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Home My WebLink About06-1378 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. 7l 05 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM L,- NO.OL, -.13'1:1' C;uLL IE/Z...~ CUMBERLAND COUNTY v. RONALD LEE ARMOLD WANDA KAY ARMOLD 556 ROXBURY ROAD NEWVILLE,PA 17241 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 130230 File #: 130230 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPlT AL, INe. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known addressees) of the Defendant(s) are: RONALD LEE ARMOLD W ANDA KAY ARMOLD 556 ROXBURY ROAD NEWVILLE, P A 17241 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 07/26/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1916, Page: 2395. PLAINTIFF is now the legal owner of the mortgage and is in the process offonnalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 130230 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2005 through 03/09/2006 (Per Diem $30.72) Attorney's Fees Cumulative Late Charges 07/26/2005 to 03/09/2006 Cost of Suit and Title Search Subtotal $124,625.09 5,836.80 1,250.00 198.44 $ 550.00 $ 132,460.33 Escrow Credit Deficit Subtotal 0.00 100.60 L 100.60 TOTAL $ 132,560.93 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice ofInlention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assislance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Nolice of Default as required by the mortgage document, as applicable, have been senl to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 132,560.93, together with interest from 03/09/2006 at the rate of $30.72 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. L1NAN & SCHMIE)L;y1 U0=) #&/~;;( By: IslFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 130230 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at railroad spike in the centerline of State Route No. 0997 at the Southwest corner of Lot No. 3A on hereinafter mentioned plan of lots; thence through said centerline, North 42 degrees 7 minutes 36 seconds East 98 09 feet to an existing p.k. nail; thence conlinuing by same North 40 degrees 42 minutes East 491.23 feet to a point in said centerline of State Route No. 0997 and land now or fonnerly of russell Buer, III; thence by last said land South 48 degrees 18 minutes East 443.19 feet to land now or formerly of Connie Brymesser; thence by last said land South 60 degrees 3 minutes West 5 I 8.02 feet to an existing iron pin; thence by the same and land now or formerly of Alan F. Hostetter, South 60 degrees 25 minutes 20 seconds West 125.14 feet to a post; thence by land now or formerly of Donald M. Kail North 42 degrees 37 minutes 15 seconds West 70.07 feet to an existing iron pipe; thence by land now or formerly of Richard L. Clair, Jr., North 45 degrees 8 minutes 34 seconds West 159.85 feet to a point in the centerline of State Route No. 0997 to the point and place of BEGINNING. BEING the same premises which Carl J. Hippensteel and Enna M. Hippensteel, his wife by Deed of even date and intended to be forthwith recorded, granted and conveyed unto Ronald Lee Armold and Wanda Kay Armold, his wife. ALSO BEING same premises which Carl J. Hippensteel and Erma M. Hippensteel, his wife by Deed dated June 28, 1976 and recorded at Cumberland County, Pa. in Deed Book R, Vol. 26 page 40 I, granted and conveyed unto Ronald Lee Armold and Wanda Kay Annold, his wife, Grantors herein. PROPERTY BEING: 556 ROXBURY ROAD File #: 130230 . . VRRTFTrATTON FRANCIS S. HALLlNAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. }rJ)a. FRANCIS S. HALLINAN, ESQUIRE Attomey for Plaintiff DATE: ~ 0 ~ ~ 1 \ ~ ~ ~ ~ . ' --- ~ "j"] ~ ~ ~ ~ w ~ ~ F ,.._, ~ ------ ~ .- ": \' ~ , IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY COUNTRYWIDE HOME LOAN SERVICING, ET.AL., CIVIL DIVISION Case No.: 06-1378- Civil Term Plaintiff vs. RONALD LEE ARMOLD and W ANDA HAY ARMOLD, Defendant( s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. Paragraphs 5 and 6 of the complaint are denied. Specifically, it is denied that the alleged amounts due on the principal balance, interest, court costs, escrow overdraft, late charges, and attorney's fees are accurate. The debtor cannot verify the actual amounts due as this infonnation is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. NEW MATTER - AFFIRMATIVE DEFENSES The answering Defendant(s) will rely upon all of the following defenses: 1. Plaintiffs cause of action is in violation of the Fair Debt Collection Practices Act, 15 USC 1692-J692a. 2. Plaintiff's cause of action is barred in whole or in part by the doctrines of waiver and estoppel. , WHEREFORE, the defendant(s) pray(s) that plaintiffs complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yo 'c~ r., Esqui e Pa. ID # 00245 P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 CERTIFICATE OF SERVICE I certifY that on the 7th day of April, 2006, I served a copy of the Answer to Plaintifrs Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Frank E. Youric J., Esquir Attorney for Defendant( s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 .-', ..:1 (.~ ~.l , f-",:' Q , SHERIFF'S RETURN - REGULAR CASE NO: 2006-01378 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS SERVICI VS ARMOLD RONALD LEE ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ARMOLD RONALD LEE the DEFENDANT , at 1848:00 HOURS, on the 17th day of March , 2006 at 556 ROXBURY ROAD NEWVILLE, PA 17241 by handing to RONALD L ARMOLD a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13 .20 .00 10.00 .00 41. 20 ~.~t:~ R. T omasKline Sworn and Subscribed to before By: ~ffI" Deputy Sheriff 03/20/2006 PHELAN HALLINAN SCHMIEG "" me this 1'1 ~ day of ~ ,1 wI, A.D. Prothonotary , SHERIFF'S RETURN - REGULAR . CASE NO: 2006-01378 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS SERVICI VS ARMOLD RONALD LEE ET AL BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ARMOLD WANDA KAY the DEFENDANT , at 1848:00 HOURS, on the 17th day of March , 2006 at 556 ROXBURY ROAD NEWVILLE, PA 17241 by handing to WANDA ARMOLD 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 r~~ R. Thomas Kline 03/20/2006 PHELAN HALLIN Deputy Sworn and Subscribed to before By: me this le- /7- day of ~ ;loo(,. A.D. Prothonotary . .' . PHELAN HALLINA & SCHMIEG, LLP By: JENINE R. DAVY, ESQUIRE Identification No. 8707 One Penn Center at S burban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 1910 -1814 Attorney for Plaintiff ( Countrywide Home Lo ns Servicing, LP, For The Benefit Of Mo gan Stanley Mortgage Capital, Inc. : Court of Common Pleas 7105 Corporate Drive Piano, TX 75024 : Civil Division Plainti vs. : Cumberland County Ronald Lee Armold : No. 06.1378 Wanda Kay Armold 556 Roxbury Road Newville, PA 17241 Defend nts MOTION FOR Sl1MMARV .nmr.MF.NT Plaintif respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-ca tioned matter and in support thereof avers as follows: I. There ar no material issues of fact in dispute. 2. Plaintiff is seeking only an in = judgment in this mortgage foreclosure action. 3, Defend ts, Ronald Lee Armold and Wanda Kay Armold, have filed an Answer to the Complaint in which they ave effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs a ched Brief. 4. In their swer, Defendants generally deny paragraphs five and six of the Complaint, which aver the default an the amounts due on the Mortgage. True and correct copies ofPlaintitl's Mortgage Foreclosure Co plaint, Defendants' Answer and New Matter, and Plaintiffs Reply to New Matter are attached hereto, inco orated herein by reference, and marked as Exhibits C, 0, and E, respectively. 5. Defenda ts allege that Plaintiff's Complaint is in violation of Fair Debt Collection Practices Act (FDCP A). 6. Defen ts have set forth no proof or documents in support of their allegations. . . . .. 7. Plainti verified the debt pursuant to FDCPA. A true and correct copy of the Plaintiff's Letter verifying the debt is attached hereto made part hereof and marked as Exhibit H. 8. Defend ts have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs omplaint. 9. ts executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the ortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 191 , Page 2395, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the ote is also attached hereto, made part hereof, and marked Exhibit A I. 10. By Assi nment of Mortgage recorded April 20, 2006, the Mortgage was assigned to Countrywide Home Lo s Servicing, LP, For The Benefit Of Morgan Stanley Mortgage Capital, Inc., which Assignment of Mortgage Book No. 0726, Page 2024. A true and correct copy of ide Home Loans Servicing, LP, For The Benefit Of Morgan Stanley Mortgage reto, incorporated herein by reference, and marked as Exhibit A2. gage is due for the October I, 2005 payment, a period in excess of ten months. An efault and the amount of the debt is attached hereto, incorporated herein by the Assignment to Coun Capital, Inc. is attached II. reference, and marked as Exhibit B. 12. The noti e provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceed $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendants letter notifying them of their default and of Plaintiffs intent to foreclose. True and correct copies of the etters are attached hereto, made part hereof, and marked Exhibit F. 13. The T porary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit- counseling agency in acc rdance with Plaintiffs written notice to Defendants. True and correct copies of the Notice of Homeowners ergency Mortgage Assistance Program are attached hereto, made part hereof, and marked Exhibit F. '" . . . 14. Plainti provided Defendants with a reinstatement quote and a payoff figure on April 28, 2006, but Defendants ha e failed to cure their arrears and / or payoff their loan. A true and correct copy of Plaintiffs reinstatement uote and payoff figure is attached hereto, made part hereof, and marked as Exhibit G. 15. Plainti submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, exec ting on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear ide is reasonable. Plaintiff will address this issue further in its attached Brief 16. Defend ts have the right to reinstate and / or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. By: Sheetal R. Shah-Jani, Esq e Attorney for Plaintiff . . . EXHIBIT A .... it l- ~ ..~r, t .. . ~ tl<Jf2? U; :111_11111111111 t' :6:1.0. 11.0809658 2 001 001 3401 HARTZDALE R., *118 CAMP HILL PA 17011-7200 Phone: (800) 669 6071 After Recording Return T COUNTRYWIDE HO LOANS, INC. MS SV-79 DOCUME T PROCESSING P.O.Box 10423 Van Nuys, CA 91 10-0423 Parcel Number: 44060037002a '..-- . . f\Or;;::;;T r. ZIEGLGl I~EC(:,.j)ER OF OeEUS rr.::';~'::I:L\;:D COllNTY -I' ~ ZOOS JUL 28 PrI 2 02 Premises: 556 ROXBURY RD NEWVILLE PA 17241-8628 (SpaceAboYe This Line For Re<ordiDg Data] 050721GE [Escrow/Closing #] 00011080965807005 (Doc ID j/] MORTGAGE MITN 1000157-0005375242-0 PENNSYLVANIA - SiI1g1e FamI . Fennle MaeIFreddle Mac UNIFORM INSTRUMENT WrrH MERS . A Psgelof17 lnIUalf;.A':tq- IA.Ff-I'V C!-6A(PA) (0502) CHL < 2105)(d) VMP Mortgage Solutions, lno. (800)521-7291 Fonn 3039 1101 .. II. "'23991* BKI916PG 395 I 'I \1 I I Ii ,I: ), I , I'll I,ll I di I' I,. I I I I' ,"'l, 'I'll i'l' I' I' , ", '," 'II' II " I I I I I II 'I I I'!! , I II! I I ~ I II I Ii' ' I I I I : I . 1 1 0 8 0 9 6 5 8 0 0 0 0 0 1 0 0 6 A . . . ,/, ," . - , ~ -... DOC ID t: 00011080965807005 DEFINITIONS Words used in multiple 11, 13, 18, 20 and 21. Section 16. (A) "Seeurity Instrwnen " means this document, which is dated JULY 2 6 , 2 005 together with all Riders t this document. (B) "Borrower" is RONALD LEE ARM LD, AND WANDA KAY ARMOLD, HIS WIFE 'ons of this document are defined below and other words are defined in Sections 3, , rules regarding the usage of words used in this document are also provided in Borrower is the mortgago under this Security InstrumcnL (C) ''MERS'' is Mortgag Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for nder and Lender's successors and assigns. MERS is the mortgagee under this 'Seeority Instrwnent. is organi~d and exL~ting under the Jaws of Delaware, and has an address and telephone number of P.O. ox 2026, Flint, MI48501-2026, tel. (888) 679-MBRS. (D) "Lender" is COUNTRYWIDE LOANS, INC. Lenderisa CORPORATION organized and existing YORK Lender's address is 4500 Park Gran Calabasas, CA (E) "Nole" means the p 'ssory note signed by Borrower and dated JULY 26, 2005 The Note slates that Borro er owes Lender' ONE HUNDRED TW NTY FOUR THOUSAND SIX HUNDRED NINETY FIVE and 00/100 Dollars (U.S. $ 124, 6 5. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and t pay the debt in full not later than AUGUST 01, 2035 (F) "Property" means e property that is described below under the heading "Tnmsfer of Rights in the Property.. (G) "Loan" means the bt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and aI sums due under this Security In5lrUl1lent, plus interest. C!-6A(PA) (0502) .. k1lIafs'/? La tJ4Jv- CH (02105) Page 2 of 17 Form 3039 1101 BKI916P 2396 ," . ...... "'!!