HomeMy WebLinkAbout06-0582
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
MORTGAGEELECTRONlC
REGISTRATION SYSTEMS, INe.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
ATTORNEY FOR PLAINTIFF
Plaintiff
COURT OF COMMON PLEAS
CNIL DNISION
TERM
C,u~L/Sn..'l
v.
NO.Ob - SJ>^
CUMBERLAND COUNTY
CATHY J. SWARTZWELDER
NKJACATHY J. REISINGER
NKJA CATHY J. HURLEY
25 OLD STONEHOUSE ROAD
CARISLE, PA 17013
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
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THA T 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 17013
(800)990-9108
File #: 129692
File #: 129692
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 )?OR
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 LIEi'i ON
REAL ESTATE.
1. Plaintiff is
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
8201 GREENSBORO DRNE, SUITE 350
MCLEAN, VA 22102
Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and
nominee for the entity indicated below, which is the owner of the entire beneficial interest in the
mortgage:
COUNTRYWIDE HOME LOANS, INe.
7105 CORPORATE DRNE
PLANO, TX 75024
2. The name(s) and last known address(es) of the Defendant(s) are:
CATHY 1. SWARTZWELDER
A/KJ A CATHY J. REISINGER
AlKI A CATHY J. HURLEY
25 OLD STONEHOUSE ROAD
CARISLE,PA 17013
who islare the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 05/12/2004 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. 1865, Page: 2982.
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 0710112005 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon failure of mortgagor to make such payments after a date specified by written
notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible
forthwith.
File #; 129692
6. The following amounts are due on the mortgage:
Principal Balance
Interest
06/0112005 through 0112512006
(Per Diem $57.28)
Attorney's Fees
Cumulative Late Charges
0511212004 to 0112512006
Cost of Suit and Title Search
Subtotal
$261,838.48
13,689.92
1,250.00
670.25
$ 550.00
$ 277,998.65
Escrow
Credit
Deficit
Subtotal
0.00
26.46
$ 26.46
TOTAL
$ 278,025.11
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 Sheriff's Sale. If
the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency
Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on the
date( s) set forth thereon, and the temporary stay as provided by said notice has terminated because
Defendant( s) has/have failed to meet with the Plaintiff or an authorized consumer credit
counseling agency, or 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
$50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$
278,025.11, together with interest from 01/2512006 at the rate of$57.28 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.
PHELAN HALLINAN & SCHMIEG, LLP
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By: IsIFrancis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 129692
LEGAL DESCRIPTION
ALL THAT CERTAIN tract ofland situate in Monroe Township, Cumberland County, Pennsylvania, bounded
and described in accordance with a plan prepared by Chris A. Hoover, RPLS, dated 2000 and recorded in the
Office of the Recorder of Deeds for Cumberland County in Plan Book 82, Page 121, as follows:
BEGINNING at a point on dedicated right of way line of Old Stonehouse Road, S.R. 2002 at lands now or
formerly of Joe Garvey; thence along dedicated right of way line of Old Stonehouse Road, S.R. 2002 North II degrees 39
minutes 34 seconds West 200.00 feet to a point; thence along other lands now or formerly of Betty Zeigler North 81
degrees 30 minutes East 404.75 feet to a point; thence still along lands of Betty Zeigler South II degrees 39 minutes 34
seconds East 200.00 feet to a point; thence along lands now or formerly of Joe Garvey South 81 degrees 30 minutes West
404.75 feet to a point, the Place of BEGINNING.
BEING THE SAME PREMISES which Betty A. Zeigler, widow, granted and conveyed unto Mildred B. Hurley,
widow, and Cathy J. Swartzwelder, as joint tenants with right of survivorship and not as tenants in common, by deed
dated March 13, 2001, in the Recorder of Deeds in and for Cumberland, PA in Record Book 240, Page 982, and recorded
on March 14,2001. The aforementioned Mildred B. Hurley, having died on April 8, 2002, whereby her interest passes to
her daughter, Cathy J. Swartzwelder, as the surviving tenant.
PROPERTY BEING: 25 OLD STONEHOUSE ROAD
File #: 129692
VRRTFlrATTON
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF
in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not
be obtained within the time allowed for the filing on the pleading, that he is authorized to make this
verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and
correct to the best of his knowledge, information and belief Furthermore, it is counsel's intention
to substitute a verification from Plaintiff as soon as it is received by counsel .
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
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FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
DATE:
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-00582 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
SWARTZWELDER CATHY J AKA CATHY
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
SWARTZWELDER CATHY J AKA CATHY J REISINGER AKA CATHY J HURLE the
DEFENDANT
, at 0931:00 HOURS, on the 1st day of February, 2006
at 25 OLD STONEHOUSE ROAD
CARLISLE, PA 17013
by handing to
CATHY HURLEY
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
5.28
.00
10.00
.00
33.28
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R. Thomas Kline
02/02/2006
PHELAN HALLINAN SCHMIEG
Sworn and Subscribed to before
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day of
A.D.
.
SALZMANN HUGH~S, P.c.
BY: E. Ralph Godfrey, Esquire
Attorney LD. No. 77052
David H. Martineau, Esquire
Attorney 1.0. No. 84127
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
(717) 249-6333
Attorney for Defendants
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INe.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION
CATHY 1. SWARTZWELDER
a/k/aCATHY J. REISINGER
a/k/a CATHY 1. HURLEY,
NO. 06-582
Defendant
NOTICE TO PLEAD
TO: Mortgage Electronic Registration Systems, Inc.
You are hereby notified to plead to the enclosed New Matter within twenty (20) days from
service hereof or a default judgment may be entered against you.
SALZMANN HUGHES, P.C.
Dated: 2?- ~6
By ~/;
E. Ralph Godfrey, Esquire
Attorney l.D. No. 77052
David H. Martineau, Esquire
Attorney l.D. No. 84127
354 Alexander Spring Road
Suite 1
Carlisle, PA 17013
(717) 249-6333
Attorneys for Defendant
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INe.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION
CATHY J. SWARTZWELDER
a/kJa CATHY J. REISINGER
aIkIa CATHY J. HURLEY,
NO. 06-582
Defendant
DEFENDANT'S ANSWER AND NEW MATTER TO
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW THIS 2 ':}l/'- of February, 2006, Defendant, Cathy J. Swartzwelder, a/kJa
Cathy J. Reisinger, a/kJa Cathy J. Hurley, by and through her attorneys, Salzmann Hughes, P.e.,
answers the corresponding numbered paragraphs of Plaintiffs Complaint as follows:
1. Denied. After reasonable investigation, Defendants are without sufficient
knowledge to either admit or deny the allegations contained in paragraph I. Strict proof thereof
is demanded at the time of trial.
2. Admitted.
3. Admitted in part; denied in part. It is admitted that the Defendant executed a
Mortgage Note. The remaining allegations are denied since the written documents speak for
themselves. Strict proofthereofis demanded at the time of trial.
4. Admitted but with qualifications. It is admitted only that a legal description is
attached to the complaint, which is a written document that speaks for itself. Strict proof is
demanded that the legal description is the property subjected to the mortgage.
5. Denied. Paragraph 5 is denied as a conclusion of law to which no response is
required. Strict proof thereof is demanded at the time of trial.
6. Denied. It is strictly denied that the amounts reflected in the Complaint are the
actual costs incurred by Plaintiff. Therefore, Defendant disputes the amount of attorney fees,
cost of suit and title search expenses. Strict proof is demanded at the time of trial.
7. Denied. Paragraph 7 is denied as a conclusion of law to which no response is
required. Strict proof thereof is demanded at the time of trial.
8. Denied. Paragraph 8 is denied as a conclusion oflaw to which no response is
required. Strict proof thereof is demanded at the time of trial.
9. Denied. Paragraph 9 is denied as a conclusion oflaw to which no response is
required. Strict proof thereof is demanded at the time of trial.
WHEREFORE, Defendant prays that the Foreclosure Complaint be dismissed and that she
be awarded costs of defense, including attorney fees, and that she may have such other relief as may
be just and appropriate
NEW MATTER
By way of further answer and defense, Defendant avers the following New Matter in
accordance with Pennsylvania Rule of Civil Procedure 1030:
9. Plaintiff's cause of action is barred by the applicable statute oflimitations.
10. The amount of attorney fees is unreasonable and not a customary charge and does
not accurately reflect the actual legal expenses incurred by Plaintiff. Furthermore, Plaintiff has
violated the mortgage by charging an unreasonable amount.
- 2 -
WHEREFORE, Defendant prays that the Foreclosure Complaint be dismissed and that
she be awarded costs of defense, including attorney fees, and that she may have such other relief
as may be just and appropriate.
SALZMANN HUGHES, P.c.
By
i ~//
E. Ralph Godfrey, Esquire
Attorney J.D. No. 77052
David H. Martineau, Esquire
Attorney J.D. No. 84127
354 Alexander Spring Road
Suite I
Carlisle, PA 17013
(717) 249-6333
Attorneys for Defendant
Dated: L ~ 06'
- 3-
VERIFICATION
I, Cathy 1. Swartzwelder, hereby certifY that the following is correct:
The facts set forth in the foregoing Answer and New Matter are based upon information
which I have furnished to counsel, as well as upon information which has been gathered by counsel
and/or others acting on my behalf in this matter. The language of the docrnnent is that of counsel
and not my own. I have read the Petition, and to the extent that it is based upon information which I
have given to counsel, it is true and correct to the best of my knowledge, information, and belief.
To the extent that the content of the Petition is that of counsel, I have relied upon such cOlillsel in
making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Petition are
made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities.
Dated:
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CERTIFICATE OF SERVICE
AND NOW, this 27"-day of F-t 1 r,.. -) , 2006, T, David H. Martineau, Esquire,
hereby certify that I served a copy of the within Defendant's Answer and New Matter this day by
depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania,
addressed to:
Francis S. Hallinan, Esquire
Phelan Hallinan & Schmieg, LLP
One Penn Center Plaza
Suite 1400
Philadelphia, PA 19103
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David H. Martineau
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PHELAN HALLINAN & SCHMIEG, LLP
BY: Matthew S. Connor, Esquire
Identification No.: 92406
One Penn Center at Suburban Station
1617 J.FK BLVD. - Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
Court of Common Pleas
Civil Division
Mortgage Electronic Registration Systems, Inc.
8201 Greensboro Drive, Suite 350
McLean, VA 22102
Plaintiff
Cwnberland County
No.: 06-582
vs.
Cathy J. Swartzwelder
alk/a Cathy J. Reisinger
alk/a Cathy 1. Hurley
25 Old Stonehouse Road
Carisle, PA 17013
Defendant
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER
Plaintiff incorporates herein by reference the averments of paragraphs one (1) through nine (9) of
its Complaint as if set forth herein at length.
9. Denied. The averments of paragraph nine (9) contain conclusions oflaw to which no
response IS necessary.
10. Denied. The averments of paragraph ten (10) contain conclusions oflaw to which no
response is necessary. By way of further answer, the amounts referenced for attorneys fees are reasonable
and customary charges and do accurately reflect the actual legal expenses occurred by Plaintiff.
Furthermore, Plaintiff has not violated the Mortgage by charging an unreasonable amount.
.
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against
Defendant as requested in Plaintiffs Complaint.
Date: March 17.2006
BY:
Respectfully submitted,
PHELAN HALLINAN & SCHMIEG, LLP
:#1
Matthew S. Connor, Esquire
Attorney for Plaintiff
.
.
VERIFICATION
Matthew S. Connor, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that
he is authorized to make this verification, and that the statements made in the foregoing Reply to New
Matter are true and correct to the best of his knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.
94904 relating to unsworn falsifications to authorities.
PHELAN HALLINAN & SCHMIEG, LLP
Date: March 17, 2006
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BY:
Matthew S. Connor, Esquire
Attorney for Plaintiff
One Penn Center at Suburban Station
1617 J.F.K. Blvd. - Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
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PHELAN HALLINAN & SCHMIEG, LLP
BY: Matthew S. Connor, Esquire
Identification No.: 92406
One Penn Center at Suburban Station
1617 J.F.K. Blvd. - Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
Mortgage Electronic Registration Systems, Inc.
8201 Greensboro Drive, Suite 350
McLean, VA 22102
Plaintiff
Court of Common Pleas
Civil Division
Cumberland County
No.: 06-582
vs.
Cathy J. Swartzwelder
a!k/a Cathy J. Reisinger
a!k/a Cathy J. Hurley
25 Old Stonehouse Road
Carisle,PA 17013
Defendant
CERTIFICATION OF SERVICE
I certify that a true and correct copy of Plaintiffs Reply to Defendant's New Matter was sent via
first class mail to the person listed below on the date indicated:
David H. Martineau, Esquire
Salzmann Hughes, P.e.
354 Alexander Spring Road, Suite 1
Carlisle, PA 17013
Date: March 17, 2006
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Matthew S. Connor, Esquire
Attorney for Plaintiff
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PHELAN HALLINAN & SCHMIEG, LLP
BY: Francis S. Hallinan, Esquire
Identification No. 62695
One Penn Center @ Suburban Station
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
Mortgage Electronic Registration Systems, Inc.
Court of Common Pleas
Plaintiff
Civil Division
vs.
No. 06-582
Cathy J. Swartzwelder
Cumberland County
Defendant
PR A lU'WR TO SlTRST1TIlTR P A RTV PT.A lNTTFF
TO THR PROTHONOTARY'
Pursuant to P.A. C.R.P 2352 (a), kindly substitute Rank of New York, a. Tn.dee for Certificate
Holder. of CW A RS 11104-06 for Mortgage Electronic Registration Systems, Inc. as party plaintiff in
connection with the above referenced matter.
I have attached a copy of the Recorded Assignment evidencing Plaintiffs involvement with the
action.
Date: MAY" 700fi
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Francis S. Hallinan, Esquire
Attorney for Plaintiff
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ASSIGNMENT OF MORTGAGE
...~ .. ..' ".-' ';. ,._.f .' _ ," _.".. "" - _ . .' , " '"','
KNOW ALL MEN BY THESE PRESENTS dW "Mortgage E1eettonic lleglstratloD Sy.t.....; Inc~ ai llol!Iiaee .fo~
. . SIB M\)rtpge corPOfl\tlon" hereinafter "A~r" the bolderllftbC ~0Jl8lI8e berei\l8ft~ mentioned, fo~ and iJ) ..
. ~nsidtiratioo of the sum of ONE DOLLAR ($1.00) lawful moocy u%it in hand paid by BAlIk ~ !'iew York, a:; . .
Trustee for Certificate Holder. of CWABS 2004-06, ..~.. at the time lIf exticUtioooo-f, sell, aSsign, traDsfe~
,and selovee UIlIO the said Assigilee, the ce~t whereof is liecebyacknowk<!ged. does hecebYgeail(,~ i(s
S""",,"",Is and assigns, ALL mAT CERTAIN Indcotuce "fMortgage give!! and execuled byCaCllyJ: SWlirlZWdder to '
Mortgage E1ectroolc Registcatloo System., IDe., u nomlDee for SIB Mortgage Corporation, beaciJIg the date
215!D3, in the amouotof$207,OOO.OO,togeiher With 1beNoteand indebtedoeas theceinmeotiODed, ssJd Mortgage bciog ,
. recorded 00 2I2ll103 in. the cOunty of Cimaberlan4, eollllllOliwealtliof PeooSYI~ in M",ge Book 1796l'age
366'7.. . . ," -, ". .
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: 'Be!ngKOOWD as Preri!isel!: 23 Old Stoneho...e Road, CarlhJe, PA 17013
Paree! No: 22-09;:0537-017 ' " "
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, , .AlsO the Bond orObligat;.onin the wd Indenture ofMOCIgage recited, and all Moneys, Principal aodIrilereat, em.; and to
grow due thereon. with the Wpccant of Attorney to the said Obligation aimtxC<i. Together with all Rights, Remedies and
incidents thereu!>to belooging." And all its Rigbt, Title, Interest, PCOJlCClr' Claim and Demand, In and'to the'same: '
TO HA VB, HOLD, RECEIVE AND T AKE,all and singu1ar the heceditameolS and premises hereby gcanted and
assigolld, ormentioned and intended so to be, with the appurteoan<:es u% Assignee, its successors and..., to and foe
, '!1l onIypropeeuse, benefit arid behoofforevee; subject, nevectbOleis, to the equityofredemptiooof ssJdMoctgagor in the
. . ,oaid I!!f\cnIure lIfMoctgage 1llllIled, and hislber/their heirs and assigns therein,
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~,&,!llI.~SS WHEREOF, the Said. "Ass~JU;"J!Is""usedi1s<;orporate S981 to be hereinaflixed and rheseprcsents to
If\, "'<<!,uli:dbYI1spropecofficecsthis~dayof~ ,20~. '
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Mortgage Electronic Registration Systems, Inc., u nominee
for SIB Mortgage COJ1l!!ratlon
Attest:
By:
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CilunlyorCcU.Y\. : .s,
, ", Ontbis vd daYOf~vc..L ,~befotemC,thesubscribec,Pei'soDal1y~
, -<{It t:t,AIr,jf;s... .. '.' " ,who acknowledj!ed bimJbecselfto be the Assistant Vice President
, lIfMOrtgage EI ojoic Regiilratlon SySt......lac~ asnomlaee for SIB Mortgage CorporalioD, ai1d ihatJllllshe, as
'siwhAssistl!lll Vice pcesideJJ.t,being authorized to do 90, executed the foregoing instrumeotfur the piu:poses!hefein
cOotained '
Siamp!Seal:
to
ANGELA DUTCHER
, M\I. C<lrnmI~ ElClllffl'
$eplefnbel 23. 2009
'J:he piOOJSe ,ad<jress of the
within naln09 Ani is:
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After recording retiml to; , .. '
'PHELAN. HALLINAN & scHMIEG, t.Lp'
. One PellD GoRter . ,
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Coneslc9a Tille Insurance company
Cllnimitlllent Number: 2oo3Q10208"
SCHEDULE C
PROPERTYDI!8CRIP11ON
The land refemld 10 In lI1ilI.COmmitment Is desa1bed as foUows;
AlLlhat <:ertaIn blICt of land sjtuate In Norvw'tllW/llhlP. CWnbedand CcunIy, PennsylVania. be l\'ldcid
. and delClibed in llCCOI'dance wlth a IlIall prepaqd by CtIlIs A. Hoover, RPl$, dated 2000 an<! ~d in lt1e
Office III the RecOrder of 0eed8 for Cumbertllnd CoUnty In Plan Book 82. Page 1:!1, as folIowB: .
, Bt;GINNlNG at a point on dedll;ated ~ of WflY line of Old stone'- fto8Cl. 8.R. 2OlI2 at lIInCI ~ now or
fotmerly of Joe Gatwy; 1IIenoe 8bng dWtl.. ~itlht.ot:ldy hlll'0Id8loneh0ll'1ll RilIId;$,ft2ClO2.NO'b"
degreeS 311 rn!nulIls 34 secands Wesl200;oo feel jg a poiill; thence a~ oIIi8r 'andl;' nciW ill' fQmferiy at 8e11y
ZalQlsr Notth 81 __ 30 mInuIIls EaM 404.78 feetm8 thence" 8Ionr.lands of ~ ~r 90utIi 11
dag/1l8S 311 mules 34 seconds east 200.00 feet to a lII8ilce alang Illnds now or It:llmerIY of JOe a 8lVB)'
SaU\h81 deg.-30 ft1ln.-Weet404.'76fMtloa poInt. PlacoofSEG.mltIG..
Parcel No. 22-00-0537..019
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JCerti:t)r this to be recorded
In Cumberland County PA
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PRAF.C.lPF. FOR T,TSTTNG C.ASF. FOR ARGTJMF.NT
Bank of New York, as Trustee for Certificate Holders
of CW ADS 2004-06, Substitute Party Plaintiff
7105 Corporate Drive
Piano, TX 75024
Plaintiff
Court of Common Pleas
Civil Division
vs.
: Cumberland County
Cathy J. Swartzwelder
A/KI A Cathy J. Reisinger
A/KIA Cathy J. Hurley
25 Old Stonehouse Road
Carlisle, P A 17013
Defendant
: No. 06-582
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Plaintiffs Motion for Summary Judgment
2. Identify counsel who will argue case:
(a) Jenine R. Davey, Esquire
Phelan Hallinan & Schmieg, LLP
1617 JFK Blvd., Suite 1400
Philadelphia, PA 19103
Attorney for Plaintiff
(b) David H. Martineau, Esquire
354 Alexander Spring Road
Suite 1
Carlisle, P A 17013
3.
I will notify all parties in writing within two days that this case has been listed for argument.
4.
Argument Court Date:
Date:
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PHELAN HALLINAN & SCHMIEG, LLP
By: JENINE R. DA VEY,ESQUIRE
Identification No. 87077
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
Bank of New York, as Trustee for Certificate Holders
of CW ADS 2004-06, Substitute Party Plaintiff
7105 Corporate Drive
Piano, TX 75024
Plaintiff
: Court of Common Pleas
: Civil Division
vs.
: Cumberland County
Cathy J. Swartzwelder
A/KJA Cathy J. Reisinger
A/KJA Cathy J. Hurley
25 Old Stonehouse Road
Carlisle, PA 17013
Defendant
: No. 06-582
CF.RTTFTCA TTON OF SF.RVTCF.
I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment,
Brief in Support thereof, Order, and Attached Exhibits were sent via first class mail to the person on
the date listed below:
David H. Martineau, Esquire
354 Alexander Spring Road
Carlisle, P A 17013
Date:
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Jeni R. Davey, Esquire
Attorney for Plaintiff
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PHELAN HALLINAN & SCHMIEG, LLP
By: JENINE R. DAVEY, ESQUIRE
Identification No. 87077
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
Bank of New York, as Trustee for Certificate Holders
of CW ADS 2004-06, Substitute Party Plaintiff
7105 Corporate Drive
Piano, TX 75024
Plaintiff
: Court of Common Pleas
: Civil Division
vs.
: Cumberland County
Cathy J. Swartzwelder
A/KJA Cathy J. Reisinger
A/KJA Cathy J. Hurley
25 Old Stonehouse Road
Carlisle, PA 17013
Defendant
: No. 06-.582
MOTION FOR SUMMARY ."fiGMENT
Plaintiff respectfully requests that the Court enter an Order granting summary judgment in
its favor in the above-captioned matter and in support thereof avers as follows:
1. There are no material issues of fact in dispute.
2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action.
3. Defendant, Cathy J. Swartzwelder AlK/A Cathy J. Reisinger AlK/A Cathy J. Hurley, has
filed an Answer to the Complaint in which she has effectively admitted all of the allegations of the
Complaint, as is further addressed in Plaintiffs attached Brief.
4. In her Answer, Defendant generally denies paragraphs five and six of the Complaint, which
aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage
Foreclosure Complaint, Defendant's Answer and New Matter, and Plaintiffs Reply to New Matter are
attached hereto, incorporated herein by reference, and marked as Exhibits C, D, and E, respectively.
5. Defendant has failed to sustain her burden of presenting facts, which contradict the
avennents of Plaintiffs Complaint.
6. Defendant executed the Mortgage promising to repay the loan on a monthly basis. A true
and correct copy ofthe Mortgage, which is recorded in the Office of the Recorder of Cumberland County
in Mortgage Book No. 1865, Page 2982, is attached hereto, made part hereof, and marked Exhibit A. A true
and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit AI.
7. By Assignment of Mortgage recorded April 6, 2006, the Mortgage was assigned to Bank of
New York, as Trustee for Certificate Holders of CW ABS 2004-06, which Assignment is recorded in
Assignment of Mortgage Book No. 0726, Page 0275. A true and correct copy of the Assignment to Bank of
New York, as Trustee for Certificate Holders of CW ABS 2004-06 is attached hereto, incorporated herein by
reference, and marked as Exhibit A2.
8. Bya Praecipe to Substitute Party Plaintiff, Bank of New York, as Trustee for Certificate
Holders ofCW ABS 2004-06, has been named Party Plaintiff in this action. A true and correct copy of the
Preacipe to Substitute Party Plaintiff has been attached hereto, made part hereof, and marked as Exhibit A3.
9. The Mortgage is due for the July 1,2005 payment, a period in excess often months. An
Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by
reference, and marked as Exhibit B.
10. The notice provisions of Act 6 of 1974 do not apply to this action because the original
Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiff's attached Brief. Nevertheless,
Plaintiff sent Defendant a letter notifYing her of her default and of Plaintiff's intent to foreclose. True and
correct copies ofthe letters are attached hereto, made part hereof, and marked Exhibit F.
11. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance
Program, Act 91 of 1983, has terminated because Defendant has failed to meet with an authorized credit-
counseling agency in accordance with Plaintiff's written notice to Defendant. True and correct copies of the
Notice of Homeowner's Emergency Mortgage Assistance Program are attached hereto, made part hereof,
and marked Exhibit F.
12. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its
foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring
the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief
13. Defendant has the right to reinstate the loan up until one hour before a scheduled Sheriffs
Sale.
WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the
amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged
property .
