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HomeMy WebLinkAbout06-1093 STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street. P.O. Box 29, Lansdale, PA 19446-0029 (215) 855-9521 LaSalle Bank National Association as COURT OF COMMON PLEAS OF Trustee for Structured Asset Investment CUMBERLAND COUNTY, PA Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, NO:Olo - /o9J C"LUlLIER..>>'1 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S) . COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 OR 800-990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION Y POR CUALQUIER QUEJA 0 ALlVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO 0 SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717 .249-3166 OR 800-990-9108 STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: Ol.o. - /OQ3 c.("oi.L '-r82-~ v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S) . COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff hereby complains against Defendant(s) as follows: 1. Plaintiff is LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, ("Plaintiff"), with an address in care of WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. 2. Plaintiff is the current holder of the mortgage described below (the "Mortgage"): (a) Parties to Mortqaqe: Mortqaqee: Wilmington Finance, Inc. Mortqaqor: Todd A. Perry and Carrie Perry (b) Date of Mortqaqe: 4/25/2003 (c) Place and Date of Record of Mortqaqe: Recorder of Deeds Cumberland Mortgage Book: 1809 Date: 5/2/2003 Page: 2388 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. NO.1019 (g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assianment: Assignor: Wilmington Finance, Inc. Assignee: LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9 Date of Assignment: As Recorded Recording Date: 9/7/2004 Book: 711 Page: 1787 3. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment. 4. Contemporaneous with execution of the Mortgage, Defendant(s) executed a note (the 'Note'). A true and correct copy of the Note is attached hereto and marked as Exhibit "B." 5. The real property that is subject to the Mortgage is generally known as 5008 Greenwood Circle, Enola, PA, 17025. A true and correct copy of the legal description is attached hereto and marked as Exhibit "C." 6. The name and mailing address of Defendant(s) is: Todd A. Perry and Carrie Perry, 5008 Greenwood Circle, Enola, PA 17025 7. The interest of Defendant(s) is as Mortgagor, Real Owner, or both. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of May 01, 2005, and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 9. The following amounts are due as of February 23, 2006: Principal of Mortgage debt due and unpaid $391,939.58 Interest currently due and owing at 9,375 % per annum calculated from April 01, 2005, currently at $ 100.67 each day Property Inspections $30,100.33 $ 20.50 $ 100.00 $ 3.45 Broker's Price Opinion Certified Mail Costs Late Charges at $,132.93 and for each month hereafter $1,462.23 Title Search Escrow Advance $ 195.00 $ 155.50 $1,250.00 ($256.51 ) $5,243.49 $.430.213.57 Court Costs (filing and service) Attorneys' Fees Suspense TOTAL 10. Interest accrues at a per diem rate of $ 100.67 each day that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 11, The attorneys' 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 attorneys' fees will be charged based on work actually performed. 12. Notice pursuant to Act 91/160, was sent to Defendant(s) on September 28, 2005. A true and correct copy of the Notice sent to Defendant(s) is attached hereto and marked as Exhibit "D." WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant(s), in the amount set forth in paragraphs 9 and 10, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Respectfully submitted, KERNS, PEARLSTINE, ONORATO & FATH,LLP Date: 9-\~&b BY: Stephen I dik, Esquire Attorney or Plaintiff (File #16-793) VERIFICATION Stephen M. Hladik, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this Verification on behalf of said Plaintiff, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. Due to the Plaintiff being out of the state and jurisdiction, counsel has been unable to obtain the Plaintiffs verification at this time, which verification, when received, shall be substituted in place and in stead of this verification. The undersigned understands that this statement herein is made subject to the penalties of 18 PA. C.S. S4904, relating to unsworn falsification to authorities, Date: d~~ ;( ~ Stephe adik, Esquire Attorney for Plaintiff . . LSllt\-c)6~ lA. OF LANCASTER 329 A MAIN 8T. LANDISVILLE, PA 17538 ilO\ Prepared By: Wilmington Finance, Inc. 401 Plymouth Road, Suit. 400 PlymoUl'n Me.flng, PA 19462 877-963-4968 Parcel Nmnber: 10.14-0840-100 [Space Above This LiDe For Rerordiog Data] MORTGAGE LOAN NO.: A3031306 DEFINITIONS Words used in multiple sections of this doeument are defined below and other words are defined in Sections 3, ll, 13, 18, 20 and 21. Certain tules regarding the usage of words used in this docomeDt are also provided in Section 16. (A) "Security Instrument" means this document, which is dated together with all Riders to this doeument. (B) "Borrower" is TOaD A. PERRY AND CARRIE PERRY, HUSBAND AND WIFE /'" APRIL 25, 2003 Borrower is the mongagoI under this Security Instrument. (C) "Lender" is Wilmington Finance, Inc. Lender is a CORPORATION organized and e~ting under the laws of DELAWARE PENNSYLVANiA ~ Single Family - hnnie Mae/Freddie Mac UNIFORM INSTRUMENT VMP.fHPAI (00081 p~ ~ DI15 ~,,~~ Form 3039 1/01 l..f.NDEP. SUPPOR" SYSTEMS. INC. 60PA.NEW (\01021 . . Lender's address is 401 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462 Lender is me mortgagee under this Security Instrument. --- (D) "Note" means the promissory note signed by Borrower and dated APRIL 25, 2003 The Note states that Borrower owes Lender FOUR HUNDRED THOUSAND AND NOl1 00 X X X X X X X X X X X X X X X X X X X X X X X X X X X Dollars (U .S. $ 400,000,00 ____/ - ) plus interest. Borrower bas prOmisedZPa this debt in regnlar Periodie Payments and to pay<tlle debt in full not later than MAY 01 , 2033 . (E) "Property" means the property that is described below under the eading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) ''Riders'' means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower {check box as applicable]: [ZKJ Adjustable Rate Rider D Condominium Rider 0 1-4 Family Rider D Graduated Payment Rider 0 Planned Unit Development Rider D Biweekly Payment Rider o Balloon Rider 0 Rate 1mprovement Rider 0 Second Home Rider CJ Other(s) [specify] (II) "Applicable Law" means all controlling applieable federal, state and local statutes, regulations, ordinances and administrative roles and orders (that have the effect of Jaw) as well as all applicable final, non-appealable judicial opinions. (I) "Conununity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on BOTIower or the Property by a condominium assoeiation, homeOwners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, olher than a transaction originated by check, draft, or similar paper instrument, wbich is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, bnt is not limited to, point-<>f-sale transfers, automated teller maehine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those iteDlS that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proeeeds paid under the eoverages described in Seetion 5) for: (i) damage to, or destruCtion of, the Property; (ii) eondemnation or other taking of all or any part of the Property; (Hi) conveyance in lieu of condemnation; or (iv) misrepresentations vf, or omissions as to, the value andlor condition of the Property_ (M) "Mortgage Insurance" means ;nsuranee protecting Lender against the nonpayment of, or default OIl, lhe Loan. VMP-61PA) {OOOSl P~"2o' 16 I~U~4? Form 3039 1101 . . (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and intereSt under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time 10 time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESP A" refers to all requiremeDls and restrictions that are imposed ill regard to a "federally related mortgage loan" even if the Loan does not qualify as a "fedorally related mortgage loan" under RESPA. (P) "Successor in Interest of 1l0lTower" means any party that has taken title to the Property, whether or ,.not that party bas assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN TIlE PROPERTY This Security Instrument secures 10 Lender: (i) the repayment of the Loan, and all renewals, eXlellSions and modifications of the Note; and (ii) the performance of Borrower's covenllnls and agreements under this Security lnstrunlent and the Note. For this pwpose, Borrower does hereby mortgage, gnmt llIld convey to Lender the following described property located in the COUNTY [Type of Recording Jurisdiction] of CUMBERLAND !Name of Recording Jurisdiction]: SEE COMPLETE LEGAL DESCRIPTION DESCRIBED IN EXHI81T "A" ATTACHED HERETO AND MADE A PART HEREOF which currently has Ibe address of 5008 GREENWOOD CIRCLE ENOLA [Oty] , Pennsylvania [Street] 17025 [Zip Code] ("Pmperty AddJess"): TOGETHER WITH all the improvementS now or hereafter erected on the property, and all easeIllents, appurteIlllI1Ces, and fixtures now or hereafter a part of the property. All replacements and additions shall also be eovered by this Seeurity Instnunent. All of the foregoing is referred 10 in this Secwity Instrument as Ibe "Property." VMp.6CPAJ 1000BI F'ag..3oI16 "".6LCAf Form 3039 1/01 . . BORROWER COVENANTS that Borrower is lawfully seised of the eSlate hereby conveyed and has the right to mortgage, grant and eonvey the Property and that the PropertY is unellCUlllbered, except for encumbrances of record. Borrower warrants and wiD defend generally the title to the Property against .ill claims and demands, subject to any eneumbrances of record. THlS SECURITY INSTRUMENT combines uniform eovenanlS for national use and non-l1lIifonn covenants with limited variatiODS by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender eovenant and agree lIS follows: 1. Payment of Principal, lnterest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. PaymentS due UDder the Note and this Security Insll1llDent shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Seeurity Instrument is returned to Lender unpaid, Lender may require that any or.ill subsequent payments due U1Ider the Note and this Security Instrnment be made in one or more of the following fo11llS, as selected by Lender: (a) eash; (h) money order; (c) certified check, baDk check, treasurer's check or cashier's check, provided any such check is drawn upon an inmtution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at sneh other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan eurrent. Lender may aceept any payment or partia1 payment insufficient to bring the Loan current. without waiver of any rights hereunder or prejudice to its rights to refuse such payment or paItial payments in the future, but Lender is not obligated to apply such paymentS at the time such payments are accepted. If eaeh Periodic Payment is applied as of its \;Ched1l1ed due dale, \h!:n Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds untiI Borrower makes payment to bring the Loan CllIIent. If Borrower does not do so witlJin a reasonable period of time, Lender sh.ill either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim wbich Borrower might have now or in the future against Lender shall relie"" Borrower from making paymenls due under the Note and this Security Instrument or perfonning the covenants and agreements secured by this Security Instrument. 2. AppliCJltion of Payments or Proceeds. &eept as otherwise described in this Section 2, .ill payments aecepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (h) prillCipal due under the Note; (c) amounts due under Section 3. Such .paymcnlS shall be applied to each Periodie Payment in the order in wbich it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrwnent, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment wbich includes a sufficient amount to pay any late eharge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outslallding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment ean be VMP.BfPA) 100081 Paue.4 of 16 ~"..IlLl% Form 3039 1/01 . . paid in full. To the extent that any exeess exists after the payment is applied to the full payment of one or more Periodie Payments, such excess may be applied to any late eharges due. Volunlary prepayments shall be applied first 10 any prepayment charges and then as described in the Note. Any application of payments, insmance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security InstrulDCllt as a lien or encmnbnmce on the Property; (b) leasehold payments or ground rents on the Property, if any; (e) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender ill lieu of the payment of Mortgage Insnrance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items.' At origination or at any time during the term of the Loan, Lender may require !bat Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under tlri.s Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow ItemS. Lender may waive Borrower's obligation 10 pay to Lender Funds fur any Or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay direetly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender reqnires, sball furnish 10 Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to JDalre sueh payments and to provide receiptS shal1 for all purposes be deemed to be a covenanl and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Seetion 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender IIllIY exercise its rights under Section 9 and pay such amount and Borrower shal1 dlen be obligated under Section 9 to repay to Lender any such amount. Lender may revoke lhe waiver as \0 any or all Escrow Items at any time by a notiee given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds ill an amount (a) sufJicient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exeeed the maximum amonnt a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law, The Funds shall be held in an institution whose deposits are insured by a federal agency, instnnnenta1ity, or entity (including Lender, if Lender is an institutio:u whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no laltr than the time specified under RBSPA, Lender shal1 not charge Bonower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to IIIJIke sueh a charge, U:uless an agreement is JIl8de in writing or Applicable Law requires interest to be paid on the Funds, Lender shall DOt be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, tbat interest VMP.6CPA) (OOOSI Pag. 5 of 18 "1__$;1(1 Form 3039 1/01 . . shall be paid on the Funds. Lender shall give to Borrower, Without ebarge, an annual aecountill8 of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender sbaU account 10 Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender shaJl notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance With RESPA, but in lID more than 12 mootb1y payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender sball notify Borrower as required by RESP A, and Borrower shaU pay to Lender the amount necessary to make up the deficiency in accordance with RESP A, hut in lID more than 12 monthly payments. Upon payIllOnt in full of aU sums secured by this Security Instrument, Lender shall promptly refund 10 Borrower any Funds held by LeDder. 