< . DOC rD i: 00011080965807005 (lI) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed y Borrower [check box as applicable): ~ AdjuSlllble Rate Ri Balloon Rider VA Rider 8 Condominium Rider 0 Second Home Rider Planned Unit Development Rider 0 1-4 Family Rider o Biweekly Payment Rider 0 Other(s)[specUy] (I) "Applicable Law" all controlling applicable federal, state and local statuteS, regulati<lllS, ordinances and adminis 've rules and orders (that have the effect of law) as well as aU applicable final, non-appealable judicial inions. (J) "Community As . lion Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronie Funds auster" means any transfer of funds, other than a transaction originated by check, draft, or similar paper j trument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic ta so as to order, inslnlct, or authorize a financial institution to debit or credit an account Such tenn inc des" but is ,not limited _to, jlOint-1lf-Sl!Ie ~ers, automated teller machine transacti<lllS, transfers ini ' ted by telephone, wire transfers, and a11lDDJated clearingbouse transfers. (L) "Escrow Items" mea those items that are described in Section 3. (M) "Miscellaneous P ds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage 10, or destruction of, the ; (n) condemnation or other taking of aU or any part of the Property; (ill) conveyll1\Ce in \ieIl of enmatioo; or (iv) misrepresentations of, or omissions as 10, the value and/or condition oflbe Property, (N) "Mortgage Insoran "means insurance protecting Lender against the nonpayment of, or defanlt on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (n) any amoun under SecliQn 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, egulation X (24 C.F.R. Part 3500), as they might be amended from time 10 lime, or any additional or SIlcce legislation or regulation that governs the same SIlbject matter. As used in this Security Instrument, " PA" refers 10 aU requirements and restrictions that are imposed in regard to a "federally related mortga loan" even if the Loan does not qualify as a "federally related mortgage loan' under RESPA. (Q) "Snccessor in In of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Bo wets obligations under the Note and/or this Security Instrument TRANSFER OF RlGJITS 'l1IB PROPERTY This Security Instrument res to Lender; (i) the repayment of the Loan, and aU renewals, extensions and modifications of the No ; and (ii) the performance of Borrowets covenants and agreements onder this Security Instrument and e Note. For this purpose, Borrower does hereby mortgage, grant and convey to -.,.J( ;iC{ ~ C!06A(PA) (0502) OOL ~5) ~ Page3af17 Form 3039 llU1 BK I 9 I 6 PG 397 . . , -.. ~.... [1)pe of SEE EXHIBIT "A DOC ID t: 00011080965807005 for Lender and.Lender's successors and assigns) and to the successors and assigns scribed property located in the TY ill CUMBERLAND MERS (solely as nomin ofMERS. the following CO Ong Jurisdiction] [Name of Recording Jurisdiction] ATTACHED HERETO AND MADE A PART HEREOF. which currently has the ROXBURY RD, NEWVILLE IStreetlCity) PenD.'lylvania 1 7 2 41- 628 ("Property Address"): I TOGBTHBR W all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fix now or hereafter a part of the property. All replacements and additions shalI also be covered by this See ty Instmmeat. All of the foregoing is refeaed to in this Security Instrument as the "Property." Borrower stands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instmment, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's sors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the . ht to foreclose and sell the Property; and to take any action required of Lender ineluding, but not limited 0, releasing and canceling this Security InstrumenL BORROWER CO ANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, gran and convey the Property and that the Property is unencumbered, except for encumbrances ill rec01lI. Borrower warrants and will defend genetally the title to the Property against all claims and demands, subj tto any encumbrances of record. THIS SECURITY STRUMENT combines uniform, covenants for national lIse and non-uniform covenants with limited . ations by jurisdiction to constitute a unifonn security insttument covering real property. ~ -6A(PA) (0502) (02/051 Page4of17 "'lIaJs,lliCt~ Fonn 3039 1101 BK 1916 G2398 , < . ...... ':. .. DOC ID f: 00011080965807005 UNIFORM CO . Borrower and Lender covenant and agree as follows: 1. Payment of Pri 'pal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shaD pay wben due the 'cipal of, and interest on, the debt evidenced by the Note and any prepayment charges and (ate charges due under the Note. Borrower shaD also pay funds for Escrow Items pursuant to Section 3. Payments du under the Note and this Security Instrument shalJ be made in U.S. currency. However, if any check 0 other instrument received by Leoder as payment under the Note or this Security Instrument is returned to nder unpaid, Lender may require that any or aD subsequent payments doe under the Note and this Securi Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money ord (c) certified check, bank check, treasurer's check or cashier's check, provided any such chec.k is drawn u an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic s Transfer. Payments are deeme received by Leoder when received at the location designated in the Note or at such other location as may be 'gnated by Lender in accordance with the notice provisions in Section 15. I,.ender may return any payment r partial payment if the payment or partial payments are insufficient 10 bring the Loan current. Lender m accept any payment or partial payment insufficient to bring the Loan eurrent, without waiver of any rig ts hereunder or prejndire to its rights to refose such payment or partial payments in the future, but Lender is t obligated 10 apply such payments at the time such payments are accepted. If each Periodic Payment is app ed as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold ,ch unapplied funds until Boaower makes paymet!t to bring the LOlUl current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to BOITOwer, If not pplied earlier, such funds will be applied to the outstanding principal balance under the Note immediately pri to foreclosure. No offset or claim which BOITOWet might have now or in the foture against Lender shall relie e Borrower fr9m making payments due under the Note and this Security Instrument or performing tbe cove ts and agreements secured by this Security InstrumenL 2. Application of yments or Proceeds. Except as otherwise described in this Section 2, aD payments accepled and applied by nder shalJ be applied in the following order of priority: (a) interest due under the Note; (b) principal due der the Note; (c) amounts due llnder Section 3. Such payments shalJ be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to an other amounts due under this Security In.~trument, and then to reduce the principal baIance of the Note. If Lender receives payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay y late charge due, the payment may be applied to the delinquent payment and the Jate charge. If more than ne Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repaym t of the Periodic Payments if, and to the extent that, each payment can be paid in foIl. To the extent that a y excess exists after the payment is applied to the full payment of one or more Periodic Payments, such xcess may be applied to any late charges due. Volunllny prepayments shaD be applied first to any prepa ent charges and then as described in the Note. Any application of ymenls, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or p slpone the due dl!te, or change the amount, of the Periodic Payments. 3. Funds for Escro Items. BOITOwer shalJ pay to Lender on the day Periodic Payments are due under the Note, until the Note' paid in full, a sum (the "Funds") to provide for payment of amounts doe for: (a) taxes and assessments an other items which can attain priority over this Security Instrument as a lien or encumbr.mce on the Prop rty; (b) leasehold payments or ground tents on the Property, if any; (c) premiums lnlllals,/'?:I t1 a4- C! -6A(PA) (0502) .. CH (02105) Page 5 of 17 Form 3039 1/01 BK I 9 I 6 PG 3 9 9 " . , , . DOC ID t: 00011080965807005 for any and all insurance uired by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by B wer to Lender in lieu of the payment of Mortgage Insurance premiwns in accordance with the pro . . of Section 10. 'These items are called "Escrow Items.' At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be es wed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly . h to Lender all notices of amounts to be paid under this Section. Borrower,shall pay Lender the Funds,for row Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Le may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any su h waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where able, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender , if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all es be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, t to a waiver, and Borrower fails to pay the amount due for an Escrow llem, Lender may exercise its ts under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay Lender any such amounL Lender may revoke the waiver as to any or all Escrow Items at any time by a no ce given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all , and in such. amounts, that are then required under this Section 3. Lender may, at any , e, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specifie under RESPA, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender estimate the amount of Funds due on the basis of current data and reasonable e.~limates of expenditures f future Escrow Items or otherwise in-accordance with Applicable Law. The Funds shall be eld in an institution whose deposits are insured by a federal agency, instrumenlality, or entity (including Lend ,if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified nuder RESP A. Lender shall not harge Borrower for holding and applying the Fonds, annually analyzing the escrow account, or verifying the crow Items, unless Lender pays Borrower interest on the Fonds and Applicable Law penuits Lender to such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be pai on the Funds, Lender shall not he required to pay Borrower any interest or eamings on the Funds. Borrower d Lender can agree in writing, however, that interest shall be pllid on the Funds. Lender shall give to B er, without charge, an annual accoWlting of the Funds as required by RESP A. If there is a sUlplus 0 Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the excess funds in ce with RESPA. If there is a shortage of Funds held in escrow, as defined under RESP A, Lender notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to up the shortage in accordance with RESP A, but in no more than 12 monthly payments, If there is a ciency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by P A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance th RESP A, but in no more than 12 monthly payments. Upon payment in of all sum.~ secured by this Security Insttument, Lender shall promptly refund to Borrower any Funds held Lender. 4. Charges; Lieos. B wer shall pay all taxes, assessments, charges, fines, and impositions attributable to the Proper.ty which can tlain priority over this Secority Instrument, leasehold payments or ground rents on InIUafs:/fjC{ ~ CIt-6A(PA)(OS02) CHL 02105) Page 8 of 17 Fonn3039 1101 BKI916PG 400 ,- . . . DOC ID t: 00011080965807005 the Property, if any, and mmunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, wer shall pay them in the IlIllnner provided in Section 3. Borrower shall ptIy discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in ting to the payment of the obligation secured by the lien in a manner acceplable to Lender, but only so long Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against en of the lien in, legal proceedings which in Lendets opinion opelllte to prevent the enforcement of the lien ile those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the lder of the lien an agreement satisfactory to Lender subordinating the lien to this SCCllrity Instromenl If detemrines that any part of the Property is subject to a lien which can attain priority over this Security ent, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that otice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require orrower to pay a one-time charge for a real estate laX verification and/or reporting service used by Lender in . on with this Loan. S.Property Insura Borrower shan keep the improvements now existing or hereafter erected on the Property insured against ss by lire, hazards included within the term "extended coverage," and any other hazards including, but n limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be . ed in the amounts (including deductible levels) and for the periods that Lender requires. What Lender pursuant to the preceding sentences can change dqring the term of the Loan. The insurance carrier viding the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's c ice, which right shall not be exero1Sed unreasonably. Lender may require Borrower to pay, in connection wi thi.q Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or ) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certifica n. Borrower shall also be responsible for the payment of any fees impused by the Federal Emergency Man t Agency in connection with the review of any flood zone determination resulting from an objectio by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's opti and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of co Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's 'ty in the Property, or the contents of the Property, against any risk, hazard or liability and might provi greater or lesser ooveragc than was previously in effect Borrower acknowledges that the cost of the insu e coverage so obtained might significantly exceed the cost of insurance that Borrower could have . Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured y this Security InstrumenL These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender 10 Borrower requesting payment All insurance policie required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such polioi s, shall inclnde a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional I payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrow shall promptly give to Lender all receiptS of paid premiums and rencwal notices. If Borrower obtains any fo of insurance coverage, not otherwise required by Lender, for damage 10, or destruction of, tbe Prope ,such policy shall include a standard mortgage clause aud shall name Lender as mortgagee and/or as an ad 'tional loss payee. I""'ols' If ,;/ a ti4- ~ -6A(PA) (0502) CHL 02105) Pago 7 of 17 Form 3039 1101 BKI916PG 401 , . . . . DOC rD #: 00011080965807005 In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if t made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance ceeds, whether or not the 1IJIder\ying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not I ed. During such repair and resloration period, Lender shall bave the right to hold soch insurance proceeds IiI Lender bas had an opportunity to inspect such Property to ensure the work bas been completed to Lend s satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds ~ the repairs and-restoration in a single payment or in a series of progress payments as the work is completed Unless an agreement is made in writing or, Applicable Law requires interest to be paid on such insurance eds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for blic adjusters, or other thin! parties, retained by Borrower shallllOl be paid ont of the insurance proceeds d shall be the sole obligation of Borrower, If the restoration or repair is not economically feasible or der's security would be lessened, the insurance proceeds shall be applied to the sums secure4 by this 'ty Instrument, whether or nOl then due, with the excess, if any, paid to Borrower. Such insurance proceeds be applied in the order provided for in Section 2, If Borrower abando the Property, Lender may file, negotiate and sellle any available insumnce claim and related matters. If B rower does not respond wilhin 30 days to a notice from Lender that the insurance canier has offered to se a claim, then Lender may negotiate and settle the claim. The 3O-day period wJ1J begin when the notice' given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower h assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amoun unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the righ to any refund of weamed premiums paid by Borrower) under all insurance policies covering the Property, in far as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds ei er to repair or restore the Property or to pay amounts wpaid wder the NOIe or this Security Instrument, whe or not then due. 6, Occupancy. B wer shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the xecntion of this Secnrity Instrument and shall continue to occupy the Property as Borrower's principal resi ence for l!lleast one year after the dale of occupancy, unless Lender otherwise agrees in writing, which nsent shall not be unreasonably withheld, or unless extenuating citcumstances exist which are beyond Borrow's control. 7. Preservation, tenance and Protection of the Property; Inspections. Borrower shaD not destroy, damage or imp' the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower s residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deterio ting or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or re toration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid forth deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage ,or the taking of, the Property, BOQ:Ower shall be responsible for repairing or restoring the Property onI if Lender bas released proceeds for such purposes. Lender may disburse proceeds for the repairs and res tion in a single payment or in a series of prqgress payments as the work: is completed. If the . e or condemnation proceeds are IlOl sufficient to repair or restore the Property, Borrower is not relieved 0 Borrowers obligation for the completion of such repair or restollltion, C! -6A(PA) (0502) .. CH (02105) Inldala:/f ~q 6JI1t- Fonn 3039 1101 Page8of17 BKI916PG 402. . . . . DOC ID *: 00011080965807005 Lender or iIB agen may make reasonable entries upon and inspections of the Properly. If it has reasonable cause, Lend may inspect the interior of the improvements on the Property. Lender shall give Borrowec notice at the' e of or prior 10 such an interior inspection specifying such reasonable cause. 8. Borrower's Loa Application. Borrower shall be in default if, during the Loan application process, Borrower or any or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially 3Ise, misleading, or inaccurate infonnation or slatcmenIB to Lender (or failed 10 provide Lender with ma rial information) in oonnection with the Loan. Material representations include, but are not limited 10, tions concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection ofLe 's Interestio the Property and RIghts Under this Security Instrument. If (a) Borrower fails 10 petfo the oovenants and agreements contained in this Security Instromenl, (b) there is a legal proceeding that . ht significantly affect Lender's interest in the Property and/or rights under this Security Instrument (su as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien hich may attain priority over this Security Instroment or 10 enforce Jaws or regulations), or (c) B wer has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate 10 protect Lender's interest in the Property and rights undec this Security htstromenl, including protecting an r a&,essing the value of the Properly, and securing and/or repairing the Property. Lender's actions can incI de, but are not limited 10: (a) paying any sums secured by a lien which has priority over this Security In t; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property d/or rights under this Security Instmmenl, including its secured position in a bankruptcy proceeding, ecoring the Property includes, but is not limited to, entering the Properly to make repairs, change locks, or board up doors and windows, draln water from pipes, eliminate building or other code violations or conditions, and have utilities tumed on or off. Although Lender may take action under this Section ,Lender does not have to do so and is not under any duty or obligation 10 do so. It is agreed that Lender' no liability for not taking any or all actions authorized under this Section 9. Any amounts disbur by Lender under this Section 9 shall become additional debt of Borrower secured by this Security htsltum L These amounIB shall bear interest at the Note rate from the date of disbursement and shall be payable, wi such interest, upon notice from Lender to Borrowec requesling payment. If this Security t is on a leasehold, Borrowec shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in . ling. 10. Mortgage anee. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the miwns required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance cov ge required by Lender ceases to be available from the mortgage insurer that previously provided sue insurance and Borrower was required to make separately designated paymenls toward the premiums for ortgage Insurance, Borrower shall pay the premiums required 10 obtain eovemge substantially eqw.valent the Mortgage Insuranee previously in effect, at a cost substantially equivalent to the eostlO BOlTOwer of the ottgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If subSlanti equivalent Mortgage htsurancc eoverage is not avaiJable, Borrower sball continue to pay 10 Lender the amo of the separately designated payments that were dne when the insnrance oovetage ceased to be in effect. der will accepl, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insnran e, Such loss reserve shall be non-refundable, notwithstanding the faet that the Loan q-6A(PA) (0502) CH (02105) Page9of17 '"Ibis'/? :iQ AJHt- , Form 3039 1/01 BKI916PG203, , . ., '! DOC ID t: 00011080965807005 is lIItimateIy paid in full, and Lender shall not be required to pay Borrower any inlelest or e9lJlings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (m the amount and for the perl that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, an Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender . red Mortgage Insurance as a condition of making the Loan and Borrower was required to make separa Iy designated payments toward the premiums for Mortgage Insurance, Borrower shaJl pay the premiums . to maintain Mortgage Insurance in effec~ or to provide a non-refundable loss reserve, until Lendet's r 'cement for Mortgage Insurance ends in accordance with any written agreement between Borrower and er providing for such termination or untillermination .is required by Applicable Law. Notbing in this on 10 affects Borrower's obligation to pay interest at the mte provided in the Note. Mortgage reim1nmles Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does n repay the Loan as agreed, Borrower is not a party to the MOrtgage Insurance. Mortgage insurers uate their tocal risk on all such insurance in foree from time to lime, and may enter into agreements with 0 r parties that share or modify their risk, or reduce losses. 'These agreementS are on terms and conditions are ../j'''''''tory to the mortgage insurer and the other party (or parties) to these agreements. These ts may require the mortgage insurer to make payments 1I8ing any souroe of funds that the mortgage i may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any otber entity, or any affili te of any of the foregoing, may receive (directly or indirectly) amounts that derive from {or migbt be cb . as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of LendC1' lakes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement' often termed 'captive reinsurance.' Further: (a) Any sudt a Is will not affect tbe amounts that BOI'rower has agreed to pay for Mortgage Insnrance, or any other tenns of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage nee, and they will not entiUe Borrower to any refund. (b) Any such ag ents will not affect the rights Borrower has . if any . with respect to the Mortgage Insorance un the Homeowners Protection Act of 1m or any other Jaw. These rights may include the ri&ht to eive cerlain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the ortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insorance p 'oms that were UDearned at Ihe time of sudt cancellation or termination. 11. Assignment 0 MisceIJaneons Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be . d to Lender. If the Property is aged, such Miscella!1eous Proceeds shall be applied to restoration or repair of the Property, if the restorati or repair is economically feasible and Lender's security is not lessened. During such repair and restoration p , Lender shall have the right to hold such MisceJlaneons Proceeds until Lender has had an opportunity to i t such Property to ensure the work bas been completed to Lender's satisfaction, provided that such in . on shall be undertaken promptly, Lender may pay for the repairs and restoration in a single disbwsement or a series of progress payments as the work is completed. Unless an agreement is made in writing or Appli ble Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay B wer any interest or earnings on such Miscellaneous Proceeds. If the restoration or C!