Respectfully submitted,
P AN HALLINAN & SCHMIEG, LLP
EXHIBIT A
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I hefeO\ ('.eftlh "a' thiS 11>
a trUe ano C()n'ec' copy of thE:
?h
Aft<< Recording Recum To:
COUNTRYWIDE BOME LOANS, INC.
~ SV-19 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
Prepared By:
MATHEW Q. SPRINKEL
Parc:cl Number:
~-(ff-oS37-0t'j
(SpaceA'-e'Dlls UaeJ'ar ~Daq]
000020450
l&scrow/Cloe1ng Ij
0006313430605004
(Doc 10 II
MORTGAGE
~1000151-0003708879-2
DEPINlTlONS
Words used in multiple sections of this documcot arc defined below and other words arc defined in Scctioos 3,
II, 13, 18, 20 and 21. Certain roles regarding the usage of words used in this document arc aIso'provided in
Section 16.
(A) "Security IDstrumeut" means this dOCUlIlCllt, which is dated MAY 12, 2004
togethec with all Riders to this document.
(B) "Borrower" is
~SWARTZWEIDER' A SINGLE WOMAN
Borrower is the mortgagor wider this Security Inscmment.
PENNSYLVANIA - SIngle FamIly - FlIlUIfe Mae/FreddIe MIlo UNIFORIIINSTRUNENT WITH MEfIS ~
Page 1 cl1e lnIIWs'
G:6A<PA) (0206) CHl (06/02)(d) \/MP MOIm3AGE FOIWS - (800)521-7291 l!O39 1/01
CON~NA .
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Date: 4/21104
11me: 3:59:45 PM
Order NumbeJ:: 000020450
Re: Cathy J. SwartzweldeJ:
25 OLD S'rQNEHOOSE ROAD
CARLISLE, PA 17013
CUMBERLAND County
BXBIBX'1' 'A'
ALL t'HA'f CBRTAIN tract of land situate in Hom:oe Township, CUmberland
County, Pennsylvania, bounded and ~ in accordance with a plan
prepared by Olrl.a A. Boour, RPLS, dated 2000 and recoEdecl in the
Office of the Recorder of Deeds for CUllberland County in Plan Book 82,
Page 121, as follows:
BEGINNING at a point on dedicated ri9ht of way line of Old stonehouse
Road, S.R. 2002 at lands now or fomerly of Joe Garvey; thence along
dedicated right of way line of Old Schoolhouse Road, S.R. 2002 North 11
degrees 39 lllinutes 34 seconds West 200.00 feet to a point; thence along
other lands now or formerly of Betty Ziegler North 81 degrees 30
lllinutes East 404.75 feet to a pointl thence still along lands of Betty
Ziegler South 11 degrees 39 lllinutes 34 seconds East 200.00 feet to a
point; thence along lands now or fomerly of Joe Garvey South 81
degrees 30 minutes West 404.75 feet to a point, the Place of BEGINNING.
UNDER and SUBJECT to restrictions and conditions as now appear of
record.
PaGe: 6 of 6
Order Number ??oo211450
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DOC 10 t: 0006313430605004
(C) "MEltS" is Mortgage Blectronic Registralioa Syalmns.11Ic. MBRS is a ICp8l'8tC corporation that is acdDg
solely as a nominee for Lender IIl1dLendefa succeasoa lIllIi uslps. MERS is the DlOI'Cgagee UDder Ods
Security lDstromeot. MB.RS is o.tpIlized and exisdDg undof the 1aws of Delaware. and bas an address and .
telephone number of P.O. Box 2026, F1int, MI48S01-1026, rd. (888) 679-MBRS.
(D) "Lender" is
AMERICA'S WHOLESALE LENDER
Lender is a CORPORATION
organized IIl1d existing tmder the laws of NEW YORK
Lendet's address is
~.O. Box 660694, Dallas, TX 75266-0694
(E) "Note" means the promissory note signed by Boaower and dated MAY 12, 2004
The Note stales lhat Borrower owes Lender
TWO HUNDRED SIXTY FOUR THOUSAND ONE HUNDRED and 00/100
Dollars (U.S. $ 264, 100 . 00 ) plus interest. Boaower has promised to pay this debt in 1egUlar
Periodic Payments and to pay the debt in full not latcc Iban JUNE 01, 2034 .
(F) "Properly" means the property lhat is descdbed below under the heading .TIansfer of Righti in ~
Property:
(G) "Loan" means the debt evidenced by the Note, pIus ~ any prepayment charges and late charges
due under the Note, and an sums due under this SecurllJ Jastmmcnt, plus inlerest.
(H) "Riden" means all Riders to Ibis Secadl1 Iastmmcnt that are execofCd by Boaower. The following .
Riders are to be e.xecuted by Boaower {chodt box as app1icabIe]:
I]] Adjustable Rate Rider 8 CondomiDium RIder B Second Home Rider
o Balloon Rider Pl8IIDed UaitDevdopment Rider 1-4 Pamily Rider
DVARider DBiwecklyPaymentRider O~s){specify]
(I) "Applicable Law" means all controlling applicabJe federal, state and local statutes, recuJadons,
ordinances and administtative mles and o1ders (Ibat have die eft'ect of law) as well as all epplicable final,
non-appealable judicial opinions.
(J) "COllUll1J1lity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Boaower or the Property by a condominium association, homeowners association
or similar organization.
(K) "EIectronic: Funds Transfer" means any ll'anSfer of funds, other than a transaction origiJlated by check,
draft, or similac paper instrument, which is initiated through an electronic terminal, telephonic instmmcnt;
computer, or magnetic tape so as to order, instmct, or authorize a fiDancla1 institution to cl;bit or Cllldit an
account Su!:h tcan includes, but is not'limilCCl to. point-of-sale trlIIISfer3, automated teller machine
transactions, transfers initiated by telephone, wire ttansfers, and automated clearinghouse transfers.
(L) "Escrow Items" means diose items that are desc:tibed in Section 3.
(M) "MiscelIaneous Proceeds" means any compensation, settlement, awaro of damages, or proceeds paid by
any third party (odler than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, lhe Property; (Ii) condemnation or other raking of all or any part of the Property; (iii)
conveyance in lieu of condeIDD&tion; or (iv) mislepJ:cscntationa of, or omissions as to, dlo value and/or
condition of the Properly. "_'. ~ .
Gt..aA(PA)(U206) CHL(lI6I02) P..,Zofll1 ~3039 1/01
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DOC XD f: 0006373430605004
(N) "Mortgap JDsarance" means insaranc:e profeCtiDg Leader against the ~ of, or default on, the
Loan.
(0) "Pedodic Payment" means tho tegUIady ICbcdulccIIIIIIJUDt doc foe (i) pdncipal and intmest undec the
Note, plus ("d) any amounfI under Sectioa 30f 1bla Secudty 1Dslmment.
(P) "RBSPA" means the Real Bslatc SetdcmcIlt P10cccIula /u;t (12 U.s.c. Section 2601 Cl seq.) 8IId its
impt'llllMtft1g regulation, Reguladoo. X (24 c.P.R. Part 3500). as they might be lIIICIIded from time to lime, or .
any additional or successor legiaJalion or mguJadoa that JOYCmS the same subject malla'. & 1ISCd in this
Security Jnstmment, "RESPA" mfea to aI11'eq1Jireme11l1 and restric:tioas that 1m inp)sed in mgllld to a
"fedetaIly m1atcd mortgage loan. even if the LoIn docs not qualify as a "federally mlated mortgage loan"
1IIldet RBSPA.
(Q) "Successor in Interest of Borrower" means any party that bas cakcn title to the Property, whelhec or not
that party has assumed Borrower's obligatious under the Note andIor Ibis Secucity Instrument .
'IRANSFBR OF RIGIITS INTHB PROPBRTY
'Ibis Sel:urity Instrument secures to Lender: (i) the ~t of the Loan, and all renewals, exteosiOll8 and .
modifications of the Note; and (ii) the performance of BOI'.fOWel's covenants and agreemen1S 1IDdcr this
Security InslrUmeDt and the Note. For this PU1pClSC, Bonower docs hClCby mortgage, grant and convey to
MBRS (solely as nominee for Lender and Lcnder's successOll and assigns) and to the mccessoa and assigns
of MBRS, the following described property located in the c..ufYlwla.nd
COUNTY of ~ :
(Type ofReccmlingJadsdic:lloa) (Name of1lecocding Jurisdictioa)
SEE EXHIBIT "A" ATTACHED HERETO AND HADE A PART HEREOF.
which correntIy has the address of
25 OLD STONEHOUSE ROAD, CARLISLE
[SInofICitJJ
Pennsylvania 17013 ("Property Address"):
lZip CocIoJ
TOGBTHBR WIrH aIllhe improvements now or hcccafter erected on the property, and all easements,
appurtenances, and fixtures now or beteafter a part of the property. All replacements and additiOllS sbaIl also
be covered by this Secudty Instrument. All of'the foregoing is tefeaed to in this Security IDstmmcnt as the .
"Property.. Borrower undetstands and agxees that MBRS holds only 1ega1 title to the interests granted by
B~wer in diu Security Instroment, but, if lieceasary to comply with law or custom, MBRS ~minee for
1nIIals'
~-6A(PAl (0206) CHL(06IlI2) Page 3 of 18 Form3039 1191
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DOC 1D t: 0006373430605004
Leuder aod Lcndcr's aucc:essoa aod assigns) has 1110 right 10 crerdse any or aD of those int=stI. iacluding.
but not limited to. die rlgbt to 1000000sc IIId lOll 1110 Ptoperl;r, aod to ,., aay action requimI of Lender
includinJ. but DOt limilcd to, .reIeasiog IIId CIl1CClIiDg dda Secadq Jnstromeat.
BORROWBR COVBNANTS lIIIt Boaowct is JawfuJ1y seised of die esIafe hereby conveyed IIId bas die
right to mlll.'lgage, gmnt IlIId convey die Pmperty ad rbat tho Property is 1IIIeJlClIIDbem except for
...........!)ranees of =:oed. Borrower waaaacs IIId wm dcfeadgea<<ally tbelitle to die PIOpcrty against all
cJalms and demands, subject to any en"'...."""'c:e.s of mcord.
THIS SBCUlUTY lNSTRUMBNr combiDcs 1IIIifoan COYenants for national uae and DOI1-uoilorm
COVeaants with limited vadatioos by judsdicd.0Il to COIIStitutc a 1IIIifoan scc:udIy instrument covedog ltiIl .
property.
. UNlFORM COVENANTS. Boaowec and Leader COVCllllDt and agme as follows:
L Payment ofPriucipal, Interest, &crow Dmas, Prepayme&t Charges, and Late C1arges. Borrow<<
shalI pay when due die principal of, and intclest on, tho debt cvidcnccd by die Note and any prepayment
charges and late charges due undcc tho Note. Borrower shall also pay funds for 'Escrow Items putSWlllt to
Section 3. PaymentS due under the Note and this Security Jnstnuncnt shall be made In U.S. cuacncy.
However, if any cbeck or other hlstroment mcelved by Lerlder as payment under the Note or this Security
Instrument is reCUmed to Lender unpaid, Lender may require that any or all subsequent payments due undcc .
the Note and this Security Insuument be made in one or more of the foIlowing foans, as selected by Lender:
(a) cash; (b) DlOIICy ocdec; (c) certified cbeck, badk check, treasurer's chcck or cashier's ~ provided any
such check is drawn upon an institution whose deposits are insured by a fcdecal agency, instnunentaUty, or
entity; or (d) BlecllOnic Funds Transfu.
Payments are deemed received by Lender when received at the location designated In die Note oc at such
otbec 1ocalion as may be designated by I..endt4- in 8CCOIdanA:c with the nodce provisioos jn SectiOll 15. Lender
may return any payment or padiaI payment if the payment or partial paymenlS are insufficient 10 bring the
Loan current. Lendet may accc:pt any payment or partial payment inMlicient to bring die Loan current,.
without waiv<< of any rights heceundet or pmjudice to Jt8 rl&lUs to mf'usc such payment or partial paymenllI jn .
the futuce, but LeniIct is I10t obIigated to apply soc:h paymeatI at the lime such payIIlCl1lS are accepted. If each
Periodic Payment is applied as of its scheduled due date, dIen Lender need DOt pay intetest on unapplied
funds. Lender may hold such tmappIicd funds until Boaower DIlIktJs payment to bring the Loan cwmtt. If
Boaow<< does not do so within a reasonable jlCdod of lime, Lender shall eith<< apply such funds oc mum
them to Borrower. If not applied earlier, such funds will be applied 10 the outst-ndi118 pdnclpaI baIanco under
the Note ia1aIe4iately prior to forecIosum. No o1fset or claim which Boaowcr might have now or in the fatum
against Lender shaU relieve Boaowa from mating ~ due under the Note aod this Secucity Inslmmel1t
or pec1'orming the covenants and agrecmems aecured by lhls Security Jnsll'ument.
2. ApplkaCion of Payments or Proceec1s. Bxcept . odawise descnDcd in.this Section 2, all payments .
accepted and applied by Lender shall be applied in tbc iillowlng Older of pdodty: (a) intealst due uwIer the
Note; (b) principal due under the Note; (c) amounts due under SectiOll3. Such payments sha11 be applied to
each Periodic Payment in the order in wbich it became due. Any rcmainlng amounts sha11 be applied first to
late charges, second to any other amounts due under this Security Jnstmment, aod.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 lIIId the
lnlbIs' /1 d!t. .
~3031 1101
~-6A(PA) (0208)
CHl.(06lO2)
Page 4 of 16
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DOC IO .: 0006373430605004
late charge. If IJI01'C than one Periodic Payment Is OUlIICaIIdiDg, Leader may apply any payment ~ed from
Bonower to the repayment of the Periodic Paymcms if, and to the extent tbat. each paymeat can be paid in .
fulL To the Went that any excess exists after the payment Is appIiccI to the fuR payment of one or more
Periodic Payments, such excess may be applied to any late c:IIaIps due. Vofaotmy prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or MisccIIaocous Proceeds to priDcipal due iInder the
Note sbalI not extend or postpOlle the due date, or change the amount, of the Periodic Paymcnr.s.
3. Funds for Escrow Items. Bonower shall pay to I.cadtz on tbc day Periodic paymeaus lR due 1IlIdcr
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 pdodty over Ibis Security Instrumcut as a lien or
cncombrance on the Property; (b) leasehold paymeats or ground rents on the Property, if any; (c) premiums .
for any and all iDsurance requited by Lender under Seedon S; Illd (d) Mortgage Insurance premiums, if any, or
any sums payable by Bonower to Lender in lieu of the paymeot of Mortgage Insurance premiums in
accordance with the provisions of Sccti.on 10. 1beso items lR caDed "Bscrow Items.. At origination or at any
time dlJrlng !he teml of the Loan, Lender may ~ that Commuuity Association Dues, Fees, and
Assessments, if any, be esc:cowed by Boaowcr, and 8Uch duca, fees and usessmcnts shall be an'Bsctow Item.
Borrower shall promptly fumish to Lender an IlOticca of 8DI01IIlts to be paid under this Section. Bonower sball
pay Lender the Funds for Ilsctow Items unless Lender waives BOI1'Owcr's obJigadon to pay the Funds for any
or all Bscrow Items. Lender may waive Borrowcr's obligation to pay to Lender Funds for any or an Escrow
Items at any time. Any such waiver may only be in writing. In the event of such waiver, Boaower sha1l pay .
dircctly, when and where payable, the amounts due for any Bscrow Items for which payment of Funds has
been waived by Lender and, if Lender requires, sball fumlsh to Leudcr tCCCipCI evidenoing such payment
wilhin such time pcdod as Lender may .require. Bonowcr's obligation to make such payments and to provide
receipts shall for all purposes be dccmcd to be a COVCll8llt and qreemeDt contajned in this Security
Instromcnt, as !he pbraso .COVCllllllt and agrccmcnt. Is used in Section 9. If Bonower Is obligated to pay
Ilsctow Items dhect1y, pulSUlII11 to a waiver, Illd Boaower fails to pay lhe amount due for an Bscrow Item,
Lender may exetclse its rights under Sccti.on 9 and pay such amouat and Boaower .ball then be obliptcd
under Sccti.on 9 to repay to Lender any such amount. Lender may mvotc tbc waiver as to any or all Bscrow
Items at any lime by a notice given in accordance with Sccti.oo 1S and, upon such rcvocalion,. Bonower sball .
pay to Lender all Funds, and in such amounts, that lR then required under thls Sccti9D 3.
Lender may, at any time, coJlcct and hold Funds in an amount (a) 81Ifficient to pennit Lender to appJy the
Funds at the time specified under RESPA, and (b) not to e.xceed tbc maximum alJ10UDt a ICPdcr can require
under RBSP A. Lender shall eslimatc 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 shaUbe held in an institution whose deposits arc insured by a fcdmI agency, inst1Umentality,
or entity ('mcluding Lender, if Lender Is an institution whose deposits lR so insured) or in any Pcdctal Home
Loan Bank. Lender &hall apply lite Funds to pay the Escrow Items no later than the lime specified under
RBSPA. Lender shall DOt charge Boaower for holding and applying the Funds, annually analyzing ~ escrow .
account, or verifying lite Escrow Items, unless Lender pays Boaower 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 FUDds, Lender sball not be required to pay Boaower any interest or eamings
on the Funds. Borrower and Lender can agree in wrldng. howev.er, that interest &hall be paid on the Funds.
Lender shaD give to Bonowcr, without charge. an annual accounting Of the Funds as rcquirccl by RBSP A.
_-&A(PA)(02Il6) CHL(a&102) "'S~1l1 ~~ 1101
.
.
DOC to t: 0006373430605004
Iflherc is a swplus of Funds IIdd in escrow, IS defined UlldcrRBSPA, Leader ~ accoant to Boaower
lot the excess funds in llCCORIaocc wilh RBSPA. If dIero is a shortage of Funds hdd in escrow, 88 defined
under RESP A, Lender abaIl notify Boaowcr IS zequIred by RBSPA, IIld Boaow<< abaIl pay to Leodec the .
amount JIClCCSS8I:y to maIcc up the shodqe in acc""'",.oc 1rith RBSPA, but in no more dlan 12 moillhJy
paymeIllS. If Ihcre is a deficiency of Funds held in ClSCl'OW, as defined 1IIIder RESP A. Lender sbaU notify
Borrower as required by RESPA, and Boaower shall pay to Leader the IIIIOUIlt necessary to mate up the
deficicacy in lK:COldance wilh"RESPA, bat ill DO ~ dIan 12 DIllIlthIy payqIeIIt8.
Upon jla}'IIICIlt in full of all sums ICCUred by Chis Sec:adgr Instrumatt, I.cJIIIer sbal1 promptly refund to
BOD'OWet any Funds hdd by Lcndet. .
4. Oaargesj LieDs. B01TOW<< Ihall pay aD.cues, ~ charges, fiaes, and hnposilions attributable
to the Property which can attain pdority avec lhis Secmigr Instmment, Jeaseho1d paymenJs or ground 1eIll8 011
thePmperty, Hany, and Community AssocilltionDues,Fees,IIIdA-cs. Hany. To thecxtent thatthcse .
items are Escrow Items, Borrower shaD pay them in tho JD8IIIIllr provided in Section 3.
Borrower shaH promplly discharge any lien which bas prlodty over Ibis Secudgr Inatnancnt uoIess
Boaower: <a) agrees in wrlling to the payment of the obJigalion 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 cnfoo:ement of lhe lien in, legal procccdinp wbicb in Lendets opinion operate to prevent the
enforcement of the lien while those proceedings are pcoding, but only undl such proceedings are concluded;
or <c) secures from the holder of the lien an agteemedt aadsCactory to Lender subordinating the lien to this
Security Instrument If Lender detMnines that any part of the Property is subject to a lien which can attain
priority over this Security InSCrument, Lender may give Borrower a notice identifying lhe lien. Within 10 days .
of lhe date on which that notice is given, Borrower shaI1 satisfy the lien or lake one or more of the actions set
forth above in this Section 4.
Lender may require Borrower to pay a one-lime charge for a real estalc tax veriti.cation andlor n:porting
service used by Lender in connection with this Loan.
5. .Property Insurance. Boaowec sha1I keep the improvements.now existing or hereafter eteClcd on the
Property insured agaiost Joss by file, hazards included wilbln the teem .Clttended coverage,. and any olher
hazards including, but not limilcd to, earlbquaIcts and floods, for which Lender mJUires insutanco. This
insurance sbal1 be maintained in the lIID01JI1tS (mcladiag dcducCible .levels) and for the pedods that Lender
requires. What Lender requhes pursuant to the preceding 8eDIe8ccs can change du.dDg the term of tho Loan.
Tbe insurance caaier providing the insatance 8I!aD be cIw6en by Boaowec subject to Leoder's right to .
disapprove Boaowet's choice, which light slIa11 not be 0Dlldaed uoreasonably. Lender may IeqlIire Boaower
to pay, in coonection with this Loan. eithet: (a) a ooc-time c:bargo lot J!ood zone detenninatioD, CCditication
and fI:8ckinr services; l!f (b) a one-Iimc c:Iwgc for J!ood ZOIIC detI!rmin,llOllIlld CCditication services and
subsequent charges each time remappings or similar c1langea occar which masonably might affect such
dclmnination or CCditication. Borrower shaI1 also be mspoosiblo for the payment of any feci imposed by the
Federa1 Bmecgency Management Agency in COIIDeCtion with tho review of any flood zone determination
resulting from an objection by Borrower.
If Borrower fails to maintain any of tho coverages descdbed above, Lender may obtain insumnce
coverage, at Lendets option and Boaowcr's expense. Lender.is under no obligation to purehase any particular .
type or amount of coverage. Therefore, such coveage sbal1 covec Lender, but might or might not proIcCt
Borrower, Boaawets equity in the Property, or the conte11t8 of the Property, against any .dsk, hazard or
liability and might provide greater or lesser covenge than was previously in effect Borrower acknowledges
kdBak~
Form 303t 1/01
~-6A(PA) (0208)
CHI. (lI6/02)
Poae8a116
.
.
DOC ID t: 0006373430605004
tbIt the cost of the insuraoce covetlIp SO obtaiaed might JipitiC8lltly meed the COlt of inslII:ance Ibat
Boaower could have obtained. Any lIII10UIdSdisbuaIed by LellderUlldet dIis S~ S shall become addidoaal
debt ofBoaower seculed by thi8 Security IdsttumeGt. Tbeac IDIOUDlS 8ha1I beat Jntetc:st at the Note rare from
the elate of disbunlcmcat and shall be payable, with such Intcmst, 1IpOIl nolicc from I.eacb' to Borrower
requesting payment.
AIl iDsutance policies Rquired by Leader aDd 1eCIOWIls of such p()1icies 8ha1I be lUbject to Lcodet's dghl
to disapprove such policies, llbaU incIudc a atandard IDlJrtp&e clause, aDd abaII II8IIIe Leader as mortpgee
and/or as an addiliooallosa payee. Lender abalI have the rigIIt to hold tho policiea and reaowal cMifi.-". If
Lender requires, Boaower sbalI pmmpdy give to Lender an xeceipIa of paid premiums aDd mnowal aotkcs. If
Bonowcc oblains any form of inaumnco c:ovedlge, IIOt 0Cbcrwia0 required by Lender, for damage to, or
dcstroclion of, the Property, such policy mall .lnc:Iude a atandacd mortgage cIauso and aball name Lender as
mortgagee and/or as an additional loss payee.
In the eVCll~ of loss, Boaower shall give prompt notice to Ihe lnauranco caaicc and Leader. Lender may
malcc proof of loss if not made promptly by Boaower. Ualesa Lcndcc and Boaower othcrwiac &gee in .
writing.. any insurance proceeds, wbcthcr or IIOt lhe undctlying insurance was required by Lender, shall be
applied to cestooltion or repair of tho Property, if lhe le8lOrIIion or repair is economically feasiblc and
I.eader's aocndty is not lessoned. During such repair and le8toralioo. period, Lender aha1l have the right to hold
such insumnce proceeds wtil Lender has had an opporlUIIity to inspect auch Property to onsuro the wodc bas
been completed to Lender's satisfaction, provided that such inspection sball be undertaken promptly. Lender
may disburse proceeds for the <<:pairs and 1l:Stor8tion in a singJc payment ot in a so.ries of progress payments
as the work. is comp1etcd. Unless an agreement is made in writing or Applicable Law requires interest to be
paid on 8UCh insurance proceeds, Lender shall not be requircd to pay Boaowcr any intcceat Ot earnings 0!1
anch proceeds. Foes for public adjustetll, or other thi1d parties, ~ by Borrower shall not be paid out of .
the insurance proceeds and shall be tho sole obligation of Borrower. If the IC8lOr8lion or repair is not
oconomicaIly'feasible 01' Lender's security would be 1cascucd, the insurance proceeds shall be appIicd to tho
aums secured by this Secwity Instromont, whether or not then cJae. with tho excess, if lIlY, paid to Boaower.
Such insurance proceeds shall be applied in the Older provided fot in Seccion 2.