4. Charges; Liens. Borrower shall pay all taxes, assessments, eharges, fines, and impositio"Ds attributable 10 the property which can attain priority over this Security Insmunem, leasehold payments or ground rents on the Property, if any, and CollllIllJIlity Associatioll Dues, Fees, and Assessments, if any. To the extent that these itemS are Escrow Items, Borrower shall pay them in the manner provided In Section 3. Borrower shall promptly discharge any lien whieb bas priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the Obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is perfonning such agreement; (h) eomests the lien in good fuith by, or defends against enforcement of the lien in, legal proceedings which In Lender's opillion operate 10 prevent the enforcement of the lien while those proeeediogs are pending, but only until such proceedings are eoncluded; or (e) seeures from the holder of the lien an agreement satisfactory to Lender subordinating the lien 10 Ibis Security Instrument. If Lender determines thai any part of the Property is subject 10 a lien which can attain priority over this Security InslI1lllleDl, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on whieh that notiee is given, Borrower sball satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate taX verifieation and/or reporting service used by Lender ill connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by lire, hazardS included within the term "extended eoverage," and any other bazards including, but not limited to, earthquakes and floods, for which Lender requires insnraoce. This insnrance shall be maintained in the amounts (including deduetible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. Tbe insurance earrier providing the insurance shall be ehosen by Borrower subject 10 Lender's right In disapprove Borrower's choiee, which right shall not be exercise\! unreasonably. Lender may require Borrower In pay, in connection with this Loan, either: (a) a one-time ebarge for flood zone determination, certification and tracking services; or (h) a one-time charge for flood zone determination and certification serviees and subsequenl charges each time relDappings or similar ehanges occur which reasonably might affect such determination or certllicauon. Borrower shall also he responsible for the payment of any fees imposed by the Federal Emergency Management Agency in conneetion with the review of any flood zone determination resulting from an objection hy Borrower. VMP~6rPA) IOOOSI Page: 6pf 16 In'''~ Form 3039 1/01 . . If Borrower fails to maintain any of the eoverages deseribed above, Lender may obtain insurance coverage, at Lender's option and Borrower's e.xpense. Lender is under no obligation to purchase any partieular type or amo1lll1 of coverage. Therefore, such coverage shall cover l.eJIder, but might or might not protect Borrower, Borrower's equity in the Property, or the contenJs of the Property, against any risk, bazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the eost of the insurance coverage so obtained might significantly exeeed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured hy this Security Instrument. These amounts sban bear interest at the Note rate from the date of disborsement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a staDdard mortgage clause, and shall name Lender as IIlorrgagee and/or as an adclitionalloss payee. Lender shall have the right to hold the policies and renewal certifieates. If Lender requires, Borrower shall promptly give 10 Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage; not otherwise required by Lender, for damage 10, or destruction of, the Property, such poliey shall inelude a standard mortgage clause and shal1 name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower sball give prompt mtice 10 the insurance carrier and Lender. Lender 1I18.y make proof of loss if lIOI made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proeeeds, whether or not the underlying insurance was required by Lender, shall }:Ie applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender sbaI1 have the right to bold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection sball be nndertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is eompleted. Unless an agreement is made in. writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall rot be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the reslOration or repair is pot economically feasible or Lender's security would be lessened, the insurance proceeds shaJI be applied 10 the sums secored by this Security Instrument, whether or not then dne, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notiee from Lender that the insurance carrier has offered 10 settle a claim, then Lender may negotiate and settle the claim. The 3D-day period win begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right 10 any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rigbts are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or nol then due. VMP.6IPA) rOOOS) P-ae7l)flEl ".~ Form 3039 1/01 . . 6. Occupancy. Borrower shall oceupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to oecupy the Property as BOl1ower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which eonsent sball not be unreasonably withheld, or unless extenuating eircumstances exist which are beyond Borrower's control. 7. Pnservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall m.inl.;n the Property in order to prevent the Property from deteriorating or dezreasmg in value due to ilS condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with dama8e to, or the takiDg of, the Properly, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes, Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or eOndenmation proceoos are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it lias reasonable cause, Lender may iJJspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be.i1I default if, during the Loan application process, Borrower or any persons or entities aeting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statelllents to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. ,. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perfoon the eovenants and agreements contained in this Security Instrument, (b) there is a legal proeeeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceediDll in bankruptcy, probate, for condemnation or forfeitnre, for enforcement of a lien whieh roay attain priority over this Security Instrumc:nt or to enforce laws or regulations), or (e) Borrower has abandoned the Property, then Lender may do and pay for wllatever is reasonable or appropriate to protect Leader's interest in the Property and rights under this Security Instrument, incloding proleeting andlor assessing the value of Ib.e Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien whieh bas priority over this Seeurity Instrument; (b) appeariug in court; and (c) payins reasonable attorneys' fees to protect its interest in the Property andlor rights under this Security Instrument, inclndiDll its secured position iu a bankruptcy ploceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change loeks, replace or board up doors and windows, drain water from pipes, elimimte building or other eode violations Or dangerous conditions, and bave utilities turned on or off Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. VMP-6IPAJ (OOOS) P'*Ile 801 16 ......~ Forro 3039 1/01 . . Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, witb such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of tbe lease. If Borrower acquires fee tide to tbe Property, tbe leasehold and the fee tide sba1I not merge unless Lender agrees to the merger in writing. 10. Mortgage lDsurance. If Lender required Mortgage Jnsur.uu;e as a eondition of mating the Loan, Borrower sba1I pay the premiums required to maiDlain tbe Mongage Insurance in effect. If, for any reason, the Mortgage Insurance covernge required by Lender ceases to be available from the IDOrtgage insurer that previously provided sueh insorance and Borrower was required to make separlltely designated payme.ots toward the premiums for Mortgage Insurance, Borrower shall pay the prellliums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost snbstantially equivalent to Ibe eost to Borrower of the Mortgage Insurance previously in effect, from an alternate IOOrtgage insurer selected by Lender. If substantiaJly equivalent Mortgage !nsuralIi:e coverage is not available, Borrower s\lJll1 continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payllleIlts as a non-refundable loss reserve in lieu of Mortgage Jnsunmce. Such loss reserve shall be non-refundable, notwithstanding the faet that the Loan is ultimately paid in full, and Lender sbal1 not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve paymentS if Mortgage Insurance coverage (in the amount and for the period lbat Lender requires) provided by m insurer selected by Lender again becornt:' availab1e, is obtained, and Lender requires separately designated payments toward tbe premiums for Mortgage Insurance. If Lender required Mortgage I.nsuran<:e as a condition of making the Lom and Borrowe>: was required to make separate1y designated pay1lll:nts toward the premiums for Mortgage Insurance, Borrower sba1I pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, unti1 Lender's requirement for Mortgage Insmance ends in accordance with any written agreement between Borrower and Lender providing (or such termination or until termination is required by Applicable Law. Nothing in this Seetion 10 affects Bonower's obligation to pay interest at the rate provided in the NOle. Mortgage Insurance reimburses Lender (or any entity that purchases 1he Note) for certain losses it may incur if Borrower does' not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify 1heir risk, or teduce losses. These agreements are on IerIJlS and conditions that are satisfactory to the lOOrtgage insurer and the other party (or parties) to these agreementS. These agreements may require the mortgage insure>: to make paymentS using any source of funds that the mortgage insurer may have available (which may inclnde funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of tbe Note, another insurer, any reinsurer, any other entity, or any affiliate of any o( the foregoing, may receive (directly or indirectly) amounts that derive from (or might be charaeteriud as) a portion of Borrower's payments for Mortgage Ins11Ill.OCe, in exchange for sharing or modifying Ibe mortgage insurer's risk, or reducing losses. If snch agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to tbe insurer, the arrangement is often termed "captive rei1lSllIlUlCC." F1lIlher: (aJ Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agr""ments will Il.ot ill.~ Ibe amonnt Borrower will owe for Mortgage Insurance, and they will Dot eotitle Borrower to any refund. VMP-B(PA) \00061 P.;;J8&Qf 16 ~1~/\1 Form 3039 1101 . . (b) Any such agreements win not affect the rights Borrower has . if any . with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights J1lllY include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to han the Mortgage Insurance terminated automatically, llIId/or to l'e(:dve a refund of any Mortgage lnsurance premiums tbat were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and sball be paid to Lender. If the Property is damaged, sueh Miscellaneous Proceeds sball be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's secwity is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportUDity to inspect such Property to = the work has been eompleted to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is eomp1eted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proeeeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds sball be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruetion, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whetbCr or not then due, with the excess, if any, paid to B<mower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Propeny immediately before the partial taking, destruetion, or loss in value is equa1 to or greater than the amount of the sums secured by this Seeurity Instrument ;mmNI;9tcly before the partial taking, destruction, or loss in value, 1l1lIess Borrower and Lender 01heTwise agyee in writing, the sums secured by this Security Instrument Sball be reduced by the amonnt of the Miscellaueow; Proeeeds multiplied by the following fraetion: (a) the total amount of the sums seemed immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Propeny immediately before the partial taking, destruction, or loss in value is less than the amount of the sums see\D"Cd immediately before the partial taking, destruetion, or loss in value, wiless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the BlIIDS secured by this Security Instrwnent whether or DOt the BlIIDS are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Patty (as defined in the next sentence) offers to make an award 10 settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notiee is given, Lender is authorized to collect and apply the Miseellaneous Proeeeds either to restoration or repair of the Property or to the sums secured by this Security InstrnIDenl, whether or not then due. "Opposing l'arty" means the third party that owes Borrower Miscellaneous Proeeeds or the party against whom Borrower bas a right of action in regard 10 Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's jndgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Seeurily Instrument. Borrower can cure sueb a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be VMP.6lPAl (aQOS\ P-:.I""IQot It> .,,4LCN Form 3039 1/01 . . dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other IIlJIterial impainnent of Lender's interest in the Property or rights under this Security Instnnnent. The proceeds of any award or claim for damages that are attributable III the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property sha1I be applied in the order provided for in Seetion 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender III Borrower or any Successor in Interest of. Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to eommence proceedings against any SucceSsor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortiution of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exen:ising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or pree1ude the exercise of any right or remedy. 13. JoiDt and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and severa!. However, any Borrower who co-signs tills Secmity lnstrument but does not execute the Note (a "co-signer"): (a) is CO-signing this Security Jns1:nunent only to mortgage, grant and eanvey the co-signer's interest in the Property under the teI1llS of this Security lnstrwnent; (Ii) is not personally obligated to pay the sums secured by this Security Instrument; and (e) agrees that Lender and any other Borrower ean agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note widiont the eo-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's ohligations under this Security 1nstr\lDlent in writing, and is approved by Lender, shall obtain all of Bonower's rights and beneli.ts UIlder this Security lns\roment. Borrower sball not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of tills Security Instnunent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower'S default, for the pmpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard 10 any odier fees, the absenl:e of express authority in this Security Instrument to charge a specific fee III Borrower shaII not be construed as a prohibition on the eharging of such fee. Lender may IIDt <:barge fees that are expressly prohibited by this Security InstrWllent or by Applicable Law, If the Loan is subject to a Jaw whieh sets maximum loan eharges, and that law is finally interpreted so that the interest or other loan eharges collected or to be collected in connection with the Loan exceed the permitted limits, dien: (a) any such loan eharge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (Ii) any sums already eollected from Borrower whieh exeeeded permitted limits will be refunded to Borrower. Lender may ehoose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment withont any prepayment charge (whether or Ullt a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund IIlJIde by direet payment to Borrower will constitute a waiver of any right of aetion Borrower might have arising out of such overcharge. 15. Notiees. All notiees given by Borrower or Lender in eonneetion with this Security Instrument must be in writing. Any notice to Borrower in conueetion with this Security Instrument shall be deemed to VMP-BlPAllOQQ81 p~~ 11 01 16 11'l1t1~ Form 303S 1/01 . . bave been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall eonstitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address, If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this SecuritY 1nstrumeI1t at anyone time. Ally notice to Lender shall be given by delivering it or by mailing it by first elass mail to Lender's address stated herein unless Lender has designated another address by notiee to Borrower. Ally notice in connection with this Security Instrument shall not be deenled to bave been given to Lender nntil actually received byl..ender. If any notice required by this Security mstrnmenl is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security 1nstIUmen1. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shaIJ be governed by federal law and the law of the jurisdiction ill which the Propeny is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow !be parties to agree by contract or it might be silent, but such silence shall not be constIUed as a prohibition agaiDst agreement by conttaet. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such eontliet sball not affect other provisions of this Security Instrnmenl or the Note whieh can be given effect without tile eonflicting provision. As lISed in this Security Instrument: (a) words of the masculine gender shaIJ mean and include conesponmng neuter words or words of the feminine gender; (b) words in the singular sball mean and include the plural and viee versa; and (e) the word "may" gives sole discretion without any obligation 10 take any action. 17. Borrower's Copy. Borrower shaIJ be given one eopy of the Note and of this Security Jnstmment. 18. Transfer of the Property or a Beneficial mterest in Borrower. As used in this Section 18, "Interest in the Properly" means any legal or beneficial interest in the Properly, including, but not limited to, those beneficial interests transferred in a bond for deed, conttaet for deed, installmeot sales coDtraet or escrowagn:ement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or my part of the Property or my Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or lranSferred) without Lender's prior written conseut, Lender may require immediate payment in full of all sums seemed by this Security Instrument. However, this option sba11 DOt be exercised by Lender if sucll exercise is prohibited by Applieable Law. If Lender exercises this option, Lender shall give Borrower notiee of aeceleration. The notice shaIJ provide a period of IIOtless than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedi.e-a pemlitted by this Security InstrunlCUl without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain couditions, Borrower sball have the rigllt to llave enforcement of this Security Instrument discontinued at any time prior to !be earliest of: (a) five days before sale of the Properly pursuant 10 any power of sale contained in this Security luStnnrJent; (b) such other period as Applicable Law might specify for the tennination of Borrower's right to reinstate: Or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Leuder all sums which then would be due under this Security Instmment and the Note as if no acceleration had oecnrred; (b) cures any default of any other coverumts or VMP-6lPA} 100081 P8;le ':2af 16 h,,4{1\5' Form 303S 1/01 . . agreements; (e) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and othex fees incurred for the purpose of proteeting Lender's interest in the Property and rights under Ibis Security Insl1ument; and (eI) takes such action as Lender may reasonably require to assure that Lender's iDlerest in the Property and rights under this Security InstrWlJent, and Borrower's obligation to pay the sums secured by this Security lns1J:tm\ellt, sbJlll continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank eheck, treasurer's eheck or cashier's check, provided any such check is drawn upon an institntion whose deposits are insured by a federal agency, instrumentJllity or entity; or (eI) Electronie Fnnds Transfer. Upon reinstatement by BoITOwex, this Security InstrWlJent and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievanee. The Note or a partial interest in the Note (together with Ibis Seeurily Instrument) ean be sold one or more timcl; without prior notice to Borrower. A sale might result in a ehllIlge in the entity (known as the "Loan Servicer") that collects Periodie PaymentS due under the Note and this Security Instmment and performs other IDIlrtgage loon servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more chllIlges of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borruwer will be given written notice of the change which will state the name and address of the new Loan Servieer, the address to which payments should be made and any other information RESP A requires in connection with a notice of transfer of servieing. If the Note is sold and thereafter the Loan is serviced by a Loan Servieer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to . successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial aetion (as either an individual litigant or the member of a elass) that arises from the other party's actions pursuant to this Security instrnment or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Securily Insll1lnlent, nntiI such Borrower or Lender bas notified the other party (with such notice given in complian<;e with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such nonce to lake correcnve acnon. 1f Applicable Law provides a tinte period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragl1\ph. The notice of acceleranon and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given 10 Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take correetive action provisiollS of this Section 20. 21. Hazardous Substances. M used in this Section 21, (a) "Hazardous Substances' are those substanceS defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the~ following substances: gasoline, kerosene, o\ber flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials comaining asbestos or fonnaldehyde, and radioaetive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction when: the Property is located that relate to health, safety or environmental protection; (c) "EnvironmentaJ Cleanup' includes any response aetiou, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. VMP-6{PAJ (00081 p.;" 1301 16 ...~ID? form 3039 1101 . . llorrower shall not cause or permit the presence. use. disposal, storage. or release of any Hazardous Substances, or threaten to release any Hazardous Substances. on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affeeting the Property (a) !bat is in violation of any Enviromnental Law. (b) which creates an Environmental Condition, or (e) which. due to the presence. use, or release of a Hazardous Substance, creates a condition ilia! adversely affeets the value of the Property. The preceding two sentences shall not apply to the prOSOIlCC. use. or storage on the Property of small quantities of Hauudous Substances !bat are generally recognized to be appropriate to IlOIlIJal residential uses and to maintenance of the Property (including. but not limited to. hazardous substaru:es in consumer produets). Borrower shall promptly give Lender written notice of (a) any investigation. claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substam:e or Environmental Law of which Borrower has actual knowledge. (b) any Environmental Condition, including but not limited to. any spilling. leaking. discharge. release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hauudous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govermnental or regulatory authority, or any private party, !bat any removal or other remediation of any Hazardous SubSl1mee affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein sha1l create any obligation on Lender for an Environmental Oeanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to BOJTower prior to aeceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to a=leration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cnre the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in aeceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Pro}lOrty. Lender shall further inform Il<>rrower of th" right tl> ninstate after acceleration and the rigbt to assert in the foreclosure proceeding the non-ex1stellce of a default or any other defense of Borrower to acee1eration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender sball be entitled to collect all eJ<pelISes incurred in pnrsuing the remedies provided in this Section 22, inclnding, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all SUIIIS secured by this Security lnstrument. this Security IDstrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security lnstrurnen1. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and !be clJarging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent pennitted by Applicable Law. waives and releases any error or defects in proceedings to enforce this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay of execution. extension of time. exemption from attac:hIDent. levy and sale. and homestead exemption. 25. Reinstatement r..riod. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the eommencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. PurclJase Money Mortgage. If any of the debt seeUJed by this Security Instrument is lent to Borrower to acquire title to the Property. this Security Instrument sball be a purehase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an aetion of mortgage foreclosure sha1l be the rate payable from time to time under the Note. VMp.6IPA) rooos} Pa;!'" \4 o! \6 ,,,,~h' Form 3039 1/01 . . BY SlGNING BELOW, Borrower accepts and agrees to the terms and covenants eontained in this Security Instnunent and in any Rider executed hy Borrower and recorded with it. Witnesses: 0~ I I .Witness ~Wjlness ~~ TODD A. PER," (Seal) -Borrower (Seal) -'BoITOWtr ISeaI) -Borrower ISeal) .Borrower VMP.6{PAJ 1000Bl ~ ~ , P-Au.. - e RIE PERRY ~ (Seal) -Borrower (Seal) -Bonower (Seal) -Borrower (Seal) -Borrower P"QtI l&of 16 form 3039 1 fO~ . . Certificate of Residence , '/ I, (fod-y C G>-t p:D , do hereby cenify that Ibe eorrect address of the WIthin-named Mortgagee is 401 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462 Witness my hand this 96 tI day of A prll .;l.0:J3 Agent of Mongagee COMMONWEALTH OF PENNSYLVANIA, ~(iJ.J1J.- County ss: On this, the Jif!h day of ~,J undersigned officer, personally appeared TODD A, PERRY AND CARRIE PERRY 0700 '3 . before me, the known to me (or satisfaetorily proven) to be the person(s) whose name(s) isfare subscribed to Ibe within instrument anti acknowledged that helshelthey executed the same for the pll1poses herein contained. IN WITNESS WHEREOF, 1 hereunto set my hand anti offieial seal. My Commission Expires: NolarIaJ Seal ShIrley Ann FoISYlh8, NaIBry Public HampQen 1Wp., Cumbertend' 00UR\y My CommIssIOo EliIllres Apr. 14, 2005 MemlJer, Ponnsylvanla_otNoIaII9s h/(lv, ~ Title of~~et0 VMP-6(PA) (0008) P"Ve 160t16 ,",~(N Form 3039 1/01 . . File No. LSTl79-906 EXIllBIT A ALL THOSE CERTAIN tract ofland, situate in Township of Hampden, Cumberland County, Pennsylvania * known as Lot No.5 on Snbdivision Plan of Greenwood Estates recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 76, Page 128, more particu1arlybounded and described as follows: BEGlNNING at a point being the Southwest comer of Lot No.4 on the aforesaid Plan; thence South 47 degrees, 55 minutes, 45 seconds East along the said Lot No.4 a distance of 171.76 feet to a point in the cul-de-sac of Greenwood Circle proposed; thence along the curve of the cul-de-sac a length of 1 04.99 feet with a radius of 60 feet to !l- proposed concrete monument on the cul-de-sac of Greenwood Circle proposed; thence South 31 degrees, 49 minutes, 00 seconds West along formerly of Howell P. Carper and Lynn p, Carper, north 85 degrees, 33 minutes, 49 seconds West a distance of 112.45 to a point; thence along lands now or formerly of parnay Development Company, Inc. North II degrees, 34 minutes, 54 seconds East a distance 370.69 feet to a point, the place of BEGINNING. CONTAlNING therein 46,588.29 square feet, more or less or 1.0695 acres more or less. BEING PARCEL Number 10-14-0&40-0100. BEING THE SAME premises which KBG Associates, lLC, a P A Limited Liability Company, by deed dated 9/11/200 I and recorded 9/13/2001 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Book 248 Page 1852, granted and conveyed unto Todd A. Perry and Carrie Perry, husband and wife as tenants by the entirety. SEE "PREPAYMENr RIDER TO !lOTE' ATTAC~ETO AIlO MADE APIl.RT HEREOf. . . ADJUSTABLE RATE NOTE (UBOR Index - Rate Caps) z.q ?; % I 2- LOAN NO.: A3031306 THIS NOTE CONTAINS PROVISIONS AllOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. APRIL 25, 2003 (Datel LANDISVILLE [Cityj PENNSYLVIl.NIA (State] 5006 GREENWOOD CIRCLE, ENOLA. PA 17025 (Property Addressl 1. BORROWER'S PROMISE TO PAY Inrerorn for a loan that I have received, I promise to pay U.S. $ 400,000.00 / (this arnountis called "Principal "), plus interest, to ~order of the Lender. The Lender is Wilmington Finance, Inc. /' I will make all payments under this Note in the form of cash, eheck or money order. I understJlIld that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to reeeive payments under this Note is called the "Note Holder." 2. lNfEREST Interest will be charged on unpai ..- ipal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.990 . The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required y this Section 2 and Seetion 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS ~)Tbneand~~ofPa~nts I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on JUNE. 2003 ,.-- I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each mouthly payment will be applied as of its scheduled due date and will be applied to interest before Prineipal. If, on MAY 01, 2033 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is ealled the "Maturity ~ I will make my monthly payments at WilmIngton Finance. Inc. 401 Plymouth Road. Suite 400. Plymouth Me.ling, PA 19462 or at a different place if required by the Note Holder. (8) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 2,658.52 _ . This amount may ehange. (C) Monthly Payment Changes Changes in my monthly payment will reflect ehanges in the unpaid principal of my loao and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance wilh Section 4 of this Note. MUL11STATE ADJUSTABLE RATE NOTE. L1S0R INOEX. Single FamUy. Freddie Mac UNIFORM INSTRUMENT VMp.S15N {00<l5j,O, 10;,,4 Cfil Farm 3590 1/0' Pagel Qf4 LENDER SUPPORT SYSTeMS INC. a 15NXX.NEW (1210 11 . . 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A.) Change Dales The interest rate I will pay may ehange on the first day of MAY. 2005 month thereafter. Each date on which my interest rate could change is called a "Olange Date." , and on that day every sixth (II) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the NOll: Holdt! will choose a new index thai is based upon comparable infonnation. The Note Holder will give me notiee of this eboice. (C) Calculation of Changes Before each Change Dale, the Note Holder will calculate my new inte~e'by adding FIVE AND 99011000THS percentage points ( 5.990 %) 10 the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one pereentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new inlerest Tate 1Jllli1 Ibe next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal thaI 1 am e"peeled to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes c-- The interest rate I am required to pay at the firS! (bange Date will nOI be greater than 9,990 % or less than 6.990 ~ %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (I %) from the rate of interest I have been paying for the preceding six months. My inlereSt rate will never be greater than 12.99~%. or I... than 6.990 'lb. r- (El Effective Date of Changes My new interest rate will beeome effective on each (bange Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the (bange Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any ebanges in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the ootice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is Imown as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing thaI I am doing so. I may not designate a paymem as a Prepayment if I bave not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will nse my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid imerest on the Prepayment amount befote applying my Prepayment to reduce lbe Principal amount of the Note. If I make a panial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My pamal Prepayment may reduce the amount of my monthly payments after the first (bange Date following my panial Prepayment. However, any reduetion due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, whieh applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest OJ olber loan charges eollected or to be collected in connection with this loan exceed the pennitted limits. then: (a) any such loan eharge shall be reduced by the amount neeessary to reduce the cbarge to the pennitted limit; and (b) any sums already collected from me which exeeeded pennined limils will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduetion will be treated as a partial Prepayment. ..,:iJft~ VMf'-815N \0006\.01 Pagill2ot4 Form 35901/01 . . 7. BORROWER'S FAILURE TO PAY AS REQUIRED {!\) Late ChargtS for O-;erdue Pa,ments If the Note Holder bas not reeeived the full amount of any monthly payment by the end of 15 calendar days after !he date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late ebarge promptly but only onee on each late payment. (B) Default If I do not pay the full amount of eaeh monthly payment on the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay !he overdue amount by a eertain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all !he interest that I owe on that amount. That date must be at least 30 days after the date on which the notiee is mailed to me or delivered by o!her means. (D) No Waiver By Note Holder Even if, at a time I am in default. the Note Holder does not require me to pay illlmediately in full as described above, the Note Holder will still have !he right. to do so if I am in default at a later time. {E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notiee of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail 10 the Note Holder at the address stared in Section 3(A) above or at a different address if I am given a notice of that different address. ,. OBLIGATIONS OF PERSONS UNDER THIS NOTE 1f more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or eudorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforee its rights under this Note against each person individually or against all of us together. This means that anyone ofus may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other \>Crson who has obligations unde< this Note waive the rights of Presentment and Notice of Dishonor. "Presenunent" means the right to require the Note Holder to demand payment of amounts due. 'Notiee of Dishonor' means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. n. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdietions. In addition to the protections giveu to lhe Note Holder under this Note, a Mortgage. Deed of Trust, or Security Deed (the "Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that J make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions are described as follows: VMP-815N 100051.01 Page3014 ,,,ti..0lf U1t' Form 3590 1/01 . . Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Ioterest in the Property is sold or transferred (or if Borrower is not a naturnl person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written eonsent, Lender may require immediate payment in full of all sums secured by this Secwity Instrument. However, this option shall not be exercised by Lender if such exercise is* prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower eauses to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably detennines that Lender's security will not be impaired by the loan assumption and tI1at the risk of a breach of any covenant or agreement in this Security Instrument is aeeeptable to Lender. To the extent pennitted by Applicable Law, Lender may charge a reasonable fee as a eondition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee 10 keep all the promises and agreemell1S made in the Note and in this Security InstrUt1lent. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a perind of not less tI1an 30 days from the date the notice is given in aecordance with Section 15 within wbieb Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND($) AND SEAL(S) OF THE UNDERSIGNED. c - ---1. ".::::z? TODD A. PERRY ~~~ (Seal) -Borrower (Seal) ~Borrower (Seal) -:BolTOwer (Seal) -Borrower (Seal) -BC!rrower (Seal) -Borrower (Seal) -Borrower {Sign Original Only} VMP-815N (00051.01 PIIQ04ot4 Form 3590 1/01 (.J -bQ. ;;v 1'- Ul 11=- t\:. ~ -- Lv <A. ~ ~ C> ~ V( -:cJ ~ rv r J- 1",:' 8 ,-, 1 '~-, ::-J l/) '-- --_.~-"~~^.,,, " STEPHEN M. HLADIK, ESQUIRE ATTORNEY J.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, clo WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a Default Judgment against Defendant(s), Todd A. Perry, Carrie Perry, and in favor of Plaintiff, LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, clo Wilshire Credit Corporation, for failure to answer Plaintiff's Complaint within the time prescribed by Pa. R.C.P. 1026 and assess Plaintiff's damages as follows: Principal of Mortgage debt due and unpaid $391,939.58 Interest currently due and owing at 9.375% per annum calculated from April 01, 2005, currently at $ 100.67 each day Property Inspections $34,127.13 $ 20.50 Broker's Price Opinion $ 100.00 Certified Mail Costs Late Charges at $132.93 and for each month hereafter $ 3.45 $1,595.16 $ 195.00 $ 155.50 $1,250.00 Title Search Court Costs (filing and service) Attorneys' Fees Suspense ($256.51 ) $5,243.49 Escrow Advance TOTAL ~4~,373.3..Q Total damages to be assessed at Four Hundred Thirty Thousand, Three Hundred Seventy-Three Dollars and -'''irty Cents ($434,373.30), together with interest at the aggregate daily rate of One Hundred Dollars and Sixty-Seven Cents ($100.67) from April 5, 2006, until the date of entry of final judgment, plus interest thereafter on the judgment, at the rate stated in the subject note, plus any costs, expenses, attorneys' fees and all other amounts due and payable under the Note and Mortgage, up through the sale of the mortgaged premises. Respectfully submitted, KERNS, PEARLSTINE, ONORATO & FATH, LLP Date: ~s\L BY: Stephen M. Hla .k uire Attorney for Plaintiff (File #16-793) AND NOW, ~JtL\ l lc, , 2006, Judgment is entered in favor of Plaintiff and against Defendant, Todd A. Perry, Carrie Perry, by Default, for want of an Answer, ar-d damages assessed at the sum of Four Hundred Thirty Thousand, Three Hundred Seventy-Three Dollars and Thirty Cents ($434,373.30), as per the above certification. Prothonotary STEPHEN M, HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Judgment ;fefault and 236 Notice on the following individuals by first class mail on '\ ~ : Todd A. Perry 5008 Greenwood Circle, Enola, PA 17025 Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, By: Stephe" &d;k, E",o',e STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 215 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, March 23, 2006 to the following Defendants: Todd A. Perry, 5008 Greenwood Circle, Enola, PA 17025 and Carrie Perry, 5008 Greenwood Circle, Enola, PA 17025 Stephen M. Hladik, Esquire Attorney for Plaintiff By: STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main StreE!t, P.O. Box 29, Lansdale, PA 19446-0029 (215) 855-9521 LaSalle Bank National Association as Trustee for Structun~d Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 v. Todd A Perry Carrie Perry 5008 Greenwood CiI"cle, Enola, PA 17025, DEFENDANT(S). I NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P.. 237.1 IMPORTANT NOTICE TO: Todd A PI~rry DATE OF NOTICE: March 23, 2006 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, thiS office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY BAR ASSOCIATION 2 liBERTY AVENUE CARLISLE, PA 17013 717-249-3166 OR 800-9:90-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tom ado la accion requirida de su parte en este caso, AI no tomar I:l accion debida dentro de un termino de diez (10) dias de la fecha de esta notifJcacion, el tribuna podra, sin necesidad de compararecer usted in corte 0 escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derHchos importantes. Debe lIevar esta notificacion a un abogado immediatamente, Si usted no tiene abogado 0 si no tiene dinero sufici<3nte para tal servicio, vaya en persona 0 lIame por telefono a la oficina cuya direcdon se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: CUMBERLAND COUNTY BAF': ASSOCIATION 2 LiBERTY AVENUE CARLISLE, PA 1"/013 717-249-3166 OR 800...990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBl. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: By: Stephen M. Hladik, E quir Attorney for Plaintiff Todd A. Perry, 5008 Greenwood Circle, Enola, PA 17025 an Carrie Perry, 5008 Greenwood Circle, Enola, PA 17025 STEPHEN M. HLADIK, ESQUIRE ATTORNEY LD. NO 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main StreE!t, P.O. Box 29, Lansdale, PA 19446-0029 (215) 855-9521 LaSalle Bank National Association as Trustee for Structur<:ld Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 v. T odd A. Perry Carrie Perry 5008 Greenwood Cil'cle, Enola, PA 17025, DEFENDANT(S). ~IOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P.. 237.1 IMPORTANT NOTICE TO: Carrie Peny DATE OF NOTICE: March 23, 2006 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lall'JYer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. CUMBERLAND COUNTY BAR ASSOCIATION 2 liBERTY AVENUE CARLISLE, PA 17013 717-249-3166 OR 800-990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. AI no lomar la acc:ion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte 0 escuchar preuba alguna, diclar sentencia en su contra. Usted pUElde perder bienes y olros demchos importantes. Debe lIevar esla notificacion a un abogado immediatamente. Si usted no tiene abogado 0 si no tiene dinero suficiente para tal servicio. vaya E,n persona 0 lIame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitenc:ia legal: CUMBERLAND COUNTY BAR ASSOCIATION 2 UBERTY AVENUE CARLISLE, PA 1'7013 717-249<\166 OR 800.990-9108 PURSUANT TO THE FAIR DEBT COLLECTilON PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEME,:D TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THiAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Todd A. Perry, 5008 Greenwood C,ircle, Enola, PA 17025 and Carrie Perry, 5008 Greenwood Circle, Enola, P,I\ 17025 By: _ Step~,en M. Hladik, Esquire Attorney for Plaintiff '. STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215) 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S) STATE OF: PENNSYLVANIA COUNTY OF: MONTGOMERY AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Defendant: Age: Residence: Todd A. Perry Over 18 5008 Greenwood Circle, Enola, PA 17025 Defendant: Carrie Perry Age: Over 18 Residence: 5008 Greenwood Circle, Enola, PA 17025 By: ~~ NAME:~~\ M. \H,oJA TITLE: AY\YNCLL) \'V' \i\",/.v.v! -=/J..-- Sworn to and subscribed before me this S y of (") r n 0 ""4- ( .'l' C 7V .......",. --, r::. -0 -i. II \ .(', ~ 1t- .-. ~, C> , c., f; - ~ 0 ~ - ~ rY - c\ .~.- -- , .L:::: )V .. j . 0 r- C) - t; 1'.,j- .-- ru ~ .... ~ t-- '--'-- STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215 855-9521 LaSalle Bank National Association as COURT OF COMMON PLEAS OF Trustee for Structured Asset Investment CUMBERLAND COUNTY, PA Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, NO: 06-1093 v, Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). RULE 236 NOTICE To: Todd A. Perry 5008 Greenwood Circle, Enola, PA 17025 Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, PURSUANT TO RULE 236, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT HAS BEEN ENTERED AGAINST YOU ON THIS DATE IN THIS ACTION. By: ~ t..{-U"'6(, STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215 855-9521 LaSalle Bank National Association as COURT OF COMMON PLEAS OF Trustee for Structured Asset Investment CUMBERLAND COUNTY, PA Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter, and direct the Sheriff to levy on the real property located at 5008 Greenwood Circle, Enola, Cumberland County, Pennsylvania 17025. TOTAL $434,373.30 $ 17,070.21 $451,443.51* Amount due Interest from4/6/06 "together with interest at the aggregate daily rate of $111.57, plus costs, expenses, attorneys' fees, and all other amounts due and payable under the Note and Mortgage and for foreclosure and sale of the mortgage premises. Respectfully submitted, KERNS, PEARLST NORATO & FATH, LLP By: --. ~ ~ '" ~ ~~ :J i: -1 -{:, ::JjC>- 0-> \' \:) ~ \,0 , % (,,-. ..........~ ___ 'L 4:J ~ -s <?' ~\ - ~ ~ ~ . .~ ~ Qy (:) r--> ~ c".> F = <f' .... ;," ~ ::r:......... ?is [1'1-r.: -n;::r 1'.) .J\ Cf' ,.-', (:) ",' -0 () ;>~J -- ,::')\~ r;? ~-'.~ \ >"-~ ,.;.) ~D 0 :-<:. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N006-1093 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK N A AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST SERIES 2003-BC 9 Plaintiff (s) From TODD A. AND CARRIE PERRY, 5008 GREENWOOD CIRCLE, ENOLA P A 17025. (I) You are direeted to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 5008 GREENWOOD CIRCLE, ENOLA PA 17025 (SEE LEGAL DESCRIPTION) . (2) You are also direeted 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 attaehment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the aeeount 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 subjeet to attaelunent is found in the possession of anyone other than a named garnishee, you are direeted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $434,373.30 L.L. $.50 Interest FROM 4/6/06 - $17,070.21 @ THE AGGREGATE DAILY RATE OF $111.57 Arty's Conun % Due Prothy $1.00 Arty Paid $139.20 Plaintiff Paid Date: APRIL 26, 2006 Other Costs ~~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name STEPHEN M. HLADIK, ESQ, Address: 425 W. MAIN ST., POBOX 29 LANSDALE PA 19446-0029 Attorney for: PLAINTIFF Telephone: (215) 855-9521 Supreme Court ill No. 66287 t STEPHEN M. HLADIK, ESQUIRE A TIORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 215 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, clo WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). AFFIDAVIT PURSUANT TO RULE 3129.1 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, clo WILSHIRE CREDIT CORPORATION, Plaintiff in the above-captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning the real property situate at 5008 Greenwood Circle, Enola, Cumberland County, Pennsylvania 17025, the same being more particularly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Carrie Perry Address: 5008 Greenwood Circle Enola, PA 17025 5008 Greenwood Circle Enola, PA 17025 Name: Todd A. Perry 2. Name and address of Defendant(s) in judgment Name: Todd A. Perry Address: 5008 Greenwood Circle Enola, PA 17025 ( Carrie Perry 5008 Greenwood Circle Enola, PA 17025 3. Name and last known addl'ess of every judgment creditor whose judgment is of record on the real property to be sold: Name: LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003- BC9 c/o WILSHIRE CREDIT CORPORATION, Address: 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005- 4. Name and address of the last recorded holder of every mortgage of record: Name: LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003- BC9 c/o WILSHIRE CREDIT CORPORATION, Address: 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005- 5. Name and address of every other person who has any record lien on the property: Name: Address: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name: Address: None. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Address: , . Date: T enanUOccupant 5008 Greenwood Circle Enola, PA 17025 Domestic Relations 13 N. Hanover Street POBox 320 Carlisle, PA 17013 Domestic Relations Human Services Bldg. 25 S. Front Street 8th Floor Harrisburg, PA 17101 Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I hereby verify that the statements made in this Affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifications to authorities. Respectfully submitted, KERNS, PEARLSTINE, ONORATO & FATH, LLP 4\ It ~J~ By: Stephen M. Hla i , Attorney for Pial r"'.' r:~ :;:1 c::; iC,J'"' . "'" ,-:::) -n ::;:! ph :!J ~.;;'2~ :;0 f".) 0' ~; t,"'; -n ;~ --, _'.oi., ;:C) ~:.'~:Tl .- ''0 -< r.....) (JO o . .. STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 215 855-9521 LaSalle Bank National Association as COURT OF COMMON PLEAS OF Trustee for Structured Asset Investment CUMBERLAND COUNTY, PA Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Todd A. Perry 5008 Greenwood Circle, Enola, PA 17025 Real estate situate at 5008 Greenwood Circle, Enola, Cumberland County, PA 17025, as more fully set forth on Exhibit "A" attached hereto, is scheduled to be sold at Sheriffs Sale on Wednesday, September 6, 2006, at 10:00a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013, to enforce the Court Judgment of Four Hundred Thirty-Four Thousand Three Hundred Seventy-Three Dollars Thirty Cents ($434,373.30), (plus any additional interest and costs) obtained by LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, against you. . NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sale you must take immediate action. The Sale will be stopped if you pay LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, (c/o Wilshire Credit Corp.), back payments, late charges, costs, and reasonable attorneys' fees due. To find out how much you must pay, you may call: Stephen M. Hladik, Esquire 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 Telephone number 215-855-9521 1. 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. 2. You may 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 below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND 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 the Sheriff of Cumberland County at (717) 240-6100. 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 paid the Sheriff the full amount due in the Sale. To find out if this happened, you may call the Sheriff of Cumberland County at (717) 240-6100. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due . . is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. 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 on or before October 6, 2006. This schedule will state who will be receiving the 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 filing the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717.249-3166 OR 800-990-9108 Respectfully submitted, KERNS, PEARLSTINE, ONORATO & FATH, LLP Date:___ By: Stephe Attorne ladik, Esquire laintiff . . . . File No. LST179-906 EXHIBIT A Al..L THOSE CERTAIN tract ofland, situate in Township of Hampden, Cumberland County, Pennsylvania * known as Lot No.5 on Subdivision Plan of Greenwood Estates recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 76, Page 128, more particularly bounded and described as follows: BEGlNNlNG at lipoint being the Southwest comer of Lot No.4 on the aforesaid Plan; thence South 47 degrees, 55 minutes, 45 seconds East along the said Lot No.4 a distance of 171.76 feet to a point in the cul-de-sac of Greenwood Circle proposed; thence along the curve of the cul-de-sac a length of 104.99 feet with a radius of 60 feet to !l- proposed concrete monument on the cul-de-sac of Greenwood Circle proposed; thence SDUth 31 degrees, 49 minutes, 00 seconds West along formerly of Howell P. ClIlper and Lynn P. Carper, north 85 degrees, 33 minutes, 49 seconds West a distance of 112.45 to a point; thence along lands now or fonnerly of Pamay Development Company, Inc. North 11 degrees, 34 minutes, 54 seconds East a distance 370.69 feet to a point, the place ofBEGINNlNG. CONTAlNlNG therein 46,588.29 square feet, more or less or 1.0695 acres more or less. BEING PARCEL NUlIlber 10-14-0840-0100. BEING THE SAME premises which KEG Associates, u..c, a P A Limited Liability Company, by deed dated 9/1112001 and recorded 9/13/2001 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Book 248 Page 1852, granted and conveyed unto Todd A. Perry and Carrie Perry, h1lSband and wife as tenants by the entirety. o (; ,..., C,~Cl :~:; ~~. "'" -;J :;;':' ro.,) 0' o -n ~ -;.- ...,.., r'"'-- ",- ....,-,'>>,. ~}.'~ ;~) '::= ~:~. :2rS (:':)rn .:~ 15 C< -0 ~- - r;;1 (..) co J "'" STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 215 855-9521 LaSalle Bank National Association as COURT OF COMMON PLEAS OF Trustee for Structured Asset Investment CUMBERLAND COUNTY, PA Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Carrie Perry 5008 Greenwood Circle, Enola, PA 17025 Real estate situate at 5008 Greenwood Circle, Enola, Cumberland County, PA 17025, as more fully set forth on Exhibit uN attached hereto, is scheduled to be sold at Sheriffs Sale on Wednesday, September 6, 2006, at 10:00a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013, to enforce the Court Judgment of Four Hundred Thirty-Four Thousand Three Hundred Seventy-Three Dollars Thirty Cents ($434,373.30), (plus any additional interest and costs) obtained by LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, against you. t ' NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sale you must take immediate action. The Sale will be stopped if you pay LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, (c/o Wilshire Credit Corp.), back payments, late charges, costs, and reasonable attorneys' fees due. To find out how much you must pay, you may call: Stephen M. Hladik, Esquire 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 Telephone number 215-855-9521 1. 