-6A(PAI (0502) ~ Page 10 0117 Initial.: If/.. ct war Fonn 3039 1101 . . DOC ID i: 00011080965807005 repair is not economical1y feasible or Lender's security would be lessened, !be Miscellaneous Proceeds shall be applied to the sums by this Security Instrument, whether or not then due, with !be excess, if any, paid to Boaower. Such eJJaneous Proceeds shaD be applied in the order provided for in Section 2. In the event of a to taking, destruction, or loss in value of !be Property, !be Miscellaneous Proceeds shall be applied to the secured by this Security Instrument, whetber or not !hen due, with !be excess, if any, paid to Bouower. In !be event of a p taking, destruction, or loss in value of the Property in which !be fair market value of the Property imm.nia y before thc partial taking, destruction, or Joss in value is equaJ to or greater than the amount of the sums s ed by this Security Instroment immediately before !be partial taking, destruction, or loss in value, unless B Wet and Lender otherwise agree in writing, !be sums secured by this Security Instrument shall be redu by !be amount of !be Miscellaneous Proceeds multiplied by the following fraction: (a) the tota1 amount of sums secured immediately before the partial taking, destruction, or loss in valuc divided by (b) the fair et value of the Property immediately before !be partial taking, destruction, or loss in value. Any balance shaI be paid to Borrower. In !be event of a p taking, destruction, or loss in value of the Property in which !be fair market value of the Property immedia y before the partial taking, destnlCtion, or loss in value is less than the amount of the sums secured immedi tely before the partial taking, destruction, or loss in value, lID1ess Boaower and Lender otherwise agree i writing, the Miscellaneous Proceeds shaD be applied to !be sums secured by this Security Instrument whe or not the sums are !hen due, If the Property is a oned by Borrower, or if, after notice by Lender to Borrower that !be Opposing Party (as defined in !be nc t sentence) OffClS to make an award to settle a claim for damages, Borrower fails to respond to Lender within 0 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous P either to resloJ:ation or repair of the Properly or to the sums secured by this Security Instrument, wh et or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds 0 the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be i default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could t in fnrfeiture of the Property or other material impairment of Lender's interest in the Properly or rights der this Security Instrument. Borrower can cure such a default and, if acceleration has occuaed, reinstate as rovided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's ju nt, precludes forfeiture of !be Properly or other material impairmeot of Lender's interest in the Property 0 rights under this Security Instrument. The proceeds of any award or claim for damages that are attribu Ie to !be impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous P eeds that are not applied to restoration or repair of the Property shaD be applied in the order provided for in S tion 2. . U. BorroWl!l' Not eel; Forbearance By Lender Not a Waiver. BxlellSion of the time for payment or modification 0 amorti28tion of the sums secured by Ibis Security Instrument granted by Lender to Borrower or any Succ in Interest of Borrower shaD not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of wer or to refuse to extend lime for payment or otherwise modify amortization of the sums secured by this S ty Instrument by reason of any demand made by the original Borrower or any Successors in Interest of orrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Len acceptance of payments from third persoos, entities or SUCCCSSJlJl!jlJ..InteresJ.!.lf inti...: ~f4 fi)'H"" C! -6A(PA)(0502) CH (02105) Psge 11 of 17 Fonn 3039 1/01 .. BKI916PG 405 " DOC ID t: 00011080965807005 Borrower or in amounts Ie than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. .Joint and Sever Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's 0 ligations and liability shall be joint and several. However, any Borrower who oo-signs this Security Ins ent but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instmment only to mottg Co grant and convey the co-signer's interest in the Property under the terms of this Security Instmment; (b)' not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender any other Borrower can agree to extend, modify, forbear OJ: make any accommodations with to the terms of this Security Instrument OJ: the Note without the co-aigner's cOllSCllt. Subject to the pro . obligations under this rights and benefits under and liability under this S agreements of this Securi and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfoaned in connection with Borrower's defaul~ for e purpose of protecting Lender's interest in the Property and rights under this Security Instromen~ incl . g, but not limited to, attomeys' fees, property inspection and valnation fees. In regard to any other fees, absence of express authority in this Security Insttomenl to charge a specific fee to Borrower shall not be co ed as a prohibition on the chaIging of such fee. Lender may not charge fees that are expressly prohibited b this Security Instrument or by Applicable Law. If the Loan is subj 10 a law which sets maximum loan charges, and that law is fmaJJy interpreted so that the interest or other oan charges collected or to be collected in coonection with the Loan exceed the pennilled limits, then: (a) y such loan charge shaJl be reduced by the amount necessary to reduce the charge to the pennitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits will be refunded 10 Borrower. der may choose 10 make this refund by reducing the principal owed under the Note or by making a direc payment 10 Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment wi t any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrow r's acceplance of any such refund made by direct payment to Borrower will constitute a waiver of any 'ght ofaction Borrower might have arising out of such overcharge. 15. Notices. All noti given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instmment shaJl be deemed to have been given to Borrower mailed by first class mail or when actually delivered to Borrower's notice address if sent by other Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law express! requires otherwise. The notice address shall be the Property Address unless Borrower has designated snbstitnte notice address by notice to Lender. BOlTOwer shall promptly notify Lender of Borrower's ge of address. If Lender specifies a procedure for reporting Borrower's change of address. then BolTOwer sh I only report a change of address through that specified procedure. There may be only one designated notic address under this Security Instrument at any one lime. Any notice to Lender shaJl be given by delivering it by mailing it by first class mail to Lender's address stated herein unless Lender has designated another addre by notice 10 BOlTOwer. Any notice in connection with this Security Instrument shall not be deemed 10 ha e been given to Lender until actually received by ~der. If any notice required by _Is' .1(::14 zJOr ons of Section 18, any Successor in Interest of Borrower who assumes Borrower's 'ty Instmment in writing, and is approved by Lender, shaJl obtain all of Borrower's . Security InstrWnenl. Borrower shaJl not be released from BolTOwer's obligations . ty ]nstrument unless Lender agrees to such release in writing. The covenants and Instrument shaJl bind (except as provided in Section 20) and benefit the successors C! -6A(PA) (0502) .. Page 12 of 17 Form 31139 1101 B1(1916PG 406 DOC rD i: 00011080965807005 this Security Instrument' also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requir t under Ibis Security Instrument 16. Governing La Severability; Rules of Coostruction. This Security Instmment shall be governed by federal law and the w of the jurisdiction in which the Property is located. AIl rights and obligations contained in tbis Securi Instrumellt are subject to any requirements and limitations of Applicable Law, Applicable Law might ex licitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not construed as a prohibition against agreement by con1nlct. In the event lha1 any provision or clause of tbi Security Instrument or the Note conflicts with Applicable 'Law, snch conflict shall not affect other provisi s of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this S corresponding neuter w the plural and vice ve action. 17. Borrower's C . Borrower shall be given one copy of the Note and of this Security InstrumenL 18. Transfer of Property or a Beneficial Interest in Borrower. As used in Ibis Section 18, "Interest in the Property" any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests erred in a bond for deed, contract for deed, ins1allment sales contract or escrow agreement, the intent of w ich is the transfer of tide by Borrower at a future <!ate to a Jl1II'CIwer. If an or any part of Property or any Interest in the Property is sol4 or tra1l8ferred (or if Borrower is not a natural person and a neficial interest in Borrower is sold or transfeaed) without I.ender's prior written consent, Lender may . re immediate payment in full of all sums secured by this Security Instrument However, this option shal not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. 'The notice shall provide a period of not 1 s than 30 days from the date the notice is given in accordance with Section 15 within which Borrower st pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expira . on of this period, Lender may invoke any remedies permitted by this Security Instrument without notice or demand on Borrower. 19. Borrower's Rig t to :Reinstate After Aeeeleration. If Borrower meets certain conditions, Borrower shall have the right to ve enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days efore sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such othe period as Applicable Law might specify for the termination of Borrower's right to reinslate; or (c) entry of judgment enforcing this Security Instrument. 'Those conditions are that Borrower: (a) pays Lender an which then would be due under this Security Instrument and the Note as if no acceleration had occurred (b) cutes any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing th' Security Instrument, including, but not limited to, reasonable atlorneys' fees, property inspection and v uation fees, and other fees inCUlTed for the purpose of protecting Lender's interest in the Property and rights er Ibis Security Instrument; and (d) taIces such action as Lender may reasonably require to assure lha1 s interest in the Property and rights under Ibis Security Instrument, and Borrower's obligation to the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrow pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender; (a) ash; (b) money order; (c) certified check, bank check, treasnrer's cbeck or cashier's cbeck, provided any such heck 11 drawn upon an institution whose deposits are insured by a federal agency, h&1s:;(i.Q~ ., . C! -6A(PA) (0502) .. 'ty Instrument: (a) words of the masculine gender shall mean and include or words of the feminine gender; (b) words in the singular shall mean and include and (c) the word "may" gives sole discretion without any obligation to take any CH (02105) Page 13 of 17 Form 3039 1101 B1(1916PG2 01" , . . , DOC ID t: 00011080965807005 instrumootaJity or entity; or (d) B1ectroliic Funds Transfer. Upon reinstatement by Borrower, tbis Security Instrument and obligatio s secured bereby shall remain fully effective as if no acceleration had occurred. However, this right 10 r . sball not apply in the case of acceleration under Section 18. 20. Sale of Note; nge of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this S 'ty Instrument) can be sold one'or more limes without prior notice to Borrower. A sale might result in a c ge in the entity (known as the 'Loan Servicer") that collects Periodic Payments doe under the Note and th Security Instrument and perfmma other mortgage loan servicing obligations under the Note, this Security ent, and Applicable Law. There also might be one or more changes of the Loan Servicec unrelated 10 a e of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the ge which will state the name and address of the new Loan Servicer, the address to which paymen 8 should be made and any other information RESP A requires in conneclion with a notice of transfer of servi . g. If the Note is sold and tbereafter the Loan is serviced by a Loan Servicer other than the purchaser of the ote, the mortgage loan servicing obligations to Borrower will remain with the Loan Service< or be trllOSIi to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the ote purchaser. Neither Borrower Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the r of a clllllS) that arises from the other party's actions pursuant to tbis Security Instrument or that alleges that the other party has breached any provision of, or any doty owed by reason of, , this Security Instrument, til such Borrower or Lender has notified the other party (with such notice given in compliance with the . ements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after giving of such notice to take corrective aclion. If Applicable Law provides a time period which must elapse efore certain action can be 1aken, that time period will be deemed to be reasonable for purposes of this para . The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the no . ce of acceleration given to Borrower pursuant to Section 18 sha1l be deemed to satisfy the notice and 0 'ty to take corrective aedon provisions of this Section 20. 