IfBoaower abaddons tho P1'oporty, Leodet may file, aegoliatc and SCUle any available insutance claim
and related matters. If Borrower docs not .GlSpOIId wilbin 30 days to a ace from Leodct that the iIlsuamce
carrier has offered to settle a claim, then Lender may negotiate and aetdc the claim. The 3O-day podod will
begin when the notice is given. In either oveat, or if Londct ac:qnims the P.roperty under Soc:tion 22 01'
otherwise, Boaower hereby assigns to Lender (a> Borrower's tights 10 any insnratu:e proceeds in an amount .
not to exceed ~ amounts unpaid under tho Norc or dIis Security Instrument, and (b) any other of Bonowcr's
rights (other than the right 10 any refund ofunearned.premiums paid by Boaower) under all insurance policies
covering the Property, insofar as such dghta lI1'C applicable to the coverage of tho Property. Lender may 1I8C
tho iDsuraacc proceeds eilh<< CO repair or teStol'e lhe Property oc to pay 8ID01I1Its unpaid under.the Note or this
Security Instnuncnt, whclh<< oc not then due.
6. Occupancy. Boaowet' ahall OCCllpy, estabJiab, and 1IlIC 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
Boaower's principal residence tor at least one year after tho date of occupancy, unless Lender otherwise
agrees in writing, which consent shall not be unreasonably witbhc1d, 01' unless extenuating circumstances exist .
which arc bcyond Borrower's control.
_ -&A(PA) (02116) CHL (OGlO2)
Pego7of16
In1Uals' 4t/ >
~3039 1101
.
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DOC 10 .: 0006373430605004
7. Preservation, Maiofenaace and ProtectioD of Ole Propertr, 1IIspedicms. Boaowcr shall not
destroy, damage or impair lite Property, allow lite Property 10 deCcdoalle or commit waste on lhe Property.
Whecber or not Boaowcr is residing in lhe Property, Boaower sball maintain the Property in Older to prevent
the Property from detedorating or decreasiJIg in value due 10 ita condition. Unless it is detennined pIUlIWI1lt to
Section S that repair or restomtion is not economically fca81"bJc, Borrower sba11 prompdy repair the Property if
damaged to avoid further detedoration 91' damage. If insurance or condemnation proceeds are paid in
coanection with damage to, or lite taking of, lite Property, Boaower sba11 be responsible for leplliring or .
restoring the Property only if Lender has mJeased proceeds for auch JIUIP08CS. Lender may disburse proceeds
for CIte repairs and rcstoralion in a single paymcut or in a sedes of progress payDICIlts as the WOEk is
completed. If the insurance or CODdemnaticin proceeds arc not 8Uffic1eat to tqIair or restore the Property,
Boaowcr is not relieved of Boaowcr's ob1igation for the completion of 81ICh tqIair or CC8toI:ation.
Lender or its agcot may make rcasoaab1e entdcs upon IIId inapections of the Property. If it has
reasonable cause, Lender may iDspect the infedor of the imp!OYC1DC1U8 on. the Property. Lender shaD give
Boaowcrnotice at the lime of or pior 10 such an intedor iaspection specifyjng such.reasonable cause.
8. Borrower's Loan AppJicat1oo. Borrower sba11 be in defauk if, dudng the Loan appJicaIioo. process,
Boaowcr or any pCl'SOOS or entities actiJIg at lite direction of Boaower or with Boaowcr's knowledge or .
consent gave matcrlal1y faIsc, misll'Mlng, or iDaccumte infomIation or statements to Lender (or failed to
provide Lender with mateda1 infotmatioo) in counection with the Loan. MatcdaI rcpreseotations incl1ldc, but
are not limited to, representations C9Dccming BCll"l'OWel's occupancy of the Property as Boaowet's principal
residence.
9. Protection of Lender's Interest ia Ole Property and:Rights UDder this Seeuritj Instrument. If (a)
Borrower fails to perform lite covenants and agreemcats contained in this Security Instrument, (b) there is a
legal proceeding that might significantly affect Lendcr'. lDIclest in the Property and/or lights under this
Security InstrunIcnt (such as a proceeding in banbup1cy, probate, fOr condcmaation or forfeituJe, for
eofol1:ement of a lien which may attain priodty over this Security IDstroment or to eoforce Jaws or .
regulations), or (c) Boaower has abaodoned the Property, then Lender may do and pay for whatover is
reasonable or appropriate 10 protect Lendcr's interest in lite Property and rights under this Security InslrUlllcnt, .
including protecting and/or assessing the value of the Property, and securing and/or repairing the Property.
Lendct's actions can include, but are not limited to: (a) payiDg any IIIID8 secured by a lien which has priority
over this Security InslrUment; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect ita
interest in the Property and/or rights under this Security Instmment, including its secured position in a
banlauptcy proceeding. Securing the Property includes, but is not limited to, enmrlog the Property to make
repaiIll, change locks. replace or board up doo11!I and windows, ckain water from pipes, eliminate building or
other code vioiations or dangerous conditions, and have utiliIies tumcd on or off. Although Lender may falce .
action under this Section 9, Lcndct docs 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 authorlJed under this Section 9.
Any amounts disbursed by Lender 1mdcr this Section 9 shall bcc:onIc additional debt of Borrower secured
by this Security Instrument. These amounts .haD bear interest at the Note ralC from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Boaower requesting payment.
If this Security Instrument is on a leasehold, Boaower shall comply with all the provisions of the lease.
H Boaowcr acquUes fee tide to the Property, the leasehold and the fee tide shall not merge unless Lender
~ to the merger in writing.
_1A(PA) (020G) CHI. (060112)
Page 8 al 16
lnltlaIs: ~3039 fJ01
.
.
DOC ID .: 0006373430605004
10. Mortgage Iosurance. If I.eudcr JCqlJirecI Morf88Ie Jnsunmcc as a cooditiOll of maJdog Ibc Loan,
Boaower shall pay the premiums required to maiaI8ia die Mmtpae IDsuI1DCO in effect. If, for any reasoa, die
Mortgage J:osuamco c:ovcmge required by Leader ceuoa to be available from tbc I1IOlfgagc iasUlet Chat
prcvioualy JIl'Ovidcd such Jasuranco 8Dd Borrower was toqairecl to mate 8tIp8mIrlIy designated paymeIlIs
toward the p:emiuma fOr Mortgage 1'asm:Incc. Borrower abd pay die p:aniums ~ to oblain COwage
substantially equivalent to the ModaaaelDaaraDce ~ in offcct, at a cost IUbslandaDy eqaivaleat to lbe
cost to Boaowec of d1e Mortgage IDsuraDco peviousIy ia. offcct, from an lIItca1a IIlOdp&c izIamu eeIccted
by Leader. If substandaDy equi\lllent Mtwtp&e JDsuradco covezaae is not available, Borrower sbaJI continue .
to pay to Leodec the lIIIlOIIllt of the scparafCly ~l\fed paymeats !bat were due when lbe iDsuraDc:c coverage
ceased to be in effect. Lender will accept, 1IlIe ~ mlIln theao JIllYIIICIlflI as a non-mfundlbJo Joss reserve in
lieu of Mortgage Insuranco. Suclt loss reserve sbalI be noo-rct\mdabIe, notwidlSlaIlding die fact that the Loan
is 1IIlimately paid in fuD, and Leader sbalI not be RqUired 10 pay Boaower any intcreat or eaminp on such
loss reserve. Leodet can no longer ~ Joss rcsene paymcats if Mortgage Insuranc:c covenge (lu the
amount and for the period that Leader requim) ptOvkfed by an insurer acIectcd by Leodet again becomes
available, is obtained, and Lcndu requires scpamtcIy designated payments toWard the premiums for Mortgage
Iosumnce. I( Lender required Mortgage Insurance as a oondition of mak;mg the Loan and Bocrowor was
required to make sep8llltely designated payments toward the ]RIDiums for Mortgage Idsmance, Borrower .
sbaII pay the premiums rcqui~ to maintain Mortgage Inaotance in o1fect, or to provide a non-lCfwldable loss
.reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wriucn ~t
between Borrower and Lender ptOvidillg for such tcnninatiOll or UIllil telminalion is requited by .Applicable
Law. Nothing in this Section 10 affects Boaowet's obliption 10 pay intcreat at the rate provided in the Note.
Mortgage Jnsumnce reimburses Lender (or any ~ lhat purchases the Note) for ccrcain losses it may
incur if Borrower does not repay the Loan as agmed. Borrower is.not a party to the Modgage Jnsuranco.
Mortgage insurers evaluate their toCaI dsk on all such ill8\lrllllCC in force from time to time, and may enter
ineo agreements with other parties that sham or modify their rl8t, or ~ losses. '1'he8e agmcmcats am on
teems and conditions that am satisfactory to the mortgage insurer 8Dd lbe othec party (or parties) eo these
ag&'eCDlCDIs. These agIeCOlCIIts may ~ lbe morraaao insurer to make payments using any IlOUroO of funds .
that the IIIOdgage insUrer may have available (which may include funds obtained from Mortgage Insurance
pmniums).
AI; a result of these agreements, Lender, any pwdIascr of the Note, another insuter, any reinsurec, any
other entity, or any affiliate of any of lbe foregoing, may ~ve (directly or indilecdy) IIJlOUJlIS that derive
from (or migbt be cIwactedzed as) a podiOll ofBoaowct'. paymenlS for Mortgage Insor:ancc, in cxdIango for
sbadng or mocfU'ying the IIIOdgage Jnsurei. rl8t, or teduc:lnr Iossca. If such agmement provides tbat an
at1iIiate of Lender takes a share of die insurcr's risk in excIuuIge for a share of !he premiums paid to the
insurer, the ar:rangc:ment is often tcImcd "captive reinsuranc:c," Purlhec
(a) An, sueh agreements will not affect the amouafs fIlat Borrower has agreed to par tor Mortgage .
IDsuranee, or anr other terms of the LoaD. Sad!. agreemeats wD1 DOt iDcrease the lIIIlO1IDt Bon-ewer wJ!l
owe for Mortgage IDsuraIu:e, and ther will DOt eafitJeBorrower to lID1 refnDd.
(b) Any such agreemeuts will not aO'ed the rights BolTOwer has . if any. with respect to the
Mortgage IDsuranc:e under the IIomeownen Protedlon Act of 1998 or llD1 other law. These rights may
JncIude the right to receive certain ctiscl~ to request and obtain cauce1lalion of the Mortgage
IDsurance, to have the Mortgage IDsurance terminated autoJaaticaDr, and/or to receive a refuDd of anr
Mortgage Insurance premiums that were unearned at the time of such cancellation.or tenninafioa.
~~ .
Fonn 3039 1101
_-6A{PA) (0206)
ail (06102)
Page 9 of 18
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DOC 10 I: 0006373430605004
11. Assigameot of MisceJIaoeous Proceeds; Forfeiture. All MisccUancous Proceeds lIRI !weby
assigned to and shall be paid to Leader.
If die Property is damaged, mcb MiscelI8IIC01lS Proc:oeds shall be applied to restoration or repair of the
Property, if die restoration or repair is ~ feasible andLaldcr'l security is notleaieaed. DadDa IUdl
repair and 1a1Oradon pedod, Leader shaD have thedBht 10 hold aoh MiaceJIaaeous Proceeds 1IDd1 Leadcc bas
bad all opporcunity to iDspcct such Property to ~ the wodt lias beCIl c:oaap1eted to Leodcr's sadsCacli.ou,
plOYided tbat such iDspection shaD be uncIcdabu. promptly. Leader may pay 1br die ropairlllDd ~ in
a siogle disbmsement or in a series of pmgma paymtlDIa as die WOIt is compJcfcd. Un1css an apemcnt is
made in wrltiog or App1ic:abIe Law ~ Jaterest 10 be paid on such MbltWI~ l'rocoods, Leader shall
not be required to pay Bonowet iny interest or earnings on such Ml8l>>11aoseous Pmcccds. If the a:storatioIl or
repair is not economicaUy fcasiblo or LoIIder's security would be lesseDed, the Misce11aneous Ptoceeds shall .
be applied to the sums secured by this Scc:uIiq IastnJment. wbelber or not then due, with the 0XCC8S, if my,
paid to Bonowec. Such Miqlll"'COUl PlOCCeds shall be appBed in die order provided far in Section 2-
In tho ovont of a total laking. destruction, or loss in vaIuo of tbc Property, tho Mi8celIaneous ProceccIs
shall be applied to the sums socured by dIis Security Instrument, wbotbcr or not chon due, with the excess, if
any, paid to Borrower.
In Ibo event of a partial taking. dcstroctiou, or Joss in value of Ibo "Property in which tho fair market valvo
of the Property immediately beforo lho partial taIdng, dcstraction, or loss in valvo is oqua1 to or greater than
the amount of the sums secured by this Security Instrument imnwfiately beforo lho partial taking, destmction.
or loss in value, unless Boaower and Leu.dtz otherwise agree in wdting, the sums socured by dIis SecuriIy .
InstIument sbaU be reduced by tho amount of the Miscollaneous Proceeds mullip1ied by lho following 1i:action:
(a) the tota1 amount of the sums secured immediately before the- pertial taking. destroccion. or loss in valvo
divided by (b) the fair IWl1'kct valvo of the Property immediately .before the partial taking, doslruction, or loss
in value. Any baIatu:c sbaI1 be paid to Bonowor.
In the event of a partial taking, dc8ttuclion, or loss in value of lho Property in wbicb the fair market valvo
of the Property immediately before the partial taking, destmclion. or loss in value is Joss than the amount of
the sums securod immediately before lite partial taking, destruction, or loss in value, unless Bonower and
Londec otherwise agree in writing, the MiscoIJaneous Proceeds shall be applied to the sums secured by lbls
Security Instnunent whether or not tho sums are then due.
If the Property is abandoned by Boaowu, or if, after notice by Lender to Borrower tIiat the Opposing
Party (IS dclincd in the next sentcIlCC) oJfea to make an award to settle a claim for damages, Borrower fails to
respond to Lender widlin 30 days after tho date the IIOtice is liven. Lender is authorized to collect and apply
the Mi$ce1Iaoeous Proceeds cl.ther to restoration or repair of tho Property or to tho sums secored by 1his
Security Instrument, whether or not then due. "Opposing Party"'means the thhd party tbat owes Borrowu
MisceUaneous Proceeds or the party against whom Bonower lias a right of acd.on in regard to ~
Proceeds.
Borrower shall be in default if any 8Cli0ll or proceedjng. 'lI'hether civil or crlminaI, is begUn that, In
Lender's judgment, could result In fod'eiluro of the Property or other matodal im.-""inn- of Lendefs intetest .
In ihe Property or rights under 1his Secwity Insttwncnt. Boaower can cure such a default and, if acceleration
has occuaed, reinstate IS provided In Section 19, by causing the action or proceeding '10 be dismissed widt a
ruling that, in I.end<<s judgment, precludes tbrfeiCuro of the Property or other material impairment of Lender'l/
inteteat in the Property or rights under lbls Secwity Instrument. The proceeds of any award or claim Cor
damages that are attributable to the impaianent of Lender's intccest in the Property are hereby assigned and
shaII be paid to Leoder. ~
tn1tIoIs~
~-6A(PA) (OZ06) CHL (0&102) P_10 of 18 Form 3039 1/01
.
.
DOC ID .; 0006373430605004
AD MisceJlaneous Procccds dlat arc not applied to teStoration or .copair of the Property shall be applied in
the Oldea- provided for in Section 2-
12. Borrower Not Released; Forbearance By LeDder Not a Waiver. BltteDsiOIl of the time for
payment or modification of amortizatioa of the sums secured by lbia Secwity Inscnunent granted by Lender to .
BOI'lOWeI' or any Successor in Intctcst of Bonower shaD not opemtc to release tho liability of Boaower or aqy
SUccessors in Interest of BODOwer. Lender shall not be required to commcucc Jll""""""np against any
Succeasor hi. Intomst of Boaower or to refuse 10 exIcod lime for payment or otherwJse modify amorIizaIioa of
the sums sccurcd by this Security IlISCJ:Umeatby mtSOn of any demand made by the orlgiua1 Borrower or any
Sacceasors hi. Intcre&t of Boaower. Aay fcxbearancc by Lender in exWaing any rlgbt or ICIllOd:y inc1uding,
without limitation, Lendet's lICCepWIce of pa)'IDllOts from tblrd JICl'SOlIS. CIIlitics or Successoal hi. Intct'C8t of
Borrower or hi. amounts less tIwa the lIDIOUIIt lhcn due, shall not be I waiver of or plCClude lbc cxcroise of any
dgbt or mnedy.
13.1oint 8Dd Seven! LfaWJKr. CHigueJ;s; Saccessors aad Assigns Bcnmd. Borrower CGVeII8lIlS and .
agrees that Boaowet. obJiplioos aad Jiabi1ity shall be joint and sevaaL However, any Borrower who
~ this Secudty Jnstroment but does not execute lbc Note (a .co-signer"): (a) is co-signing this Scc:udty
Instrument only to IJ1Oltaage, gnmt and convey the co-sigacr'. int<<est in the Property UDder the terms of this
Secud1y Iustrumeot; (b) is not ptaODaIIy obligated to pay the sums 8OCIJCOd by this Secwity Instrument; and
(c) agrees that Lender and any other Boaower can atree to exlcnd, modify, forbear or mate any
accommodations with rcgacd to the terms of this Secwity Iosttument or the Note without the CCHligner's
COIISeIlt.
Subject to the provisions of Section 18, any Suc:cessor in Intc:test of Boaower who lIllSUIIleB Bolrowcr's
obligations under this SecuIilJ JDstlumeat in writing, and is approved by Lender, shall obtain 111 of Boaowa's .
rlgJus and beoefi(S under this Scc:ud11 Inslrument. Borrower shall not be released from Boaowtt's obliplioas
and Jiability UI1der Ibis SCCUl'il1 Instrument 1IIIbs Leader agrees to such mIease in writing. The coveaanll and
agmemcnlS of this Security Insttumeat sba1I bind (CltCe)lt as provided in Section 20) and benefit the successors
and assigns ofLendcr.
14. Loan Charges. Lender may charge Boaower fees for services performed hi. COJIIlOC(ion with '.
Borrower's default, for the pUtpOso of protecling Lender's interest in the Property and lights under lhis
Secwity Instmmcnt, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
reganI to any other fees, the absence of express autboril1 in this Sccuril1 Instrument to charge I specific fee to
Borrower shall not be construed as a prohibition on the clwging of such fee. Lender may not eba1ge fees that .
arc expressly probibited by this Security IDstromcnt or by Applicable Law.
If the Loan is subject to I law wbich sets maximum loan charges, and that law is finally intcIpICted so
that the interest or other loan cbargcs coDected or to be coDected in connection with the Loan exceed the
pcaoittcd limits, then: (I) any such Joan charge shall be reduced by the amount necessary to reduce the clwgc
to the permitted limit; and (b) any sums ~ colJccted from Borrower which exceeded pemlittcd limits wID
be refunded to Borrower. Lender may choose to maIce this refund by reducing the prlnclpal owed under the
Note or by.makii1g a direct payment to Boaower. If a refund reduces ~ipa1, the reduction will be treated as
a partial pmpaymcnt without any prepayment cbarge (whctbcr or not a prepayment eba1ge is provided for
1IlIder the 'Note). Bonower's acceplanCC of any such refwid made by direct payment to Borrower will .
constitute I waiver of any rl~t of action BOlrOWCl' might have arising out of such ovecclwge.
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15. Notkes. All aoticea given by Bom:lwer or Lmdcr in 00mIccCi0Il wid1 dlls Security J:ostmmeot DUSt
be In wriCiD&- AJ1y IlOlice to BOll1)WU' in COIIMCdoa with thiI Sccudty Jnsuamcnt sba1l be deemed to have
been givca to Bonower whoa mailed by fiat class mail or wben accaaIly dc1ivcrecl to BCln'OWeI's IlOticc
lIIfdm8s if sent by othet IDtlID8. Nocicc to any ODO Bouower sba1l COlI8Citute DOticc to aD Boaowem 1D1Icss
AppIicabJc Law expressly teqUires 0Cherwi8e. 'l'bc aoticc adcbss sba1l be the Property Address 1III1ess .
Boaower has deslgnlllM a lIUbslitute notice addIas by notice to Le8der. Boa:owet sba1l prompdy DOlify
Leader of Boaowets change of addreaa. If LcI1dcr apcc:.ifiea a procedure for lCpOding Borrower's change of
addaa, then Boaower sbaIl only report a change of addrcaa throu&b that speclficd procedure. 1hcrc may be
oa1y ODe deaigaaCl"d notice addas uncfer lhia Secud1y lnalnJd1COt at my one timc.' AJ1y notice to Leader shall
be liven by delivering it or by miiling it by first class mail to Lender's addIas stated betem unless Lender has
lIe8igJt..~ another address by notice to Boaower. July notice in conaection with this Secudl1lDslrumcnt
sba1l not be deemed to have been given to Lender 1IIIIiJ actually teoeived by Lender. If any notice required by
this Secwil1 lnatrument is also required under Applicable Law, the Applicable Law requimnent wiD sadsfy
the caaesponding requirement UIIder this Security lllatrument.
1'- Goveraing LaW; Seyerability; aules of CoDStrudiou. This Sccwil1lnstrumcnt shall be govcmed .
by fededllaw and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Secudl1 InsIroment are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicidy or implicidy allow the parties to agree by COI1tract or it might be silent, but
such silence shall not be constmed as a prohibition against agreement by contract. In the event that any
provision or clause of this Sccuril1lnstmmcnt or the Note contliCfS with Applicable Law I such conflict ahall
not affect othet provisions of this Securil1 Instrument or the Note which can be given effect without the
conflicting provision.
& used in this Securil1 Instrument: (a) words of the mascuIinc gender sha1l mean and include
c:oacspooding neuter words or words of the feminine gcoder; (b) words in the singular shaD mean and include .
the plural and vice versa; and (c) the word .may- gives sole disctetion without any obligation to take any
action. .
11. Borrower'. . Copy. Boaower shall be given OIIC copy of the Nole and of this Securil1 Iostromeat.
18. Trausrer of the Property or a J'fnp~1 IDterest in Borrower. & used in this Sectioa 18,
"JnleIest in the PtojICdy- meaas any legal 01' bencfidal iDtcrcst in the PropeIty, including, buJ not limited to,
those bcoc6ciaI intct:cats transferred Jo. a bond for deed, cootaICt for deed, W-l""""~ sales conttact or escrow
agrccmcnt, the intent of which is the cransfct of title by Boaower at a futuro date to a purchaser.
If all or any part of the P10pcrty or any Illteleat in the Property is sold or tmnsfcacd (01' if Borrower is not
a Illltural person and a beneficial interest in Boaower is sold or transli:tred) without Lcnder's prlor written .
consent, Lcndct may require immediate payment In full of all sums secured by this Securil1 Instrument.
Howcver, this option shaJI not be cxcroiscd by Leader if such cxcrcisc is prohibited by Applicable Law.
If Lender ~ this oplion, Lcndct sbaIl give Boaower nOlice of acceleration. TIle notice sha1l
provide a period of not less than 30 days from the date Ihc noIice is given in accoIdance with Sectioa 1S
within which Borrower must pay all sums secured by this Sccudl1 Instrument. If Borrower fails to pay lhcsc
sums prior to the expitalion of this period, Lender may invoke any remedies pennitted by this Securil1
Insttument witbout further notice or demand on Borrower.
U. Borrower'. Right to Reinstate After Acc:eletatiou. If Borrower meets certain conditions, Borrower
shall have the right to have cnfoo:cmcnt of this Securil1 Instrument discontinued at any time prior to the .
cadieat of (a) five days before sale of the Property pursuant to any power of sale contained in this Securil1
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Josuamcnt; (b) such other period as Applicable Law might specify for lhc wmlUl\tinn of~wcr's right to
rcin8tatc; or (c) entry of a judgment enforcing this Sccurlty 1nsl1ument. 'lbosc conditions arc that Borrower.
(a) pays Lender all sums wbich tbcn would be due UDder this Security Instrument and the Note as if no
accclemtion bad occ:uacd; (b) cares any default of any other covenants or agreements; (c) pays aD ClqlCDSC8
incuacd in enforcing this Security IDsfrumcnt, including. but not limited to, n:asonable attomeys' fees,
property inspection and valualion fees, 8IId other fees incurred for 1he JIlIlP08C of protcctiog Leodcr's iDtelest
in lite Property and rights under this Securlty Jostrumcnt; and (d) tabs such acd.0Il as Lender may reasonably
require to assure that Leodcr's inteIest ill the Property and JighCll 1IlldCr this Sec:wity InstnJmaIt. and
Borrowcr's obligaliOll to pay the 8lIIll8 sccuml by this Security Inslmmcat, 8baJl continue unohanged. Lcodcr
may n:qukc that Borrower pay such ~ sums aud cxpeaaes ill one or more of the following forms,
as selected by Lender: (a) cash; (b) JDODey order; (c) certified cbcck, but c:bcck. ~s check or casbier's
check, provided any such cbcclt is drawIl upon III institution whose deposits lll'C iosw:ed by a federal qeacy,
instmmeatality or eatity; or (d) BIccUoDic FuacIs 1iaasfer. Upon PiAstaremcnt by Borrower, this Secwity
Instmment and obligaIiOllS 8CC'Ul"ed betcby shall mnain foUy cffccliyc as if no acce1cratiOll bad 0CClIIl'Cd.