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. 2. You may 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 below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND 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 the Sheriff of Cumberland County at (717) 240-6100. 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 paid the Sheriff the full amount due in the Sale. To find out if this happened, you may call the Sheriff of Cumberland County at (717) 240-6100. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. . . .. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. 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 on or before October 6,2006. This schedule will state who will be receiving the 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 filing the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 OR 800-990-9108 Respectfully submitted, Date: ~ \ I' \ {)l, KERNS, PEARLSTINE, ONORATO & FATH, LLP By ~ Steph . Hladik, Esquire Attorney for Plaintiff o <;;;. ij." r" c::> (;;:-:;) <.:;;.-- <'0 :;0 rV '" .".-~ -"1J <;f, ---I -:C-n ril;;=:; ',1 ~r;\_.. ~~} '~~. ~ ~'~' ~--\'-\ .;C',<', :~:?\\-n 3 :.< -~^' -'" r:--? L.) Cl STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215) 855-9521 LaSalle Bank National Association as COURT OF COMMON PLEAS OF Trustee for Structured Asset Investment CUMBERLAND COUNTY, PA Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENOANT(S). AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANTS Stephen M. Hladik, Esquire, attorney for the Plaintiff in the above- captioned action, hereby certify that the last known address of each of the Oefendant(s) is as follows: Name: Todd A. Perry Address: 5008 Greenwood Circle Enola, PA 17025 Carrie Perry 5008 Greenwood Circle Enola, PA 17025 RESPECTFULLY SUBMITTED, KERNS, PEARLSTINE, ONORATO & FATH, LLP '\ Date: il.l~ 0 "" 0 C',:) c- .;:~~ -n 0..... ;':; """ or '-'~") -1. -n ;::',) It r:;::; f'.) {--- G' '"1' (:1 , "\.:' ,') ,or, ,....:.'" (::=") '" grr~ c 1;;' z- - =< (..) ':0 c:: '-< STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 215 855-9521 LaSalle Bank National Association as COURT OF COMMON PLEAS OF Trustee for Structured Asset Investment CUMBERLAND COUNTY, PA Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). ACT 91 CERTIFICATION STEPHEN M. HLADIK, ESQUIRE, herby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because () 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.A. ~ 4904 relating to unsworn falsification to authorities. Date: 4\ \t \v~ BY: ~. StePh~~HJadik, Esquire Attorney for Plaintiff 1'_'" <:~:;, = 0" :>-.... -,:;' :;:';:i o 'T1 --1 ., fTj:2") C -,-,IT' -,ie' N 0' --:~,C) -0 ::r;: , ,-':5m ;:,...--:1 ;:i:i -< N c..) o . L.' \0. SHERIFF'S RETURN - REGULAR CASE NO: 2006-01093 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS PERRY TODD A ET AL 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 PERRY TODD A the DEFENDANT , at 1515:00 HOURS, on the 1st day of March , 2006 at 5008 GREENWOOD CIRCLE ENOLA, PA 17025 by handing to CARRIE PERRY, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13 .20 .00 10.00 .00 41.20 ~~.<<:~ R. Thomas Kline me this .;11A...\- day of 03/02/2006 KERNS PEARLSTINE ONORATO FATH B~ ~-;t fI. RJ. Deputy S erlff Sworn and Subscribed to before ~~AD ~~ wV , .' . SHERIFF'S RETURN - REGULAR CASE NO: 2006-01093 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS PERRY TODD A ET AL 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 PERRY CARRIE the DEFENDANT , at 1515:00 HOURS, on the 1st day of March , 2006 at 5008 GREENWOOD CIRCLE ENOLA, PA 17025 by handing to CARRIE PERRY 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: 6.00 .00 .00 10.00 .00 16.00 ~~~~<1~ R. Thomas Kline 03/02/2006 KERNS PEARLSTINE ONORATO FATH me this ;U~ day of Sworn and Subscribed to before By: . STEPHEN M. HLADIK, ESQUIRE ATTOIRNEY FOR PLAINTIFF ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 215 855-9521 LaSalle Bank National Association as COURT OF COMMON PLEAS OF Trustee for Structured Asset Investment CUMBERLAND COUNTY, PA Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). AFFIDAVIT OF SERVICE UPON ALL INTERESTED PARTIES PURSUANT TO Pa. R.C.P. 3129.2(c)(1}(iiil I, STEPHEN M. HLADIK, ESQUIRE, att rne for Plaintiff in the above- referenced matter, hereby state that on , consistent with the provisions of Pennsylvania Rule of Civil Procedur 129.2(c)(1)(iii), I caused written notice of the scheduled Sheriffs sale in the above-referenced matter to be served by first class mail, postage prepaid, with Certificate of Mailing, on all persons named in Plaintiffs Affidavit Pursuant to Rule 3129.1, at their respective addresses set forth in that Affidavit. A true and correct opy of Plaintiffs Affidavit Pursuant to Rule 3129.1 is attached to this Affidavit as xhibit "A", and is made a part of it. A true and correct copy of U.S. Postlil Service Form 3877 - Certificates of Mailing for each notice mailed is attaChed to this Affidavit as Exhibit "B", and is made a part of it. I hereby verify that the statements made in this Affidavit are true and correct, to the best of my knowledge, information and belief, and that the statements are made pursuant to 18 Pa. C.S.A. ~ 4904, relating to unsworn falsifications to authorities. STEPHEN M , ESQUIRE \~ - . A TTOIRNEY FOR PLAINTIFF STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215) 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, cJo WILSHIRE CREDIT CORPORATiON, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 AFFIDAVIT PURSUANT TO RULE 31129.1 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, Plaintiff in the above-captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning. the real property situate at 5008 Greenwood Circle, Enola, Cumberland County, Pennsylvania 17025, the same being more partiCUlarly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Name: Todd A. Perry Carrie Perry Address: 5008 Gree1. wood Circle Enola, PA 7025 5008 Gree wood Circle Enola, PA 7025 ! 2. Name and address of Defendant(s) in judg Name: Todd A. Perry Address: 5008 Gree wood Circle Enola, PA 7025 . Carrie Perry 5008 Gre~nwood Circle Enola, PA! 17025 3. Name and last known addl'ess of every judgment creditor whose judgment is of recofd on the real property to be sold: Name: LaSalle Bank National Association as Trustee for Structured Asset Investment loan Trust Series 2003- BC9 c/o WILSHIRE CREDIT CORPORATION, Address: 14523 SWMillikan Way, Suite 200, Beaverton, OR 97005- 4. Name and address of the last recorded holder of every mortgage of record: Name: LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003- BC9 c/o WILSHIRE CREDIT CORPORATION, Address: 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005- 5. Name and address of every other person who has any record lien on the property: Name: None. Address: 6. Name and address of every other person who has any record interest in the property and whose interest rinay be affected by the sale: Name: None. Address: 7. Name and address of every other person 0 whom the Plaintiff has knowledge who has any interest in the prop rty which may be affected by the sale: Name: Address: ., , Date: Tenant/Occupant 5008 Greenwood Circle Enola, PA 17025 Domestic Relations 13 N. Hanover Street POBox 320 Carlisle, PA 17013 Domestic Relations Human Services Bldg. 25 S. Front Street 8th Floor Harrisburg, PA '17101 Commonwealth of PA Department of Welfare P.O. Box 21675 Harrisburg, PA 17105 I hereby verify that the statements made, in this Affidavit are true and correct to the best (If my knowledge or imformation and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifications to authorities. Respectfully submitted, KERNS, PEARLSTINE, ONORATO & FATH, LLP 4\ll\~ By: Stephen M. Hla i " Attorney for Pia - . . FlIe No. LST179-906 EXHIBIT A ALl TIIOSE CERTAIN tract ofland, situate in Township of Hampden, eukberland County, Pennsylvania * kno' in as Lot No.5 on Snbdivisiw Phm of G1"">Llwood Estates recorded in 1:he Office of the Recorder of Deeds of C .unberland County in Plan Book 76, Page n8, more particularly bounded and descrIbed as follows: BEe INNING at a point being the Southwest COIner of Lot No.4 on the aforesaid Plan; thence South 47 degrees, 5S II inutes, 45 seconds East: along the said Lot No.4 a distance of171. 76 feet to a point in the cul-de-sac of Grec: llWood Circle proposed; thence along the curve of the oul-de-sac B length of 104.99 feet with a radius of 60 feet' D ?- proposed conmte monument on the cul-de-sac of Greenwood Circl~ proposed; thence South 31 degre es, 49 minutes, 00 seconds West along fonnerly of Howell P. Carper aM Lynn P. Carper, north 85 degrt es, 33 minutes, 49 seconds West a distance of 112.45 to a point; thence along lands now or fonnerly of PamI y Development Company, Inc. North 11 degrees, 34 ininutes, 54 seco* East a distance 370.69 feet to a point the place of BEGINNING. CON rAINING therein 46,588.29 square feel, me,reor less or 1.0695 acres more or less. BEIN J PARCEL Number 10-14-0840-0100. BEIN :; THE SAME premises which KBG Assoc:iates, lLC, a P A Limited Li!Wility Company, by deed dated 9/11(. 001 and recorded 9/13/2001 in the Recorder ofDeeds Office in and fori Cumberland County, P= rlvania in Book 248 Page 1852, granted and conveyed unto Todd A. Pdrry and Carrie Perry, husband and wife a ; tenants by the entirety. " Cdi !Xl (f) '" .li6f . 0 0.- 3 ~~i . ",3 '" !!l i, CO ... 0.0 .... 0- " " fl . 0- 2 ~ -< '" 0 RJ " Jl 0 - 0 - ~ ~I ~ 3 ~ ~ ~ ~ ~! '\~\ 0' n " 0 . 3 ~ ." l:: ! ~ ~I ~ ~ i 0, ~ ~ ~~ ;;- F 0 " OJ ~ , Q ~ , . , " :>. ;j ~ ~ '" i 3 CD ::l - o ::l f iil CD :-'1 1 f('(" ~I ~, , I I~~ 7C(3 .... w' . . I !" '"'I ~~cn Vt;t ~"C \ ~; i ~a:: I'I~~ igg lCl\ft~ I 1~~~f~'~C1;;JPI r~~ t~!Tl'L] ~ ~iAl!~ I;' Y's ~ l.fl?\ ~ ~'~~ il~~8&' ~ I(-~ lJJ.,V1;j1' 't-e.' r v ~ [m ~ "i 9- l' ~~ lf~~t~~ ~f~ i i~ ~ ~~~ ~f~!t ~ I - i~' g ~ \+ ~\_~. 'i;-/ ~ ~t ~'~~ I ' ~. ~ ~'~~ k \W ~. II ~ r ~ i I1J , rr .~ ~ ~ ~~l~ Vj I r: Q.,1~C:3..8 , , " ..a. I 'I < ~ ."":!. 1 ~~. E. ~ 9 ~'S ~ & "_ 0 ~ Q -< I 8'~ 5" ~... 'iD 9- 3 ~ ~ c. 0" v;' =- o . ~ I /-+-8688;p, I Q.'f:a. I,,~I I,~' '0') ui~~~, ~.. '-;t~....<:'" 0' 0. ...., Q m ,C/ ~ '***~.=.: * * - u.s. POSTAGE 1M 1941 PB35 9700$01.400 JUL 12 3 3 2 3 MAILED FROM ZIP CODE 4519 2006 19446 ,--- -t- . --t I . -r----I u+_ .-1 i f-- , ~ o . ;;1 'Ii ..10'08 ~ :l~> ~ 0"0 "" -.31 "'" 'ii~ e.... S;~)( ltI :03 (I> Ill!il i en . 1....0, Q,&iDo.S" ~* ~.~9..a 3 2 ~ :;'Ql:3 III "C :1:\"6'0.. =.::_lll :I: ;~ - = ~ a 19, !P " ---~(Q ~> ;:00.; 'II C \ If~: ,&l'5' <"I . . _0 ffi[ " ~. 0", o~ '''~I j" _. ~ 0' ~'" ,i 0, LI Im~. --+~'" ~Cl 1"';tI1 ~ "'I z ~ ~ ~ , c. 1:': c. ~ ~ ~ 9- (f) . , c. ~ .. ~- '-r ---t . 1--- I I . I I ' t--t---+ I · L' \ -~li;~;;4~nfir";;. tion- -----1----...,--..... 1__ r-' ..-ri~nat1u~::;1?~:::f:;- 1___ +-- - . __L_____l -- . 'Re~tricteJ Deliva ----.1 '---'j--- '-----.. ..----".--- I , Returnl Receipt :S~S1Jn JlI~~~H hili@~ h h~i u~ Sii ~.I~Hi 1~~lrt il- hJf ) j@"01 iit!!i~ IHli~j ~rif:! hhimf iliiil! . !th'M!Jl~ ]PHn~ rlulil ~h8g__~ ~>? , CI ~:;.i:~ - ,'J ...- ( , c r.", ._ \. -'.'ll..-~ ~ ,""::-r{ -,,,,, : C) (...) iTl C.:) N 'l; '" l ~ N 2- . E ~ u. ,.: ... CIO ... E o u. (/J "- STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215) 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). SECOND AFFIDAVIT OF SERVICE UPON ALL INTERESTED PARTIES PURSUANT TO Pa. R.C.P. 3129.2(c)(1)(iii) I, STEPHEN M. HLADIK, ESQUIRE, f:o~y for Plaintiff in the above- referenced matter, hereby state that on '1 (0 , consistent with the provisions of Pennsylvania Rule of Civil Procedure 3129.2(c)(1)(iii), I caused written notice of the scheduled Sheriffs sale in the above-referenced matter to be served by first class mail, postage prepaid, with Certificate of Mailing, on all additional persons named in Plaintiffs Amended Affidavit Pursuant to Rule 3129.1, at their respective addresses set forth in that Affidavit. A true and correct copy of Plaintiffs Amended Affidavit Pursuant to Rule 3129.1 is attached to this Affidavit as Exhibit "A", and is made a part of it. A true and correct copy of U.S. Postal Service Form 3877 - Certificate of Mailing for each additional notice mailed is attached to this Affidavit as Exhibit "B", and is made a part of it. I hereby verify that the statements made in this Affidavit are true and correct, to the best of my knowledge, information and belief, and that the statements are made pursuant to 18 Pa. C.SA 4904, relating to unsworn falsifications to authorities. STEPHEN M. IK ESQUIRE STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215) 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). MtI~.e~~ AFFIDAVIT PURSUANT TO RULE 3129.1 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, Plaintiff in the above-captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning the real property situate at 5008 Greenwood Circle, Enola, Cumberland County, Pennsylvania 17025, the same being more particularly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Name: Todd A. Perry Carrie Pen)' Address: 5008 Greenwood Circle Enola, PA 17025 Ei008 Greenwood Circle Enola, PA 17025 2. Name and address of Defendant(s) in judgment: Name: f\ddress: Todd A. Perry Carrie Perry 5008 Greenwood Circle Enola, PA 17025 5,008 Greenwood Circle Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is of record on tl".e real property to be sold: Name: LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003- BC9 c/o WILSHIRE CREDIT CORPORATION, Hampden Township Address: 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005- 230 S. Sporting Hill Road Mechanicsburg, PA 17050 4. Name and address of the last recorded holder of every mortgage of record: Name: LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003- BC9 cia WILSHIRE CREDIT CORPORATION, Address: 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005- 5. Name and address of every othel" person who has