21. Hazardous es. AB used in this Section 21: (a) "Hazardous Substances" are those substances defined as 10xic or us substances, pollutanls, or wsstes by Environmental Law and the following substances: gasoline, ene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, male' containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" federal laws and laws of the jurisdiction where the Property is located thaI relate 10 health, safety or en' nmental protection; (c) "Environmental Cleanup" includes any response aedon, remedial action, or remo action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that c cause, contribute to, or otherwise trigger an Environmental Cleanup, Borrower sha1l not anse or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to lease any Hazardous Substances, on or in the Property. Borrower shall nOI do, nor allow anyone else 10 do, ything affeedng the Property (a) that is in violation of any Environmental Law, (b) which creates an Environ Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a tion that adversely affects the value of the Property. The preceding two sentences shall not apply to the pr , use, or storage on the Property of small quantities of Hazardous Substances that are generally reco . ed to be appropriate to normal residential uses and to maintenance of the Property (including. but not limited to, hazardous substances in consumer products). C! .6A(PA) (0502) .. CH (02105) Psge14of17 Inlfla~' ;( i-C1. t/YfJ..:- Form 3039 1101 BKI916PG208 , . . , DOC ID f: 00011080965807005 Borrower shall t1y give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any gov mental or regulatory agency or private party involving the Property and any H_dous Substance or viromnental Law of which Borrower has actna1 knowledge, (b) any Environmental Condition, including but ot limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, an (c) any condition caused by the presenco, use or release of a Hazardous SubstanCj> which adversely affec18 e value of the Property. If Borrower learns, or is notified by any governmental or regulatory anthorlty, or private party, that any removal or other remediation of any Hazardous Substance affecting the Property is n essary, BOlIOwer shall promptly take all necessary remedial actions in accordance with Environmental Law. othing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNlFORM C VBNANI'S. BOlIOwer and Lender further covenant and agree as follows: 22. Acceleration; . . Lender shall gin nolke to Borrower prior to acre1eralion following Borrower's breach of Of covenant or agreement in this Security Instnunent (but not prioc to acee1eralion nnder See' n 18 nnless Applicable Law provides olherw.ise). Lender shall notify Borrower of, among oCher things: ) the deI'anlt; (b) the aellon required to cure the default; (c) when the default D11Illt be cured; and (d) t failure to cure the default as speciliedmay result in aceeleration of the - secured by this Security lnunent, foreclosure by jnclicial proeeeding and sale of the Property. Lender sbaB further inform Bor wer of the right to reinstate after aceeleralion and the right to assert in the foreclosure proceeding e non-existence of a default or any other defense of Borrower to acceleration and forecIosure. If the ault is not cured lIS specified, Lender at its option may require immediate paJlllent in full of all secured by this Security Instrmnent without fortIIer MdaM and may f_close Ibis Seeority I lnunent by judicial proceeding. Lender shall be entitled to collect all expenses incurnd in pursuing the remedies provided in this Section 22, including, but not limited to, aUonJeYs' fees and costs of liIle e' nee to the extent permitted by Applicable Law. 23. Release. Upon t of all sums secnred by this Security Instrument, this Security InstrUment and the es1ate conveyed shall terminate and become void. After such OCCU1TCllCC, Lender shaJI discharge and satisfy this Security In., nl Borrower shall pay any recordation C0818. Lender may charge Borrower a fee for releasing this Security Slrume1lt, but only if the fee is paid to a third party for services rendered and the charging of the fee is tted under Applicable Law. 24. Waivers. ]loao er, to the extent pennitted by Applicable Law, waives and releases any error or defects in proceedings to force this Security Instroment, and hereby waives the benefit of any present or future laws providing for s ay of execution, extension of lime, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement P ad. BorrowCl's lime to reinstate provided in Section 19 shaD extend to one hour prior to the commen t of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. U. Purchase MOlle Mortgnge. Jf any of the debt secured by this Security InsllWDent is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. InteRSt Rate Judgment. BOlIOwer agrees tbatlhe inlerest rate payable after a judgment is entered on the Nore or in action of mortgage foreclosure shall be the rate payable from time to time under the NOle. C! -sA(PAI (0502) CHL 02105) .. Page 15 of 17 InIflals: l?i..Cl Q(k- Form 3039 1101 BK191G G21+09 . . . , . . DOC ID t: 00011080965807005 BY SIGNING B W, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and' any Rider executed by Borrower and recorded with it. ~t (Seal) -Borrower WAND (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower CIl-6A(PA) (0502) CH (02105) psge 160117 Form 3039 1101 BKI916PG 410 . . DOC ID t: 00011080965807005 CVM0.8e:-A./,.t\-tJb Countyss: 0" VL'( I ;).t?/? 5 . before me, the AolQt. Nh .MOL. person(s) whose name(s) executed the same for the known to me (or satisfactorily proven) to be the stare subscribed to the within instrument and acknowledged that be/sbelthey eo herein contained, IN WITNESS My Commission Expires: F. I hereuntO set my band and official seal. co i:ALTHOFPEN YLVANIA NclarIaI Seal WIIIam RI.k1dsIey, NoIaIy Lcwer AIen Twp., Ccun4t My eo.......... Elq>lIes Nov. 14,2007 Member. Pennsylvanla As80cIa Of Notaries ~~.~ A)t?IA-J..-f ))vR>l-/ C 'IltJoofOfficer Certificate of Residence I, the correct address of the wi . 1-( WAs....1? ,do hereby certify that -named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. ~bilf- day of J VLY) ;;"0&5 Witness my hand this ~ LR Agent ofModpgec BKI916PG2 Page 17 of 17 initials: /<.i.(d ~ Form 3039 1101 ~ -6A(PA) (0502) CHL '.. . . ADJUSTABLE RATE RIDER (LmOR Index. Rate Caps) After Recording Return 0: COUNTRYWIDE HO LOANS, INC. MS SV-79 DOC NT PROCESSING P.O.Box 10423 Van Nuys, CA 9 410-0423 PARCEL ID I: 44060037002a prepared By: JAMIE CRAWFORD THIS ADJUSTABL JULY, 2005 supplement the Mortga 050721GE 00011080965807005 [Escrow/Closing #1 [Doc ID #1 RATE RIDER ls made this TWENTY-SIXTH day of , and is Incorporated Into and shall be deemed to amend and , Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the MULllSTATE ADJUST BLE RATE RIDER - LIBOR INDEX - Single Family CONY .BC-ARMRider /A~ 1Ui93-XX (06lO4)(d) Page 1 of 5 Initials:,.e.t'l{ tJ'H'" III . 2 3 9 9 1 . . . . 1 1 0 8 0 9 8 5 8 0 0 0 0 0 1 U 1 93' BK I 9 I 6 PG l~ I 2 . , . , '. DOC ID t: 00011080965807005 same date given by the nderslgned (the "Borrower") to secure Borrower's Note to COUNTRYWIDE HO LOANS, INC. ' (the "Lenderj of the sa e date and covering the property described in the Security Instrument and located at: 556 ROXBURY RD, NEWVILLE, PA 17241-8628 [Property Address! THE NOTE NTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RA E AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND TH MAXIMUM RATE THE BORROWER MUST PAY. ADDmONAL COY ANTS. In addition to the covenants and agreements made In the Security Instrument, Borrower a Lender further covenant and agree as follows: A.INTEREST RATE AN MONTHLY PAYMENT CHANGES The Note provides r an initial interest rate of 8 . 8 75 %. The Note provides for changes in the interest te and the monthly payments, as follows: 4. INTEREST RATE AN MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I AUGUST, 2008 interest rate could cha lpaymaychangeonthe first day of , and on that day every sixth month thereafter. Each date on which my is called a "Change Date," (B) The Index Begirming with the f t 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 ("UBOR"), as pu Ished In The Wall Street Journal. The most recent Index figure avaUable as of the date 45 days befor each Change Date is called the "Current Index," If the Index is no 10 r available, the Note Holder will choose a new index that is based upon comparable information. Note Holder will give me notice of this choice. (e) Calculation of anges Before each Cha Date. the Note Holder will calculate my new interest rate by adding SEVEN & ONE-QUA TER percentage polnt(s) ( 7.250 %) to the Current Index. CONY . BC - ARM Rider 1 U193-XX (06104) Inltials:/E';(f{ ~ Page20f5 BK I 9 I 6 PG 2 I 3 . . . . DOC ID i: 000110~0965807005 The Note Holder wlU round the resuK of this addition to the nearest one-elghth of one percentage point (0.125010). Subject to the limits stated in Section 4(0) below, this rounded amount will be my new interest rate untB the ne Change Date. The Note Holder II then determine the amount of the monthly payment that would be sufficient to repay the unpaid pri al that I am expected to owe at the Change Date in full on the maturity date at my new interest rate n substantially equal payments, The result of this calculation will be the new amount of my monthly yment. (0) Limits on I Rate Changes The interest rate I m r~ired to pay at the first Change Date wiU not be greater than 10 . 37 5 % or less an 8 . 8 7 5 % . Thereafter, my interest rate will never be increased or decreased on any ingle Change Date by more than ONE & ONE-HALF percentage point(s) ( 1 . 500 %) from the rate of interest I have been paying for the preceding six months, My interest rate will never be ,greater than 15.875 % or less than 8 . 8 5 %. tE) Effective Date Changes My new Interest rat will become effective on each Change Date. I wiD pay the amount of my new monthly payment begin lng Qn the first monthlY payment date after the Change Date until the amount of my monthly payment anges again. (F) Notice of Chao The Note Holder II deliver or mail to me a notice of any changes 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 w to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice, B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 8 of the Security Instrument is amended to read as follows: Transfer of e Property or a BenefiCial Interest In Borrower. As used in this Secllon 18, "Intere In the Property' means any legal or beneficial interest in the Property, including. but not Ii lted to, those beneficial intereslS'transferred In a bond for deed. contract for deed, instaJlme sales contract or escrow agreement. the intent of which Is the transfer of title by Borrower t a future date to a purchaser, If all or any p of the Property or any Interest in the Property Is sold or transferred (or if a Borrower Is t a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require Immediate payment in full of all sums ured by this Security Instrument. However, this option shall not be exercised by if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option it: (a) Borrower causes to be submitted to Lender Information required by Lender to evalu e the Intended transferee as if a new loan were being made to the transferee; and (h) ender reasonably determines that Lender's security will not be Impaired by the loan assum 'n and that the risk of a breach of any covenant or agreement in this Security Instrument s acceptable to Lender. CONY . BC - ARM Rider lU193-XX (06104) lnitials:A'.iC( 0(k- Page 3 of 5 BIU916PG2 14 . ;, , DOC rD t: 00011080965807005 To the extent rmilted by Applicable Law, Lender may charge a reasonable fee as a condition to Le r's consent to the loan assumption. Lender may also require the transferee to sign assumption agreement that Is acceptable to Lender and that obligates the transfeJee to p all the promises and agreements made In the Note and in this Secunly Instrume . Borrower will continue to be obligated under the Note and this Security Instrument unless er releases Borrower in writing. If Lender exe ses the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the lice is given in accordance with Sectfon 15 within which Borrower must pay ail sums secur by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of period, Lender may invoke any remedies permitted by this Security Instrument without rther notice or demand on Borrower. CONY . BC - ARM Rider 1U193-XX (06104) Page40f 5 Initials' /Ii q t.J (.k BK I 9 I 6 PG 2 l} I S 4 _ . . . . .. DOC ID i: 00011080965807005 BY SIGNING BELO , Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. (Seal) - Borrower Seal) - Borrower Seal) - Borrower (Seal) - Borrower CONV . BC - ARM Rider 1U193-XX (O6/04) page 5 of 5 Recorder of DeedS Bl{l916PG2d6 Dale: 712S12oo5 , .,.. ~. .. , · t ' -"!oO~der NUJDher: 000027125 Re: Rona1d Lee Armold Wanda llay Armold ALL THAT CERTAIN lo Township, Cumber Ian follows: BEGINNING at railro at the Southwest co lots; thence throuq seconds East 98.09 same North 40 degre centerline of State Buer, III; thence b 443.19 feet to land said land South 60 iron pin; thence by Hostetter, South 60 post; thence by Ian 37 minutes 15 secon by land now or form minutes 34 seconds State Route No. 099 BEING Lots Nos. 3 a Hippenstee, dated S Recorder of Deeds i page _' Page: 6 of 6 BKI916PG '. . 556 ROXBURY ROAD NEWVILLE, PA 17241 CUMBERLAND County BXR:IBIT lA' or piece of land situate in Upper Mifflin County, Pennsylvania, bounded and described as d spike in the centerline of State Route No. 0991 ner of Lot No. 3A on hereinafter mentioned plan of said centerline, North 42 degrees 7 minutes 36 eet to an existinq p.k. nail; thence continuing by B 42 minutes East 491.23 feet to a point in said Route No. 0997 and land now or formerly of Russell last said land South 48 degrees 18 minutes East now or formerly of COnnie Brymesser; thence by last agrees 3 minutes West 518.02 feet to an existing the same and land now or former1y of Alan R. degrees 25 minutes 20 seconds West l25.14 feet to a now or formerly of Donald M. Kail North 42 degrees s West 70.0 feet to an existing iron pipe; thence rly of Richard L. Clair, Jr., North 45 degrees 8 est 159.85 feet to a point in the centerline of to the point and place of BEGINNING, d 3~ on Final SUbdivision Plan for Carl J. Ptember 10, 1992 and recorded in the Office of the and for Cumberland County Plan Book _, Vol. 417 line: 1:38:17 PM Older Number 000027125 . . . . . EXHIBIT At . . PAlpanId by:JAMIE CRAWFORD ORIGINAL LOAN .; 110809658 ADJUSTABLE RATE NOTE (LI8OR IDdex - Ro" Caps) THIS NOTE CON AINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY AYMENT. TIllS NOTE UMITS TIlE AMOUNT MY INTEREST RATE CAN CHANGE AT AN ONE TIME AND THE MAXIMUM RATE I MUST PAY. JULY 26, 2005 (o-le) NEWVILLE [City] PENNSYLVANIA [ShI,j 556 ROXBURY RDt NEWVILLE, PA 11241-8628 _,-I 1.BORROWllR'Sl'RO TOl'AY lnretum for aloan II bavereceived, I promise 10 pay U.s, $ 124,695,00 (Ibis llDI01Illl is called "Principal"), ptus inll>rest, 10 the Older lhe Lender, The Lender is COUNTRYWIDE ROME S, INC. I will make all paymenlS tllia Nolo in the f()Oll of cash, check oc money Older, I understand that the Lender may transfer this Nato. The Lender or anyone who takes this Note by tranSfer and who is encit1ed to receive under this Notejs called I)le "Note Holder," 2.1NTEllF8T ]nterest wiD be char rate of 8.875 %. The interesl.... described in Section 7(B) on unpaid principal nntillhe fnIl amount of Principal bas been poid. I will pay i........ at a yearly ....... _I will pay may change in _nee with Section 4 of Ibis Note. by Ibis Section 2 and Section 4 of Ibis Nolo is the rate I will pay both before and after any defaolt this Nole. 3.l'AYMENTS (A) 'l1me and l'Iace I will pay principal 1 will inake my moo SEPTEMBER 01, 200 any other~_ due dalo and will be Note.! will pay those I will make my P.O. Box 660694, oc at a dil!ereal place jf (B) AmounlofMy Each nf my initial (C) 1IIoalhly Po Changes in my mon pay, The Nolo Holder will Section 4 of this Note. Paymeuta ....... by making a paymeat every month. y payment OIl the first day of eadl month beginning on , I will make these payments every ..ooth unlill have paid oil of the pdncipal oed ....