However, this right to reIDSCatc sbaIl not appIy in tItc case of acceIemdoa 1IIIdec Section 18.
20. Sale of Note; Change of Loan Senicer; Notice of Grie't'lllUle. The Note or a partial interest in the ,
Note (together with this Security Jastmmcnt) can be sold one or more times without prior notice to Borrower.
A sale might tesul( in a chaIIgc in lhc entity (known as the "Loan Scnic:cr") that collects Pedodic Paymcots
due under the Note and this Secudty Instmmcat aud pedoans oIhcr IllOdp&e loan Stl'Yicing obligations undcr
the Note, this Sccurlty Instrument, aud Applicable Law. 'Iberc also might be one or more changes of the Loan
SeMcer unrdated to a sale of lhc Note. If there is a change of the Loan Servicer, B01Ti>WCl win be given
wrlUen notice of the change wbic:b will state the name 8IId address of 1he new Loan Scrvic:cr, the
addess to which payments should be made aod any other informatiOll RBSPA requires in c:oancc1ion with a
nodeo of lI:8IISfer of servicing. If the Note fa sold and thereafter the Loan is aerviccd by a Loan Servicer othet
than 1hc purcbascr of the Note, lhc mortgage loan aervicing obligatiOllSto Bcaowcr wiD remain with 1hc Loan .
ScMcer or be transfcaed to a auc:cessor Loan Servicer and arc not assumed by the Note pucchascc unIcss
oth<<Wise provided by the Note purchaser.
Neither Borrower nor Lender may commcnc:c, join, or be joined to any judicial action (as either an
individual litigant or lite member of a class) that adscs !rom the other party's actiOllS pursuant to this Security
lostl1Imcnt or that alleges that lite other party has breached any provision of, or any duty owed by mason of,
this Security Instrument, until such BorroWCl' or Lender has notified the othet party (with such notice given in
complianc:c with the requixements of Secdon 15) of such aneged breach and afforded'the other party hcteto a
reasonable period after the giving of such notice to taIcc coaective action. If Applicable Law provides a time
period wbich must elapse before certain ac:lion can be taken, chat time period will be deemed to be reasonable .
for puqlO8CS of this paragraph. The notice of acceleration. and opportonity to cure given to Boaowcr plllllUllllt
to Section 22. and the notice of acceleration given to Boaower pumuant to Section 18 sball be deemed to
satisfy lhc notice and oppodUllity to taIcc c:oacctive accion provisions of this Section 20.
2L Hazardous Substaaeea. As used in this Section 21: <a) "Hazaadoul! Substances. are those substances
defined as toxic or bazanious substances, polh,'pUf$, or wastes by BnYiromnentaJ Law and lite following
substances: gasoline, kerosene, other fIammabIc or toxic petroleum products, toxic pesticides and herbicides,
voIacilc solvents, materials c:oo.tsining asbestos or formaldehyde, and radioactive watM.91s; (b)
.Environmental Law. means fcdcrallaws and laws of the jurisdiction where the Property is located lItat 1date
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to health, safety or eaviroameatal protection; (0) "Bnvironmental Cleanup- includes any RlIpOIISO ICti.oo, .
remediallICtion, or MmOval acIioa, as defiaed in Baviromneata1 Law; and (el) an -Bnviloamental Cor\ditioci.-
IDC8IIS a condilioa that caa cause, c:olllrlbufo to, or 0lhetwi8e IIigger an Bavironmcntal Cleanup.
Boaower sbaIl not Cll1IllO or permit lhe presence, UIC, disposal, 8tol'8gC, or mease of any Hazardous
SUblMaacca:, or thrcafcn to mIease any HazlIldous Substauces, on or in Ihc Property. Borrower shaI1 DOt do, nor
allow anyone eJac to do, anything affccdng Ibo P10perty (a) that is in violation of any EnYiroameotal Law, (b)
wfdc:h creates an BnviromnentaJ l"nn.rt1l\)l\ or (0) wbich, due to tbc JlLCSCIICCt 1JIC, or te1casc of a Hazardous
Subslance, creates a coadi(ion that adveaely afreccs Ibo value of Ibo Property. Tho prcc:ccliu, two IlCIltaIl:e8
shall not apply 10 the pretItilICC, use, or storage on d1c Property of 8IllaII quanIilics of Hazardous SubsIllDces
that are gcncm11y RlCOgnizcd to be appropaialIl to DOmIalltSidendal uses and to malntcnancc of the Ptoperty .
(JIICludioI, but not Jimited to, haza1dous IUbslaDces in COIlSlIDlCr productlI).
Bonower ahaII promptly give Lender wrlllellllOlice of (a) any investigation, c1aim, demand, lawsuit or
otbct action by any governmental or regulalOly agency or private party involving the 1'ropcrlJ and any
Hazardous Substance or Environmenl8l Law of which Borrower has acmal knowledge, (b) any BnvitonmeataI
Condition, including but not limited to, any Ilpil6ng, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition cauacd by Ihc pteSCIlCC, use or release of a Hazardous Sub8tancc
which adversely affects the value of the Property..lf Borrower learns, or is notified by any govcmmeatal or
regulatory authority, or any private party, that any removal or othet remediation of any Hazardous Substance
affecting Ihe Property is necessary, Borrower sbaIl promptly lake all necessary remedial actions in accoaIance
wilh Bavitonmcntal Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVBNANTS. Boaower and Lender 1iuIhet covenant and agree as follows:
2Z. AeeeleraCiou; Remec1ies. Leader IlIaD. &1ft DOtiec to Borrower prior to aceelerlIlion foDowlDg
Bonower's breach of llD1 COyeoant or qreemeat In this Securit11Dstrument (bat not prior to
acceleralion under SectIon 1811111ess App1lable Law proYides otherwise). Leader sIIaD uotifJr Borrower
or, among other tIdap: (a) the cIefa1dt; (b) the don required to eare file cJerault; (e) when the default
JIl1ISt be eared; 8Dd (d) Oaat f.ailure to eare the cWault as spedIied Jna1l'eS111t in acee1eraIion of the 8IDD8
secured by this Securitr IiWument, foredoIute by jdIdaI proc:eecIiDg anclsale of the Propertf. Leadfr .
shaH farther inform Bonowet' of the riglat to reiasfate after aeceleration and the dght ~ asrert in the
foredosure proceeding the nOn-existeDce of a default or aay oCher defeDse of Borrower to aeee1eralion
and foreclosure. II the default is BOt cured as specl6ed, Leader at its option ma1 require fmmedIate
payment in full of an S8III8 secured b1 flUs Security IDStrameIIt without further demand awl may
foreclose Ods Security IDstnuneut b1 judicial proceediDg. Leader shaD lie entitled to eoJIeet aU expeaaes
incurred in pursaiug the ftII1ec1ies proUcled in Ods Section 22, iDc:luc1ing, but not limited to, attorDe18'
fees and costs oC IifIe e'rideuce to the edeat permitted by Appic:ah1e Law. .
23. Release. Upon payment of all sams sccored by thi8 Secwity Insb:ument. this Security l'nst1Umcot and
the estate conveyed sbal1 tenninate and become void. After such 0CCl1II'CIICC, Lender shall discharge and .
satisfy this Secw:i.ty 1nslmmcJU. Borrower: shaD pay any tec01dalion costs. Leader may charge Borrower a fee
for releasing this Security Instrument, but 0IIly if the fee is paid to a 1hitd party for scMces rendered aad the
charging of the fee is pennilted under Applicable Law.
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24. Waiftl'& Borrower. to die llXfA:Dt pemdUcd by App&abJo Law, uves and zeleaaea any eaor or
defeols In proceedings to eoforc:c this Socurity IastlVOlCat, and bereby waives tho beaefit of any pxlSeIlt or
fulure Jaws providing for stay of execution, ex!eIIsioo of time, excmpdon &om auacbmeot, levy and aaJc, and .
homcatcad cmnpd.on.
25. R...ft-~nt Period. Bonowei. time to B:inatate provided In Section 19 8haJI cxread to ODe hour
prior to the ~ccmcnt of bidding at a &berift's sale or othtz sale puIlIUlII1t to this Secudty Instn;uDent.
26. P1archase Money Mortgage. If any of the debt sccarcd by this Security Ina1rumcnt is lent to
Boaower to acquire title to tho Property, this Secudty JJlstrument sbaII be a purc:base money 1IIOdpge.
rT. IDtenst Rate AfteI' Judgmeat. Boaowet agrees that the iaterest tatepayab1e after a judgment is
eotcred on the Note or in an actiOn of mortgage foreclosure shall be Ibc tate payable from time to time under
the Note.
BY SIGNING BELOW, Boaowet accepts and agrees to the tonDII and covenants conl8ined in this
Security Jnatmment and in any Ridec executed by Borrower and recorded with it
Wilnessea:
~
~
(Seal)
.BCIIIQWet .
(Seal)
-Boavwcr
(Seal)
-BCIIIllWOl"
(Seal)
-Bccrower
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Cea1iIicate ofReside9.~ . _,
I. (f/lt1T11eW Wt.J/J ,do hereby cerlify tbat
the comet address ofthc within-aamedModpgec is P.O. Box 2026, Flint, MI48S01-2026.
W"Jtncss my hand this I~'" day of I)1:ft d<P Y
~~
COMMONWEALTH OFPENNSYLVANIA. CU/l'\$E~
On this, lhc }JJ/l day of (hty 9<70 '1
undetsigncd ofiicct, pcl$OII8lly appeared
CA11l'14X'SWAt- tzWELDfll
County 88:
, before me, lhc
known to mo (or sadsfactorily proven) to be the
pcaon(s) whose namc(s) Ware aub&c:dbcd to the within instmml:ut and acknowledged tbat hclsheIthcy
executed the same for thc JI1HPOSC8 hercln coataiaed.
'11doof 0lIlcer
CONM~THOI'~VANIA
NOTARlALSEAl
NATTHEWGlINH.~".
M~-~WP..~CounIy
"",...-Expfts Fellrllary 3. 2008
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After Recording Retum To:
COUNTRXWIOE HOKE LOANS, INC.
MS SV-79 DOCtlHENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
PARCEL 10 I:
ADJUSTABLE RATE RIDER
(LIBOR IIldex . Rate Caps) .
PrqJaredBy:
MATHEW O. SPRINKEL
000020450
ISscraw/Closing t)
0006373430605004
IDoo 10 t)
IIULl1STATE ADJUSTABLE RATE RIDER - UBOR INDEX. SIrge FamIly
OONV
· Be. ARM RIder
1 Ul93-XX (Olf04.)(d) P1I98 1 of 4
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THIS ADJUSTABLB RAm RIDBR. is made Ibis TWEL!'TH day of
HAY, 2004 . 811d is incocporatcd into and shal1 be deemed to amend and supplement !be Mortgage,
Deed of TlUSt, or Deed to Secure Debt (lbtl .Seewity Instrllment") of lbtl same date given by lbtl1lJldcraipcd
(lbc "Boaowet") to sec:um Boaowcc'a Note to
AMERICA'S WHOLESALE LENDER
(lhc "Lender") of lbtl same date and covering lhc property descdbcd in the ~ Jnstrument and locafcd at
. 25 OLD STONEHOUSE ROAD, CARLISLE, PA 17013
(Prapc:tt, Acl4cas1
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE
AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE
TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY.
ADDmONAL COVENANTS. In addition 10 the covonanta and agrccmcnts made in the Security
Instrument, BoaoWCl' and ~ furthci' covenant and agree u follows:
A.lNTERFSTRATE AND MOlmILYPAYMENT CHANGES
The Note provides for an hUtiaI iatacst D.le of 7. 875 f,. The NOle provides for changes in the
intcre8tD.le and lbc monthly payments, IS follows:
4. IN'I'ERBST RATE AND MONTBLYPAYMENT CHANGES
(A) Cumge Dates
The intece8tl8le I win pay may change on the first day of JUNE, 2007 .
and on that day every sixth month thetcaftcr. Bach date 00. which my interest .rate could change is cal1ed a
.CbaIIge Date."
(B) The Index
Beginning widt the first Clange Date. my intcccst rate wiD be based on an Index. The .Index" is lbtl
average of intetbank offered rates for six-mon!b U.s. doDar-denominated deposits in the London market
("LlBORj, u publi&hcd in 'I'M Wall S1reet JournaL The most recent Index.figure available u of the date 45
days before each Cbang~ Date is c:al1cd lbtl "Cuacnt Index. . .
If the Index is no longer availab1c, the Note Holder will choose a new index chat is based upon COIIIp8Iable
information. 'The Note HaIdee wiD give me notice of this cboicc.
(C) Calculation of Changes
Before each Change Date, the Note Holder win calculate my new interest rate by adding
SI.X & SEVEN-EIGHTHS pcrccnlage poinl(s)( 6.875 f,) to the Cuacnt Index. The Note.
CONY
. DC - ARM RIder
1U183-XX (01104)
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Bolder willlbcn lOIJJId tile RSU1t of this IlIdition to die uearest one-eighth of one perceDt8ge poJat (O.I25cx,).
Subject to the limits stated in Section.c(D) below, this mundcd amount will be my new intemst rate 1JIItil1he"
DeXt CbaDgc Date.
The Note Holder wDIlbcn &MrmlQl'; tile IdIOUIlt of die monlbly paymeat dIat would be sufficient to repay
the unpaid pdncipaI tbat I am CIpCCfCcI to owe at tile CwIgo Dale in tbU OIl the matudtJ dale at my now
iDIcrcst rate in 800sCaatially equal paymeofll. The 1'C8Ult of dIis calculation will be the new lIIJIOUDt of my
DIOIdbly paymcIIl.
(D) LImits OIlIDfen8t Rate Changes
The interest 1Ite 1 am required to pay at 1119 fimt Change Dare will not be greatct than 9.375" or
less 1han 7.875 cx,. 'l'haeafta; my interest 1Ite wiD nevee be inctcascd or dec2ascd OIl any single Oaange
Date by more than ONE , ONE-BALE' pca:eIlf8gc poinl(s) ( 1.500") from the mtc of'
intcmlt I have been paying for tile preceding six montbs. My intctest rate wiD Bovee be greater than
14.875 cx,orJcss than 7.875 cx,.
(E) EfrediveDate ofOwlges
My new interest rate will become effective on each Owlge Date. I wiD pay the amount of my new
DIOI1lhIy payment beginning on the first mon1hly payment date after the Change Date mull tile amount of my
monthly payment changes again.
(F) Notice of ChaDges
The Note Holdet will deliver or mail to me a nodce of any changes in my interest rate and the amount of
my monthly payment bcmre the cffcctivc date of any cbangc. The notice will incl1lde information requited by-
law to be given me and also the tide and telephone number of a person who will 8II8WCC any question I may
have rcganling tile notice.
B. TRANSFER. OF THE PR.OPERTY OR A BENEFICIAL JNTEREST IN BORROWER
Uniform Covenant 18 of the Security Insuumcnt is amended to read as fonows:
Transfer of the Property or a Beoeficial Interest in. Borrower. As used in this ScctiOll 18,
"Interest in the P.ropcrty. mcins any 1cpl or beneficial interest in the Property, including, but not
limited to, those beneficial interests transfcacd in a bond for deed, conll'act for deed, illJlfal1ment sales
contract or escrow agreement, tho mtcat of which is the transfer of title by Borrower at a futnrc date
to a purchaser.
If all or any part of tho Property or any Inte.rcst in the Property is sold or transfcacd (or if a
Borrower is not a natural pcmon and . bcnCficial intoccst in Bonowcr is sold or transfcacd) without
LcndeIs prior written consent, Lcndor may require imlllCCliam payment in fiIlI.of all sums recurod by
this Sccudf;y InsCnImeat Howcvec, this optioo shall DOt be C1tCIdscd by Lc:uder if such cxe.rcisc is
prohibited by Applicablo Law. Lender also 8haIl dot cxaclso this option if: (a> Boaowec causes to be
submitted to Leodec kIformatioa rcqulrcd by Lender to evaluate tho intcadcd ~ as if a new
loan were being II)8de to lhe 1raIIsferec; and (b) Lender reasonably determines that LeI1de.r's sccuriIJ
will not be impaired by tile loan assumption and that tho rlsk of a breach 9f any covenant or
~ent in this Socnrity InsIrUmcnt is acccplahlc to Leader.
CONY
· BO -ARM Rider
1 U193-XX (O'W4)
tmUafS:~
Page 3 of4
.
.
DOC ID t: 0006373430605004
To the CXlelIl pemdued by .App1icabIo Law, Lendet may clwge a msooable fee as a coaditlon
to Leada:'s c:oasent to the Ioaa ISlIUIDpIioo. Leader may also .tequim the transfetec to sign an
88SlIDIpCion agRCtDCIlt 1hat is sccepIabJc to Leader 8Dd tbat obligates the tranafcree to keep an Ibo
promises and 8gl'CCIIIeDIs made Ja Ibo Note _ Ja this Security ln8trumcnt. Bouowcr will condnuc to
be obDpted UIIdcc dle Note and tbi8 Sccudty Jascrumtat1Jlllcsa Leader tolcaacs Borrower Ja wddDg.
IfLeudcr c:rerdsos tho optioIl eo.tequim immcdiale paymca1 Ja run, Lender shall give Boaowcr
nolicc of fOOdcradOll. Tho nodc:o shall proYido a pcriocl of not less than 30 days from Ibo date the
noCicc is given Ja acc:ocdancc with Section 15 wi1bin wbich Boaower must pay all SlIIIIS secumd by
this ~ InstramCllt. If Borrower fails to pay these S\IDIS pdor to the expiration of this period,
Lender may Javokc any temcdies pcamiUcd by this Security Instrument without fudhcr notice or
demand on Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained Ja thiS'
A~eRatc Rider.
~~
(Seal)
- BClIrOWCl'
(Seal)
- Baaowor
(Seal)
-Bellmwet'
(Seal)
-JIClIrOwer
CONV
. Be. ARM RIder
1U193-XX (01104)
Page 4 of 4.
EXHIBIT At
l'1wpnd br: UAlHEWD. 8PRlNKS.
IT lSHE:RE8Y CERAT THIS
OOOUMENT IS A TRUE AND CORRECT COPY
ADIUSTABwlJl::OTE
(L1BOR J'arJs. .. Caps)
1ltIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND
MY MON1'HI,.Y PAYMENT. 1ltIS NOTE UMlTS THE AMOUNT MY INTEREST RATE CAN
CHANGE AT ANY ONE11ME AND TIE MAXIIIUII RATE I MUST PAY. .
.
LOAN .: 63734306
MAY 12, 2064
(Daf4)
(QIJ)
PENNSYLVANIA
[SlaIe)
25 OLD STONEHOOSE ROAD, CARLISLE, PA 17013
[Pxapelty Address)
L BORROWER'S PROMISE TO PAY
InrcCumfor a loan lhatIbave~ivcd,IpromIsc to pay U.s. $ 264,100.00 (Ibis amount is calIcd "Principal"),
plusintaest, to the order of the Leader. Tbe Leader is
AMERICA'S WHOLESALE LENDER
I will make an payments 1IIIdcc lhis Note in the form of cash, check Ot money order.
I oodaItand that the Leader may 1I'lIIISfcr lhis Note. The Lcadet or lIlyoac who takes this Note by lIlIIISfcc and who is
entided to tcecive payments 1IIIdet lbis Note is called the -Note Ho1dct."
2.lN'1'EUST
InlIlcest will be charged OIl unpaid pdacipallllltillhc fo1l amount of Principal has bccll paid. I will pay intctcst at a yearly
lite of 7.875". 'I'be inIeRst lite I will pay may ch8nge in ICCOIdaIU:e with Secdoo 4 of lhis Note.
Tbe intt:test lite required by this Section 2 and Secdoa 4 oflhis Note is theI8le I will pay both before and after any default
described in Section 7(8) of Ibis Note.
3.PAnmNTS
(A) TIme aadPJace ofPaymeaCs
I will pay pdncipaI and Intcmst by makiag a payment cvrzy DIOIIth.
I will mate my montbly pa}'DUlIIt on lhc first clay of each IIIOIlIh beginning on
JULY 01, 2004 . I will matc Ibesc paymeats evocy mondt uatiI I have paid aU of the pdncipa1 aDd interest and
any other cIIarges dcsaibed below tbat I may owe 1JIIdec Ibis Note. Bach DlOD1hIy payment will be applied as of its scbcduled
due date and will be applied to inteleSt before Principal. If, on JUNE 01, 2034 ,I still owe amoants undct this
Note, I will pay those amounts in fo1l OIl that date, which is caDed the "Maturity Date..
I win mate my monthly paymcata at
P.O. Box 660694, Dallas, TX 75266-0694
or at a different place if ~ by the Note Holder.
(8) Amount of My IDitial Mouthlf Pa1Dleats
Bach of my initial monthly payments will be in the aDlOIlqt of U.s. $ 1, 914 . 91 . This amount may change.
(C) Moathly Payment Chauges
01angcs in my monthly payment will reflect cbaogcs in lbe unpaid Principal of my loan and in the intetcst tate that I must
pay. The Note Holder will determine my new interest tate and !he changed amount of my monthly payment in lICCOI:dancc with
Section 4 of lbis Note.
4. IN'I'ERBST RAm AND MON'l'BLY PAYMENT CHANGES
(A) OIauge Dates .
The inteccsttate I will pay may cbangcon the first clayof JUNE, 2007 , and on lbat clay
every sixlb monlh thereafter. Bach date on which my iD~t tate could change is called a -Change Date.-
(8) 1be Index
Beginning widt the first Change Date, my iDleCCSt I8le will be based on an Index. 1bc "Index" is the 8VCl'lI&e of interbaak
offaed tatcs fOlsix-monlb U.s. doUat..cfcnominated deposits in !he London market ("UBOR.), as pUblisbcd in 77ae Wall Street
JoU1'1Ull. 'The m,ost=eot Jodex figure available as of tho date 45 days 1Jct'om lhe Change Date is called the -Current Index.-
H lhe Indcx is no longer available, lbc Note HoIdcc will choose a new index that is based upon c:omparablc information.
The Note Holder will give me nodco of this choice.
(C) CalcuJaCionotCbanges .
Before each Change Date, the Note HoIdcr will calculate my new interest tate by adding
SIX , SEVEN-EIGHTHS pctCCIlClgC point(s) ( 6.875 'I) to the Cutmot Index. 'I'be Note Holder will then
round the result of lbis addidon to lbe nearest ono-cighdl of one pcrocnlage point (0.125%). Subject to the limits stated in
Section 4(D) below, lhis rounded amount will be my new int<<cstrate until the next Change Date.
PENNSYLVANIA ADJUSTAbLE RATE NOTE - U80R INDEX - SlngIe Falrity
OONV
. Be-ARMHole
l!D178-PA (12J01!l(d) Page 1 af 3
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LOAN t: 63734306
The Note BoIdcr will tbal cIetctmiae lhe amoaat of tile IIlOIdbly ~ 1bat would be safficicot to aqay IIle unpaid
pdocipII chat I am expected to owe at tbo CIuIII&c Date ill fall oallle maturity date at my new interest rate in ~ equal
paymallS. Tbc ft:SUIt of this ealc:ulatioa wm be lhe DCW amount of my monthly JIllYDICIlt
(I)) LiIaiU oa.loferestRaCe OIauges
The iDtcRat rate I am Jequied to pay at d1c fiat Cumge Date wiD DOt be grcatec Ihan 9.37 5 ~ ot less Ihan
7. 875 ~. Thcreaftct, my interest rate wiD IlOVet be increased ot dcaased on any single Chaagc Date by more !ban
ONE , ONE-HALl!' pcteealIge poiDc(s) ( 1.500 'KI) from the rate of interest 1 have been paying for lhc
preceding six moolhs. My intetest rate will never be arcatct tban 14 . 875 'KI or less than 7 . 815 'KI.
(E) FBedive DaCe of Cbauges
My new interest rate will become effective 011 each Change Date. I will pay the amount of my new monthly payment
beginning 011 the first monthly payment date after the Cumge Date until d1c amount of my monthly payment changes again.
(J.l') Notice or Oumges
The Note Holder will deliver or mail to me a notice of any cbaoges in my intetest rate and the amount of my monlhly
payment bef~ the effective date of any change. 'lbc nodcc wiD include infomIatiOl1 required by law to be given me lIlld also
the title and telephone number of a pcIIOIl who willlllSWer any question I may havemgarding the notice.
5. BOlUlOWE1l'S RIGHT TO PREPAY
I have Ibo dgbt to make payments ofPrlncipal at any time bcfom 1hey are doc. A pmpayment of all of the mpaid pdncipaI
is moW'll. a ftPuUPJepaymeat.. A p:cpaymcot of 0IIly part ofd1c unpaid pdncipal is known as a -Partial Pmpaymeat..
