 5 5 PG 3 7 0 0 AFFIDAVIT OF SERVICE PLAINTIFF ABM AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY ptlB{SMC No. 05-3033 DEFENDANT(S) HAZEL F. STONE AlKJA HAZEL F. WILLARD ACCT. #0643134480 SERVE HAZEL F. STONE AlKJA HAZEL F. WILLARD AT 6113 HAYMARKET WAY MECHANICSBURG, PA 17050 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 7, 2005 SERVED Served and made known to ;/61:z.e.l F Sfor-.'l't. ,Defendant,onthe ,~) off- day of ~1 ,20~ atS".' ;-0, o'clock {!-.m, at 6//3 fI (~f..el k::J'1' M ~ C.~""N'1 t.~ Iou.-':) ,~onnnonwealth of Pennsylvania, in the manner described below: ---$- Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(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 Defendant(s)'s office or usual place of business. an officer of said Defendant( s)' s company. Other: Description: Age S- I, "Jv~,..,t L )..., G<(.~ a true and correct copy ofth the address indicated above. I II 1.11 L )Jo (~.> Height 57 Weight /tfO Race~Sex Other S ~. a competent adul~ being duly sworn according to law, depose and state that I personally handed otice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at NOTARIAL SEAL LUClLE H. CARTY. =NIo My 10~ NOT SERVED On the day of ,200_, at o'clock _.m, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1.t Attempt: { { Time: 2nd Attempt: { / Time: 3rd Attempt: / { Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 2 ;:; i:P r?!f1" Z:J? V>.']". ~c; j'- , ' ..b c: ~ ~ ~ "'" ~ ~~ ~ ! CP "'1..,- ::r:.,.\ ~ %~ (.0) "'" ;, ~ o - . LOAN #, 643134480 as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, ff any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow l1ems." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, II any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow l1em. Borrower shall promptly furnish to Lender all notices 01 amounts to be paid under this Section. Borrower shall pay Lenderthe Funds for Escrow l1ems unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, ff Lender requires, shall furnish to Lender receipts eVidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuanllo a waiver, and Borrowerfails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9to repay to Lender any such amount. Lender may revoke the waiver as toanYOrall Escrow Items at anytime by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficienllo permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, II Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. II there is a shortage of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA. but in no more than 12 monthly payments. 11th ere is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthl~ p~ymenth ~ ">.. \ InJ.t1.als: ~u:...c1 PENNSYLVANlA--Single Family--Fannle Mae/freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 @ 1999.2002 Online Documents, Inc. Page 5 of 16 PAUDEDL BK I 8 5 5 PG 3 7 0 I LOAN fl, 643134480 Upon payment in full of all sums secured by this Security Insfrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Uens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument. leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extenlthat these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part ofthe Property is subjectto a lien which can attain priority overthis Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage,. and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services: or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remap pings or similar changes occurwhich reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to mai~tain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shali bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. ()\ /\. t\ Initials: ~U~ Form 30391/01 PENNSYLVANIA--Single Family-Fannie Mao/Freddl8 Mac UNIFORM INSTRUMENT @ 1999.2002 Online Documents. Inc. Page 6 of 16 PAUDEDL BK , 8 5 5 PG 3 7 0 2 "t;: I, LOAN #, 643134480 All insurance policies required by lender and renewals 01 such policies shall be subject to lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name lender as mortgagee and/or as an additional loss payee. lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, lor damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair 01 the Property, if the restoration or repair is economically leasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satislaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series 01 progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interestto be paid on such insurance proceeds, Lendershall not be required to pay Borrower any interest or earnings on such proceeds. Fees lor public adjusters, or otherthird parties, retained by Borrower shall notbe paid outoltheinsurance proceeds and shall be the sole obligation 01 Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security instrument, whether ornot then due, with the excess, ilany, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, lender may file, negotiate and settle any avaiiable insurance claim and related matters. II Borrower does not respond within 30 days to a notice from Lenderthat the insurance carrier has offered to settle a claim, then lender may negotiate and settle the claim. The 30- day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any relund 01 unearned premiums paid by Borrower) under all insurance policies covering the Property, insolar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then dUe. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence lor at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservallon, Maintenance and Proteclion of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repairor restoration is not economically1easible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeq..,~~"aid in Initials: ~ PENNSYLVANIA-Single FamiJy-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 @ 1999-2002 Online Documents. Inc. Page 7 of 16 PAUDEDL BK I 855 PG 3 7 03 if};1-A LOAN I, 643134480 connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only ~ Lender has released proceeds for such purposes. lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. It the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved ot Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior ot the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application, Borrower shall be in detault if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or tailed to provide Lender with material intormation) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In lhe Property and Rights Under this Security Instrument If (a) Borrower fails to perform the covenants and agreements conlained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or torfeiture, tor entorcement ot a lien which may attain priority over this Security Instrument or to entorce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay tor whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value ofthe Property, and securing and/ or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court: and (c) paying reasonable attorneys' tees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date ot disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. It this Security Instrument is on a leasehold, Borrower shall comply with all the provisions ot the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed Of terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. It Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10, Mortgage Insurance. It Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. if, for any reason, the Mortgage Insurance coverage required by Lender ceases to be ava~la~le from tAAm.5l{tg~e In1tl.als: ~~a1. PENNSYLVANIA-Single Family--Fannle Mao/Freddio Mac UNIFORM INSTRUMENT Form 3039 1/01 @ 1999.2002 Online Documents, Inc. Page 8 of 16 PAUDEDl BK I 8 5 5 PG 3 7 0 4 .h1Iit>' LOAN .1 643134480 insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount ot the separately designated payments that were due when the insurance coverage ceased to be in effect. lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the tact that the loan is ultimately paid in tull, and lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and tor the period that Lender requires) provided by an insurer selected by lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums tor Mortgage Insurance. It lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums tor Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non- refundable loss reserve, until lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) tor certain losses it may incur iI Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on tenns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements, These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result ofthese agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate ot any at the toregoing, may receive (directly or indirectly) amounts that derive tram (or might be characterized as) a portion of Borrower's payments tor Mortgage Insurance, in exchange tor sharing or modifying the mortgage insurer's risk, or reducing losses. It such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often tenned "captive reinsurance." Further: (a) Any such agreements will nol affect the amounts lhal Borrower has agreed to pay for Mor1gage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will nol entl1le Borrower to any refund. (b) Any such agreements will nol affectlhe rights Borrower has .If any. with respect to lhe Mortgage Insurance underlhe Homeowners Protecllon Act of 1998 or any other law. These rights may Include the rlghlto receive certain disclosures, to request and obtain cancellallon of the Mortgage Insurancoy to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums thaI were unearned at lhll lime of such cancellallon or termination. . (),\ ^- }. Init1.alsl ~~-'J PENNSYLVANIA-Single Family-Fannie Mae/Freddi9 Mac UNIFORM INSTRUMENT Form 30391/01 @ 1999-2002 Online Documents, Inc. Page 9 of 16 PAUDEOL BK I 8 5 5 PG 3 7 0 5 LOAH #, 643134480 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair olthe Property, ilthe restoration orrepairis economically feasible and Lender's security is nollessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to Ihe sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value olthe Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall'be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value olthe Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. lithe Property is abandoned by Borrower, or if, after notice by Lenderto Borrowerthalthe Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lenderwithin 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this ~ec.urity InsA~menl. ifhe In1t1als: ~ '\~ PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 lC> 1999-2002 Online Documents, Inc. Page 10 of 16 PAUOEDL BK I 8 5 5 PG 3 7 06 "1,:' I: t~ 11: '''! LOAN II 643134480 proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization ofthe sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preciude the exercise of any right or remedy. 13. Joint and Several Uablllty; Co.slgners; Successors and Assigns Bound. Borrower cov- enants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Securlly Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging ofsuch fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. n the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limll; and (b) any sums already collected from Borrowerwhich exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment wllhout any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrowerwill constitute a waiver of any right of action Borrower might have arising out of suct;4>~ercharlle. Initials: ~~ PENNSYLVANlA-Single Family--Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 <tl199g-2002 Online Documents, Inc. Page 11 of 16 PAUOEDL BK I 8 5 5 PG 3 7 07 :-'''11 ii f~i: ~.1>- LOAN II 643134480 15. Nollces. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrowerwhen mailed by first class mail or when actually delivered to Borrower's notice address ifsentby other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address underthis Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to lender until actually received by Lender. II any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabillly; Rules of Conslrucllon. This Security Instrument shall be . governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and ofthis Security Instrument. 18. Transfer of lhe Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract orescrow agreement, the intent of which is the transferoftitle by Borrower at a future date to a purchaser. II all or any part ofthe Property or any Interest in the Property is sold or transferred (or ff Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Rlghllo Reinstate After Accelerallon. II Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any po~er of sn cRt'.tay.ed Inl.t.l.alsl ~4 PENNSYLVANIA-Single Family--Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 @ 1999-2002 Online Documents. Inc. Page 12 of 16 PAUDEDl BK 1 8 5 5 PG 3 7 0 8 "'.:..,. 'i. LOAN t. 643134480 in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as ifno acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged, Lender may require that Borrower pay such reinstatement sums and expenses in one or more ofthefollowing forms, as selected by Lender: (a) cash; (b) money order; (c) certified cheek, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as ~ no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18, 20. Sale of Note; Change of Loan Servicer; Nollce of Grievance, The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might beone or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change ofthe Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or thaI alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section f 8 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21, Hazardous Substances. As used in this Section 21; (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, orwas!es by Environmental Law and the following substances: gasoline, kerosene, other flammable orloxic petroleum products, toxic pesticides and herbicides, volalilesolvents, materials containing asbestos or formaldehyde, and. radioa<;li,,'o(!' ~tel\lls; Inl.tl.alsf ~--6 PENNSYLVANIA-Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 ctl1999-2002 Dnnne Documents. Inc. Page 13 of 16 PAUDEDL BK I 8 5 5 PG 3 7 0 9 - ;~ ><1P'W LOAN #: 643134480 (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condttion" means acondition that can cause, contribute to, orothelWise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condttion that adversely affects the value ofthe Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance oflhe Property (including, but notlimtted to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim. demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall glvo notice to Borrowerprlorlo occoleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Secllon 18 unless Applicablo Law provides olherwise). Lender shall notify Borrower of, among othorthlngs: (a) the defaull; (b) the action required to cure the dofault; (c) when the default musl be cured; and (d) tha1fallure to cure the defaultas speclfled may result In acceleration of the sums secured by this Security Inslrument, foreclosure by JUdicial proceeding and sale of tho Proporty. Londor shall furthor Inform Borrowor of1he rlghtto relnstato aftor acceleration and the right 10 assort In the foreclosure proceodlng the non-exlstence of a defaull or any other defense of Borrowerlo accelorallon and foreclosure_If the dofault Is not cured es specified, Londor at lis option may require Immodiato paymonlln full of all sums secured by this Security Instrument wlthou1further demand and may foroclose this Security Instrument by Judicial procoeding. Londor shall be entiUed to collect alloxponses Incurred In pursuing the remedies provided In this Saction 22, Including, but not limited to, attorneys' fees and cosls of 1IIIe evidence to the extent permitted by Appllcablo Low. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shaft discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Walvors. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby w~iv.es the f1.Eir:tefi~of \\ny In1t~als: ~..r4 PENNSYlVANIA.-Single Family-Fannl. Ma./Freddle Mac: UNIFORM INSTRUMENT Form 3039 1/01 @ 1999.2002 Online Documents, Inc. Page 14 of 16 PAUDEDL BK I 8 5 5 PG 3 7 I 0 f\'''''' ';;-)(4.. " nUi.1 r.1i LOAH #: 643134480 present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale. and homestead exemption. 25. Relnslalemenl Period. Borrower's time to reinstate provided in Section 19shan extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Inlerest Rate After Judgment. Borrower agrees thalthe interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. ~7-9/d, ~d-.