- and be10w !hat I may owe under Ibis Nolo. Each monthly payment will be applied as of its scheduled lOinterestbeforePrincipal,lf;on AUGUST 01,2035 ,I still owe amounts under Ibis 16 in full on that date, which is called the "Maturity Date." y payments at D llas, TX 15266-0694 'red by the Note lIoJder, , Monthly PaymeaIs ly paymenlS will be in the amnUlltofU.s, $ 992,13 Chaages Y payment will reflect changes in tho unpaid Principal of my loan and in the intecest rate that I must etermine my new interest rate and the changed amount of my monthly payment in ~ with_ . 'Ibis amount may change. 4.INTJlREST RATE (A) ChaDgenalos The interest nuc I wi eVerf sixth month (8) The IDdex Beginning with the offered rares for six-month Joumal. The most recent H the Index is no The Note Holder wUl give (C) CalcDIalioD of Before eacl\ SEVEN , ONE-QUAR'l'E round the rosoI. oflllill Section 4(0) below, Ibis MONTHLY PAYMENT CHANGES paymaychangeonlhe first dayof AUGUST, 2008 . and on that day . Each date on which my intercstral:e could change is called a "Change Date." l Change Date, my interest..", will be based on no Index. The "Index" is the a_e of interbank .s. doIIar-dellomlnated deposits in the Loodon _ ("LIBOR"), as pnbliBhed in Th, Wall Sir"" figore available as of the dalo 45 daya before the Change Dalo is called lhe "Coaent Index. " available, tM Note Holder will choose a new index that is based upon comparable information. aotleeoflbischoice. ea c Date, the Note Holder will ca1culare my new interest rate by adding percenl8ge point(s) ( 7,250, %) 10 tile Coueat Index. The Nolo Holder will then . tioo 10 lIle ....... one-eighth of one percenlagO point (0,125% ~ Snbject to the limits slated in 8DlO\1Ilt will be my new interest rate until the next Change Date. PENNSYLVAMA AOJUSTAB RA1"E NOTE. UBOR INDEX. SIngle Family CONV . BC-ARMNote 20178-PA112/02)(d) PlIQlIl1af3 .....,JCLCf . . 23 9 9 1 .. 11,"','1'1 I:' I i I ! I ' I I 'II' I I I ' I , I I I I I : I I 1111 *1108096580000020178* '-- --.......- . . LOAN I, 110809658 The Note Holder w I Iben detemIine the omouet of thc montbly paymentlhat would be sufficieDl.to "'P"Y the I1lIp8ld principal lhall om fa owe at the Change 0... in full OIl the maturity date at my new inJereslrale in subalantiaDy equal paymenlB. The result of cat_OIl will be the new _ of my lIlOI1IhIy payment. (D) Llmils onlDter t \late Changes The interest tale I requited lo pay at the fiIIIl Change Date will oot be grealCt than 10.375'" or leas than 8 ,875 ..., , my interest late will never be increased or _ on any single Change Date by more than ONe i ONE-HALF percentage point(s) ( 1 .500 %) from the.rate of interest I have been paying for the p.recedina: six mooths. My interestratc will neverbe greater than 15.875 % or tes., than 8.875 9li. (Il) Bfleetive Dale Cbanges My new interest will become effective on each Olange Due. 1 wiD pay the amoont of my new monthly payment: bes;ioning on the I'ust m payment date after the Change Date until the amount of my monthly payment cbangea agaqa. (Ii) Notice of Chang . The Note Holder . deliver or mail to me a. notice of any changes in my interest rate and the amount of my monthly peymenl before the .a e dale of aoy chaage. The noIice will include _tion required by law lo be givea me and also the title and telephone er of a pezson who will answer any question 1 may have regudiog the notice. 5. BORROWER'S RI TO PREPAY I bave the righlto pay...... of Principal alany time before they are doe. A prepaymenl of aU of the unpaid principal is kocwn aa a "Full Pr L" A prepayment of oaly part ofthc unpaid principal is known aa a "Partial PrepaymcnL" If thc original Prin<i 1 amoont of Ibis loan is $50,000 or Iesa, I may _e e Full or Parrinl Prepaymem _ paying a JlS!!!ty, However, if thc ginal Principal amonnt of tbls Nolo exceeds $50,000, Ulmay prepay thisN in fuIl at any timewithoutpena1ty. lKJ Ifwilb1n the first TH RTY SIX months after the e.xecotion of the Note, I make any plq)I.yment{s) within any l2.-monlh period, the lo of which exceeds 20 percen. (20%) of Ibe origioal principal .......t of tbls loan, I will pay e prepayment peoalty in an WIt equallo the payment of six (6) months' advance interest on the amonnt by wbicb the 10IaI of my prepayment(s) wilbin tl2-mcolh period exceeds 20 percent (20%) of the original principal amoonl of tile leon, 6. LOAN CHARGES If a law, whicb appli to this loan and wbicb.... muimnm loan _ge~ is finally inteq>reted oolhal the inIeresl or other loan cIlarges collected or be collected in connection with tbls loan exceed thc permitted Iimils, tben: (a) aoy snob leon cbatge sltall be rednced by the t necessary to _ the chaqe lo tile pconiued Iimi~ and (b) ooy sums already collected from me wI1ic11 CJOJCedcd penni ed limits will be refunded lo me. The Note Holder may cI100se lo maIr< tbls refund by reducing the Principall owe under this Ole or by making a direct payment to me. If a l'tfund reduces J?rincipal, the reduction will be treated as a Partial Prepayment. 7,BORROWER'SFAIL RE TO PAY AS REQUIRED (A) Lote Chargea 0_ Payments If the Note Holder not teCCived Ihc full amount of any lIlOIllbly paymeot by the cod of FIETEEN calendar days after the date ic is d I will pay a late charge to the Note Holdet. The amount of the chatge wiD be 5 ~ 000 .. of my overdoe payment of prio' and interest. I wiD pay this late charge promptly but only once on each late payment. (8) Default lfl do not pay the full (C) Noll.. of Default If I am in defauI~ the certain dote, the Nole Ihe inter~ that I owe on delivered by other means. (Il) No Waive< by No Holder Even if. at a time I am in defaulI., the Note HoJdcr does notrequire me 10 pay iD1mediately io full as described above, the Note Holder wi118bll he e the right to do so itI am in default at a later time. (E) Payment ofNoIe older'. Costs IlI1d ExpeDsea If the Nole Holder I1aa aired me lo pay immediately in full aa described above, the Nole Holder wiU have the right to be paid bock by me for all of costs and expenses in enfOlcing Ibis Nole lo thc extent not prohibited by sppIicablc law. These e_ include, for e, reasonable attorneys' f.... aunt of each monthly p8ymenl on the date it is due, I wjJJ be in default ate Holder may send me a writcen notice tc11ing me that if I do not pay the overouc amount by a may require me 10 pay immedia1cly the full amount of Principal whicb baa not bceo psld ood aU t amounL That date nmat be at least 30 days after the date on which the notice is mailed to me or 8. GlVlNG OF NOTICES Unless Ipplicable law a different method. any notice that must be given 10 me onder dris Note wiD be given by delivering it or by mailing i by filSt class maillo me at Ibe Property Addres. above or at . <lift..... _ if I give the Note Il<>lder a pc<Icc of my addresa, Any notice that must e given to the Note Holder under this Note wiD be given by delivering; it or by mailing it by first class mail 00 the Note HoJ at lhe address stated in Section 3{A) above or at a different address ifl am given a notice of lh:at: different address. CONV . BC.ARMNoIe 20178-PA(1~ Pa!le2of3 .....,&fJ .,.. --" . . LOAN .: 110809658 ,. OBLIGATIONS OF ONS UNDER THIS NOTE If more than ... signs this N.... eacb _ is fully and perllOI18Ily obligated to koep 011 of the promises made ia this ~ inebJdillll the mise to pay the fulllllllOlll1t owed. Any _ _ i& a _lor, sutely oc endoracr of Ibis Note is also obligated to'dc 1biags. Any peaon who -. over lbeae oblisations, iocloding the obIIpIioos of a guarantor. _ or endotset of this Note,' also obligated to keep all of Ihe promises made in. dais Note. The Note Holder may enfbree its rights under this Note against h person individually or against all of liS together. 'Ibis means that any one of us may be required to pay aU of the amounts 0 under this Note. 10. WAIVERS I and any other woo bas obligatlOl18 1llldet thI. Note waive tbe rigblS of _..- oed Notice of D_, "Presentment" means the . gbt to reqnire the N... Holder 10 demand payment of 81llOUI1IS doe, "Notice of DisItonor" me... the right to require the Note older to give notice to other persons that amounts due have not been paid. lL UNIFOllM SE This Note is a unW Note Holder untie< tIri. N a Mortg&ae, Deed of Trust. or Sceority Deed (the "S~ty Ins_"), dated the same date os Ibis N.... prot.... lite e Holder from pos.ible 1..... wbieb migbt _ if I do oot koep the promiaea which I make in Ibis Nole. ThaI Security Ins dea..:ibes bow and 1llldet what eonlfitiOll8l11lBY be reqniIed to make immediate paymeat ia full of all amounts I owe this Note. SOme of those oondidons are described as follows: If an or any of the Property or any InteJest in the Property is sold or traDSfeacd (or if Bauower is Dot a naeural penon and beneficial intcR:3tin Bonowcr is sold Of transferred) without Lcndet's prior wriuen consent. Lender may reqnire 'ate paymeatin full of 011..... ....rod by Ibis Seenrity In_I Howeve<. this oplion aballoctbe by Lender if ..... _is probiblted by AppIlcable Law, If Leode< . litis oplloo. LeocIer sballiive Bean_ notice of _ '!be notice sball provide . period of not 1... 30 days from the elate the notice i. iiv", in _ with Seclioo 15 within wbieb Bonowet: Ill\Ilt pay 011 ..... by Ibis Security _. If Boaower fails to pay theac ..... prior to the expiration of lIti. period, Lender invoke any remedies pennitted by litis Security Instnunenl withont tilrtbe< notice or demand on Borrower. WITNESS TIlB IlAND(S AND SEAL(S) OF TIlB UNDERSIGNED, ~;{-=~ (Seal) .......... RONALD LEE ARMOLD (Seal) .B_ (Seal) .B_ (Seal) -BGmI'Iftlr {Sign Original Only] CONV . ec-AFlMNote 20178-PA(1~ Page30rS . . . '.. .. EXHIBIT A2 17 tp ~ I-::'V~":)V f 2-%1 q w'" ~,;';5itrf,i;'. ~~-~L~LER il~~~Jid6':Dg€ US CiiMIl~IlLMtO COU 'IT~.I'A Being Known as Premises: 56 Roxllltry Road, NeWvIlle, PA 17241 Parcel No: 44-86-0037-00 A Aiso the BoodorObUgalio In the said IodenlllR ofMonpge reclled, sod all MollO)ls, Priocipalllld Interest, duellDd to grow due thereon, with 1he lIITint of Allomeyto lIIo $aid ObUgatiOl18llllOXod. Togethorwith all RlgIus, Remedillo sod Incidents dwn:unIo beloag' . And aU ilS RighI, Title, lnt:eniot, Property, Claim sod DeWaod, in and to the saine: TO HAVE, HOLD, NE AND TAKE, all and siDgular the hemlit8mcnts and premiaes henlby grutted end asoigned, or meulioned aod lendod so to be, with the appurteilaDces IIlII.O Auigaee, ita.- and assijjoo, to sod for i18 oolyproper litle, beoefit behooffurever; lIUbjecl, ncwr1bcloos, to the equityof ~on ofoaid Mortgagor in the said lndcnlllR of Mortgage named, sod bisIherItbeir heirS and asoips theAlin. IN WITNEss WHEREOF, the said" ~or"!tIS Caused ilS Co~ Seal to be beniin affixed and the$e preaen18 to b~ d~yexec~ by:~i&,:', offi~>~;:l.~'#Y..efJ~,'~i,h ",;, ,;'; . 20~, " Mortcace lllra lae., , M Nomla" allo, lac. Scaled and Delivered in the presence of us; =~'~'L' Atteat: State of TEXAs County of COlliN .., On this , day of l"i'vbJ ph . 20JliL before DlC, tbesubocriber, per!OlllIUy appc:ated , who acb.owleclgedhlm/herselfto be the As8istam Vice President ti'adfHI S7ll<_ (nc." ' . . . eeFor COIlatrywlde Home Loa.., lac. .' and that belshe, .. such Assistant Vice to do so, eXeeuled the fon>goiag ilistrument for the putp06eS tbmin contaiDed, IN WITNESS IMN ....\EfT Com.l~ExpileS' Juf>e 10, 2Oll8 . ,. . :< "; ~'-j .:,: ;!i,. L.i.. i..: ':' '.~~.;. .' , ,_' '.; :.~. '_\'/. . ,)._": ..,.~!'11:),',;~~i }~;(.;'c~;_.:'q(. ~t:.~,;.~~.:<::..;, ..:~,:\':..:'\'. L of Mortpce Electr!lnie MNo President, being authori Sta.plS TIic precise addR.ss of the ~riamed"~~{; , 71.05 C"..,..iateDrlw' ,. P1aao,' 7SGi4" By: '." ..y~r.--rdblll~~ntlo:, :.,.., '- ,. ",;PDEtAN, IIAO.INAN & S,CHMIEG L.L.P " "",Oli~'i.edltc~tii-' ,<'"".1...,;,,",' ,0,,"; ,"',';" :;' '::';" , , 1617 J.F:K.BlvtL, StC.l480 .', , . ,nn.delpItJa,P~_~.PG:Z&2;~' ..,.....':' ".'.I..it,' .' 3110/06 , M1e\iaeIGoo.ulez , 110809658 01/26/2006 17:5% TEL 71759 7784 ":7~ <l1iMlr "Bu: 000027 25 a.: ....DOU_ -Iq J CONJW) - 556 aQXIIVRf ROAl) .BlfVILLI:, P/I 17241 CUlIllsaWllO Co\U\ty ~'A' ALL TIlAT CEIITA N lot or piece of 1111ld situate in OPI'O& lI1fflJ.n Town.hip. C la.nd COunty, '.lll1.ylv.ni.a, ~Q~a.d.d aAd cH:.e:rJ.:bed. .t tollCNa: BEGIRNIIG ot r il.oad Ipit. in tb. OlDt.clin. of 9tot. lout. Mo. 0117 .t the $out.hv. t. come" of Lot 110. JA OR. b.lC'.ia.(~.r ..."t!on..1(t pltila. file lot.; theRe. au~~ ,Aid c.Dt.~11n., _orth .2 d49"" 7 ~ft~t.. 'f ..condl Io.t t .at t..t to on ..i.tlng p.k. 00111 Ch.no. o.o~lnulog by lama Mo.th 40 .g.... 42 ainut.1 lao' 491.2~ f.et to 0 polnt ln ..id centedi.e of tat. llOut. 