If Ibo oriainaI P.dncipal amount of this Ioaa is $SO,OOO ot Jess, I may make a FlI11 01' Partial Prepayment without paying a
1rlty. However, if the odginal PriDclpallllllOllJU of this Noce exceeds $SO.ooo,
I may ~ this No<<e in Cull at any time without peaaIty.
x If within the fiat THIRTY SIX moadIs after the execution of Ibo Nole, I make any pRpayQllCD.t(s) widJio. any
12-mo&th period, the Iota! of which exceeds 20 pealeIIt ~) of d1c origineI pdncipallDlO1llU of this Joan, I wll1 pay a
prepayment penalty in an amount cqua110 IIle paymeot of six (6) IIlOQCbs' advance interest 011 the amount by which the totaI of
my prepayment(s) within that 12-month pedod cxcccds 20 perceat (20'1) of the oripaI prlncipa1 amount oflbo 1010.
'- LOAN CIIAllGES
If a Jaw, which applies 10 this loan and which,sets m'~m loan c1uugcs, is finally interpreted so that the interest 01' other
Joan cIIarFs col1ectecl or 10 be co1lectcd in c:onnection widl thii Ioaa cxcccd the pemlittcd limits, theo: (a) any 8IICh loan charge
shall be teduced by the amount IICCCS88Iy 10 mIul;e the c:lwge to the pecmiUed 1imit; and (b) any sums akcady coUected from
me which exceeded pemdtted limits will be 1d'uadcd to me. The Note HoIdcr may choose 10 mab: this refund by ~ the
PriDcipal 1 owe under d1is Note 01' by making a direct payment to me.. If a refund teduces Prlnclpa1, the reduction will be.~ted
as a Partial Prepayment
7.. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late QUlrges for Overdue Pa)'llWds
If the Note Holder has not received the CuD amount otany monthly payment by the end of FIFTEEN calendar
days after the date it is due, I will pay a late clwge to the Note Holdet. 'lbc amount of the charge will be 5 . 000 'KI of my
0VCldue payment of principal and interest 1 will pay this late charge promptly but only onccon each late payment
(B) Default .
If I do not pay the full amount of each monthly payment on the date it is due, 1 will be in default
(C) NoCice of Default
If I am in default, the Note Ho1det may 8Clld me a written notice tcIIing me that if I do not pay the overdue amount by a
certain date, the Note Holder may ~ me 10 play immediately d1c CuD amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is maiIcd to me or
cIeIivered by other means.
(I)) No Waiver by Note Bolder
Bvea ~ at a time when I am ill default, theNotc Ho1dct does DOt require me 10 pay immediately in full as described abOve,
Ibo Note Holdcc will still have the right to do 10 ifl am Ja default at a 1ater time.
(E) Paymeut of Note Holder's Costs and EKpases ,
If the Note Holder.bas ~ me 10 pay immediatcly in Cull as descdbcd above, the Note Ho1dcr wll1 have the right to be
paid back by me for all of its.costs and ~ in cof011ling this Note to the extco1 not prohibited by applicable law. Those
cxpeIISC8 include, fot example, reasonable attomcys' fees.
8. GIVING OF N011CES
Unless applicable law requires a different metbod, any notice that must be given 10 me under this Note wiD be given by
de1ivcdng it 01' by mai1ing it by fimt class maD 10 me at the Property Address above 01' at a different address if 1 give the Note
Holdet a notice of my dift'ercnt address.
Any notice that must be given 10 the Note Bolder under this Note will be given by delivc.ting it ot by maiIing'it by fiC'St
class mail to the Note Holdet at the address stated in Section 3(A) above or III a di1l'eteot address. if I.am given a DOlicc of that
diffClellt address.
CONV
. BC- ARM Hale
20178-PA(1~
Page 2 of3
~*~
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,. OBLIGATIONS OF PEltSONS UNDER. 'l'BISNO'lE
If more tbaa one peqon lips !his Nocc, each pcnIOIl is fally lIIId peacmaIly obIipted 101rccp all of the JIlOIDisea made in
this Note, including the ptOmisc to pay thc fall amouat owed. Any )lCIIOIl who is . gu&IaDfOt', IIIP:ty or eadoner of Ibis Note is
aIIO obfiaated to do the8e drings. Any pcnIOIl who Iatea over tbcsc obIigatioas, including the ob6garioos of a guararuor, curety
or eadoaer of !his Note, is aIIO obIigafcd to keep all of thc ptODIises made ill this Nocc. The Note Holder may enbcc its rigbls
UDder chis Note against each petSOll indi'riduaUy or 8piut all of us togetbcr. Tbis mcaas that any one of us may be required to
pay all of the amounts owed under this Note. .
LOAN .: 63134306
II. WAIVERS
I md any Olbcr pcnIOIl who has obJiplions under chis Note waive the rights of Presentmeat and Nodcc of Dishonor.
".P1eaeatmcot' means the rlgbt to requite the Note Holder to demand payment of amounts duo. -Nocic:e of Dishonor" means the
rlgbt to requite the Note Holder to give notice to other peaIOIIS that IIllOUIIIs due have not been paid.
lL UNJIl'ORM SECOIUID NOTE .
This Nofc is a uniform instrument with Jimitcd vadacioas in 1OIIIC.iud&dictioni. In addiliOll to the protllctiOClS given to the
Note Holder lBIdcr this Note, a Mortgage, Deed of TnI8t, or Sccurlty Deed (tho -Sec:urity Instmmcnt"), dated !be same "date as
chis Note, pl'OCCCtS the Note Holder from possible 10aea which mJabt 1eSUIt if I do not keep tho promises which Imakc in Ibis
Note. That Security Instrumem cbcrlbes how md 1IIIder what ~itions I may be ~ to make immediate payment in fuJI
of all amounts I owe under this Note. Some of Ihosc coPdidous _ descrlbed as foHows:
If all or any part of thc Plopc:tty or any IIIttlrc8t in the Pl'opcrty is sold or ttInsfeo:cd (or ifBoaowet.is not a
II8lDraI pemoil and a bcncficiaI inteccst in BoIrowcr is sold or 1mn8fcaed} without Lcndcr's pOor wrlUcn consent,
Lender may requim imonediatc payment in full of all sums aecumd by chis Security Instrument. However. Ibis option
sbaI1 not be exc:rcJscd by Leodec if such exc:miso 18 prohibited by Applicable Law.
If Lendct cxClclsoa this option, Leader 8bID live Boaowor notice of acceIcaItion. The notice Ihall provide a
pedod of not leas than 30 days from the dale thc notice is given la lICCOldancc wicb Seccion 15 within which BoIiowcr
must pay all sums aecumd by this Secadty Jnstmmcnt. If Bormwcc fails to pay these sums prior to the oxpimtiOll of
this period, Lender may invoke any mmedics permitted by Ibis Security Instrome.nt without fuctht.r notice <It demand
on Boaower.
WlTNESS TIm HAND(S) AND SBAL(S) OF TIm UNDBRSIGNBD.
~
CATHY S TZ
(Seal)
-1loaow.:r
(SefI)
-11_
(Seal)
-Baaower
(Seal)
-B_
[Sign Original Only]
CONY
. BO- ARM Hal.
2D17&PA (1Z'l12l
P_3a13
EXHIBIT A2
\ i\\p'Y~' .
. .
. p~~:\2-01'\RC('2
'j
ASSIGNMENT OF MORTGAGE
~ ." . l'-., . ~"-J;"" .L' . '. . . ..' . .'. ';::.'
. KNOW AIL MENBY 'I'lIESE PRESENTS tb8t "MorCpge ElecttOllic ~.d8. S~ lac., ai .oinlaee'for .
; . " . siB M~i1gage' ~"'pon.tjoa;' ~. "~r" the bOlder 9fthC MOJtgage ~<<meoti~oed. fOc aii~ ~ "
'. . CODSideration of ~ sum of ONE DOLLAR' ($ 1.00) laWful ~ Unto 1t in band paid bY Baak <<.f New Yor~ ~ '..
TnIsb:e for Certificate Holders ofCWABs 2004-06, "~" at the tinle of eXecutionbcn::o~ seU, aSs~ traDsfei: .
. .aod'SC?t.oVcr untO the ~ Assiinee,.~.~t wbtreof.~ Ji#y ~wIedged. does heRbY~taD('~. i!.S'
successOi'sandassigris, AU. TIIATCERT AIN lnden~ofMOitgage gi~aodexecutedbyCatJay J. Sw~eld~td '. .
Mortgage EleetroDlc ~tratio.. Systems, he., as nollliaee for SIB Mortgage CorporatiOD, bearing~'_
'. ~. in tbeamountofS2~,~.~. together With (bcNote and indcbtedm:sS ~bcrcilfmeri~ saidM~ ~ing .
. :: ~ recorded on ~ in the eou.mr of CUmlrer1aBd. Commonwea1tJ:i,of PCIIIIS~ in Morf$8gc BOok 1796 Page
.. . 3667.. ..' . .. . . . . . ". .,: . ,.
.. .
". .... :.:' ~Kn9wn as P~:13 00 StoDehouse Road, carlisIe, ~A _'!to . .'
. . . . :ParoeI No~ ZZ-Q9;.053'-:G17 . '. . .' . ". . .
. . .AIso the &00 ~'obii8atiOli.in the sai4lndentui-e of MOrtgage n:cit.eci and aU MobCyB, P~ipal aild Iiirerest, ~ and ~ .
~wdue thereon.. with the WiUIlUlt ofAttomcyto thesaidObligationaimexed. Together with all Rights. Remedies and
. 'inciden1s thCreupto belooPtg: .' And ~ its Right, Tide, ~tecest. Propcrtr. Claim and Demand. in aDd'to the 'same: .
TO HAVE, HOLD. RECEIVE AND TAKE, 'all and singulai: the hereditaments and premises hereby granted and
assigned, or~tiooed and ~ so to be, with the appurteoances unto Assignee, its successors and assigns, to and for
'.' . :"!!oniYProPerusc, benefit arid behoofforever; subject, nevertheleSs, to tbe equity of redemption ofsaid Mortgagor in the
. .. ...1I!lid l!fkoture of Mortgage named, and bisIberItheir heirs and assigns therein.
",~:':~.;. In .. .'
. ~;,~~;,.!N.~S WH~F. the said "~~_~ caused.its.<;oworate .S981 to be herein affixed and theseprcsents to
~k - ". 'byltsproper:officersthis~day.of~ .20~. . .
", ........ . .
Mortgage Eleen-oille Registration Systems, IDe., as nominee
for SIB Mortgage COl'JI!ra~n . .
...... .
:\.~..., . - . --:."
.<~;::~ rttn>
. ...;.:...._. '.: f .~ - Uln . 5S.
. "-UWlty 0 LO. .
. . .' . .Ontbis ~ dayof~~ ,2~befOteme,1he~.peisooally~ .
. ..' ~ All~ . . .. ,wh?ac~~~tobetheAssistantVicePres.ident
...' ,'. o~Mortgage El~ Rep~.tl~. Syste~ lac., as .o....ee for SIB Mortgage COrpo~tioD, aild tbat~s~. as '..
. . . ~'ASsistutt ViCe Presiden'" beilig UIthorized to do so, executed the foregoing instrument for the piIrposestheiein
~taitied. . '.
Attest:
By:
. stamplSeal: .
Be
ANGElA DUTCHER
. MV' ~ ExpIres
Sep~1 23. 2009
.. .-
. '.' . o'1:"he ~ .a4<;lress of the Mterreconling l'etUn- ~r '. ,- .
. . :,' .:......~~~A1Jsigneeis:.PHELANHALLiNAN&S<::Jii\.li::EG,t.~p
:;:'. . . .":' .' J(.~.q.u.:porate Drive Oae Peap. ~t~ . . . . . .
: .:.: .>.<"~: . > :1'lH.F.J<.~.sir.14tO .
:, :"~.,:. '~;'-i."By;:,:'~i :'., -. . . ::. ::.'...'.7':Pliilaad~pAi910j..l'14'.'."',' ....
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01/~8/2008 20:34 TEL 7175987794
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Conestcga T;IIe Insurance Company
~r.ni1P1ent Number. 2003010208'"
SCHEDUt.E c::
PROroER1Y.DE8CRPl1ON
The ~ refetnJd to In this.Commitn'ient Is desa1bed as ~
ALL that certain bact of land slWate In Mann>> TGWnIIhiP. CWnbedand CcUnty. Pennsytiania. bo folded
. and dacribed In ac:cordaclC&wtth a ~ by awts It. Hoover. RPI..S. dated 2000 and 1'8CXlfde:l in the
0ftic8 cl1he Racixder of Deeds i)r . CoUnty k'l Plan Soak 82. Page 121. as follows: .
.;. BEGINNING at at point on dedfc:Ited ~ of way line of Old Stonehou8e ~ 8.R. 2002 at land J now ot
~ ~ Joe Garvey: Ih8nce 8kw1g ~~.or._1ne ~0Id'8tDneI)ousa ROect .s.a.2CQ2.No.tJa 11
degreeS 39 mIIUes 34 seconds west 200;00 W to. point; thence;lilOna ccfiIr ...',.. ot~ C1r8eUy
2a1gIBr NcwIh 11 degrees 30 ,,*,UClaS Salt 404.78 w==a thence. aronr.lands of ~ ~ South 11
. ~ 39 mInuIIes 34 seconds East 200.00 feet to a ttulInge along I8nd6 ncm or fonnerfY of JOe c:: EtrVff/
SaUIh 81 degrees 30 n,lnutes West 404.76 fMt to. potnt. PIac>> of SEGlNNI.JG. .
Parcel No.. 22~7~19
I
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JCertify this to be recorded
In Cumberland County PA
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EXIDBIT A3
PHELAN HALLINAN & SCHMIEG, LLP
BY: Francis S. Hallinan, Esquire
Identification No. 62695
One Penn Center @ Suburban Station
1617 .Jobn F. Kennedy Boulevard
Pbiladelphia, PA 19103-1814
(21S) 563-7000
Mortgage Electronic Registration Systems, Inc.
Plaintiff
vs.
Cathy J. Swartzwelder
Defendant
Attorney for Plaintiff
Court of Common Pleas
Civil Division
No. 06-582
Cumberland County
PRARCIPR TO SITRSTITIlTF. PARTY PJ.AlNTJFF
TOTRF. PROTHONOTARY:
Pursuant to P.A C.R.P 2352 (a), kindly substitute Rank of New York, a~ Trustee for Certifieate
Holden: of CW ARS 2004-06 for Mortgage Electronic Registration Systems, Inc. as party plaintiff in
connection with the above referenced matter.
action.
I have attached a copy of the Recorded Assignment evidencing Plaintiff's involvement with the
Date: May 1, 700(}
fmJ~
Francis S. Hallinan, Esquire
Attorney for Plaintiff
---......
"-
"'''\
\
"
EXHIBIT A3
PHELAN HALLINAN & SCHMIEG, LLP
BY: Francis S. Hallinan, Esquire
Identification No. 62695
One Penn Center @ Suburban Station
1617 John F. Kennedy Boulevard
Philadelphia, PA 19103-1814
(215) 563-7000
Attorney for Plaintiff
Mortgage Electronic Registration Systems, Inc.
Court of Common Pleas
Plaintiff
Civil Division
vs.
No. 06-582
Cathy J. Swartzwelder
Cumberland COWlty
Defendant
PRAFCTPR TO SITRSTITIITR PARTY PT,AlNTIFF
TO TlIF PROTHONOTARY:
Pursuant to P.A. C.RP 2352 (a), kindly substitute Rank of New York, as Tmstee for Certificate
Holders of CW ARS 2004-06 for Mortgage Electronic Registration Systems, Inc. as party plaintiff in
connection with the above referenced matter.
action.
I have attached a copy of the Recorded Assignment evidencing Plaintiff's involvement with the
Date: May 1,1006
fmJ I~
Francis S. Hallinan, Esquire
Attorney for Plaintiff
EXHIBIT B
PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS
MOTION FOR SUMMARY JUDGMENT
STATE OF -re.xt+-5
)
ss.
COUNTY OF enliVl )
I j~c;;M~ j , being duly sworn according to law, deposes and says:
1. I am employed in the capacity ofassi~1?LDll~at Countrywide
Home Loans, Inc., mortgage servicing agent for Plaintiff in the within matter.
2. In said capacity, I am familiar with the account that forms the basis of the
instant foreclosure action and am authorized to give this Affidavit.
3. I am the custodian of records for the within matter.
4. All proper payments made by Defendant have been credited to
Defendant's accounts.
5. Defendant's mortgage payments due July 1,2005 and each month
thereafter are due and unpaid.
6. The amounts due on the mortgage were correctly stated in the Complaint
as follows:
Principal Balance
Interest
6/1/05 through 1/25/06
(per Diem $57.28)
Attorney's Fees
Cumulative Late Charges
5/12/04 to 1/25/06
Cost of Suit and Title Search
Subtotal
$261,838.48
$13,689.92
Escrow Credit
Escrow Deficit
TOTAL
$1,250.00
$670.25
$550.00
$277,998.65
$0.00
$26.46
$278,025.11
7. Mortgagor has failed to reinstate the account or offer any reasonable
solution to cure the arrears on the past due mortgage payments.
8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose
Mortgage, but Defendant did not take the necessary affirmative steps to avoid
foreclosure.
9.
Plaintiff properly accelerated its mo~.:t=8tt::rests.
N e: U'(w-Tt1Joe..Y-LS
Title: -4sS\,,~ 'Tawr ~tt~
Countrywide Home Loans, Inc.
SWORN TO AND SUBSCRIBED
BEFORE. TillS ~ DAY
OF f1 ,2006
RITA ,pESINA
My C"'lai_ Expitt.
Julj' 9, 2001
File Name and Number: Cathy 1. Swartzwelder. Account No.: 6374306
EXHIBIT C
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ.; Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENl'ER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
ATTORNEY FOR PLAINTIFF
Plaintiff
COURT OF COMMON PLEAS
CNIL DNISION
TERM
NO. 0&, -.!;'J'", (!;oL'T~
CUMBERLAND COUNTY
v.
CATIIY 1. SW ARlZWELDER
AlKJA CATIIY I. REISINGER
AlKJA CArnY I. HURLEY
25 OLD STONEHOUSE ROAD
CARISLE, P A 17013
~~i ~m
~~
K -o~~
~Q :x ZO
NOTICE S>~ ca ~m
You have been sued in court. If you wish to defend against the claims set forth in ~ fOI~in?
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 1HIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
.. LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW. THIS OFFICE CAN PROVIDE YOU
- WITHlNFORMATION ABOUT HIRING A LAWYER.
~. CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE
YOU W . .- - . . ON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGmLE
PERSONS - _ _ '!J!J!QE OR NO FEE.
~f g '{)p~ .
'Ie / r.iR1/'! Lawyer Referral Semce
II, Cumberland County Bar Association
32 South Bedford Street tn~
Carlisle, PA 17013 ft\'~ d
(800)990-9108-Ne neleb~ .~~ HUe an
.tn\n to b - 0' tne d
\[\1\ (ect cOP'j ~ {ecO{
cor: \ 1\\eO 0'
")r\g\{\a:
Defendant
CIVIL ACfION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
/
File #: 129692
PHELAN IIALLINAN & 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
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
AITORNEY FOR PLAINTIFF
Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO.
CUMBERLAND COUNTY
v.
CAllIY 1. SWARTZWELDER
A/KJA CAllIY J. REISINGER
A/KJA CAllIY J. HURLEY
25 OLD STONEHOUSE ROAD
CARISLE, P A 17013
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 HA VB A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTIf BELOW. THIS OFFICE CAN PROVIDE YOU
wrm INFORMATION ABOUT HIRING ALA WYER.
IF YOU CANNOT AFFORD TO HIRE ALA WYER, TIfIS OFFICE MAYBE ABLE TO PROVIDE
YOU wrm INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGmLE
PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(800)990-9108
File #: 129692
File #: 12%92
IF TIllS IS THE FIRST NOTICE TIlAT YOU BA VE.RECEIVED FROM
Tms OFFICE, BE ADVISED TIlAT:
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 TmS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRI'ITEN 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 AFfER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW
REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR
ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL ESTATE.
1. Plaintiff is
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
8201 GREENSBORO DRIVE, SUITE 350
MCLE~,VA 22102
Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and
nominee for the entity indIcated below, which is the owner of the entire beneficial interest in the
mortgage:
COUNTRYWIDE HOMEWANS, INC.
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last known address(es) ofthe Defendant(s) are:
CATIIY 1. SWARTZWELDER
AlKJA CATIIY J. REISINGER
AlKJA CATIIY J. HURLEY
25 OLD STONEHOUSE ROAD
CARISLE, P A 17013
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 05/12/2004 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 Cmmty, in Mortgage Book No. 1865, Page: 2982.
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 07/01/2005 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon failure of mortgagor to make such payments after a date specified by written
notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible
forthwith.
File #: 129692
6. The following am01mts are due on the mortgage:
Principal Balance
Interest
06/01/2005 through 01/25/2006
(per Diem $5728)
Attorney's Fees
Cumulative Late Charges
05/12/2004 to 01/25/2006
Cost of Suit and Title Search
Subtotal
$261,838.48
13,689.92
1,250.00
67025
$ 550.00
$ 277,998.65
Escrow
Credit
Deficit
Subtotal
0.00
26.46
$ 26.46
TOTAL
$ 278,025.11
7. The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If
the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency
Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on the
date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because
Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit
counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance
Agency.
9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds
$50,000.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$
278,025.11, together with interest from 01/25/2006 at the rate of$5728 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.
PHELAN HALLINAN & SCHMIEG, LLP
/""' ___ L' / / '
~,,4r~
By: fsIFrancis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #; 129692
LEGAL DESCRIPTION
ALL THATCERTAIN tract ofland situate in Monroe Township, Cumberland County, Pennsylvania. bounded
aIid descnOed in accordance with a pIan prepared by Chris A. Hoover, RPLS, dated 2000 and recorded in the
Office of the Recorder of Deeds for Cumberland COtmty in Plan Book 82, Page 121, as follows:
BEGINNING at a point on dedicated right of way line of Old Stonehouse Road, S.R. 2002 at lands now or
formerly of Joe Garvey; thence along dedicated right of way line of Old Stonehouse Road, S.R. 2002 North 11 degrees 39
minutes 34 seconds West 200.00 feet to a point; thence along other lands now or formerly of Betty Zeigler North 81
degrees 30 minutes East 404.75 feet to a point; thence still along lands of Betty Zeigler South 11 degrees 39 minutes 34
seconds East 200.00 feet to a point; thence along lands now or formerly of Joe Garvey South 81 degrees 30 minutes West
404.75 feet to a point, the Place of BEGINNING.
BEING TIIE SAME PREMISES which Betty A. Zeigler, widow, granted and conveyed unto Mildred B. Hurley,
widow, and Cathy J. Swartzwelder, as joint tenants with right of survivorship and not as tenants in cornmon, by deed
dated March 13, 200 I, in the Recorder of Deeds in and for Cumberland, PAin Record Book 240, Page 982, and recorded
on March 14, 200 1. The aforementioned Mildred B. Hurley, having died on April 8, 2002, whereby her interest passes to
her daughter, Cathy J. Swartzwelder, as the surviving tenant.
PROPERTY BEING: 25 OLD STONEHOUSE ROAD
File #: 129692
..
. .VRRJFrC~TION
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF!
,
in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verifieation could not
be obtained within the time allowed for the filing on the pleading, that he is authorized to make this
. verification pursuant to Pa R C. P. 1024 ( c) and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and
correct to the best of his knowledge, information and belief. Furthermore, it is coWlSel's intention
to substitute a verification from Plaintiff as soon as it is received by counsel.
The undersigned understands that this statement is made subject to the penalties of 18 Pa C.S.
Sec. 4904 relating to unsworn falsification to authorities.
:hI Ju '
DATE:
I~S/6
I
FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
EXHIBIT D
SALZMANN HUGHES, P.c.
BY: E. Ralph Godfrey, Esquire
Attorney I.D. No. 77052
David H. Martineau, Esquire
Attorney I.D. No. 84127
354 Alexander Spring Road, Suite 1
Carlisle, P A 17013
(717) 249-6333
Attorney for Defendants
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INe.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CML ACTION
CATHY J. SWARTZWELDER
alk/a CATHY 1. REISINGER
alk/a CATHY 1. HURLEY,
NO. 06-582
Defendant 0 ~ 0
c-.::-. ,= "
s: ~ -I
~~[; ~ ff,f1
NOTICE TO PLEAD Z I. N -on-:
if} .1::: -.J ~p Y
? ~o
TO: Mortgage Electronic Registration Systems, Inc. ~ '-(:<.. ~ f~ ~
>c:: .r:;- om
. Z ~
. ~ - ~
You are hereby notified to plead to the enclosed New Matter within twenty (20) <lays'tR>m .<
service hereof or a default judgment may be entered against you.
SALZMANN HUGHES, P.C.