any record lien on the property: Name: Address: None. 6. Name and address of every other person who has any record interest in the property and whosfJ interest may be affected by the sale: Name: Address: None. 7. Name and address of every othe,r person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: T enantlOccupant Address: 5008 Greenwood Circle Enola, PA 17025 Domestic Relations 13 N. Hanover Street po 0 Box 320 . Carlisle, PA 17013 Domestic Relations Human Services Bldg. 25 S. Front Street 8th Floor Harrisburg, PA 17101 Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I hereby verify that the statemel1ts made in this Affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifications to authorities. Respe,ctfully submitted, KERNS, PEARLSTINE, ONORATO & FATH.ILCFI Date: ~cflp By: Ste . Hladik, Esquire Attorney for Plaintiff . . File No. LST17~.: 106 EXHIBIT A ALL THOSE CERTAIN tract (>flmd, situate in Township of Hampden, Cumberland County, Pennsylvania . * known as Lot No.5 on Subdivision Plan of Greenwood Estl\1:es rel)orded in the Office of the Recorder of Dee t s of Cumberland County in Plan Book 76, Page 128, moreparticularlybo\lllded and described as follows: :BEGINNING at a point being the Southwest comer of Lot No.4 on the afo~d Plan; thence South 47 de,gre: s, 55 minutes, 45 seconds East along the said Lot No.4 a distance of 171.76 feel to a point in the cul-de-sac of Gret:rlwood Circle proposed.; thffllce along the curve of the cul.de-~llc a length of 104.99 feet with a radius of, i) feet to \l. proposed concr* mon\lment on 1:he cul-de-sac of Greenwood Circle proposed; thence South 31 degrees, 49 minutes, 00 seconds West along formerly of Howell P. Carper and Lynn P. Carper, north 85 degrees, 33 minutes, 49 secon.ds West a distance of 112.45 to a point; thence along lands now or fOIIllerly of Parnay Development Company, Inc. North 11 degrees, 3/;. mutes, 54 seconds Bast a distance 370.69 feet to s point, the place of BEGINNING. CONTAlNING therein 46,5&8.29 sqUllTe feet, more or less or 1.06:95 acres more or less. BEING PARCEL Number 10-14..0840-0l00. BEING THE SAME premises which KBG Associates, U:C, a P A Limited Liability Company, by deed dated 9/1112001 and recorded 9/13/2001 in the Recorder ofDeed.s Office in and for Cumberland County, P~Ylvaoi.a in Book 248 Page 1852, granted and conveyed unto T.:ldd. A. Perry and Carrie Peny, hllSband and Wife as tenants by tbe entirety. U.S. POSTAl. SERVICE .........IGAR ~ IIM.IIlG Received From: MAY BE USED FOR DOMESTIC AND INTERNATIONJi. MAIL, PROVIDE FOR INSURANCE-POSTMASTER OM.~U;;;~ :l~~ S' 'S "I-\il\ ~ Med"c.vic.c\.'^'j( 0- 17o.)r PS Foml :1117. _ 2001 "" 'O ~ ,.. ,.. -.~p. :4- ""oIlNV1 ...... .... 0 ~ ,.. ,.. i III !'1 ...0 !" ~O 'l:l :D' ~ ~~ .. NVl ~ 'Ii 0 " 8 t.. l;1 c:: r'"tJ '" N.... VI VI ~ .... 'ON"" ""0 VI ""O~ """"'O / '-' (,) -- ..--c', -- _. c. < ~ \ ' , ' ;. STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 215 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 LaSalle Bank National Association as Trustee for Structured Asset Investment loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, Plaintiff in the above-captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning the real property situate at 5008 Greenwood Circle, Enola, Cumberland County, Pennsylvania 17025, the same being more particularly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Name: Todd A. Perry Carrie Perry Address: 5008 Greenwood Circle Enola, PA 17025 5008 Greenwood Circle Enola, PA 17025 2. Name and address of Defendant(s) in judgment: Name: Address: Todd A. Perry Carrie Perry 5008 Greenwood Circle Enola, PA 17025 5008 Greenwood Circle Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is of record on the real property to be sold: Name: LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003- BC9 c/o WILSHIRE CREDIT CORPORATION, Hampden Township Address: 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005- 230 S. Sporting Hill Road Mechanicsburg, PA 17050 4. Name and address of the last recorded holder of every mortgage of record: Name: LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003- BC9 c/o WILSHIRE CREDIT CORPORATION, Address: 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005- 5. Name and address of every other person who has any record lien on the property: Name: Address: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name: Address: None. 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Tenant/Occupant Address: 5008 Greenwood Circle Enola, PA 17025 Domestic Relations 13 N. Hanover Street POBox 320 Carlisle, PA 17013 Domestic Relations Human Services Bldg. 25 S. Front Street 8th Floor Harrisburg, PA 17101 Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I hereby verify that the statements made in this Affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifications to authorities. Respectfully submitted, KERNS, PEARLSTINE, ONORATO & FATH, Date:~ By: Step . Hladik, Esquire Attorney for Plaintiff . . File No. LST179-: 106 EXHIBIT A Al..L THOSE CERTAIN tract ofland, situate in Township ofHamlpden, Cumberland County, PemlSylvanis . *' knt>wn as Lot No.5 on Subdivision Plan of Greenwood Estates recorded in. the Office of the Recorder ofDeec s of Cumberland County in Plan Book 76, Page 128, more particularly bounded and descn'bed as follows: BEGINNING at a point being the Southw"st comor of Lot No.4 on tho aforesaid Plan; thence South 47 degIel s, 55 minutes, 45 seconds East along the said Lot No.4 II distance of 171.76 feet to II point in the cul-de-sac of Greenwood Circle proposed; thence along the curve of the cul-de-sac II length of 104.99 feet with a radius of 6 ) feet to !l- prt>posed conCTei.e monument on the cul-de-sac of Greenwood Circle proposed; thence South 31 degrees, 49 minutes, 00 seconds West along formerly of Howell P. CllIper and Lynn P. Carper, north 85 degrees, 33 minutes, 49 seconds Weat a distance of 112.45 to a point; thence along lands now or fOIIlleDY of Parnay Development Company, Jnc. North 11 degrees, 3" :ninutes, 54 seconds East II distance 370.69 feet to a point, the place ofBEGINNlNG. CONTAlNING therein 46,588.29 square feet, more or less or 1.0695 acres more or less. BEING PARCEL Number 10-14..0&40-0100. BElNG THE SAME premises which KBG Associates, u.c, a P A Limited Liability Company, by deed dated 9/11/2001 and recorded 9/13/2001 in the Recorder of Deeds Office :iD and for Cumberland County, Pennsylvania in Book 248 Page 1852, granted and conveyed unro T,:x\d A. Perry and Carrie Perry, husband and wife as tenants by the entirety. \ , , \. \ \ \ \ '1 \ ! n r.'. .-l --.4"" c,: - ..,-. c~: '.- . 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 Structured Asset Inv Ln Tr Series 2003-BC9. Tr is the grantee the same having been sold to said grantee on the 12 day of 06 A.D., 2006, under and by virtue of a writ Execution issued on the 04 day of 26, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1093, at the suit of Structured Asset Inv Ln Tr Series 2003-BC9. Tr against Todd A & Carrie Perry is duly recorded in Deed Book No. 278, Page 1273. IN TESTIMONY WHEREOF, I have hereunto set my hand ~ seal of said office this day of ,A.D. r2~7 of DeedI, Cumberflnd Ccu1ty, r.IIlI. PA My Commluion Explrellhe FIrst Monday of..... 2010 . LaSalle Bank National Association as Trustee VS Todd A Perry and Carrie Perry In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1093 Civil Term Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on June 6, 2006 at 8:54 o'clock PM, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Todd A Perry and Carrie Perry, by making known unto Todd A Perry, personally and husband of Carrie Perry, at 5008 Greenwood Circle, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on June 28, 2006 at 1:53 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Todd A. Perry and Carrie Perry located at 5008 Greenwood Circle, Enola, Cumberland County, Pennsylvania 17025 according -to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Todd A Perry and Carrie Perry, by regular mail to their last known address of 5008 Greenwood Circle, Enola, Cumberland County, Pennsylvania 17025. These letters were mailed under the date of June 26, 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 AM. He sold the same for the sum of $1.00 to Attorney Stephen Hladik on behalf of LaSalle Bank National Association, as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9 c/o Wilshire Credit Corporation. It being the highest bid and best price received for the same, LaSalle Bank National Association, as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9 c/o Wilshire Credit Corporation of 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of$933.21. Sheriffs Costs: Docketing 30.00Poundage 18.30 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 . Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed Postpone Sale S~. ~l}./swers: J!.... ,~~. ...",. . '" . ,., /',~'.",~ _.' ~ ':..".-- - ~......~~ ~""").'~~ -'Z"> ,-' ~ - ,- ",,""-' R. Thomas Kline, Sheriff ByJ6~S'~ Real Estate rgeant 26.40 15.00 30.00 371.00 267.20 19.31 25.00 39.50 20.00 01 $933.21 ~.~~'o~l} It- 0 eed aY '2() r:P :>'" 0 1.5 / "* 61o~q~ c~ le1q~ 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 LASALLE BANK N A AS TRUSTEE FOR STRUCTURED ASSET INVESTMENT LOAN TRUST SERIES 2003-BC 9 Plaintiff (s) From TODD A. AND CARRIE PERRY, 5008 GREENWOOD CIRCLE, ENOLA P A 17025. (1) You are directed to levy upon the property ofthe defendant (s)and to sell REAL ESTATE N006-1093 Civil CIVIL ACTION - LAW LOCATED AT 5008 GREENWOOD CIRCLE, ENOLA PA 17025 (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 paymg 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $434,373.30 1.1. $.50 Interest FROM 4/6/06 - $17,070.21 @ THE AGGREGATE DAILY RATE OF $111.57 Atty's Comm % Due Prothy $1.00 Atty Paid $139.20 Other Costs Plaintiff Paid Date: APRIL 26, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name STEPHEN M. HLADIK, ESQ. Address: 425 W. MAIN ST., POBOX 29 LANSDALE PA 19446-0029 Attorney for: PLAINTIFF Telephone: (215) 855-9521 Supreme Court ID No. 66287 ~ ~ ~ . Real Estate Sale # 42 On May 30, 2006 the Sheriff levied upon the defendant's interest<m. the real property situated in Hampden Township, Cumberland County, P A Known and numbered as 5008 Greenwood Circle, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 30, 2006 By: lZ :b 'V S- AVH qOOl \"t ,...,; :. ,; I . " .' . \.l.: ;""...... ! ,,~- '...: I tJ (J .:i.:l1~3HS 31-11 ~o 3JIJ.:iO - ~ . 1 STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215 855-9521 LaSalle Bank National Association as COURT OF COMMON PLEAS OF Trustee for Structured Asset Investment CUMBERLAND COUNTY, PA Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter, and direct the Sheriff to levy on the real property located at 5008 Greenwood Circle, Enola, Cumberland County, Pennsylvania 17025. Amount due Interest from4/6/06 TOTAL $434,373.30 $ 17,070.21 $451,443.51* *together with interest at the aggregate daily rate of $111.57, plus costs, expenses, attorneys' fees, and all other amounts due and payable under the Note and Mortgage and for foreclosure and sale of the mortgage premises. Respectfully submitted, KERNS, PEARLST NORATO & FATH, LLP .1/ Stephen By: . ..1 STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215 855-9521 LaSalle Bank National Association as COURT OF COMMON PLEAS OF Trustee for Structured Asset Investment CUMBERLAND COUNTY, PA Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005., PLAINTIFF, NO: 06-1093 v. T odd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter, you are directed to levy upon and sell the following-described property: 5008 Greenwood Circle, Enola, PA 17025 (SEE LEGAL DESCRIPTION ATTACHED AS Exhibit "A"l, AMOUNT DUE $434.373.30 INTEREST From4/6/06 $ 17.070.21 Date: (costs to be added) $ )J~v1rothonotary By: .../ .~ .. STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 215 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). AFFIDAVIT PURSUANT TO RULE 3129.1 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, Plaintiff in the above-captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning the real property situate at 5008 Greenwood Circle, Enola, Cumberland County, Pennsylvania 17025, the same being more particularly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Name: Todd A. Perry Carrie Perry Address: 5008 Greenwood Circle Enola, PA 17025 5008 Greenwood Circle Enola, PA 17025 2. Name and address of Defendant(s) in judgment: Name: Todd A. Perry Address: 5008 Greenwood Circle Enola, PA 17025 .. . Carrie Perry 5008 Greenwood Circle Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is of record on the real property to be sold: Name: LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003- BC9 c/o WILSHIRE CREDIT CORPORATION, Address: 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005- 4. Name and address of the last recorded holder of every mortgage of record: Name: LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003- BC9 c/o WILSHIRE CREDIT CORPORATION, 5. Address: 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005- Name and address of every other person who has any record lien on the property: Name: None. 6. Address: 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: None. 7. Address: Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Address: . .. Date: T enantlOccupant 5008 Greenwood Circle Enola, PA 17025 Domestic Relations 13 N. Hanover Street POBox 320 Carlisle, PA 17013 Domestic Relations Human Services Bldg. 25 S. Front Street 8th Floor Harrisburg, PA 17101 Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I hereby verify that the statements made in this Affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsifications to authorities. Respectfully submitted, KERNS, PEARLSTINE, ONORATO & FATH, LLP 4\\l\~_ By: Stephen M. Hla i I quire Attorney for Pia " - e File No. LST179-9D6 EXHIBIT A ALL THOSE CERTAIN tract of land, situate in Towosbip of Hampden, Cumberland County, PennsylvllIlia * known as Lot No. 