~ HAZEL STONE (Seal) PENNSYLVANIA~Single Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT @ 1999-2002 Online Docum8nts.lnc. Page 15 of 16 Form 3039 1/01 PAUDEDL BK I 8 5 5 PG 3 7 I I /i)(/:1l'8' I" , '-tj~ ,~\\ LOAN .: 643134480 Certificate of Residence I, do hereby certify that the rrect address 01 the within-named Mortgagee is BEAVER RD. TROY MICHIGAN 48084 '1 'V ~, 4 d!!?Off- 2600 W. BIG Witness my hand this day of On this the /. HAZEL F. STOllE , known to me (or satisfactorily proven) to be the person subscribed to the executed the same In witness whereof I hereunto My commission expires: NOTARIAL SEAL SHARON A, RODA, Nolary Public City of Lancas1er, Lancaster County M Commission Expires ApriJ 10,2007 Title of Officer / PENNSYLVANIA-Single Family..Fannie Mae/Freddie Mac UNifORM INSTRUMENT @ 1999-2002 Onnne Documents, Inc. Page 16 of 16 Initials: Fonn 3039 1/01 ~,0-.1 PAUDEDL BK , 855 PG 3 7 I 2 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected situate on the west side of Haymarket Way, located in Hampden Township, Cumberland County, Pennsylvania, said tract ofland being shown as Lot No. 39 on a final plan of Hampden Court, Phase 2, prepared by GMZ Associates, Inc., recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 50, page 125, said tract being more fully bounded and described, as follows: BEGINNING at the northernmost comer thereof, at a point on the south right-of-way line of Haymarket Way, being a corner of Lot No. 38; thence extending along Haymarket Way, on a line curving to the left, having a radius of225.00 feet, an arc length of21.22 feet, a chord bearing of South 88 degrees 09 minutes 09 seconds East, a chord distance of21.22 feet to a point at a corner of Lot No. 40; thence extending along the same, South 17 degrees 38 minutes 46 seconds East, a distance of 134.59 feet to a point in line of Playground Area (Tract 4); thence extending along the same, South 72 degrees 21 minutes ]4 seconds West, a distance of20.00 feet to a point at corner of the aforementioned Lot No. 38; thence extending along the same, North 17 degrees 38 minutes 46 seconds West, a distance of 141.67 feet to the place of BEGINNING. PROPERTY BEING: 6113 HAYMARKET STREET BEING THE SAME PREMISES which Barbara S. Smith, f/k/a Barbara S. Gillenwater and Ernie J. Smith, wife and husband, by deed dated May 30, 1996 and recorded May 3], ] 996 in the Recorder's Office in and for Cumberland County, PA in Recorded Book 140, page 186, granted and conveyed unto Hazel F. Williard, now known as Hazel F. Stone. File #: ] ]7831 VRRIFICA nON Katrina Dupuy hereby states that he/she is LOAN ADMINISTRATION OFFICER of ABN AMRO MORTGAGE GROUP, INC. mortgage servicing agent for Plaintiff in this matter, that he/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 his /her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of I 8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ~;7F- p 'iq, 8 -p ~ 0 ....' ~ 0 c-::>- \:\- c::> c:~ ::;J' .... - (~... :1::::u ~ :;'<.',;,: "'r- -orn ~ 0 -hQ -- (..J W Sj(~ f" 1-..J -J -:-':~{ "'" <ao !C ~ p- :-f:: .,~> rTI W - c) ~ - _^::"~ .- -:;>0 (,.J ~ (',.J'1 ~~ Cl --r- 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., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ABM AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3033 HAZEL F. STONE AlKlA HAZEL F, WILLARD 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 HAZEL F. STONE AlKJA HAZEL F. WILLARD and, 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 6/10/05 to 7/26/05 TOTAL $101,284.58 $732.73 $102,017.31 I hereby certifY that (1) 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, ES Attorney for Plaintiff / IRE DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~/R~ PRO PROTHY " DATE: Q,I. :2 ~ 4005 I . 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 Peml Center Plaza, Suite 1400 Philadelphia, PA 19103 (711) 11il.7000 ABN AMRO MORTGAGE GROUP, INC. Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY HAZEL F. STONE AIKJ A HAZEL F. WILLARD Defendants : NO. 05-3033 TO: HAZEL F. STONE AlKJA HAZEL F. WILLARD 6113 HAYMARKET WAY MECHANICSBURG, PA 17050 DATE OF NOTICE: .m! Y ! 2 200.. THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN AITEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR TIlAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TIllS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT 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 MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIlER 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 MAYBE 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, PA 17013 (800)990-9108 FilE CQPY ..." , 1Aro-,) fl.d I ~dit~L--y" FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 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 ABM AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05.3033 HAZEL F. STONE AlK/A HAZEL F. WILLARD Defendanl(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 ofthe 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 HAZEL F. STONE A/KJ A HAZEL F. WILLARD is over 18 years of age and resides at, 6113 HAYMARKET WAY, MECHANICS BURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. fJ~ J/...J~ DANIEL G. SCHMIEG, ESQU E Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ABM AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-3033 HAZEL F. STONE AlK/A HAZEL F. WILLARD Defendant{s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 1:}.1.I;U 2005/. By: t]~t;"I/2. ~ If you have any questions concerning this matter, please contact: travwJJ~a DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA,PA /9103-1814 (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. ** ( ~ f F- ~ ..t::; -t. -- \-> .. .... "'. Co ~ \ "" .0 -.\ '^'- % ..;:. , "-' 0<1 <:> If'... - C) \.-- r-' t-:~ c:-;;\ c.;'"\ (-:> -Y't .-1 -il,~~ c_ (".< r....~' co -n r<) f".) {>--. - 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 ABM AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION HAZEL F. STONE AlK/A HAZEL F. WILLARD NO. 05.3033 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. ;f)wwJ )JI.~ DANIEL G. SCHMIEG, E VIRE Attorney for Plaintiff t"-...) ~.~':J. =) crt c) -0 :::;1 ;.',--; ['.' C:J f',) f"') -.J ----- (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 ABM AMRO MORTGAGE GROUP, INC. Plaintiff, v. No. 05-3033 HAZEL F. STONE A/KIA HAZEL F. WILLARD Defendant(s ). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $102,017.31 Interest from 7/26/05 to DECEMBER 7, 2005 (per diem -$16.77) $2,247.18 and Costs TOTAL $104,264.49 J}wv:J $ J ~ DANIEL G. SCHMIEG, E DIRE 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. $ <::> r- ~ ~ Q.< ~ ~ '" ~ ~ % ~ ~ ~ o~ v .;. % ~ 'Q>;>: ~ ..... "i ~~ ~ ~ ~ ~ ~ Ii< ~~ \ Q.<'" ~ if> ~~ ~ ~a 2> ~ ~S ~ '$t ~ 0'" .., e ~~ ';tl ~a <-t. ~ ~ if> ,;, 'i) r,)7< '" ;> \l ~~ ';tl ~ ~~ ~ ~ ~~ .... P- Or,) ~ ~ '" ~ 0'" ~ ~ ~~ ~i 'J:i ';l~ ~ ~ t'""' VA e~ '0 '" ~ Ii< ~ 'i :a ~\.:l ~ ~ :? ~ ""'~ I""' ~ Q.< ~';l r,) ';tl DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected situate on the west ,jJc of Haymarket Way, located in Hampden Township. Cumberland County, Pelmsylvania. said (raet of land being shown as Lot No. 39 on a final plan of Hampden Court, Phase 2. prepared by GMZ Asso<:iates, 1m;.. recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. in Plan Book 50. page 125. said tract being more fully bounded and described. as fullows: BEGINNING at the northernmost comer thereof, at a point M the south right-o!Cway line of Haymarket Way, being a comer of Lot No. 38; thence extending along Haymarket Way. on a iine curving to the left. having a radius of 225 .00 feet, an arc length of 21.22 feet, a chord bearing of South 88 degrees 09 minutes 09 seeonds East, a chord distance of 21.22 feet to a point at acorner of Lot No. 40; thence extending along Ihe same, South 17 degrees 38 minutes 46 seconds East, a distance of 134.59 feet to a poinl in line of Playgronnd Area (Tract 4); thence extending along the same, South 72 degrees 2\ minules 14 seconds WeSl, a distance of20.00 feet to a point at comer of the aforementioned LoI No. 38; thence extending along the same, Nortl117 degrees 38 minutes 46 second West, a distance of 141.61 feet to the pla<Xl of BEGINNING. BEING THE SAME PREMISES which Barbara S. Smith. flkfa Barbara S. Gillenwater and Ernie j. Smith, wife and husband, by deed dated May 30. 1996 and recorded May 31. 1996 in the Recorder's Oftice in and for Cumberland County, PA in RecQrded Book 140. page 186, granted and conveyed unto Hazel f. Williard, now known as Hazel f. Stone. Being Parcel # 10-19-1604-328 T1TI.E TO SAID PREMISES IS VESTED IN Hazel f. Stone, an Adult Individual, by Deed from Hazel P. Williard, Now known as, Hazel F. Stone, dated 2-24.04, recorded 3-2-04 in De-cd Book 261, page 4581. PREMISES BEING: 6113 HA YMARKET WAY, MECHANICSBURG, P A 17050 ..., CJ \:::.';,~-' <:::::> .1 "".l\ .-1 ~ c~ -.,'. h1 ~ r- ~ \....,) C .. ~ -':", "-' dOl - 0 ..... oS> -- c:.,? <:- V-, ~, N 0<> i3 -. en ~ - '" ; ~~; ~ ;\ 1': \:":. ~ ~ )- ?- (0 ';l. ~ '" -. lJ', v, . "'- <.r <:; 'cl WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-3033 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABM AMRO MORTGAGE GROUP INC Plaintiff (s) From HAZEL FSTONE AlK/AHAZEL FWILLARD 6113 HAYMARKETWAY, MECHANICSBURG, P A 17050 (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) (2) Vou 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) Ifproperty 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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. AmountDue $102,017.31 L.L.$ 0.50 Interest FROM 7/26/05 TO 12/07/05 (PER DIEM $16.77) $2,247.18 Atty's Corom % Due Prothy $1.00 Atty Paid $117.40 PD ATTY Plaintiff Paid Date: JULY 28, 2005 Other Costs Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQURIE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 ABM AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS HAZEL F. STONE A/K/A HAZEL F. WILLARD CIVIL DIVISION Defendant(s). NO. 05-3033 AFFIDA VII PURSUANT TO RULE 3129 (Affidavit No. I) ABM AMRO MORTGAGE GROUP, INC., 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 .6113 HA YMARKET WAY, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HAZEL F. STONE A/KJA HAZEL F. WILLARD 6113 HA YMARKET WAY MECHANICSBURG, PA 17050 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) None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 6113 HA YMARKET WAY MECHANICSBURG, PA 17050 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 of18 Pa. e.s. Sec. 4904 relating to unsworn falsification to authorities. Julv 26, 2005 DATE "" C'~ C) r:::-l C,n ,"1 C .-1 :r~ j"'-- ril C, .) c::; ~-\ "'-.' ) ~. - C ._.J C", ABM AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY v. No. 05-3033 HAZEL F. STONE AfKJA HAZEL F. WILLARD Defendant(s). July 26, 2005 TO: HAZEL F. STONE AlKJA HAZEL F. WILLARD 6113 HAYMARKET WAY MEeHANICSBURG, PA 17050 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATJON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVJOUSLY 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, 6113 HAYMARKET WAY, MECHANICSBURG, PA 17050, 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, PA 17013, to enforce the court judgment of $102,017.31 obtained by ABM AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.ep., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to 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 tl judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 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 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 ofthe 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 mav 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 THAT CERTAIN tracl of land with improvements thereon erecled situate on the wesl side of Haymarkel Way, located in Hampden Township, Cumberland County, Permsylvania, said lrllClof land being shown as LOI No. 39 on a final plan of Hampden Court, Pbase 2, prepared b)' GMZ Associates, Inc., =oroetl in lbe Office oflbe Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 50, page 125, said tracl being more fully bounded and described, as follows; BEGINNING at Ihe norlhernmost comer