10. 0187 ond .Loud now o. ComedY ,'f lIu...11 B.... tIt, tbo ..,by last said laad SOUeD 48 d.g.... 11 ain.to. Ba.t 443.11 hot t. 10ntl now oe f._ely of (;Ow. Bcyao..O&, 1:hiorc. by lOlt ....1d land. Sout 60 dfl9'z... 3 Illinut.. W.n. 518.02 E..t to an ~utht!tl,q i,;'OQ piAl tl\eA . by Ut ,.. aDd. 1.ad now or fOJ'Mrly of Alar. It. Ho.t.tt.e, So. b fO 4.g.... 25 ainn... 20 ..oontl. .... 125.14 foet to . po,;, tb'~Q. ~ l.~ UQ. G~ fO~t~y gf Don,lQ M. Jail loC'th 42 de~~ees 37 .ln~.e. 1$ loondo ..,t 1Q.Q lttt to aa OXISting icon ~ipc, thonc. by land now or formerly of ~tcn.rd ~. c1a1r~ Jt., Kerth tS d.V~..' 8 .tD~t.& 34 see ~da .eat 159.85 I.at to . ~!nt in tbe c.~t.~Jin. of Stt.e ~.te.o QPI7 to .h. point luG pl&.. at IEGIHHIRG. BIING Lots Mos 3 .ad 3A on tin.l SUbdivi.1on Plaa fc& Carl J. Bipp.a.~..1 4& td S~tembe~ 10, 1992 an4 r.cocded in the OffJc. ot the Recorder of 0. da ~n and for Cu.berland County Plaft BOOk ___, Vol. ___, P19' _' P_Iall OK I 9 I GG 2 4 I 7 " ."'-" :J;>;..G~\Jca I' ""j''''l'''''''' ,," CO'U 11ty PA H "'--'~, 1J. ;'WL.~~:, ,,\.1 , . " -:\ . "I :'~,'.",/J ",~ of' ,. 'V' RecorC1er of Deeds .12,i:PG2t1~$ ., ,. . .~ ~. 121020 limo ':H:l11'M -,' 00I0r_ _12& ,- . . EXHIBIT B ) ss. COUNTY OF COLL ) Sudeshna Ghos -Pandey, being duly sworn according to law, deposes and says: 1. I am empl yed in the capacity of Legal Liaison at Countrywide Home Loans, gage servicing agent for Plaintiff in the within matter. In said c acity, I am familiar with the account that forms the basis of the instant foreclosure acti and am authorized to give this Affidavit. ustodian of records for the within matter, STATE OF TEXAS 2. 3. I am the 4, All prope Defendants' accounts, payments made by Defendants have been credited to 5, Defenda ts' mortgage payments due October I, 2005 and each month thereafter are due and npaid. 6, The amo nts due on the mortgage were correctly stated in the Complaint as follows: Principal Balan Interest Septemb r I, 2005 through MArch 9,2006 (Per Die $30.72) Attorney's Fees Cumulative Lat Charges July 26, 005 to March 9, 2006 Cost of Suit and Title Search S btotaI Escrow Credit Escrow Deficit T $124,625.09 $5,836,80 $1,250.00 $198,44 7, Defenda ts have failed to reinstate the account or offer any reasonable solution to cure the arr ars on the past due mortgage payments. 8, Plaintiff rovided mortgagors with a Notice ofIntention to Foreclose Mortgage, but Defend nts did not take the necessary affirmative steps to avoid foreclosure, $550.00 $132,460.33 $0.00 $100.60 $132,560.93 9, Plaintiff roperly accelerated its mortgage to protect its interes Name: udeshna Ghosh-Pandey Title: Legal Liaison . , File Name and Number: R n ld Le CRIBED DAY Countrywide Home, Loans, Inc, GREGORY PRICE My Commission Expires November 25. 2007 , Account No.: llO809658 . .. . . . EXHIBIT C . . PHELAN HALLINAN & SC G, LLP LAWRENCE T. PHELAN, E Q., Id. No. 32227 FRANCIS S. HALLINAN, E " Id. No. 62695 ONE PENN CENTER PL SUITE 1400 PHlLADELPlllA, PA 19103 215 563-7000 COUNTRYWIDE HOME L ANS SERVICING, LP, FOR TIffi BENEFIT 0 MORGAN STANLEY MORTGAGE C ITAL, INC. 7105 CORPORATEDRIV PLANO, TX 75024 ATIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO, CUMBERLAND COUNTY v, RONALD LEE ARMOLD WANDA KAY ARMOLD 556 ROXBURY ROAD NEWVILLE, PA 1724] Defendants CIVIL ACTION - LAW LAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued i court, If you wish to defend against the claims set forth in the following pages, you must take action ithin 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 ju gment may be entered against you by the court without further notice for any money claimed in the co plaint or for any other claim or relief requested by the plaintiff. You may lose money or property or oth r rights important to you, YOU SHOULD TAKE IS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEP ONE THE OFFICE SET FORTH BELOW, TIDS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOU HIRING A LAWYER, IF YOU CANNOT AF ORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION OUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED F E OR NO FEE, Lawyer Referral Service CUmberland County Bar Association 32 South Bedford Street Carlisle. PA \70\3 (800)990-9\ 08 File #: 130230 . . File #: 130230 IF THIS IS FIRST NOTICE TIlA T YOU HAvE RECEIVED FROM THIS OFFIC ,BE ADVISED TIlAT: PURSU TO THE FAIR DEBT COLLECTION PRACTIC S ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFEND (S) MAY DISPUTE THE VALIDITY OF THE DEBT OR PORTION THEREOF. IF DEFENDANT(S) DO SO IN ING WITHIN THIRTY (30) DAYS OF RECEIPT F THIS PLEADING, COUNSEL FOR PLAINTIF WILL OBTAIN AND PROVIDE DEFEND (S) WITH WRITTEN VERIFICATION THEREO ; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE V ID. LIKEWISE, IF REQUESTED WITHIN THIRTY ( 0) DAYS OF RECEIPT OF THIS PLEADING, COUNSE FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAM AND ADDRESS OF THE ORIGINAL CREDITO , IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END F THE THIRTY (30) DAY PERIOD FOLLOW NG FIRST CONTACT WITH YOU BEFORE SUING Y U TO COLLECT THIS DEBT. EVEN THOUGH THE LA PROVIDES THAT YOUR ANSWER TO THIS COMPL NT IS TO BE FILED IN THIS ACTION WITHIN TWENTY 20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT IME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXP TION OF THIRTY (30) DAYS AFTER YOU HAVE RE EIVED THIS COMPLAINT. HOWEVER, IF YOU REQ ST PROOF OF THE DEBT OR THE NAME AND ADD SS OF THE ORIGINAL CREDITOR WITHIN THE TH TY (30) DAY PERIOD THAT BEGINS UPON YOUR RE EIPT OF THIS COMPLAINT, THE LAW REQUIRE US TO CEASE OUR EFFORTS (THROUGH LITIGATI N OR OTHERWISE) TO COLLECT THE DEBT UNTIL MAIL THE REQUESTED INFORMATION TO YOU. YO SHOULD CONSULT AN ATTORNEY FOR ADVICE ONCERNING YOUR RIGHTS AND OBLIGAT ONS IN THIS SUIT. IF YOU H VE FILED BANKRUPTCY AND RECEIVED A DISCHAR E, THIS IS NOT AN ^ TTEMPT TO COLLECT A DEBT. T IS AN ACTION TO ENFORCE A LIEN ON REAL ES ATE. , . 1. Plaintiff is COUNTRYWIDE H ME LOANS SERVICING, LP, FOR THE BE IT OF MORGAN STANLEY MORTG GE CAPITAL, INC. 7105 CORPORATE RNE PLANO, TX 75024 2. The name(s) and last own addressees) of the Defendant(s) are: who is/are the mortg ores) and real owner(s) ofthe property hereinafter described. RONALD LEE WANDA KAY 556 ROXBURY RO NEWVILLE,PA 1741 3, On 07/26/2005 mort agor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC"AS NOMINEE FOR CO TRYWIDE HOME LOANS, INe. which mortgage is recorded in the Office of the Record r of CUMBERLAND County, in Mortgage Book No, 1916, Page: 2395, PLAINTIFF is now e legal owner of the mortgage and is in the process of formalizing an assignment of same, 4, The premises subject to said mortgage is described as attached. 5, The mortgage is in d fault because monthly payments of principal and interest upon said mortgage due 10/011 005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failu e of mortgagor to make such payments after a date specified by written notice sentto Mortg or, the entire principal balance and all interest due thereon are collectible forthwith, File #: 130230 . . 6. The following amoun are due on the mortgage: Principal B Interest 09/01/2005 ough 03/09/2006 (Per 'em$30.72) Attorney's ees Cumulative ate Charges 07/26/2 5 to 03/09/2006 Cost of Suit d Title Search Subtotal Escrow Cre it Defi it Subtotal T $124,625,09 5,836.80 1,250,00 198.44 $ 550.00 $ 132,460.33 0.00 100,60 $ 100,60 $ 132,560.93 7, The attorney's fees se forth above are in conformity with the mortgage documents and Pennsylvania law, an will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reins ted prior to the Sale, reasonable attorney's fees will be charged, 8, Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program p suantto Act 91 of1983, as amended in 1998, and/or Notice of Default as required by the mortg ge document, as applicable, have been sent to the Defendant(s) on the date(s) set forth there n, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhav failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency, 9, This action does not me under Act 6 of 1974 because the original mortgage amount exceeds $50,000, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 132,560.93, together with int rest from 03/09/2006 at the rate of $30.72 per diem to the date of Judgment, and other costs an charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, File #: 130230 LINAN & SCHMIE/Gt~ , .~~ By: IslFrancis S. HallinaO LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff 6. The following amoun are due on the mortgage: Principal B lance Interest 09/01/2005 ough 03/09/2006 (per 'em$30.72) Attorney's ees Cumulative te Charges 07/26/2 5 to 03/09/2006 Cost of Suit d Title Search Subtotal $124,625,09 5,836.80 1,250.00 198.44 $ 550.00 $ 132,460.33 0,00 100.60 $ 100.60 $ 132,560,93 7, The attorney's fees se forth above are in conformity with the mortgage documents and Pennsylvania law, an will be collected in the event of a third party purchaser at Sheriff's Sale, If the Mortgage is reins ted prior to the Sale, reasonable attorney's fees will be charged, 8. Notice of Intention to oreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program p rsuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortg ge document, as applicable, have been sent to the Defendant(s) on the date(s) set forth there n, and the temporary stay as provided by said notice has terminated because Defendant( s) has/hav failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency, ' 9. This action does not c me under Act 6 of 1974 because the original mortgage amount exceeds $50,000, WHEREFORE, PLAINTIFF demands an in 1M! Judgment against the Defendant(s) in the sum of $ 132,560.93, together with int rest from 03/09/2006 at the rate of$30,72 per diem to the date of Judgment, and other costs an charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. File #: BOnO . 'e eo FRANCIS S. . 'VF.RImCA TIoN INAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in. this matter, that Plainti is outside the jurisdiction of the court and or the Verification could not , be obtained within the fun allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. _ C. P. 1024 ( c) and that the statements made in the foregoing Civil , Action in Mortgage Forecl sure are based upon information supplied by. Plaintiff and are true and correct to the best of Ills wledge, irifonnation and belief. Furthetmore, it is counsel's intention to substitute a verification m Plaintiff as soon as it is received by counsel, The undersigned underst ds that this staternent is made subject to the penalties of 18 Pa, e.S. Sec, 4904 relating to unsw m falsification to authorities. DATE: [) ~ 1rJ~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff , . EXHIBIT D ,"S '30'UO IN THE CURT OF COMMON PLEAS, CUMBERLAND COUNTY COUNTRYWIDE HO ET.AL., LOAN SERVICING, PI 'ntH! CIVIL DIVISION Case No,: 06-1378- Civil Term vs, RONALD LEE ARMO D and WANDA HAY ARMOLD, o COMPLAINT IN MORTGAGE FORECLOSURE AND NOW corn (s) the defendant(s) by and through attorney Frank E, Yourick, Jr" Esquire, and rnake(s) the following Answer to Cornplaint in Mortgage Foreclosure: 1. Paragr phs 5 and 6 of the cornplaint are denied, Specifically, it is denied that the alleged amounts due n the principal balance, interest, court costs, escrow overdraft, late charges, and attorney's fi s are accurate. The debtor cannot verify the actual amounts due as this information is exclusivel within the control of the plaintiff and strict proof thereof is dernanded at tirne of trial. N W MATTER - AFFIRMATIVE DEFENSES endant( s) will rely upon all of the following defenses: I, Plainti s cause of action is in violation of the Fair Debt Collection Practices Act, 15 USC 1692-1692a 2, Plainti s cause of action is barred in whole or in part by the doctrines of waiver and estoppel. WHEREFORE, the defe dant(s) pray(s) that plaintiff's cornplaint be disrnissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the rnortgage current. Frank E, Y ick, Jr" Pa. ID # 002 5 P,O. Box 644, Murrysville, PA 15668 (412) 243-5698 CERTIFICATE OF SERVICE I certifY that on 7th day of April, 2006, I served a copy of the Answer to Plaintiffs Complaint upon the foIl wing by US first class rnail, postage prepaid: Janine Davey, Esquire Site 1400, One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard Philadelphia, P 19103-1814 Frank E. Y ouric " Esquir Attorney for Defendant(s) P,O, Box 644 Murrysville, P A 15668 (412) 243-5698 PA ID No,: 00245 . ... . . . " EXHIBIT E ~., IIPHEL N ~ HALLIN N ~SCHMIEG Matthew S, Connor, Esqui e Litigation Department April 26, 2006 Office of the Prothonotary Cumberland County Co One Courthouse Square Carlisle, P A 17013-3387 Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FAX: (215) 563-4491 Email: rnatthew.connor@fedphe.com Representing Lenders in Pennsylvania and New Jersey* Re: Countrywide Horn Loans Servicing v, Ronald Lee Armold, et al. Cumberland Count CCP, No. 06-1378 Dear Sir/Madam: Enclosed please fin Plaintiff's Reply to Defendants' New Matter to Plaintiff's Complaint and Certification of Service for ling with the court, Please return a tirne-stamped copy ofthe first page of the Reply and Certification in e enclosed self-addressed stamped envelope, Your cooperation in this matter is appreciated, Very truly yours, ~:2nnor, Esqurr MSC/kyd Enclosures cc: Frank E, Yourick, Ir Countrywide Home Account No.: H08 Esquire ans, Inc,(plano, TX)/Foreclosure Department 658 · Please be advised that this firm' a debt collector attempting to collect a debt. Any information received wi/1 be used for that purpose. If you have previously re eived a discharge in bankruptcy and this debl was not reafftrmed, this correspondence is not and should not be construed to be attempt to collect a debt, but only enforcement oflien against property, (' . . '\ PHELAN HALLINAN & CHMIEG, LLP BY: MATTHEW S, CO OR, ESQUIRE Identification No.: 92406 One Penn Center at Sub an Station, Suite 1400 Philadelphia, P A 19103-1 14 (215) 563-7000 Attorney for Plaintiff vs, I I I I I I I I anda Kay Armold I ndants I I Court of Common Pleas Countrywide Home Loans Servicing, LP, for the Benefit of Morgan tanley Mortgage Capital, Inc. Ronald Lee Armold and De Cumberland County Civil Division No, 06-1378 IFF'S REPLY TO DEFENDANTS' NEW MATTER 'de Home Loans Servicing, LP, for the Benefit of Morgan Stanley Mortgage Capital, Inc., by its attorne , Matthew S, Connor, Esquire, hereby files the within Reply to New Matter of Defendants Ronald Lee old and Wanda Kay Armold and in support thereof states as follows: Plaintiff incorporat s herein by reference the averments of paragraphs 1 through 9 of its Complaint as if set forth herein at len I. Denied, T e averments of paragraph one (l) contain conclusions oflaw to which no response is necessary, 2, Denied. T e averments of paragraph two (2) contain conclusions of law to which no response is necessary. 