By
~/J)
E. Ralph Godfrey, Esquire
Attorney LD. No. 77052
David H. Martineau, Esquire
Attorney LD. No. 84127
354 Alexander Spring Road
Suite 1
Carlisle, PAl 70 13
(717) 249-6333
Attorneys for Defendant
"
Dated: 2~ ~6
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INe.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION
CATHY J. SWARTZWELDER
aJk/a CATHY J. REISINGER
a/k/a CATHY J. HURLEY,
NO. 06-582
Defendant
DEFENDANT'S ANSWER AND NEW MA TIER TO
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW THIS Z ttfA- of February, 2006, Defendant, Cathy 1. Swartzwelder, a!k/a
Cathy J. Reisinger, alk/a Cathy J. Hurley, by and through her attorneys, Salzmann Hughes, P.e.,
answers the corresponding numbered paragraphs of Plaintiffs Complaint as follows:
1. Denied. After reasonable investigation, Defendants are without sufficient
knowledge to either admit or deny the allegations contained in paragraph 1. Strict proof thereof
is demanded at the time of trial.
2. Admitted.
3. Admitted in part; denied in part. It is admitted that the Defendant executed a
Mortgage Note. The remaining allegations are denied since the written documents speak for
themselves. Strict proof thereof is demanded at the time of trial.
4. Admitted but with qualifications. It is admitted only that a legal description is
attached to the complaint, which is a written document that speaks for itself. Strict proof is
demanded that the legal description is the property subjected to the mortgage.
5. Denied. Paragraph 5 is denied as a conclusion oflaw to which no response is
required. Strict proof thereof is demanded at the time of trial.
6. Denied. It is strictly denied that the amounts reflected in the Complaint are the
actual costs incurred by Plaintiff. Therefore, Defendant disputes the amount of attorney fees,
cost of suit and title search expenses. Strict proof is demanded at the time of trial.
7. Denied. Paragraph 7 is denied as a conclusion oflaw to which no response is
required. Strict proof thereof is deman~ed at the time of trial.
8. Denied. Paragraph 8 is denied as a conclusion oflaw to which no response is
required. Strict proof thereof is demanded at the time of trial.
9. Denied. Paragraph 9 is denied as a conclusion oflaw to which no response is
required. Strict proof thereof is demanded at the time of trial.
WHEREFORE, Defendant prays that the Foreclosure Complaint be dismissed and that she
be awarded costs of defense, including attorney fees, and that she may have suc4 other relief as may
be just and appropriate
NEW MATTER
By way of further answer and defense, Defendant avers the following New Matter in
accordance with Pennsylvania Rule of Civil Procedure 1030:
9. Plaintiffs cause of action is barred by the applicable statute oflimitations.
10. The amount of attorney fees is unreasonable and not a customary charge and does
not accurately reflect the actual legal expenses incurred by Plaintiff Furthermore, Plaintiff has
violated the mortgage by charging an unreasonable amount.
WHEREFORE, Defendant prays that the Foreclosure Complaint be dismissed and that
she be awarded costs of defense, including attorney fees, and that she may have such other relief
as may be just and appropriate.
SALZMANN HUGHES, P.e.
By
)~//
E. Ralph Godfrey, Esquire
Attorney LD. No. 77052
David H. Martineau, Esquire
Attorney LD. No. 84127
354 Alexander Spring Road
Suite 1
Carlisle, P A 17013
(717) 249-6333
Attorneys for Defendant
Dated: 2~ ~6
VERIFICATION
I, Cathy 1. Swartzwelder, hereby certify that the following is correct:
The facts set forth in the foregoing Answer and New Matter are based upon information
which I have furnished to counsel, as well as upon information which has been gathered by counsel
and/or others acting on my behalf in this matter. The language of the document is that of counsel
and not my own. I have read the Petition, and to the extent that it is based upon information which I
. have given to counsel, it is true and correct to the best of my knowledge, information, and belief
To the extent that the content of the Petition is that of counsel, I have relied upon such counsel in
making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Petition are
made subject to the penalties of 18 Pa e.S.A. ~4904 relating to unsworn falsification to authorities.
Dated:
(~1~~
CERTIFICATE OF SERVICE
AND NOW, this 27"-uay of poll ",'e.-) , 2006, I, David H. Martineau, Esquire,
hereby certify that I served a copy of the within Defendant's Answer and New Matter this day by
depositing the same in the United States mail, postage prepaid, at Carlisle, Pennsylvania,
addressed to:
Francis S. Hallinan, Esquire
Phelan Hallinan & Schmieg, LLP
One Penn Center Plaza
Suite 1400
Philadelphia, P A .19103
z;2/ /;
David H. Martineau
.~
EXHIBIT E
1.,'1 PHELAN
.~ HALLINAN
...SCHMIEG
1617 JFKBoulevard
Suite 1400
Philadelphia,PA 19103-1814
215-563-7000
Fax: 215-563-4491
Email: matthew.connor@fedohe.com
Matthew S. Connor, Esquire
litigation Department
Representing Lenders in
Pennsylvania & New Jersey
March 17, 2006
VIA OVERNIGHT MAIL
Office of the Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013-3387
~.' .,.., ~~?~
'\
Re: Mortgage Electronic Registration Systems, Inc. vs. Cathy J. Swartzwelder
Cumberland County CCP, No. 06-582
Dear Sir/Madam:
Enclosed please find Plaintiffs Reply to Defendant's New Matter to Plaintiffs Complaint and
Certification of Service for filing with the court. Please return a time-stamped copy ofthe first page of the
Reply and Certification in the enclosed self-addressed stamped envelope. Your cooperation in this matter
is appreciated.
Very truly yours,
fi~
Matthew S. Connor, Esquire
MSC/mzc
Enclosures
cc: David H. Martineau, Esquire
Countrywide Home Loans, Inc. (pIano, TX), Attn: Angela Dutcher
Account No.: 6374306
* Please be advised that this firm is a debt collector attempting to collect a debt Any information received will be used for that
pmpose. 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 lien against property.
PHELAN HALLINAN & sCHMIEG, LLP
BY: Matthew S. Connor, Esquire
Identification No.: 92406
One Penn Center at Suburban Station
1617 J.F.K. Blvd. - Suite 1400
Philadelphia, P A 19103-1814
(215) 563-7000
Mortgage Electronic Registration Systems, Inc.
8201 Greensboro Drive, Suite 350
Mclean, VA 22102
Plaintiff
vs.
Cathy J. Swartzwelder
aIkIa Cathy J. Reisinger
aIkIa Cathy J. Hurley
25 Old Stonehouse Road
Carisle, P A 17013
Defendant
Attorney for Plaintiff
Court of Common Pleas
Civil Division
Cumberland County
No.: 06-582
CERTIFICATION OF SERVICE
I certify that a true and correct copy ofPlaintitI's Reply to Defendant's New Matter was sent via
first class mail to the person listed below on the date indicated:
David H. Martineau, Esquire
Salzmann Hughes, P.C.
354 Alexander Spring Road, Suite 1
Carlisle, P A 17013
Date: March .17.2006
ft/~
Matthew S. Connor, Esquire
Attorney for Plaintiff
PHELAN HALLINAN & SCHMIEG, LLP
BY: Matthew S. Connor, Esquire
Identification No.: .92406
One Penn Center at Suburban Station
1617 J.F.K. BLVD. - Suite 1400 .
Philadelphia, P A 19103-1814
(215) 563-7000
Attorney for Plaintiff
Mortgage Electronic Registration Systems, litc.
8201 Greensboro Drive, Suite 350
McLean, VA 22102
Plaintiff
Court of Common Pleas
Civil Division
Cumberland County
No.: 06-582
vs.
Cathy I. Swartzwelder
alkJa Cathy J. Reisinger
a/kIa Cathy I. Hurley
25 Old Stonehouse Road
Carisle, PA 17013
Defendant
PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATIER
Plaintiff incorporates herein by reference the avennents of paragraphs one (I) through nine (9) of
its Complaint as if set forth herein at length.
9. Denied. The averments of paragraph nine (9) contain conclusions of law to which no
response is necessary.
10. Denied. The averments of paragraph ten (10) contain conclusions oflaw to which no
response is necessary. By way of further answer, the amounts referenced for attorneys fees are reasonable
and customary charges and do accurately reflect the actual legal expenses occurred by Plaintiff
Furthermore, Plaintiff has not violated the Mortgage by charging an unreasonable amount.
WHEREFORE, Plaintiff respectfully requeststbat the Court enter judgment in its favor and against
Defendant as requested in Plaintiffs Complaint.
Respectfully submitted,
PHELAN HALLINAN & SCHMIEG, LLP
Date: March 17. 2006
BY:
~1
Matthew S. Connor, Esquire
Attorney for Plaintiff
VERIFICATION
Matthew S. Connor, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that
he is authorized to make this verification, and that the statements made in the foregoing Reply to New
-Matter are true and correct to the best of his knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.
~4904 relating to unsworn falsifications to authorities.
PHELAN HALLINAN & SCHMIEG, LLP
Date: March 17. 2006
BY:
~~
Matthew S. Connor, Esquire
Attorney for Plaintiff
One Penn Center at Suburban Station
1617 J.F.K. Blvd. - Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
EXffiBIT F
~ ',,"" uide!
-~
PO Ibc 9lI48
T_. c.a.9258i-9048
_1_1
07003782''11
$end""""''' To:
PO BOX 660694
DaIas. TX 75266'()694
$end Comtspondence *':
POBox 5170. US SV314B
smI ValleV. CA 93065
1".111. ..lIIl1lu.llull.'" 1l11l11l1l11"lIlll '" I
Cathy Swartzwelder
25 N OLD STONEHOUSE RD
CARLISLE, PA 17013-9773
2005083HlLQPA 1
PRESORTED
FlnIl-cllISUaI
U.S. PolItIIge
and Fees Paid
WSO
~
HOME LOANS
P.O. Box 660694
Dallas. 1)( 75266-0694
S4nd Pa)ments to:
PO Box 660694
Dallas. 1)( 75266-0694
Calhy Swartzwelder
25 N OlD STONEHOUSE RD
CARLiSlE. PA 17013-9773
August 31. 2005
Certified Mail:
[]70[]37!291
Return Reciept Requested
Regular Mail
Accowrt No.: 63734306
Property Address:
25 Old Stonehouse Road
CaI1is1e. PA
CI.nWf1t Servicer:
Coootrywide Home Loans Servicing LP
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
lbis is .. official notice that the mortaage on YOW" home is in default. and the lender intends to foreclose. SDecific
infonndon IIbout the natW"e of the default is DrOvided in the attached _s.
11Ie HOMEOWNER'S EM:RGENCY MORTGAGE ASSISTANCE P.ROGRAM IHEMAP) may be able to hell' to saye your
home. 1l1is Notice exDlains how the Droaram wor1al.
To _ if HEMAP can helo. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY Wn;HlN 30 DAYS OF
lHE DATE OF THIS NOTICE. Take this Notice with YOU when you meet with the Counseling Aaenev.
1be names. addresses and Ilhone numbers of Consumer Credit Counselina Aaencies servina vour Countv ... listed
at the end of this Notice. If YOU have any _stiens. YOU may caI the P8IVISylvania HouSirlO Finance Aaenev toll fl1le
lit 1-800-342-2397. /Penons with imD8il1ld hearing can call 1-717-780-18691.
lbis Notice contains important legal information. If you haye any questions, representatives at the Consumer Credit
Counseling Agency may be able to help answer them. You may also want to contact an attorney in your area. The
local bar association may be able to help you find a Iawy....
LA NOTFICAClON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO
EN SU CASA. SI NO COMPRENDE EL CONTENIOO DE ESTA NOllF1CACl6N OBTENGA UNA TRADUCCl6N
I..EDIATAIIENTE LLAMANOO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NU
MERO M:NCI0NA00 ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAIIO POR EL PROGRAMA LLAMAOO ..
HOEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
PERDlDA DEL DERECHO A REDIMIR SU HlPOTECA.
HOEOWNER'S NAIIE(S):
PROPERTY ADDRESS:
Cathy Swartzwelder
25 Old Stonehouse Road
eariisle. PA
63734306
LOAN ACCT. NO.:
ORIG..AL LENDER:
CURRENT LENDER/SERVlCER:
Countrvwide Home Loans Servicina LP
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTlJRE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF
Please wrle your account nu.bet on all checks and COflUpondenc:e.
BLOPA12783 1012612OO4
Account Number. 63734306-2
CaG1y Swartzwelder
25 Old stonehouse Road
Balance Due for charges listed aOOle: $4.<lW.46 as of 8/31/2005.
We may CI1arge you a lee for any paymenl relum8d or rej&c:led by )'Ol6
finanCIal instlMIon. subject to appBcalIle law.
IIlOPAl
Countrywide
PO BOX 660694
DaDas. TX 7526lH>694
II... I .1.1...1. I .11"." ..11,11I1 I ,,1.1...1. II I II .,,1..1..1. I I
063734306200000448046000448046
1983 {THE "ACT"}, YOU MAY BE ElIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY.
TEMPORARY STAY OF FORECLOSURE - Undet-1he Act, you are entitled to a temporal)' stay of foreclosure on your
mortgage for thirty (30) days from !he date of this Notice. 0tMing lhat time you must arrange and attend a "face-to-face"
meeting with one of the COOSlll11e( aedit counseling agencies fisted at 1he end of this Notice. THIS MEETING MUST OCCUR
WI1lIN THE NEXT THIRTY (30\ DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU
MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR
MORTGAGE DEFAUL r EXPLAlNS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUIIER CREDIT COUNSELING AGENCIES. If you meet with one of the consumer aedit counseling agencies listed at
the end of this notice, the lender may NOT lake action against you for thirty (30) days after the date of this meeting. Jlll:..
names. addresses and teleohone m.mbers of desianated consumer a1ldt counselino aoencies for the countY in which the
orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in tfjs Notice (see
foIowing pages for specifIC information about the nature of your default.) If you haye tried and are ooabIe to resolve this
problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and file a completed H~'s Emergency Assistance Progmm
Application with one of the designated consumer aedt comseIing agencies listed at the end of this Notice. Only consumer
aedt COUlseling agencies have applications for the program and they will assist you in slbnitting a complete application to
the Pemsylvania Housing Finance Agency. Your application MUST be fied or postmarked within thirty (30) days of your face-
to-face meeting.
YOU MUST ALE YOUR APPLICATION PROMPTLY. F YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER
TIME PER"IODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY
AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DEMEO.
AGENCY ACTION - Available finls for emergency mortgage assistance are very limited. They wiD be disbtned by the
Agency mder 1he eligibility criteria established by the Ad.. The Pennsylvania Housing Finance Agency has sixty (60) days to
make a decision after it receives your application. During 1hat time, no foreclosure proceedings will be pur.;ued against you if
you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance A/;Jency
of its dedsion on your application.
NOTE: F YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING
PART OF THlS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
A lTEMPT TO COLLECT THE DEBT.
(If you have flied bankruptcy you can stili apply for Emergency Mortgage Assistance.)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at
25 Old Stonehouse Road Carlisle, PA
IS SERIOUSLY IN DEFAULT because
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for 1he following months and 1he following amounts are now
past due
Monthlv Payments: July, 2005
August, 2005 (2 mos.@ $2,144.481monlh)
August, 2005 (2 mos. @ $95.751month)
$4,288.96
$191.50
$0.00
$0.00
($0.00)
$4,480.46
Late Charaes: July, 2005
Other Late Charoes' Total Late Charges:
Uncollected Costs:
Partial Payment Balance:
TOTAL DUE:
YOU HAVE FAILED TO TAKE THE FOUOWING ACTION 100 not use if not aoolicablel
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING
THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,480.46, PLUS Am MORTGAGE PAYMENTS AND
LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.
Pavments must be made either bv cashier's check certified check or monev order made Davable and sent to:
Countrywide at P.O. Box 660694, Dallas, TX 75266-0694.
PAYMENT INSTRUCTIONS
PIe_
. Make JOUr Choci< payable III CooltrywIde llano Loans
. Wrh your 8COOllIt nwnber on you- dled< Of monev ade<
. Wrilllln 8IlY MlitionaIlIllIOUIU you are incllJling
(If 1IIlaIls more than $5000. please send cerlifled checl<)
p~: AI paymerts ,," be applied III the Iol>,l9Sl ~ InstaIIm<<It c1Je, uliess Olhefwise expresly prolibDld IlV law.
. Dont aIlach JOUT check tllhe payment coopon
. Dont /ncIucll 00I18SJl(lMerI:e
. Donlllltld cash
AI premim pajmenlsror aedit life Insu1ance wlY be applied after appljcatkln II MY princlpal aM irmrIlsl pal'1l- due, lllt berOlll MY
dher amourts clle on you- loan are applied.
AIldlloNl_nls.1f you submit M adcIlional plincipal amowt, M adcIiblaI escrow al11Ollltancfot an "dher" amoIIltllllh JOUT
... lone loan pajmenl d prlndpal and inIIlrest, Co4IdrywIde wlI flnst apply your lone loan ~beilre lIlY IdcIIonaI amoont
ill appIed.lfyaur lone loan ~ are oot anrett. ~ wi flnst8lllllY anyacillional pIInclpaI8I1lOlIItancror acUilla18I
- amount 100lDtlInding princlpaIaId irmrIlslpal'1lenIB due beIllre eiIher 8IIcIIIonaI8fllOlMt1s appIied.Atr( addIIonaI amolllt
spedlIed as "ofle(' wi be awUed flnst III past clJe princlpal and lnIIllllStpaj'lllents, than _ delIclencles, then late dlalg98, !hen fees
aid COSIlI4Je, then CUIlltanlIIng principal.
You can axe lIf1Y other defaUt bv lakina the followina action wilhin THIRTY (30) DAYS of the date of lhis letter. /00 not use if
not aooIir.RhIA \
IF YOU DO NOT CURE 11fE DEFAULT. If you do not axe the cfefiUt withh THIRTY (30) DAYS of the date of this Notice,
the 1enderlnlllnds to .xercise its rights to ac:ceIenmt the mortpgll debt. lhis means lhat the entire outs1anding balance
of this debt wi be considered due inmediately and you may lose 1he d1ance to pay the mortgage in monlhly instalments. If
fjjl payment of the total amOl.l1t past due is not made within THIRTY (30) DAYS, the lender also intends to instl1lCl its
at10meys to start legal action 10 foreclose upon yow mortgaged property
IF 11fE MORTGAGE IS FORECLOSED UPON " The mortgaged property wia be sold by the Sheriff to payoff the mortgage
debt. If the lender refers your- case to its attorneys, but you cure the delinquency before the lender begins legal prooeedings
against you, you will stm be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However,
if legal proceedings are started against you, you will have 10 pay all reasonable attorney's fees actually incurred by the lender
even if they exceed $50.00. Ally attorney's fees wiD be added to the amount you owe the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be Illquwed to pay attorney's
f....
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums
due ooderthe mor1gage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30)
DAY period and foreclosure proceedings have begoo, you slll have the right 10 cure the default and prevent the sale at any
time up 10 one hour before the Sheriff's Sale. You may do so by paying the tolal amount then past due, plus any late or other
charges 1hen due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage.
Coong yow default in the manner set forth in this notice wi. restOl8 yow m<<tgage to the same position as if you had
never defaulted.
EARUEST POSSIBLE SHERIFF'S SALE DAlE - It is estimated that the ealiiest date lhat such a Sherifrs Sale of the
mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual
date of the Sheriff's Sale will be sent 10 you before the sale. Of murse, the amount needed to cure the default will increase
the longer you wait You may fmd out at any time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENPER:
Name of Lender: Countrywide Home Loans Servicing LP
Address: P. O. Box 660694 Dallas, D( 7526fHJ694
Phone Number: 1-860-669-0102
Fax Number: 1-805-577-3432
Contact P8I5Ol'1: MS PD(.36
Attention: Loan Counselor
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property
and your right 10 occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your-
furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE. You may sell or transfer your home to a buyer or transferee who will assume the mortgage
debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that
the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAvt: THE RIGHT:
TO SEU THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAUlT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHAlF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSmON AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE
THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES
IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Your loan is in default Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your-
property. The purposes of such an inspection are to (i) obseIve the physical condition of your property, (ii) verify that the
property is occupied and/or (iii) determine the identity of the ocwpant If you do not cure the default prior to the inspection,
07003762'1],
other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the
property, and valuation services) may be taken. 1be costs of the above-dnc:ribed Inspections and property preservnon
efforts will be cNrged 10 your account as provided In your security Ins1rument.
If you are l.nIbIe 10 cc.re the default on or before September 30, 2005, COWl1rywide wants you 10 be awa-e of vlWious options
that may be avaIable 10 youthrough CountJywide to prevent a foreclosure sale ofyou-property. For example:
. Repayment Plan: It is possible that you may be elgibIe for some form of payment assistance .through COWltrywide.
Ow- basic plan requires that ComtJywide receive, up front, at least % of the amount necessary to bring the aa;ount
lU'reI1t, and that the balance of the overdue lmOUIlt be paid, along with the regular mon1hly payment, over a
defined period of time. Other repayment plans also are available.
. Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of
the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This
foredosure alternative, however, is limited to certain loan types.
. Sale of Your Property: Or, if you are wiling 10 seI your home in order to avoid foreclosure, it is possible lhat 1he
sale of your home can be approved through Countrywide even if you- home is worth less than what is owed on it.
. Deed-4n-t.ieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious
financial hardship which is beyond your con1rol, you may be elgible 10 deed your property directly 10 the
Noteholder and avoid the foreclosure sale.
If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately. If
you raquest assistance, Countlywide will need to evaluate whether that assistance will be extended 10 you. In the meantime,
Coun1rywide wil pursue aU of its rights and remedies under the loan doclments and as permitted by law, l.W1less it agrees
otherwise in writing. FaHure to bring your loan current or to enter into a written agreement by September 30, 2005 as ouUined
above will result in the acceleration of your debt.
Time is of the essence. If you have any questions concerning this notice, please conlact Loan Counseling Center immediately
at 1-800-669-0102.
~~ ~..u ...
---
PO _ 9048
T_. CA9258!I-9D48
11_1
7113 8257 1~70 7191 7753
Send"""''' To:
PO BOX 660694
0aIas. 1)( 75266-0694
Send c-pondenoe *':
PO Box 5170. MS SV314B
SlmI Valey. CA 93065
1.,.111,"11I11I".11..11.1,1"1,"1111,1.,1111,1,11
Cathy Swartzwelder
25 N OLD STONEHOUSE RD
CARLISLE, PA 17013-9773
20050831-&.QPo\l
PRESORTED
Flnlt-clllsa Mall
u.s. Po8tIIge
and Fee8 Paid
woo
~Jide-
HOME UMNS
P.O. 80lr 6606IU
0sIIas, 1)( 75266-0694
Setnd P8)ments to:
PO 80lr 6606lU
0sIIas, 1)( ~94
CalhySwartzwelder
25 N OlD STONEHOUSE RO
CARLISLE, PA 17013-9773
August31,2005
Certified Mail:
7113 8257 1~70 7191 7753
Re1um Reciept Requested
RegUar Mail
Account No.: 63734306
Property Address:
25 Old Stonehouse Road
Carlisle, PA
Cummt Servicer.
Countrywide Home Loans Servicing LP
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is IHI officilll notice that the mortaaae on your home is in default. 8l1d the lender intends to foredose. Specific:
inform_on IIbout the natwe of the default is Drovided in the attached _s.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IHEMAP) may be able to hell' to save your
hom.. T11is Notice eXDlains how the Droaram works.
To... if HEIIAP can helD. YOU must MEET WITH A CONSUMER CREDIT COUNSEUNG AGENCY WITHIN 30 DAYS OF
1HE DATE OF THIS NOTIce. Take this Notice with YOU wh8l1 You meet with the CounseIina AGency.
The names. ....sses .xl Dhone numbers of Consumer Cl'8dit Counselina Aaencie. servina vour CotMttv .... listed
lit the end of this Notice. If YOU have anv QUestions. YOU may c:aII the P,pnsvlvania Housina Finance Aaenc:v toll fnte
lit 1-100-342-2397. Persons with imDaintd hearina can call 1-717-780.1869).
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit
Cowweling Agency may be able to help answer them. You may also want to contact an attorney in your area. The
loc:aI bar ..soc:iation may be able to help you find a lawyer.
LA NOTFICAOON EN ADJUNTO ES DE SUMA IMPORTANClA, PUES AFECTA SU DERECHO A CONTINUAR VlVlENDO
EN SU CASA. 51 NO COMPRENOE EL CONTENIOO DE ESTA NOTIACACl6N OBTENGA UNA lRAOUCCI6N
INMEDlATAMENlE LLAMANOO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NO
MERO MENClONAOO ARRIBA. PUEOE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO ..
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
PERDlOA DEL OERECHO A REDIMIR SU HlPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
Cathy Swartzwelder
25 Old Stonehouse Road
Carlisle. PA
63734306
LOAN ACCT. NO.:
ORIGINAL LENDER:
CURRENT LENDERlSERVlCER:
Countrvwide Home Loans Servicing LP
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU ~ FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF TlE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF
Please wrle YClIlr account number on al checka and coneapondence.