5 on Subdivision Plan of GTeenwooO Estates recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 76, Page 128, more particularly bounded and descn'bed as follows: BEG~G at a point being the Southwest comer of Lot No.4 on the aforesaid Plan; thence South 47 degrees, 55 minutes, 4S seconds East along the said Lot No.4 a distance of 171.76 feet to a point in the cul-de-sac of Greenwood Circle proposed; thence along the curve of the cuI-de-sac a length of 104.99 feet with a radius of 60 feet to ~ proposed concrete monument on the cul-de-sac of Greenwood Circle proposed; thence South 31 degrees, 49 minutes, 00 seconds west along formerly of Howell P. Carper and Lynn P. Carper, north 85 degrees, 33 minutes, 49 seconds West a distance of 112.45 to a point; thence along lands now or formerly of Parnay Development Company, Inc. North 11 degrees, 34 minutes, 54 seconds East a distance 370.69 feet to a point, the place of BEGINNING. CONTAINING therein 46,588.29 square feet, more or less or 1.0695 acres more or less. BEING PARCEL Number 10-14-0840-0100. BEING THE SAME premises which KBG Associates, lLC, a P A Limited Liability Company, by deed dated 9/1112001 and recorded 9/13/2001 in the Recorder of Deeds Office in and for Cumberland County, PCDDSylvania in Book 248 Page 1852, granted and conveyed unto Todd A. Perry and Carrie Perry, husband and wife as tenants by the entirety. STEPHEN M. HLADIK, ESQUIRE A TIORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 215 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Carrie Perry 5008 Greenwood Circle, Enola, PA 17025 Real estate situate at 5008 Greenwood Circle, Enola, Cumberland County, PA 17025, as more fully set forth on Exhibit "A" attached hereto, is scheduled to be sold at Sheriff's Sale on Wednesday, September 6, 2006, at 10:00a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013, to enforce the Court Judgment of Four Hundred Thirty-Four Thousand Three Hundred Seventy-Three Dollars Thirty Cents ($434,373.30), (plus any additional interest and costs) obtained by LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sale you must take immediate action. The Sale will be stopped if you pay LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, (c/o Wilshire Credit Corp.), back payments, late charges, costs, and reasonable attorneys' fees due. To find out how much you must pay, you may call: Stephen M. Hladik, Esquire 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 Telephone number 215-855-9521 1. 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. 2. You may 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 below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND 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 the Sheriff of Cumberland County at (717) 240-6100. 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 paid the Sheriff the full amount due in the Sale. To find out if this happened, you may call the Sheriff of Cumberland County at (717) 240-6100. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. 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 on or before October 6, 2006. This schedule will state who will be receiving the 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 filing the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 OR 800-990-9108 Respectfully submitted, KERNS, PEARLSTINE, ONORATO & FATH,LLP Date: -4\H\0LP \0 I By: Steph . Hladik, Esquire Attorney for Plaintiff ~ e File No. LST179-906 EXHIBIT A ALL lliOSE CERT All'I tract of land, situate in Township of Hampden, Cumberland County, Pennsylvania * known as Lot No. 5 on Subdivision Plan of GreenwooO Estates recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 76, Page 128, more pamcularlybounded and described as follows: BEGlliND'JG at a point being the Southwest comer of Lot No.4 on the aforesaid PhJn; thence South 47 degrees, 55 mIDutes, 45 seconds East along the said Lot No.4 a distance of 171.76 feet to a point in the cul-de-sac of Greenwood Circle proposed; thence along the curve of the cul-de-sac a length of 104.99 feet with a radius of 60 feet to ?- proposed concrete monument on the cul-de-sac of Greenwood Circle proposed; thence South 31 degrees, 49 minutes, 00 seconds West along formerly of Howell P. Carper and Lynn P. Carper, north 85 degrees, 33 minutes, 49 seconds West a distance of 112.45 to a point; thence along lands now or fonnerly of Parnay Development Company, Inc. North 11 degrees, 34 minutes, 54 seconds East a distance 370.69 feet to a point, the place of BEGINNING. CONTAINING therein 46,588.29 square feet, more or less or 1.0695 acres more or less. BEING PARCEL Number 10-14-0840-0100. BEING THE SAME premises which KBG Associates, LLC, a P A Limited Liability Company, by deed dated 9/1112001 and recorded 9/13/2001 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Book 248 Page 1852, granted and conveyed unto Todd A. Perry and Carrie Peuy, husband and wife as tenants by the entirety. STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 215 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Todd A. Perry 5008 Greenwood Circle, Enola, PA 17025 Real estate situate at 5008 Greenwood Circle, Enola, Cumberland County, PA 17025, as more fully set forth on Exhibit "A" attached hereto, is scheduled to be sold at Sheriff's Sale on Wednesday, September 6, 2006, at 10:00a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013, to enforce the Court Judgment of Four Hundred Thirty-Four Thousand Three Hundred Seventy-Three Dollars Thirty Cents ($434,373.30), (plus any additional interest and costs) obtained by LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sale you must take immediate action. The Sale will be stopped if you pay LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, (c/o Wilshire Credit Corp.), back payments, late charges, costs, and reasonable attorneys' fees due. To find out how much you must pay, you may call: Stephen M. Hladik, Esquire 425 West Main Street P.O. Box 29 Lansdale, PA 19446-0029 Telephone number 215-855-9521 1. 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. 2. You may 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 below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND 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 the Sheriff of Cumberland County at (717) 240-6100. 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 paid the Sheriff the full amount due in the Sale. To find out if this happened, you may call the Sheriff of Cumberland County at (717) 240-6100. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. 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 on or before October 6,2006. This schedule will state who will be receiving the 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 filing the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717 -249-3166 OR 800-990-9108 Respectfully submitted, KERNS, PEARLSTINE, ONORATO & FATH,LLP Date: 4-f II de I . Jadik, Esquire Plaintiff 4t e File No. LSTl79-906 EXHIBIT A AlL TIIOSE CERTAIN tract oflllDd, situate in Township ofHampdeo, Cumberland County, Pennsylvania * known as Lot No.5 on Subdivision Plan of Greenwood Estates recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 76, Page 128, more particularly bounded and described as follows: BEGINNING at a point being the Southwest comer of Lot No.4 on the aforesaid PlaIl;tbence South 47 degrees, 55 minutes, 45 seconds East along the said Lot No.4 a distance of 171.76 feet to a point in the cul-de-sac of Greenwood Circle proposed; thence along the curve of the cuI-de-sac a length of 104.99 feet with a radius of 60 feet to ~ proposed concrete monument on the cul-de-sac of GreenwoDd Circle proposed; thence South 31 degrees, 49 minutes, 00 seconds West along formerly of Howell P. Carper and Lynn P. Caxper, north 85 degrees, 33 minutes, 49 seconds West a distance of 112.45 to a point; thence along lands now or fonnerly of Parnay Development Company, Inc. North 11 degrees, 34 minutes, 54 seconds East a distance 370.69 feet to a point, the place of BEGINNING. CONTAINING therein 46,588.29 square feet, more or less or 1.0695 acres more or less. BElNG PARCEL Number 10-14-0840-0100. BEING THE SAME premises which KBG Associates, LLC, a P A Limited Liability Company, by deed dated 9/11/2001 8Ild recorded 9/1312001 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Book 248 Page 1852, granted and conveyed unto Todd A. Perry and Carrie Perry, husband and wife as ten8Ilts by the entirety. STEPHEN M. HLADIK, ESQUIRE ATTORNEY FOR PLAINTIFF ATTORNEY I.D. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 (215) 855-9521 LaSalle Bank National Association as COURT OF COMMON PLEAS OF Trustee for Structured Asset Investment CUMBERLAND COUNTY, PA Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, NO: 06-1093 v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). AFFIDAVIT OF LAST KNOWN ADDRESS OF DEFENDANTS Stephen M. Hladik, Esquire, attorney for the Plaintiff in the above- captioned action, hereby certify that the last known address of each of the Defendant(s) is as follows: Name: Todd A. Perry Address: 5008 Greenwood Circle Enola, PA 17025 Carrie Perry 5008 Greenwood Circle Enola, PA 17025 RESPECTFULLY SUBMITTED, KERNS, PEARLSTINE, ONORATO & FATH, LLP ."" Date: ~~\~~ f I ; BY: I Stephen M. 1\1.1 i Attorney for Pfainti STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 KERNS, PEARLSTINE, ONORATO & FATH, LLP 425 West Main Street, P.O. Box 29, Lansdale, PA 19446-0029 215 855-9521 LaSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9, c/o WILSHIRE CREDIT CORPORATION, 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005-, PLAINTIFF, v. Todd A. Perry Carrie Perry 5008 Greenwood Circle, Enola, PA 17025, DEFENDANT(S). A TIORNEY FOR PLAINTIFF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 06-1093 ACT 91 CERTIFICATION STEPHEN M. HLADIK, ESQUIRE, herby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because () 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.A. ~ 4904 relating to unsworn falsification to authorities. BY, StePh~ Hladik, Esquire Attorney for Plaintiff Date: ~\\ ! I, \' \"\11 .... . l ~ ... I . : ~ ,\ '.!; .~ ... .' - e File No. LST179-906 EXHIBIT A AlL THOSE CERTAIN tract ofland, situa1e in Township of Hampden, Cumberland County, Pennsylvania * known as Lot No.5 on Subdivision Plan of Greenwood Estates recorded in the Office ofllie Recorder of Deeds of Cumberland County in Plan Book 76, Page 128, more particularly bounded and described as follows: BEG1N)\,,1JNG at a point being the Southwest comer of Lot No.4 on the aforesaid Plan; thence South 47 degrees, S5 minutes, 4S seconds East along the said Lot No.4 a distance of171.76 feet to a point in the cul-de-sac of Greenwood Circle proposed; thence along the curve of the cul-de-sac a length of l04.99 feet with a radius of 60 feet to ~ proposed concrete monument on the cul-de-sac of Greenwood Circle proposed; thence South 31 degrees, 49 minutes, 00 seconds West along formerly of Howell P. Carper and Lynn P. Carper, north 85 degrees, 33 minutes, 49 seconds West a distance of 112.45 to a point; thence along lands now or formerly of Pamay Development Company, Inc. North 11 degrees, 34 minutes, 54 seconds East a distance 370.69 feet to a point, the place ofBEGINN1NG. CONTAINING therein 46,588.29 square feet, more or less or 1.0695 acres more or less. BEING PARCEL Number 10-14-0840-0100. BEING THE SAME premises which KEG Associates, LLC, a P A Limited Liability Company, by deed dated 9/11/2001 and recorded 9/13/2001 in the Recorder of Deeds Office in and for Cumberland County, PCDDSylvania in Book 248 Page 1852, granted and conveyed unto Todd A. Perry and Carrie Peny, husband and wife as tenants by the entirety. .,. ... . 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 ofthe 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 19th and 26th day(s) of July and the 2nd day(s) of August 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 #42 . CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ;j...:' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA 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: July 21, July 28, and August 4,2006 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. ~ TO AND SUBSCRIBED before me this day of August. 2006 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 RU.L B8TATB MLB JIfO. 42 Writ No. 2006-1093 Civil laSalle Bank National Association as Trustee for Structured Asset Investment Loan Trust Series 2003-BC9 vs. Todd A. Peny and Carrie PerI)' Atty.: Stephen Hladik EXHIBIT A ALL THOSE CERTAIN tract of land, situate in Township of Hampden, Cumberland County, Pennsylvania known as Lot No. 5 on Subdivision Plan of Greenwood Estates recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 76, Page 128, more particularly bounded and de- scribed as follows: BEGINNING at a point being the Southwest comer of Lot No. 4 on the aforesaid Plan; thence South 47 degrees 55 minutes. 45 seconds East along the said Lot No. 4 a dis- tance of 171. 76 feet to a point in the cul-de-sac of Greenwood Circle proposed; thence along the curve of the cul-de-sac a length of 104.99 feet with a radius of 60 feet to a proposed concrete monument on the cuI-de-sac of Greenwood Circle pro- posed; thence South 31 degrees, 49 minutes, 00 seconds West along formerly of Howell P. Carper and Lynn P. Carper, north 85 degrees, 33 minutes, 49 seconds West a dis- tance of 112.45 to a point; thence along lands now or formerly of Pamay Development Company, Inc. North 11 degrees, 34 minutes. 54 seconds East a distance 370.69 feet to a point, the place of BEGINNING. CONTAINING therein 46,588.29 square feet, m~ or leu or 1.0895 acres more or less. BEING PARCEL Number 10-14- 0840-0100. BEING THE SAME premises which KBG Associates. LLC, a PA Limited Liability Company, by deed dated 9/11/2001 and recorded 9/ 13/2001 in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania in Book 248 Page 1852, granted and conveyed unto Todd A. Perry and Carrie PerI)', husband and wife as tenants by the entirety.