thereof, ala poinl on the south righl-of.way line of Haymarket Way, being a comer oflol No. 38; thence extending along Haymarket Way. on a line cUlVing 10 the left, having a radius of 225.00 fee~ an are length of 21.22 feel. a chord be.ring of South 88lkgrees 09 minutes 09 _onds East, a chord distance on 1.22 feel 10 a point al. comer of Lol No. 40; thence extending along the S8Ille, Soutb 17 degrees 38 minules 46 seconds Easl, a distance of 134.59 feel to a point in line of Playground Area (Tract 4); thence extending along the same, South n degrees 2J minutes 14 seconds West, a distance of20.oo reet to a poinl al comcr of the aforementioned LoI No. 38; thence extending along the Sllllle, Norlh 17 degrees 38 minUlcs 46 second Wes~ a dislllnee of 141.67 feel to tbe place ofBEOINNING. BEINO THE SAME PREMISES which BarblIra S. Smith, fJk!a Barbara S. Gillenw.ler and Ernie J. Smith, wife and husband, by deed dated May 30, 1996 and recorded May 31,1996 in the Recorder's Office in and for Cumberland County, PA .n RecQrded Book 140, page J 86. granted and conveyeu unto Hazel F. Williard, now known as Hazel F. Stone. Being Patcc! # JO-19-1604-328 TITLE TO SAID PREMISES JS VESTED IN Hazel F. Stone, an Adult Individual, by Deed from Hazel F. Williard, Now Known as, Hazel P. Stone, dated 2-24.Q4, recorded 3-2-04 in Deed BQok 261, page 4581. PREMISES BEING: 6113 HA YMARKET WAY, MEeHANIeSBURG, P A 17050 ~-, -~ t:..f' ;?l .-1 -:-i,~-n ;-;1 \'":~ r<) CO -n -~ ~ f':,,) r<) CJ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ABM AMRO MORTGAGE GROUP, INC. ) CIVIL ACTION ) vs. HAZEL F. STONE AfKlA HAZEL F. WILLARD ) CIVIL DIVISION ) NO. 05-3033 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for ABM AMRO MORTGAGE GROUP, INC. 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 DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff - ABM AMRO MORTGAGE GROUP, INC. . CUMBERLAND COUNTY , Plaintiff, v. COURT OF COMMON PLEAS HAZEL F. STONE AfKJA HAZEL F. WILLARD CIVIL DIVISION Defendant(s). NO. 05-3033 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) ABM AMRO MORTGAGE GROUP, INC., 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 ,6113 HA YMARKET WAY. MECHANICSBURG, fA 17050. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HAZEL F. STONE AfKfA HAZEL F. WILLARD 6113 HAYMARKET WAY MECHANICSBURG, PA 17050 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) None 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) None 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 6113 HAYMARKET WAY MECHANICSBURG, PA 17050 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 ofl8 Pa. e.s. Sec. 4904 relating to unsworn falsification to authorities. July 26, 2005 DATE 'iYwv:J Jj~~ DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff ",--, ~. ~ . - " -z. ';.~ g.~ ,"0 ~ ~ l - '" - V> - ... - V-' ",--' ~~ r;-z. ~\ "", c c 'S ~. ~~ ~ \'l 'T\ ~ ~ ~ " t r' '"" ~g .." "Ji~ ~~ ~ "" - 9. t: ~ ~ 9. 8 ~ . so. Jl [Jl ~ ",~&~j( ~gH2 Vl;!-O;::: ~..o~g- wc.qo ..~~~;;r a~.s .:.;i t{l % '0' g @- "O::l,....,C>~ ;::: -.<e;' ~ s~8~~ "'% 'g"l\" ~.8' o~;;. %.i"'& ~2 ?:~ Q "" S. '2.,~a it 8 ;:;" (& G 0 ~~~~~ fZV\' v;--" ~~j(B.~ 9.'~ ~;. ,,"0 . -ll. "'"~ ,," ~ ~.*~. .~:<: . hlt! :::; _.% (5 ''R~ Q ~ a~ ~ ~ ~ ~~'l.S. S'><<1. .gg8a. g,"il~ .ll g '" :,.a ~.'.-l ~ ~g.'ir " _"~ c 0-' · to ';:\ \oJ>~' " . l\ ~ W% ;;.'~ 'i5~~\1" " ". .' " ; ." "'"" ,.,'Iii ?Q :<:~ 813 ltl\H- ~r;.:"<:\ r; . - ~ ~?: - - - o '" - co -l '" V> ~^'- ,', ... V-' '" - r' ~. o"z -~S ~~~ -~~ ~ Q. ~ ~ .. Z " :I CT .. .., ..,;_o~ e'.~~ tn tr-J'"'dr o.~ -5"g-g~ 8:'. "tj () ;:: ~~at: ~g~b -.05 ~ 'L... .-~re?z ~~~\<" ~"d"Vl ~~~n~ Vl"'Vl i~~.t!1 ;;l Vl;;l 0 " ' ('):;:;.' ~ "" . ~.- r ~ -g ~ ;00 ; :j()o8~ 7. ~. Izt~i g ~ B \ ~ ~ ~ l Iz 0 9 'g. .-4 >-n ~ "'=I "c::r-, 'r"1j r./) ~ S ~ ~ ~ ~ ~ ~ ~ \ H' ~ \il 8 ~ ~ % ~ ~ >< () tn " ~~~ g ~ ~ tJ:j tn ;I: ~ I; ~ ~ ~ 0 " ." < :j 0 ';il 8. ttl en o ~ ~ ~ ~ \ "~ [Jl (!!. tJ:j tn ~ \~ ." :j \ "S :j V-' ::: t>-"'-vf3 POs,-~ .ftl'r, ~_I .:)~~Prtt.lE'ift.~S: . 02 1/\ $ 00.900 .: 0004300077 JUL 27 2005 . MAILED FROM ZIP CODE 1 91 00 \ ~ ------------ n r-' 0 <:::' '" (:;::::r ~ll :.~- c...n ~ -::''".: :1J C~) ;n --;;.;. .--- -,'1 0. - r~:: c-' "( 0 , ('-) "- ." '-' 'l _on , ::I:: - C;; ~) rn ~_., r:-? ~-,\ -;Z:. ~ .) N N --------- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Federal Home Loan Mtg Corp is the grantee the same having been sold to said grantee on the 7th day of Dee A.D., 2005, under and by virtue of a writ Execution issued on the 28th day of July, A.D., 2005, out ofthe Court of Common Pleas of said County as of Civil Term, 2005 Number 3033, at the suit of ABN Amro Mtg Group Inc against Hazel F STone aka Hazel F Willard is duly recorded in Sheriffs Deed Book No. 272, Page 3173. IN TESTIMONY WHEREOF, I ~v~ereunto set my hand and al of said office this 0 day of d~C . Cu_~end CourAy, CM\SI., I'A Expires the First Monday of Jan._ ollJlo ABM AMRO Mortgage Group, Inc. VS Hazel F. Stone alk/a Hazel F. Willard The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-3033 Civil Term David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on Sept. 27, 2005 at 9:35 o'clock AM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendant, to wit: Hazel F. Stone, by making known unto Nicole Bowman, her daughter, at 6113 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy ofthe same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2005 at 9:04 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 Hazel F. Stone alk/a Hazel F. Willard located at 6113 Haymarket Way, 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 defendant, to wit: Hazel F. Stone aJk/a Hazel F. Willard, by regular mail to her last known address of6ll3 Haymarket Way, Mechanicsburg, PA 17050. This letter was mailed under the date of October 06, 2005 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 7,2005 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Daniel Schmieg for Federal Home Loan Mortgage Corporation. It being the highest bid and best price received for the same, Federal Home Loan Mortgage Corporation of Foreclosure Unit, Mail Stop 61, P.O. Box 5000, Vienna, VA 22183-5000, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum 0[$1,099.12. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 21.55 15.00 15.00 30.00 10.00 .50 1.00 21.12 2.33 Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 15.00 20.00 .74 455.00 376.49 20.89 25.00 39.50 $ 1,099.12 Sworn and subscribed to before me 2006, A.D. ~~~/~ R. Thomas Kline, Sheriff BY .~.1wiJ, Real Estate Sergeant ~ .",,~ 4'\ ~b f' 61-' q/.;, \ U>- f~) ~0.v,t ABM AMRO MORTGAGE GROUP, INC. CUMBERLAND COUNTY Plaintiff, v. COURT OF COMMON PLEAS HAZEL F. STONE NKJA HAZEL F. WILLARD CIVIL DIVISION Defendant(s). NO. 05-3033 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) ABM AMRO MORTGAGE GROUP, INC., Plaintiffin the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was flIed the following information concerning the real property located at ,6113 HA YMARKET WAY, MECHANICSBURG. PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) HAZEL F. STONE AlKfA HAZEL F. WILLARD 6113 HAYMARKET WAY MECHANICS BURG, PA 17050 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) None 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) None 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 6113 HAYMARKET WAY MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 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. e.s. Sec. 4904 relating to unsworn falsification to authorities. Julv 26,2005 DATE ABM AMRO MORTGAGE GROUP, INC. Plaintiff, CUMBERLAND COUNTY v. No. 05-3033 HAZEL F. STONE A!KfA HAZEL F. WILLARD Defendant(s). July 26,2005 TO: HAZEL F. STONE AlKJA HAZEL F. WILLARD 6113 HAYMARKET WAY MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVlQUSLY 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, 6113 HAYMARKET WAY, MECHANICSBURG, PA 17050, 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 $102,017.31 obtained by ABM AMRO MORTGAGE GROUP, INC. (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 MAY BE ABLE TO PREVENT THIS SHERlFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe 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 Sheriff's 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 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 ofthe money which was paid for your house. A schedule of distribution ofthe 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 ALA WYER 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 mav 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 A VENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected simate on the west side of Haymarket Way, located in HlUIlpden Township, Cumberland County, Pennsylvania, said tracl of land being shown as Lot No. 39 on a final plan of Hampden Court, Phase 2, prepared b)' GMZ Associates, Inc., recorded in the Office ofrhe Recorder of Deeds ofCumoorland County, Pennsylvania, in Plan Book 50. page 125, said tract being more fully bounded and described, as follows: BEGINNING allho northernmost corner thereof, at a point on the south right-of-way line of Haymarket Way, being a COmer ofLol No. 38: thence extending along Haymarkel Way, on a line curving 10 Ihe left, having a radius of 225.00 feet, an arc length of21.22 fee~ a chord be,,,ing of South 88 degrees 09 minutes 09 seconds East, a chord distance of21.22 feet 10 a point al a comer of Lol No. 40; thenc" extending along me same, South J 7 degrees 38 minutes 46 seconds East, a distance of 134.59 feel to a point in line of Playground Area (Tmct4); thence e"tending along the same, South 72 degrees 21 minute. 14 seconds Wes~ a distance of20.00 feet to a point at comer of the aforementioned Lot No. 38; thence extending along the same, North 17 degrees 38 minmes 46 second Wesl, a distancc of 141.67 feet to the place of BEGINNING. BEING THE SAME PREMISES which Barbara S. Smith. fJkla Barbam S. Gillenwater and Ernie J. Smith, wife and husband, by deed dated May 30, t 996 and rewrded May 3\, 1996 in the Recorder's Office in and for Cumberland County, PA in RecQrded Book 140, page 186, granled and conveyed unto Hazel F. Williard, now known as Hazel F. Storie. Being Parcel # ]0-19-]604-328 TITLE TO SAID PREMISES IS VESTED IN Hazel F. Stone, an Adult Individual, by Deed from Hazel F. Williard, Now known .s, Hazel F. Stone, dated 2-24-04, recorded 3-2-04 in Deed Book 261, page 4581. PREMISES BEING: 6113HAYMARKET WAY,MECHANleSBURG,PA 17050 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-3033 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ABM AMRO MORTGAGE GROUP INC Plaintiff (s) From HAZEL F STONE A/KJ A HAZEL F WILLARD 6113 HA YMARKET WAY, MECHANICSBURG, P A 17050 (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 gamishee(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) Ifproperty 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 $102,017,31 L.L.$ 0.50 Interest FROM 7/26/05 TO 12/07/05 (PER DIEM $16.77) $2,247.18 Atty's Comm % Due Prothy $1.00 Atty Paid $117.40 PD ATTY Plaintiff Paid Date: JULY 28, 2005 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQURIE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Zrns J',~ c,J "l'D -;:> D J: 3S Real Estate Sale #32 On September 07,2005 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, P A Known and numbered as 6113 Haymarket Way, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 07, 2005 By: \Jcd..,uS M.d:h. Real E~t;te Sergeant " o. ~ ~ ~ ~ ). . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the 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, County and State aforesaid: that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday! Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the 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 re me this 23rd day of November 2005 A.D. NOTARIAl SEAL Terry l. Russell. Notary Public City of Horrlob rg. Dauphin County /h My Commlssi Expires une 6. 2006 / / .,1 Membsf,Ponn vania A ,,0 1l0nofNolaries lL/Z~ ,Y' Lt'~~ NOTA PUBLIC My commission expires June 6, 2006 . CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 REAL ESTATE SALE No. 32 WrltNo.~ CIvIITlInn ABN AMRO Mortgage Group,lnc. Va _ F. Stone a/kIa H8zeI F. WlUa'" Ally: Daniel Schmieg DESCRIPTION ALL THAT CEKI'AJ.N tract of land with iInprovtmen1s1hereon erected situate on thewcst .Ide of HaJ'llllllketWay, located in lIamp<l<n TowmIrlp, .CumbodJlnd County, Pennsylvania, said tract of land 6eing shown as Lot No. 3900 a finalplanofllampdellCoun.PIla<e 2, prepared by OMZ Associates, Inc.. recorded in the Office of the Record<< of Deeds of Cumberland Coonty, Pennsylvania. in Plan Book 50. page 125. said tract being _ fully bounded and _. as follows: BEGINNtNG at the northern-most comer thereof. at a point on the south rigbt-of~way line' of Haymarlret Way. being a comer of Lot No. 3&; Ihenre extending ~ong HaJ'llllllket Way, on a tine curving to the left. having aradimof225,OO feet, an arc length of 21.21 feet. a chord bearing of Sowh 8& degrees 09 minules 09 seconds East, a chord distance of 2L22 feet 10 a, point ata corner of U>t No. 40; thence extending along the same, South 11 degrees 38 minutes 46 seconds East. a dis-tance of 134.59 feet to a point in line of Playground^", ('fiact4); tbenceexten<fing ~ong dlesame, SOUIll72 degJ= 21 minuteS 14 seconds Wesr. a distance of 20.00 feet to a paint at comer of tbe aforementioned Lot No. 3&; thence exIeIldlng ~ong the same, North 17 degJ= 38 minutes46stCOOlh West, a distance of J41.67 feel "'thepl>ceofBEG~G. BEING TIlE SAME premises wlrich Baroanl s. Smith. tNa Barbara S. GillenwalU and Emie J. Smith. wife and ~ by deed dated May 30. 1996 and reootded May 31. 1996 in me _'s Office in and for Cumberland Coonty, PAin_Book I4\), P'&' 186, gantedand conveyed unto Hazel F. W'tlliard. now known as Hazel F. Stone. BEING_#lo-19.I~J211. 1TILE TO SAID PREMISES is "vested in Hazel F. Stone, an Aduh Individual. hy v..d from_I F. Williard, now known as. Hazel E Stone, dated 2.24-04, reconIed 3-2-&1 in Oeed Book 261, page 4581. PREMISES BEING' 61lJ HaJ'llllllket Way. Meclumicsborg, PA 17050. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 14,21,28,2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ,---. ~')Ic~ (!_ isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 28 day of October, 2005 ~~4j;f'+!-;A/ I '.'~'C::: :':>.: '{r\ 1.:..1 ','J("I-'r,,' I.I,,! f , ,_.1,"::.. ~",. \)'-.-' \, .' ,;1 , . d,__ ~ \,~ ( . ;;::"!~t,,~,'~~.I,~:. ~~,~i;~i(l~".ri~!1(J i:,\')I;'~(~Ci;" ! ..,.--l REAL ESTATE SALE NO. 32 Writ No. 2005-3033 Civil ABN AMRO Mortgage Group, Inc. VS. Hazel F. Stone ajkja Hazel F. Williard Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land with improvements thereon erected situate on the west side of Hay- market Way, located in Hampden Township, Cumberland County. Pennsylvania, said tract of land be- ing shown as Lot No, 39 on a final plan of Hampden Court. Phase 2, prepared by GMZ Associates, Inc., recorded in the OWce of the Re- corder of Deeds of Cumberland County, Pennsylvania, in Plan Book 50. page 125. said tract being more fully bounded and descnbed. as fol- lows: BEGINNING at the northernmost corner thereof, at a point on the south right-of-way line of Haymarket Way. being a corner of Lot No. 38; thence extending along Haymarket Way, on a line curving to the left. having a radius of 225.00 feet, an arc length of 21.22 feet, a chord bearing of South 88 degrees 09 min- utes 09 seconds East. a chord dis- tance of 21.22 feet to a point at a comer of Lot No. 40; thence elCtend- lug along the same, South 17 de- grees 38 minutes 46 seconds East, a distance of 134.59 feet to a point in line of Playground Area (Tract 4); thence extending along the same, South 72 degrees 21 minutes 14 seconds West, a distance of 20.00 feet to a point at comer of the afore- mentioned Lot No. 38; thence ex- tending along the same, N orib 17 degrees 38 minutes 46 second West. a distance of 141.67 feet to the place of BEGINNING. BEING THE SAME PREMISES which Barbara S. Smith. f/k/a Bar- bara S. Gillenwater and Ernie J. Smith, wife and husband, by deed dated May 30, 1996 and recorded May 31, 1996 in the Recorder's Office in and for Cumberland County, PA in Recorded Book 140, page 186, granted and conveyed unto Hazel F. Williard, now known as Hazel F. Stone. Being Parcel # 10-19-1604-328. TITLE TO SAID PREMISES IS VESTED IN Hazel F. Stone. an Adult Individual, by Deed from Hazel F. WIlliard, Now known as, Hazel F, Slone, dated 2-24-04. recorded 3- 2-04 in Deed Book 261. page 458] . PREMISES BEING: 6113 HAY- MARKET WAY. MECHANICSBURG. PA 17050. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DAUIEL G. SCHMIEG, ESQUIRE IDENTIFICATION NO. 62205 ONE PENN CENTER AT SUBURBAN STATION PHILADELPHIA, PA 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. ATIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION v. PHS#:117831 HAZEL F. STONE NO. 05-3033 CUMBERLAND County PRAECIPE TO MARK JUDGMENT SATISFIED AND MARK THE ACTION DISCONTINUED AND ENDED WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly satisfy the Judgment, which was entered on or about 07/28/05 in the amount of $102,017.31, and mark the action discontinued and ended, relative to the instant matter. August 17, 2006 2 :g: -ocr: rnrr: Z,~] 21, (J)..1. -<.,. ,<:C J.; (:..:~ ;P:i:; ~ ~ ~ = C>"' :x>- c: C') N o -n ~:D -aFn -ny be.> :.;j" ';'):D \?on '.-r S 15 (..) '< ;po :z - ..