BlOPA12783 1ll/2S/2l104
Account Number: 63734306.2
Calhy Swartzwelder
25 Old stonehouse Road
Balance Due fa cI1arges listed above: $4.480.46 as of 8/31/2005.
We may Charge you a tee lor any payment relumed (J( rejeclBd by your
financial institution, subject to epplicable law.
IIlQPA'
Countrywide
PO BOX 660694
DaUas. TX 7526lHJ694
II" ,1,'.1",1,1.11 ",11"11.".11"1,1,,,1.,11.1,,,1,,1,,1,11
063734306200000448046000448046
1983 (T1tE "ACT"), YOU MA. Y BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONlROl,
IF YOU HAVE A REASONABLE PROSPECT OF HEIlIG ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER EUGlBlLITY REQUIREMENTS ESTABLISHED BY llE PENNSYLVANA HOUSING FINANCE
AGENCY.
11:1FORARY STAY OF FORECLOSURE - Under 1he Ad, you are entitled 10 a temporaIy stay of forecIosu"e on your
mortgage for lhirty (30) days from 1he date of this Notice. During flat time you must 8I'I'8r1gEl and attend a "face.1o.faoe"
meeting with one of the consumer credit counseing agencies listed at 1he end of this Notice. lNS MEETING MUST OCCUR
~ THE NEXT THRTY f38) DAXS. IF YOU 00 NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU
MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CAllED -HOW TO CURE YOUR
MORTGAGE DEFAUL r EXPlAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the const.mer credit counseling agencies listed at
the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. IlHl...
names. addresses and teleohone numbers of desianated constmer aedit counselina aaencies for 1he county in which the
orooertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise
your lender immediatelv of your intentions.
APPUCATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see
folowing pages for specifIC information about the nature of your default.) If you have tried and are unable 10 resolve this
problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage
Assistance Program. To do so, you must fill out, sign and f~e a completed Homeowner's EmeiyenCy Assistance Program
Application with one of the designated consumer credit COIMlSeIing agencies listed at the end of this Notice. Only consumer
credit COI.I1se1ing agencies have applications for the program and they will assist you in submitting a complete app6cation to
the Pennsylvania Housing FIfl8flCe Agency. Your application MUST be filed or postmarf<ed within thirty (30) days of your face-
to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTlY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER
TIlle PERKxJS SET FORTH IN THIS lETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY
AND YOUR APPUCATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency morlgage assistance are very limited. They will be disbursed by the
Agency ooder 1he eligibility aiteria established by the Ad.. 1he Pennsylvania HousIng FIn8l1Ce Agency has sixty (60) days 10
make a decision after it receives your application. During that time, no foredosure proceedings will be pursued against you if
you have met the time requirements set forth above. You will be notified directly by 1he Pennsylvania Housing Finance Agefrcy
of its dedsion on your application.
NOTE: IF YOU ARE CURRENTlY PR011:CTEO BY THE FlUNG OF A PETITION IN BANKRUPTCY, THE FOLLOWING
PART OF lNS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN
ATTEMPT TO COLLECT THE DEBT.
(If you have flied bankruptcy you can stili apply for Emergency Mortgage AssIstance.)
NAllIRE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at
25 Old Stonehouse Road Carlisle, PA
IS SERIOUSLY IN DEFAULT because
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now
past due
Monthly Payments: July, 2005
August, 2005 (2 mos. @ $2,144.48/month)
August, 2005 (2 mos. @ $95.751month)
$4,288.96
$191.50
$0.00
$0.00
($0.00)
$4,480.46
Late Charaes: July, 2005
Other Late Charnes' Total Late Charges:
Uncollected Costs:
Partial Payment Balance:
TOTAl DUE:
YOU HAVE FAILED TO TAKE THE FOUOWING ACTION (Do not use if not aooIicablel
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING
THE TOTAl AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,480.46, PLUS At('( MORTGAGE PAYMENTS AND
LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (301 DAY PERIOD.
PaYments must be made either bv cashier's d1eck certified d1eck or monev order made oavable and sent to:
COUI"Itrywide at P.O. Box 660694, DaBa&, TX 75266~94.
PAYMENT IlSTRUCllONS
~
. Make jOUI dlocI< payableto ColIlIIyWtde Home loans
. WrlIB jOUIllCCCUIt 1llIItber on jOUI dleek 0( money <<del
. Wr18 it any llliIitionIllanOllrD)W are incUlilW,j
(lIlItaIls /llOfe than Ssooo. please send certified check)
p~_: AM paymerD WI be applied to tile lo'9"st OtfSlar\ding installment 4Ie, ones. otherwise expressly proIibI8d l7{ law.
. Don' -l'l'K dleek III lie payment ccupon
. Don' ft:Iude CCl'RlSjlOOOellC8
. Don' send cash
AM pt<<nilln pajlllents lor credit life insuIance wtI be applied after apPJcation d atly Jllincipal and ilterest pajlllents due. but bef_ atly
dher _ 4Ie on Y\lII" loan are applied.
AddlloNl a_nts.lf)W albmt atl _tionaI principal ,""0Ilrt, atl addillonlll e6Cl"OIO/ al1lO\lll ancfO( an -lllhe('1IllOlIII willi your
ft9llar iI>me Ia8n pajIIlent d prlndpal and -est. ColIl\JyWIde wiD first apply Y\lII" IwJme loan ~ent betl<e ...y _1IoRai _
Is 1RlIe4' VOW home loan ~ents a/8 no! W1rtllt, COuttI)\vlde will first aRlIV any actlitional ptlndpal_ 1Nf0r addllionaI
- _to~ principal and iterest pajIIlentsdue beIo/8 either acIcItional_1s applied. AI'fi addWonaIamotIIl
spedfied as......... wi be af4llIed first 10 past clJe principal and interest ~ents, !hen escrow deficiencies, _late Ula'9"". then fees
and COllll4le, _ ClUbilanding principal.
You can cure anvotherdefault bv takina the followina action within THIRTY {301 DAYS of the date of this letter. {Do not use if
not aooIicable I
IF YOU DO NOT CURE THE DEFAULT - If )'OU do not cure the default within THIRTY (301 DAYS of the date of this Notice,
the lender intends to exercise its rights to accelera18 the mortgage debt. This means lhat the enli"e outs1anclng balance
of this debt will be considered due iri1mediately and you may lose the chance to pay the mortgage in monthly instalknents. If
U payment of the total amount past due is not made within THIRTY 1301 DAYS, the lender also intends to instruct its
atlDmeys to start legal action to foreclose upon yow mortgaged property
IF THEIIORTGAGE IS FORECLOSED UPON - The mor1gaged property wi. be sold by 1he Sheriff to payoff the mortgage
debt. If the lender refers your case to its attorneys, but you cure the delinquency before 1he lender begins legal prooeecings
against you, you wiI still be required to pay the reasonable attorney's fees that were acluaIIy il'lClJlTlld, l4lto $50.00. However,
if legal proceedings are started against you, you wll have to pay all reasonable attorney's fees actuaRy incurred by the lender
even If they exceed $50.00. Any attorney's fees wiI be added to the 8/TlOmt you owe the lender, which may also include other
reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be rvquired to pay lItklm8y's
fees.
OTHER LENDER REMEDIES - The lender may also sue you personaly for the ~aid principal balance and all other sums
due lRlerthe mor1gage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY {301
DAY period and foreclosure proceedings have begun, you still have the right to cure 1he default and prevent the sale at any
time up to one hour before the Sheriff's Sale. You may do so by paying the tot8l1Jll1Omt then past due, plus any late or other
charges 1hen due, reasonable attomey's fees and costs connected with the foreclosure sale and any other costs connected
with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage.
Curing yo... default in the manner set forth in this notice wi. restOnl your mortgage to the same position as if you had
never defaulted.
EARUEST POSSIBLE SHERIFF'S SALE DATE - It Is estimated that the earliest date that such a Sheriff's Sale of the
mortgage property could be held would be approximately six (6) months from the date of this Notice. A ncticeof the actual
date of the Sheriffs Sale will be sent to you before the sale. Of course, the arllOUI'It needed to cure the default wll inaease
the longer you wait You may fllld out at any time exactly what the required payment or action win be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Addnlss:
Phone Number:
Fax Number:
Contact Person'
Countrywide Home Loans Servicing LP
P. O. Box 660694 Dallas, TX 75266-0694
1-800-66~102
1-805-577-3432
lIS PTX-36
Attention: Loan Counselor
EFFECT OF stERFPS SALE - You should realize that a Sherifrs Sale will end your ownenlhip of the mortgaged property
and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your
furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE. You may sell or tlansfer your home to a buyer or transferee who will assume the mortgage
debt, provided that aft the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that
the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAUlT CURED BY AN'( THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE
THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES
IN AN'( CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAUlT IN ANY FOREa.OSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Your loan is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your
property. The pulJlOses of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the
property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection,
7113 6257 1~70 71'1 7753
other actions to protect the mortgagee's interest in the property (including, but not Ilnited to, winterization, securing the
property, and valuation services) may be taken. The com of the IIbove-4escribed inspec:tions and property preHn/ation
efforts wll be charged to your account as provided in your security ins1rument.
If you are ooabIe 10 cure the default on or before September 30, 2005, CocxItrywide woots you 10 beawwe of various options
. that may be available 10 you through Countrywide to prevent a foreclosure sale of you" property. For ex8fl1lle:
. Repayment Plan: It is possible that you may be eligible for some fann of payment assistance through COl.Wl1rywide.
Our basic plan requires that Countrywide receive, up front, at least % of 1he amount necessary to bring the 8<llXlOOt
<UTent, and that the balance of the overdue amOlmt be paid, along with the regular monlhly payment, over a
defined period of time. Other repayment plans also are available.
· Loan Modification: Or, it is possible that the regular monthly payments can be lowered through a modification of
the loan by reducing the interest late and then adding the delinquent payments to the current loan balance. This
foredoslXe alternative, however, is firnited to certain loan types.
· Sale of Your Property: Or, if you are willing to seA your home in order to avoid foreclosure, it is possible that the
sale of your home can be approved through Countrywide even if your home is worth less than what is owed on it.
· Oeed-in-lieu: Or, if your property is free from other fiens or encumbrnnces, and if the default is due to a serious
financial hardship which is beyond your con1rol, you may be eligible 10 deed )'OUr property direcUy to the
NotehoIder and avoid the foreclosure sale.
If you are interested in discussing any of these foredosure alternatives with COI.I1trywide, you must contact us invnediately. If
you request assistance, Comtlywide will need to evaluate whether that assistance will be extended 10 you. In the meantime,
COl.I1trywide wi. pursue HI of its rights and remedies under the loan documents and as pemitted by law, unless it agrees
othelwIse in writing. Failure 10 bring your loan CUTent or to enter into a written agreement by September 30, 2005 as ouUined
above wll result in the acceleration of your debt.
Time is of the essence. If you have any questions conceming this notice, please contact Loan Counseling Center immediately
at 1~9-O102.
VF.RIFTC.A TION
Jenine R. Davey, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is
authorized to make this verification, and that the statements made in the foregoing Motion for Summary
Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The
undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. ~4904
relating to unsworn falsification to authorities.
Wilb~
Date
Jeni e . Davey, Esquire
Atto y for Plaintiff
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PHELAN llALLINAN & SCHMIEG. UP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id No.
1617 JFK Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 06-582
Plaintiff
Vs.
CA THY J. SWARTZWELDER
Defendant(s)
PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF
PURSUANT TO Pa.R.C.P.. RULE 2352
TO THE PROTHONOTARY:
Kindly substitute BANK OF NEW YORK, AS TRUSTEE FOR CERTIFICATE
HOLDERS OF CW ABS 2004-06 as successor Plaintiff for the originally named Plaintiff.
The material facts on which the right of succession and substitution are based as
follows:
BANK OF NEW YORK, AS TRUSTEE FOR CERTIFICATE
HOLDERS OF CW ABS 2004-06 is the current holder of the mortgage by
virtue of that certain ASSIGNMENT recorded 04/06/06 in Book No.
0726, Page 0275.
Kindly change the information on the docket.
Date: June 1, 2006
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Lawrence T. Phelan, Esq.
Francis S. Hallinan, Esq.
Daniel G. Schmieg, Esq.
Attorneys for Plaintiff
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Bank of New York, as
Trustee for Certificate Holders
of CWABS 2004-006, Substitute
Party Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
~_~U
NO. OO-Srr6 civil Term
vs.
Cathy J. Swartzwelder,
a/k/a Cathy J. Reisinger
A/k/a Cathy J. Hurley
Defendant
ENTRY OF APPEARANCE AS LOCAL COUNSEL
Dear Sir:
I hereby enter my appearance as local counsel, in conjunction
with the Law Offices of Phelan Hallinan & Schmieg, LLP, for the
limited purpose of representing the Plaintiff at Argument Court to
be held on Wednesday, July 12, 2006.
Da e F. Shug art,
Supreme Court I.D
10 West High Stree
Carlisle, PA 17013
(717) 241-4311
Date: July 11, 2006
cc: Jenine R. Davey, Esquire, Phelan Hallinan & Schmieg, LLP
David H. Martineau, Esquire
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BANK OF NEW YORK, as Trustee for : IN THE COURT OF COMMON PLEAS OF
Certificate Holders of CWABS : CUMBERLAND COUNTY, PENNSYLVANIA
2004-06, Substitute Party Plaintiff,
PLAINTIFF
V.
CATHYJ.SWARTZWELDER,~~a
CATHY J. REISINGER, aMa CATHY J. :
HURLEY,
DEFENDANT 06-582 CIVIL TERM
IN RE: MOTION FOR SUMMARY JUDGMENT
ORDER OF COURT
AND NOW, this
\'\..--
day of July, 2006, summary judgment is
ordered in favor of plaintiff, Bank of New York, as Trustee for Certificate Holders of
CWABS 2004-06, Substitute Party Plaintiff, against Cathy J. Swartzwelder, a/~al Cathy
J. Reisinger, a/~a Cathy J. Hurley, in the amount of $278,025.11, plus interest from
January 25,2006, at the rate of $57.28 per diem, and costs.
By cC ,"
Edgar B. Bayley, J.
Jenine R. Davey, Esquire
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
Dale F. Shughart, Jr., Esquire
10 West High Street
Carlisle, PA 17013
For Plaintiff
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Cathy J. Swartzwelder, Pro se
25 Old Stonehouse Road
Carlisle, PA 17013
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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
BANK OF NEW YORK, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF CWABS 2004-06,
SUBSTITUTE PARTY PLAINTIFF
7105 CORPORATE DRIVE
PLANO, TX 75024
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
NO. 06-582 CIVIL TERM
v.
CATHYJ.SWARTZWELDER
AIKIA CATHY J. REISINGER
AIKIA CATHY J. HURLEY
Defendant(s).
PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TOTHEPROTHONOTAR~
Kindly enter '-~81B jtla~eftt i;ra~~ Plaintiff and against CATHY J.
SWARTZWELDER AIKIA CATHY J. REISINGER AIKIA CATHY J. HURLEY. 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 1/25/06 to 7/12/06
TOTAL
$278,025.11 .,I
$9,680.32
$287,705.43
1 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.
DANIEL G. SCHMIEG, ESQU
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED~ .
DATE: JJu1 I, ';)..odP r1
PROP.
'.
. 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 Penn Center Plaza, Suite 1400
Philadelphia, PA 19103
(215) 563-7000
MORTGAGE ELECfRONIC REGISTRATION
SYSTEMS, INe.
ATTORNEY FOR PLAINTIFF
: COURT OF COMMON PLEAS
Plaintiff
: CIVIL DIVISION
Vs.
: CUMBERLAND COUNTY
CATHY 1. SWARTZWELDER AlUA CATHY 1.
REISINGER A/KIA CATHY 1. HURLEY
Defendants
: NO. 06-582-CIVIL TERM
TO: CATHY J. SWARTZWELDER AlUA CATHY J. REISINGER AIKIA CATHY J. HURLEY
25 OLD STONEHOUSE ROAD
CARlSLE,PA 17013
DATE OF NOTICE: FEBRUARY22.2006 t" t CO,~
TIDS FIRM IS A DEBT COLLECfOR ATTEMPTING TO COLLECf A ~E~THIS NOTICE IS SENT TO
YOU IN AN ATTEMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY
INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE
PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, TIDS CORRESPONDENCE IS NOT AND
SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECf 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
OBJECfIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACf WITHIN TEN DAYS FROM THE
DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU
MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHfS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,
GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE 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
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FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
BANK OF NEW YORK, as Trustee for
Certificate Holders of CWABS
2004-06, Substitute Party Plaintiff,
PLAINTIFF
-Y~~\o-C\\i~O-.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CATHY J. SWARTZWELDER, a/kla
CATHY J. REISINGER, a/k/a CATHY J. :
HURLEY,
DEFENDANT 06-582 CIVIL TERM
IN RE: MOTION FOR SUMMARY JUDGMENT
ORDER OF COURT
AND NOW, this
\1---
day of July, 2006, summary judgment is
ordered in favor of plaintiff, Bank of New York, as Trustee for Certificate Holders of
CWABS 2004-06, Substitute Party Plaintiff, against Cathy J. Swartzwelder, a/klal Cathy
J. Reisinger, a/kla Cathy J. Hurley, in the amount of $278,025.11 , plus interest from
January 25,2006, at the rate of $57.28 per diem, and costs.
BY(" "",
Edgar B. Bayley, J.
Jenine R Davey, Esquire
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
Dale F. Shugtlart, Jr., Esquire
10 West Hjgh Street
Carlisle, PA 17013
For Plaintiff
Cathy J. Swartzwelder, Pro se
25 Ol.d Stonehouse Road
Carlisle, PA 17013
TRUE COPY FROM AECORu
IIlTHtlmooy wtIlInIot. I hereuatoset my I1znl'f
iUld the .. If said ; at Carlisle, Pli.
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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
BANK OF NEW YORK, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF CWABS 2004-06,
SUBSTITUTE PARTY PLAINTIFF
7105 CORPORATE DRIVE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
NO. 06-582 CIVIL TERM
v.
CATHY J. SWARTZWELDER
AlKlA CATHY J. REISINGER
AlKlA CATHY J. HURLEY
Defendant( s).
VERIFICATION OF NON.MILITARY SERVICE
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge of the following facts,
to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United States
or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress
of 1940, as amended.
(b) that defendant CATHY J. SWARTZWELDER AIKIA CATHY J. REISINGER
AIKIA CATHY J. HURLEY is over 18 years of age and resides at 25 OLD
STONEHOUSE ROAD, CARLISLE, PA 17013.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
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(Rule of Civil Procedure No. 236) - Revised
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
BANK OF NEW YORK, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF CWABS 2004-06,
SUBSTITUTE PARTY PLAINTIFF
7105 CORPORATE DRIVE
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
Plaintiff,
NO. 06-582 CML TERM
v.
CATHY J. SWARTZWELDER
A/KJA CATHY J. REISINGER
A/KJA CATHY J. HURLEY
Defendant(s).
Notice is given that a Judgment in the above-captioned matter has been entered against you on
fJ~ I
200"=-.
BY~
If you have any questions concerning this matter, please contact:
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
ONE PENN CENTER AT SUBURBAN STA nON
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED 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.""
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
P.R.C.P.3180-3183
BANK OF NEW YORK, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF CW ABS 2004-06,
SUBSTITUTE PARTY PLAINTIFF
Plaintiff,
No. 06-582 CIVIL TERM
v.
CATHY J. SWARTZWELDER
A/KJA CATHY J. REISINGER
A/KJA CATHY J. HURLEY
Defendant( s).
TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due
$278,025.11
Interest from 1/25/06 to 7/12/06
(per diem -$57.28)
$9,680.32 and Costs
TOTAL
$287,705.43
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DANIEL G. SCHMIEG, ESQ
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.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-582 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANK OF NEW YORK, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF CW ABS 2004-06, SUBSTITUTE PARTY PLAINTIFF, Plaintiff (s)
From CATHY J. SWARTZWELDER AIKIA CATHY J. RESIGINGER AIKIA CATHY J.
HURLEY
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (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 $278,025.11 L.L. $.50
Interest INTEREST FROM 1/25/06 TO 7/12/06 (PER DIEM - $57.28) -- $9,680.32 AND COSTS
Arty's Comm % Due Prothy $1.00
Arty Paid $115.28 Other Costs
Plaintiff Paid
Date: AUGUST 9, 2006
(Seal)
Prothonotary
By;
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIET, ESQUIRE
Address: ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400
PHILADELPIDA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone : 215-563-7000
Supreme Court ID No. 62205
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a plan prepared by Chris A. Hoover,
RPLS, dated 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in
Plan Book 82, Page 121, as follows:
BEGINNING at a point on dedicated right of way line of Old Stonehouse Road, S.R. 2002 at
lands now or formerly of Joe Garvey; thence along dedicated right of way line of Old Stonehouse
Road, S.R. 2002 North 11 degrees 39 minutes 34 seconds West 200.00 feet to a point; thence
along other lands now or formerly of Betty Zeigler North 81 degrees 30 minutes East 404.75 feet
to a point; thence still along lands of Betty Zeigler South 11 degrees 39 minutes 34 seconds East
200.00 feet to a point; thence along lands now or formerly of Joe Garvey South 81 degrees 30
minutes West 404.75 feet to a point, the Place of BEGINNING.
BEING THE SAME PREMISES which Betty A. Zeigler, widow, granted and conveyed unto
Mildred B. Hurley, widow, and Cathy J. Swartzwelder, as joint tenants with right of survivorship
and not as tenants in common, by deed dated March 13,2001, in the Recorder of Deeds in and for
Cumberland, PAin Record Book 240, Page 982, and recorded on March 14, 2001. The
aforementioned Mildred B. Hurley, having died on April 8, 2002, whereby her interest passes to
her daughter, Cathy J. Swartzwelder, as the surviving tenant.
PREMISES BEING: 25 OLD STONEHOUSE ROAD, CARLISLE, PA 17013.
PARCEL NO. 22-09-0537-018
VESTED BY: Warranty Deed dated 2/5/03, given by Mildred B. Hurley (now deceased) and
Cathy J. Swartzwelder, as joint tenants with right of survivorship and not as tenants in common to
Cathy 1. Swartzwelder, a single woman recorded 2/20/03 in Book: 255 Page: 4019
PRIOR TILE VESTED BY: Special Warranty Deed dated 3/13/01, given by Betty A. Seigler to
Mildred B. Hurley, widow recorded 3/14/01 in Book: 240 Page: 982.
. .,
BANK OF NEW YORK, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF CWABS 2004-06,
SUBSTITUTE PARTY PLAINTIFF
@
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
CATHY J. SWARTZWELDER
AlKJA CATHY J. REISINGER
AlKJACATHY J. HURLEY
NO. 06-582 CIVIL TERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
BANK OF NEW YORK. AS TRUSTEE FOR CERTIFICATE HOLDERS OF CW ADS 2004-06.
SUBSTITUTE PARTY PLAINTIFF, 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 .25 OLD STONEHOUSE ROAD.
CARLISLE. P A 17013.
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CATHY J. SWARTZWELDER
AIKIA CATHY J. REISINGER
AIKIA CATHY J. HURLEY
25 OLD STONEHOUSE ROAD
CARLISLE, PA 17013
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)
MERS, ACTING SOLEY AS NOMINEE
FOR SIB MORTGAGE CORP.
P.O. BOX 2026
FLINT, MI 48301-2026
. ..' ....
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
25 OLD STONEHOUSE ROAD
CARLISLE, PA 17013
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 of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities.
July 28. 2006
DATE
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
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BANK OF NEW YORK, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF CW ABS 2004-06,
SUBSTITUTE PARTY PLAINTIFF
Plaintiff,
CUMBERLAND COUNTY
No. 06-582 CIVIL TERM
v.
CATHY J. SWARTZWELDER
A/KJA CATHY J. REISINGER
A/KJA CATHY J. HURLEY
Defendant(s).
July 28, 2006
TO: CATHY J. SWARTZWELDER
AlKJA CATHY J. REISINGER
A/KJA CATHY J. HURLEY
25 OLD STONEHOUSE ROAD
CARLISLE, P A 17013
**-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 PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at. 25 OLD STONEHOUSE ROAD. CARLISLE. PA 17013. is
scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of
$287.705.43 obtained by BANK OF NEW YORK. AS TRUSTEE FOR CERTIFICATE
HOLDERS OF CWABS 2004-06. SUBSTITUTE PARTY PLAINTIFF (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 SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
I. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
'. -,
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. Ifthe 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 of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the 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
(800) 990-9108
. ..
LEGAL DESCRIPTION
ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a plan prepared by Chris A. Hoover,
RPLS, dated 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in
Plan Book 82, Page 121, as follows:
BEGINNING at a point on dedicated right of way line of Old Stonehouse Road, S.R. 2002 at
lands now or formerly of Joe Garvey; thence along dedicated right of way line of Old Stonehouse
Road, S.R. 2002 North 11 degrees 39 minutes 34 seconds West 200.00 feet to a point; thence
along other lands now or formerly of Betty Zeigler North 81 degrees 30 minutes East 404.75 feet
to a point; thence still along lands of Betty Zeigler South 11 degrees 39 minutes 34 seconds East
200.00 feet to a point; thence along lands now or formerly of Joe Garvey South 81 degrees 30
minutes West 404.75 feet to a point, the Place of BEGINNING.
BEING THE SAME PREMISES which Betty A. Zeigler, widow, granted and conveyed unto
Mildred B. Hurley, widow, and Cathy J. Swartzwelder, as joint tenants with right of survivorship
and not as tenants in common, by deed dated March 13,2001, in the Recorder of Deeds in and for
Cumberland, PA in Record Book 240, Page 982, and recorded on March 14,2001. The
aforementioned Mildred B. Hurley, having died on April 8, 2002, whereby her interest passes to
her daughter, Cathy 1. Swartzwelder, as the surviving tenant.
PREMISES BEING: 25 OLD STONEHOUSE ROAD, CARLISLE, PA 17013.
PARCEL NO. 22-09-0537-018
VESTED BY: Warranty Deed dated 2/5/03, given by Mildred B. Hurley (now deceased) and
Cathy J. Swartzwelder, as joint tenants with right of survivorship and not as tenants in common to
Cathy J. Swartzwelder, a single woman recorded 2/20/03 in Book: 255 Page: 4019
PRIOR TILE VESTED BY: Special Warranty Deed dated 3/13/01, given by Betty A. Seigler to
Mildred B. Hurley, widow recorded 3/14/01 in Book: 240 Page: 982.
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BANK OF NEW YORK, as Trustee for
Certificate Holders of CWABS
2004-06, Substitute Party Plaintiff,
PLAINTIFF
y~~\(>.~\.i~ 0-.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CATHY J. SWARTZWELDER, a/kla
CATHY J. REISINGER, a/kla CATHY J. :
HURLEY,
DEFENDANT 06-582 CIVIL TERM
IN RE: MOTION FOR SUMMARY JUDGMENT
ORDER OF COURT
AND NOW, this
\1..-
day of July, 2006, summary judgment is
ordered in favor of plaintiff, Bank of New York, as Trustee for Certificate Holders of
CWABS 2004-06, Substitute Party Plaintiff, against Cathy J. Swartzwelder, a/kla/ Cathy
J. Reisinger, a/k/a Cathy J. Hurley, in the amount of $278,025.11, plus interest from
January 25, 2006, at the rate of $57.28 per diem, and costs.
Jenine R. Davey, Esquire
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
Dale F. Shugl1art, Jr., Esquire
1 OVVest H!ghStreet
Carlisle, PA17013
For Plaintiff
Cathy J. Swartzwelder, Pro S8
25 Olp Stonehouse Road
Carlisle, PA 17013
fRUE COPY FROM AECORU
I$lTRtimooywft8reot.l hefeuntoset my r..::no
iIIld tl1e _ M said ~ at Carllsle. PI.
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ProthonGtafi
;sal
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, P A 19103-1814
(215) 563-7000
ATTORNEY FOR PLAINTIFF
BANK OF NEW YORK, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF CWABS 2004-06,
SUBSTITUTE PARTY PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
CIVIL DIVISION
v.
NO. 06-582 CIVIL TERM
CATHY J. SWARTZWELDER
A/KJA CATHY J. REISINGER
AJKJA CATHY J. HURLEY
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:
() 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.
~
DANIEL G. SCHMIEG, ESQUIRE
Attorney for Plaintiff
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AFFIDAVIT OF SERVICE
,
CUMBERLAND COUNTY
PLAINTIFF
BANK OF NEW YORK, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF CW ABS 2004-06,
SUBSTITUTE PARTY PLAINTIFF
No. 06-582 CIVIL TERM
ACCT. #63734306
DEFENDANT(S)
CATHY J. SWARTZWELDER A/KJA CATHY J.
REISINGER AlKJA CATHY J. HURLEY
Type of Action
- Notice of Sheriff's Sale
SERVE: CATHY J. SWARTZWELDER A/KJA CATHY J. REISINGER
AIKIA CATHY J. HURLEY
25 OLD STONEHOUSE ROAD
CARLISLE, P A 17013
Sale Date: 12/6/06
Served and made known to ~Q f. hy
at~: 00 , O'clocIJ.m., at Z S-
SERVED
J. S'-Q./'fZLJe!der. Defendant, on the _l q .J."
old S ""Oll~ ht1c.. Se Rd.
day ofAuf;c.t.st , 20~
-
, Commonwealth
of Pennsylvania, in the manner described below:
V Defendant personally served.
Adult family member with whom Defendant(s) reside(s). Name and Relationship is
Adult in charge of Defendant(s)'s residence who refused to give name or relationship.
Manager/Clerk of place of lodging in which Defendant(s) reside(s).
Agent or person in charge ofDefendant(s)'s office or usual place of business.
an officer of said Defendant(s)'s company.
Other:
Description: Age 'fs--S-S"" Height S-l s-" Weight [1./.> Race W Sex F Other
I, bav I d e6bt'r+.s , a competent adult, being duly sworn according to law, depose and state that I personally handed
a true and correct copy of the Notice ofSherifrs Sale in the manner as set forth herein, issued in the captioned case on the date and at
the address indicated above.
~--..-.__.~ '.
Sw 0 and's
efo e this
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By:
EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED.
St, t," c -:-::.y
PAr:,,:: ,,'.is
Commission Expires June 10,2008
On tile day of
NOT SERVED
,200_, at
o'clock _.m., Defendant NOT FOUND because:
Moved
Unknown
No Answer
Vacant
1 st Attempt:
I
I
Time:
2nd Attempt:
I
I
Time:
3rd Attempt:
I
I
Time:
Sworn to and subscribed
before me this _ day
of , 200 _'
Notary:
By:
Attornev for Plaintiff
Daniel G. Schmieg, Esquire
I.D. No. 62205
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SALE DATE: DECEMBER 6.2006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CNIL ACTION - LAW
BANK OF NEW YORK, AS TRUSTEE
FOR CERTIFICATE HOLDERS OF
CWABS 2004-06, SUBSTITUTE PARTY
PLAINTIFF
No.: 06-582 CIVIL TERM
vs.
CATHY J. SW ARTZWE~LDER a/kla
CATHY J. REISINGER alkla
CATHYJ.HURLEY
AFFIDAVIT PURSUANT TO RULE 3129.1
AND RETURN OF SERVICE PURSUANT TO
Pa. R.C.P. 405 OF NOTICE OF SALE
Plaintiff in the above action sets forth as ofthe date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at:
25 OLD STONEHOUSE ROAD. CARLISLE. P A 17013.
As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner
required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth
on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date
indicated, and a copy of the notice is attached as an Exhibit. A copy ofthe Certificate ofMailin~
(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attache!'
l.
for each notice.
~v~
DANIEL SCHMIEG, ESQtrrRE
Attorney for Plaintiff
December 5, 2006
BANK OF NEW YORK, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF CW ABS 2004-06,
SUBSTITUTE PARTY PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CML DIVISION
CATHY J. SW ARTZWEl,DER
A/KJA CATHY J. REISINGER
A/KJA CATHY J. HURLEY
NO. 06-582 CIVIL TERM
Defendant(s ).
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No.1)
BANK OF NEW YORK. AS TRUSTEE FOR CERTIFICATE HOLDERS OF CW ABS 2004-06.
SUBSTITUTE PARTY PLAINTIFF, 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 .25 OLD STONEHOUSE ROAD. CARLISLE. P A 17013.
1. Name and address ofOwner(s) or reputed Owner(s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CATHY J. SWARTZWELDER
AlKJA CATHY J. REISINGER
A/KJA CATHY J. HURLEY
25 OLD STONEHOUSE ROAD
CARLISLE, PA 17013
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)
MERS, ACTING SOLEY AS NOMINEE FOR
SIB MORTGAGE CORP.
P.O. BOX 2026
FLINT, MI 48301-2026
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 (::very 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
25 OLD STONEHOUSE ROAD
CARLISLE, PA 17013
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
COMMONWEALTH OF PENNSYLVANIA
BUREAU OF INDIVIDUAL TAX
INHERITANCE TAX DIVISION
ATTN: JOHN MURPHY
6TH FLOOR, STRAWBERRY SQUARE
DEPT. 280601
HARRISBURG, PA 17128
INTERNAL REVENUE SERVICE
FEDERATED INVESTORS TO'VER
1001 LIBERTY AVENUE
13TH FLOOR, SUITE 1300
PITTSBURGH, PA 15222
DEPARTMENT OF PUBLIC WELFARE
TPL CASUALTY UNIT
ESTATE RECOVERY PROGRAM
P.O. BOX 8486
WILLOW OAK BUILDING
HARRISBURG, PA 17105-8486
DAVID H. MARTINEAU, ESQUIRE
SALZMANN HUGHES, P.c.
354 ALEXANDER ROAD, SUITE 1
CARLISLE, P A 17013
E. RALPH GODFREY, ESQUIRE
354 ALEXANDER SPRING ROAD
SUITE 1
CARLISLE, PA 17013
I verify that the statements made in this affidavit are true and correct to the best of my personal
knowledge or information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa. e.S. Sec. 4904 relating to unsworn falsification to authorities.
November 6. 2006
DATE
D~~~QUIRE
Attorney for Plaintiff
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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 Certificate Holders CW ABS Inc Trustee is the grantee the same having been
sold to said grantee on the 26th day of December A.D., 2006, under and by virtue of a writ Execution
issued on the 9th day of August, A.D., 2006, out of the Court of Common Pleas of said County as of
Civil Term, 2006 Number 582, at the suit of Certificate Holders of CW ABS 2004-06 Trustee against
Cathy J Swartzwelder. Cathy J Reisenger.Catht J Hurley is duly recorded in Deed Book No. 278, Page
520.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this ~ ,
day of
O.#.C.. , A.D..2~(,
~v
RecontIr f'DeIda. CumbeIIInd County, CIdIIe, PA Recorder 0 f Deeds
My ~, EJpiIa lie Fill Monday of JIn. 2010
Bank of New York as Trustee for the Certificate In the Court of Common Pleas of
Holders of CW ABS 2004-06 Cumberland County, Pennsylvania
VS Writ No. 2006-582 Civil Term
Cathy J. Swartzwelder aJk/a Cathy J. Reisinger a/k/a
Cathy J. Hurley
Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on
September 20,2006 at 1255 hours, he served a true copy ofthe within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant, to wit: Cathy J.
Swartzwelder aJk/a Cathy J. Reisinger a/k/a Cathy J. Hurley, by making known unto Cathy Hurley
personally, at 25 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania its contents and
at the same time handing to her personally the said true and correct copy of the same.
William Cline, Deputy Sheriff, who being duly sworn according to law, states that on
October 13, 2006 at 0944 hours, he posted a true copy ofthe within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Cathy J. Swartzwelder aJk/a
Cathy J. Reisinger a/k/a Cathy 1. Hurley located at 25 Old Stonehouse Road, Carlisle, Cumberland
County, 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 ofthe pendency ofthe action to the within named defendant, to wit: Cathy J.
Swartzwelder aJk/a Cathy J. Reisinger a/k/a Cathy J. Hurley, by regular mail to her last known
address of25 Old Stonehouse Rd., Carlisle, P A 17013. This letter was mailed under the date of
October 10, 2006 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 6,
2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to attorney Daniel G. Schmieg
on behalf of Bank of New York as Trustee for the Certificate Holders CWABS, Inc., Asset-Backed
Certificates, Series 2004-6. It being the highest bid and best price received for the same, Bank of
New York as Trustee for the Certificate Holders CW ABS, Inc., Asset-Backed Certificates, Series
2004-6 of7105 Corporate Drive, Piano, TX, 75024.being the buyer in this execution, paid to Sheriff
R. Thomas Kline the sum of$1912.0l.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Levy
Surcharge
Law Journal
Patriot News
30.00
37.49
15.00
15.00
30.00
10.00
.50
1.00
8.80
15.00
20.00
982.00
666.78
Share of Bills
Distribution of Proceeds
Sheriffs Deed
15.94
25.00
39.50 01
/1' IIi
$1912.01 \) \7"
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BANK OF NEW YORK, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF CW ABS 2004-06,
SUBSTITUTE PARTY PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
v.
CIVIL DIVISION
CATHYJ.SWARTZWELDER
AIKIA CATHY J. REISINGER
AlKJA CATHY J. HURLEY
NO. 06-582 CIVIL TERM
Defendant(s).
AFFIDAVIT PURSUANT TO RULE 3129
(Affidavit No. I)
BANK OF NEW YORK. AS TRUSTEE FOR CERTIFICATE HOLDERS OF CW ABS 2004-06.
SUBSTITUTE PARTY PLAINTIFF, 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 .25 OLD STONEHOUSE ROAD.
CARLISLE. PA 17013.
1. Name and address of Owner( s) or reputed Owner( s):
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
CATHY J. SWARTZWELDER
A/KJA CATHY J. REISINGER
A/KJA CATHY J. HURLEY
25 OLD STONEHOUSE ROAD
CARLISLE, P A 17013
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)
MERS, ACTING SOLEY AS NOMINEE
FOR SIB MORTGAGE CORP.
P.O. BOX 2026
FLINT, MI 48301-2026
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BANK OF NEW YORK, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF CWABS 2004-06,
SUBSTITUTE PARTY PLAINTIFF
Plaintiff,
CUMBERLAND COUNTY
No. 06-582 CIVIL TERM
v.
CATHY J. SWARTZWELDER
A/K1A CATHY J. REISINGER
A/K1A CATHY J. HURLEY
Defendant(s).
July 28, 2006
TO: CA THY J. SWARTZWELDER
A/K1A CATHY J. REISINGER
AIKIA CATHY J. HURLEY
25 OLD STONEHOUSE ROAD
CARLISLE, P A 17013
**THIS FIRM IS A DEBT COLLECTOR A Tf'EMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. **
Your house (real estate) at. 25 OLD STONEHOUSE ROAD. CARLISLE. PA 17013. is
scheduled to be sold at the Sheriffs Sale on DECEMBER 6. 2006 at 10:00 a.m. in the Cumberland
County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of
$287.705.43 obtained by BANK OF NEW YORK. AS TRUSTEE FOR CERTIFICATE
HOLDERS OF CWABS 2004-06. SUBSTITUTE PARTY PLAINTIFF (the mortgagee) against you.
In the event the sale is continued, an announcement will be made at said sale in compliance with
Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this 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, 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 ifthis has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold
in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be
postponed or stayed in the event that a representative of the plaintiff is not present at the sale.
CUMBERLAND COUNTY ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
LEGAL DESCRIPTION
ALL THAT CERTAIN tract ofland situate in Monroe Township, Cumberland County,
Pennsylvania, bounded and described in accordance with a plan prepared by Chris A. Hoover,
RPLS, dated 2000 and recorded in the Office of the Recorder of Deeds for Cumberland County in
Plan Book 82, Page 121, as follows:
BEGINNING at a point on dedicated right of way line of Old Stonehouse Road, S.R. 2002 at
lands now or formerly of Joe Garvey; thence along dedicated right of way line of Old Stonehouse
Road, S.R. 2002 North 11 degrees 39 minutes 34 seconds West 200.00 feet to a point; thence
along other lands now or formerly of Betty Zeigler North 81 degrees 30 minutes East 404.75 feet
to a point; thence still along lands of Betty Zeigler South II degrees 39 minutes 34 seconds East
200.00 feet to a point; thence along lands now or formerly of Joe Garvey South 81 degrees 30
minutes West 404.75 feet to a point, the Place of BEGINNING.
BEING THE SAME PREMISES which Betty A. Zeigler, widow, granted and conveyed unto
Mildred B. Hurley, widow, and Cathy J. Swartzwelder, as joint tenants with right of survivorship
and not as tenants in common, by deed dated March 13,2001, in the Recorder of Deeds in and for
Cumberland, PA in Record Book 240, Page 982, and recorded on March 14,2001. The
aforementioned Mildred B. Hurley, having died on April 8,2002, whereby her interest passes to
her daughter, Cathy J. Swartzwelder, as the surviving tenant.
PREMISES BEING: 25 OLD STONEHOUSE ROAD, CARLISLE, PA 17013.
PARCEL NO. 22-09-0537-018
VESTED BY: Warranty Deed dated 2/5/03, given by Mildred B. Hurley (now deceased) and
Cathy J. Swartzwelder, as joint tenants with right of survivorship and not as tenants in common to
Cathy J. Swartzwelder, a single woman recorded 2/20/03 in Book: 255 Page: 4019
PRIOR TILE VESTED BY: Special Warranty Deed dated 3/13/01, given by Betty A. Seigler to
Mildred B. Hurley, widow recorded 3/14/01 in Book: 240 Page: 982.
I Z :[ d 8 Z 8nv qOOZ
: .l:JU_" I:!
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANK OF NEW YORK, AS TRUSTEE FOR
NO 06-582 Civil
CIVIL ACTION - LAW
CERTIFICATE HOLDERS OF CW ABS 2004-06, SUBSTITUTE PARTY PLAINTIFF, Plaintiff (s)
From CATHY J. SWARTZWELDER AlK/A CATHY J. RESIGINGER AlK/A CATHY J.
HURLEY
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (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 $278,025.11 L.L. $.50
Interest INTEREST FROM 1/25/06 TO 7/12/06 (PER DIEM - $57.28) -- $9,680.32 AND COSTS
Arty's Comm % Due Prothy $1.00
Atty Paid $115.28 Other Costs
Plaintiff Paid
Date: AUGUST 9, 2006
(Seal)
Prothonotary
By:
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIET, ESQUIRE
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
Real Estate Sale # 45
On August 29, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
Monroe Township, Cumberland County, P A
Known and numbered as 25 Old Stonehouse Road,
Carlisle, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: August 29,2006
By:
JocLyS~
Real Estate Sergeant
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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
smce;
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 2006. 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
S ALE #45
~
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
~.
"
.
.
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
.J ournal on the following dates,
VIZ:
October 20, October 27 and November 3, 2006
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.
SWORN TO AND SUBSCRIBED before me this
3 day of November. 2006
NOT SEAl.
LOIS E. SNYDER. Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5, 2009
REAL ESTATE SALE NO. 45
Writ No. 2006-582 Civil
Bank of New York, as Trustee for
Certificate Holders of CWABS
2004-06, Substitute party Plaintiff
vs.
Cathy J. Swartzwelder a/k/a
Cathy J. Reisinger a/k/a
Cathy J. Hurley
Atty.: Daniel Schmieg
LEGAL DESCRIPTION
ALL TIIAT CERTAIN tract of land
situate in Monroe Township, Cum-
berland County, Pennsylvania,
bounded and described in accor-
dance with a plan prepared by Chris
A. Hoover, RPLS, dated 2000 and
recorded in the Office of the Re-
corder of Deeds for Cumberland
County in Plan Book 82, Page 121,
as follows:
BEGINNING at a point on dedi-
cated right of way line of Old
Stonehouse Road, S.R. 2002 at
lands now or formerly of Joe
Garvey; thence along dedicated
right of way line of Old Stonehouse
Road, S.R. 2002 North 11 degrees
39 minutes 34 seconds West 200.00
feet to a point; thence along other
lands now or formerly of Betty
Zeigler North 81 degrees 30 min-
utes East 404.75 feet to a point;
thence still along lands of Betty
Zeigler South 11 degrees 39 min-
utes 34 seconds East 200.00 feet
to a point; thence along lands now
or formerly of Joe Garvey South 81
degrees 30 minutes West 404.75
feet to a point, the Place of BEGIN-
NING.
BEING THE SAME PREMISES
which Betty A. Zeigler, widow,
granted and conveyed unto Mildred
B. Hurley, widow. and Cathy J.
Swartzwelder, as joint tenants with
right of survivorship and not as ten-
ants in common, by deed dated
March 13, 200 I, in the Recorder of
Deeds in and for Cumberland, PA
in Record Book 240, Page 982, and
recorded on March 14, 2001. The
aforementioned Mildred B. Hurley,
having died on April 8, 2002,
whereby her Interest passes to her
daughter, Cathy J. Swartzwelder, as
the surviving tenant.
PREMISES BEING: 25 OLD
STONEHOUSE ROAD, CARLISLE,
PA 17013.
PARCEL NO. 22-09-0537-018.
VESTED BY: Warranty Deed
dated 2/5/03, given by Mildred B.
Hurley (now deceased) and Cathy
J. Swartzwelder, as joint tenants
with right of survivorship and not
as tenants in common to Cathy J.
Swartzwelder, a single woman re-
corded 2/20/03 in Book: 255 Page:
4019.
PRIOR TITLE VESTED BY: Spe-
cial Warranty Deed dated 3/13/01,
.,.1 ..,j,
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
SSe
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
'~.h.tJ/)/ /{), /7, ~()Ot?
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.
SWORN TO AND SUBSCRIBED before me this
.!..:Ldayof~ , ,-J.ff(J&
~A~~~r~
Notary
SHERIFF'S SALE
BEING THE SAME PREMISES
which Betty A. Zeigler. widow.
granted and conveyed unto Mildred
B. Hurley. widow, and Cathy J.
Swartzwelder, as joint tenants with
right of survivorship and not as ten-
ants in common. by deed dated
March 13, 2001, in the Recorder of
Deeds in and for Cumberland. PA
in Record Book 240, Page 982. and
recorded on March 14. 2001. The
aforementioned Mildred B. Hurley.
having died on April 8. 2002.
whereby her interest passes to her
daughter. Cathy J. Swartzwelder. as
the surviving tenant.
PREMISES BEING: 25 OLD
STONEHOUSE ROAD. CARLISLE.
PA 17013.
PARCEL NO. 22-09-0537-019.
VESTED BY: Warranty Deed
dated 2/5/03. given by Mildred B.
Hurley (now deceased) and Cathy
J. Swartzwelder. as joint tenants
with right of sUIvivorship and not
as tenants in common to Cathy J.
Swartzwelder. a single woman re-
corded 2/20/03 in Book: 255 Page:
4019.
PRIOR TITLE VESTED BY: Spe-
cial Warranty Deed dated 3/13/01.
Wednesday, December 6. 2006
By virtue of certain Writs of Ex-
ecution, issued out of the Court of
Common Pleas of Cumberland Coun-
ty. Pennsylvania and to me directed,
I will expose at public sale by pub-
lic vendue or outcry, at the Cum-
berland Court House. in the Bor-
ough of Carlisle. Pennsylvania at
10:00 o'clock A.M. Prevailing Time
on the above date, the hereinafter
mentioned real estate.
All parties in interest and Claim-
ants are hereby notified that a
schedule of Distribution will be ffied
by the Sheriff January 5. 2007, that
distribution will be made in accor-
dance with said schedule unless ex-
ceptions are ffied thereto within ten
(10) days thereinafter.
REAL ESTATE SALE NO. 45
Writ No. 2006-582 Civil
Bank of New York. as Trustee for
Certificate Holders of CWABS
2004-06. Substitute Party Plaintiff
vs.
Cathy J. Swartzwelder a/k/a
Cathy J. Reisinger a/k/a
Cathy J. Hurley
Atty.: Daniel Schmieg
LEGAL DESCRIPTION
AIL THAT CERTAIN tract of land
situate in Monroe Township, Cum-
berland County. Pennsylvania.
bounded and described in accor-
dance with a plan prepared by Chris
A. Hoover. RPLS. dated 2000 and
recorded in the Office of the Re-
corder of Deeds for Cumberland
County in Plan Book 82. Page 121.
as follows:
BEGINNING at a point on dedi-
cated right of way line of Old
Stonehouse Road. S.R. 2002 at
given by Betty A. Sdgler to Mildred
B. Hurley. widow recorded 3/14/
01 in Book: 240 Page: 982.
TERMS
lands now or formerly of Joe
Garvey; thence along dedicated
rtght of way line of Old Stonehouse
Road. S.R. 2002 North 11 degrees
39 minutes 34 seconds West 200.00
feet to a point; thence along other
lands now or formerly of Betty
Zeigler North 81 degrees 30 min-
utes East 404.75 feet to a point.
thence still along lands of Bett;
Zeigler South 11 degrees 39 min-
utes 34 seconds East 200.00 feet
to a point; thence along lands now
or formerly of Joe Garvey South 81
degrees 30 minutes West 404.75
feet to a point, the Place of BEGIN-
NING.
As soon as the property is
knocked down to a purchaser. 10%
of the purchase price or all cost,
whichever may be higher. shall be
delivered to the Sheriff. If the 10%
payment is not made as requested.
the Sheriff will direct the auction-
eer to resell the property.
The balance due shall be paid to
the Sheriff by NOT LATER mAN
Tuesday. December 26. 2006 at
12:00 noon, Prevailing TIme. oth-
erwise all money preYloUSIy paid will
be forfeited and the property will
be resold on January 3. 2007. at
10:00 A.M. Prevailing Time in the
Cumberland County Sheriffs Office
Court House. Carlisle. PA.
REAL ESTATE SALE
DATES FOR 2006
Sale Dates Cutoff Dates
March 7. 2007 Nov. 29. 2006
R. Thomas Kline. Sheriff
Cumberland County
Carlisle. PA
Nov. 3, 10. 17