3, Denied, e averments of paragraph three (3) contain conclusions oflaw to which no response is necessary. By ay of further response, it is denied that Plaintiffs cause of action has not been processed in a timely rn WHEREFORE, P , tiff respectfully requests that the Court grant the relief as requested in Plaintiff's Cornplaint. Respectfully subrnitted, PHELAN HALLINAN & SCHMIEG, LLP Date: ~I JW~ BY: yrJ Matthew S. Connor, Esquire Attorney for Plaintiff VERIFICATION Matthew S. Conno , Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make . s verification, and that the statements made in the foregoing Reply to New Matter are true and corree to the best ofhis knowledge, information and belief. The undersigned derstands that this staternent is made subject to the penalties of 18 PaC,S. 94904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: Y/ f ~ 1M, BY: h~ Matthew S, Connor, Esquire Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 . . PHELAN HALLINAN & CHMIEG, LLP BY: MATTHEW S. CO OR, ESQUIRE Identification No.: 92406 One Penn Center at Sub an Station, Suite 1400 Philadelphia, PA 19103-1 14 (215) 563-7000 I I I I I I I I Ronald Lee Armold and anda Kay Armold I De dants I Countrywide Horne Loans Servicing, LP, for the Benefit of Morgan tanley Mortgage Capital, Inc. vs. . Attorney for Plaintiff Court of Common Pleas Cumberland County Civil Division No. 06-1378 CERTIFICATION OF SERVICE I certifY that a true d correct copy ofPlaintifI's Reply to Defendants' New Matter was sent via first class mail to the perso listed below on the date indicated: Frank E, Y ourick, Jr" Esq ire P,O, Box 644 Murrysville, P A 15668 Date: "1/Hlo /"vJ Matthew S, Connor, Esquire Attorney for Plaintiff c..... ..b..- '.1 -- PO""""",, T8II'IeCUa, CA 92589-9048 IIII1IIIII1 D7DDb~9316 Send~... To: PO BOX 660694 Oaras. TX 75266.{l694 Send Conupondence 10: PO Box 5170, US SV3148 8m1 Valley, CA 93065 1IIIIIIuIIIIM.llllulllIllllllIlllll.lllllllulll Ronald Lee Armold 556 ROXBURY RD NEWVILLE. PA 17241-8628 llS1201-8l..QPA1 PRESORTED First-Class Mall U.S. Postage and Fees Paid wao ,~ __ LOANS P.O. Sox 660694 Dallas, TX 1:1266-0694 Ronald Lee AnnoId 556 ROXBURY RD NEWVILLE, PA 17241-8628 Send Pa)ments to: PO Box M0694 Dellas, 7X 75266-0694 December 1, 2005 Certified Mail: D70Db493~! Return Reciept Requested Regular Mall Account No.: 110809658 Property Address: 556 Roxbury Rd Newville, PA Curnnt Servlcer: Countrywide Home Loans SefVicing LP To ACT 91 NOTICE E ACTION TO SAVE OUR HOME FROM FORECLOSURE 'S ltis AGE me 's in de ult and the nd... int i the d TANCE ROGRAII m o offici .10 save our c wi 01 MER C whenoue ith nnIi "es servI 011 aI. he vania Hous IN 30 OF 'f M ., .. 8IIC8 A I free at This Notice contains Import legal information. If you have any questions, representative. at the Consumer Credit Counseling Agency mlIY be . to help answer them. You may also want to contact an attom.y in your are.. The local bar association may be I. to help you find a lawyer. LA NanACACION EN ADJ TO ES DE SUMA IMPORTANCIA, PUES AFECTA SU llERECHO A CQN11NUAR VMENDO EN SU CASA, St NO COMPRENDE EL CONTENIDO DE ESTA NanACACl6N OBTENGA UNA TRADUCClON INMEDlAT TE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING ANANCE AGENCY) SIN CARGOS AL NIlMERO ME ONADO ARRIBA. PUEoe SER ELEGISLE PARA UN PREsTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S MERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDlDA DEL RECHO A REDIMIR SU H1POTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Ronald Le. Annold 556 Roxbury Rd Newville. PA 110809658 LOAN ACCT, NO.: ORIGINAL LENDER: CURRENT LENDERlSERVlC HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM Counbvwide Home loans Servicina LP HELP YMENTS PIllaM'-yalJ'alCOII1llUlllMrClliUdlecklIindCOl'NIPOflleI'Dll ct\Il9t ~areebrfll'/p8'fllleIWRtllllldorMftd<<lby~U' hnciIllnIlllalon. tubjed:loapplemlt 1IlW. . MaIIlyourcheckD8Y8bletD CountywIdIIHIlrrieUlal'llil . .....lIIIyotI'accowrtnll'ftberon your cIMck a moreyader . .....11II 1ft MY adcItIonII DounIB you 5elAc:I\ldng (I\liaf It moAlthan$sooo.~1ftld --I . Don\8ttalbyaurcbeckmtha .......""""'" . Don\lrEllMtecorl8Spondal'lle . Donhendcash Account Number: 11080966tl-5 Ronald Lee Armold 556 Rllllhury Rd Balance DuetJrdlargesllsted above: $3.656.71 flSof121112OO5. P...IjIdIIt.....~tl:lnllRtt.._lIdIIallhlBlIlUplII 1::-: Bla'AI Countrywide PO BOX 660694 oaUas. TX 75266-0694 11",1,1.1...1,1,11...11"11.,,,11,,1.1...1,,11,1,,,1,,1..1,111.,,1 ~ r I~ 110809658500000365671000365671 IF YOU COMPLY WITH THE ROVtSlONS OF THE HOMEOWNeR'S EMERGENCY MORTGAGE ASSISTANCE ACT OF ,lIB3 (THE "ACT"), YOU MAY E EUGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS B CAU&eO BY C1RCUMSTANCE1I BEYllNO YouR CONTROL, IF YOU HAVE A REASONASL PROSPECT OF BEING ABLE TOPAYYOllR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER EUGI UTY REQUIREMENTS ESTABUSHEO BY THE PENNSYLVANIA HOlI8ING FINANCE AGENCY, folowlng pages for specirlC in problem with the lender, you Assistance Program. To do Application with one of the de credit counseling agencies ha Pems)'Cvanla Housing Fins face-ta-face meeting. YOU l!Il!!!! RLE YOUR APPL CATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH I THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEOIATEL Y AND YOUR APPUCATION F MORTGAGE ASSISTANCE WILL BE DENIED, AGENCY ACllON . Available f s for emergency mortgage assistance are very limi1ed. They will be disbursed by the Agency under the eligibity aiteria est 'shed by the Act. The Pemsylvania Housing F'108OCe Agency has sixty (60) days to make a decision after it receives your pUcation. During that time, no foreclosure proceedings wil be pursued against you if you have met the time requirements set above. Yoo will be notified direcdy by the Pennsylvania Housing Finance Agency of its decision on your appication. _ Under the Act, you are entitled 10 a temporary stay of foreclosure on yOU" the date of this Notice. During that time you roost ammge and attend 8 "face-to-face- aedit counseUng agencies listed at the end of this Notice. TItS MEETING MUST OCCUR _ If you meet with one of the consumer aedit counseling agencies listed at r may NOT take ~on against you for t':*tY (30) ~ys after. the date of this~. ~ . tt is only necessary to schedule one face-to-face meeting. Advise your . Your mortgage is in default for the reasons set forth later in this f'kJtice (see ation about 1he nature of your defautt.) If you have tried and are unable to resolve this the right to apply for financial assistance from the Homeowner's Emergency Mortgage , you must fiB out, sign and file a completed Homeowner's Emergency Assistance Program gnated consumer credit counseling agencies listed at the end of this Notice. Only consumer applications for the program and they wJ1l assist you in submitting a oomplete applcation to the Agency. Your application MUST be filed or postmarked within thirty (30) days of your NOTE: IF YOU ARE CURR PART OF THIS NOTICE IS ATTEMPT TO COLLECT THE (If you have flied bankru NATURE OF TliE DEFAULT - 556 Roxbury Rd New\lille, PA IS SERIOUSLY IN DEFAULT YOU HAVE NOT MADE MON Y MORTGAGE PAYMENTS for the following months and the following amounts are now past due LY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING OR INFORMATION PURPO&eS ONLY AND SHOULD NOT BE CONSIDERED AS AN EBT, cy you can stili apply for Emergency Mortgage AssIstance.) MORTGAGE debt hefd by the above klnder on your property located at: Monthlv Payments' ctober, 2005 December. 2005 (3 moo,@ $1.185.831month) $3.557,49 November, 2005 (2 mos. @ $49.61/month) $99.22 LatA Charnes' ctober, 2005 Other LatA Charoe:s' otal Late Charges: ncollected Costs: artial Payment Balance: $0.00 $0,00 ($0,00) $3,656,71 TOTAL DUE: E FOLLOWING ACTION 100 not use if not aoolicablel HUT - You may cure the defautt within THlRlY (301 DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST Due TO THE LENDER, WHICH IS $3,656,71, PLUS ANY MORTGAGE PAYMEm-s AND LATE CHARGES WHICH BE ME DUE DURING THE THIRTY 1301 DAY PERIOD. shier's che 'fied check or e order made a and ent to: P ent mus be made eithe &maUlJ88:PrOlld~~aiIari:1Al61lbelow AcoourtNllmb&r.11 Ror\akI L_ Armold E-mail addrua How we poll your pili_nil: AI accepted P8)mtllfJldprlnclpelandlntllreBtwillbeappli&dt) the Iongeet OUIBtiIFdirQ inIlIlImentdue, unless otherWM 8:llp'&IlI1y prcAIIbd or llmiMI by n.' you 1LIbn1t8l'l amomt In 8dlIlIontoYOllSlheclded montNyalllOl.l'lt,wewRIspplyyoLr~. fono.: 0) to 0lAItftIng moICh/y P8)m- d prln:lpalllWtlnl1lrllt,(I)eBCI'llWd8flclerdel.(IiI)18 chirg8llandolWM\OWllIIyouowelncmrectkn with yo:.tl' 10M aI'IlI (N) to I9dl.<<:e the 0lDtMdlr9 prlrdpalbalancedyotrloal'l. Plea&eJllld/lfycu want an ackIllIcnal .snoort applied to fulWe pa}'llentll,ratl\e'thanp~nclpal !9d1.l:tia'l. POIIdIted dlltcks: Courcrrw\de'spoll~1s1000t accept postdDd medls. unleSS specifically ~eed to l:ValOM lXIllnselOrortechnician. not AIHlII~h1e\ F NO LT -If you 00 nctcure thedefaUt_ THIRTY 1301 DAYS of the date of this Notice,1I1o lender intends to exerci.. Its .. to IICC8Ierate the mortgage debt. ThIs means that the entire outstanding balance of this debt will be considered due mediately and you may lose 1I1e chance to pay the mortgage in monthly installment.. If full payment of the total amount: pas due is not made within THIRTY 130\ DAYS, the lender also Intends to instruct Its attorneys 10 start legal action to foree'" yow mortpged property IF 0 SED - The mortgaged property w~ be sold by the Sheriff lo pay off the mortgage debt. If the lender refers yot.W" e to its attorneys, but you cure the de&nqueooy before the lender begins legal proceedings against you, you d stll be re d to pay the mas~e attorney's fees that were actually ;nwrred, l4' to $50.00. However, if legal proceedings are started t you, you will have to pay al reasonable attorney's fees actually incured by 1he tender even if they exceed $50.00. Any stt 's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure default within the THIRTY DO\ DAY period, you will not b. n-quired to pay attorney', feltS. . If you have not wred the default within the THIRlV 130\ have begun, you am have the riItrt to cure the default and prevent the sale at any time ffs Sale. You may do so by paying the totai amount !hen past due, plus any late or other y's fees and costs connected with the foreclostre sale and any other costs connected with writing by 1I1e fender and by performing any other requirements t6lder the mortgage. Curing forth In this notice wi" n8otore your mortgage to 1I1e .ame po8oition .. if you had never OTHER 1 ENDER REIlEDI~S _ under the mo~e. lender may also sue you personally for the lMlpaid principal balance and all other sums due DAY period and fotec1osure up to one hour before the S charges then due, reasonable the Sheriffs Sale as specified' your def.utt in 'the manner defaulted. lIEST II mortgage property could be date of the Sheriff's Sale will be longer you wait. You may find 0 A E - it is estmated that the earliest date that such a Sheriffs Sale of the would be approximately six {a) months from the date of this Nolie.. A notJce of the actuat to you before the sate. Of course, Ule amount needed to cure the defautt will increase the at any time exactly what the required payment or action wll be by contacting the lender. ONTACT E Name of lender. nftywide Hom. Loans Servielng LP Address: Box 660694 DIllIn, TJ( 75256-0694 Phone Nwnb..-: 669-0102 Fu Numher' 577-3432 Cont.ct Person: P7X-36 lion: Loan Counslllor Yoo should realize 1hat a Sheriff's Sale will end your ownership of the mortgaged property and 'nue to live in the property after the Sheriff's sale, a lawsuit to remove you and your ftmishings rted by the lender at any time. - You may sell or transfer your home to a buyer or transferee who wi" asSlM1l8 the mortgage ding payments, charges and attorney's fees and costs are paid prior to or at the sale and that gage are satisfted. EFFECT OF SHERlFF'S SALE your right to oa:upy it. If you CO and other belongings coukt be A G debt. pro_ll1.t all the oolll the other requirements of the m YOU MAY ALSO HAVE THE RIGHT: TO SElL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTIT ION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CU ED BY ANY THIRD PARTY ACTING ON YOUR BEHAlF. TO HAVE THE MORTGAGE R STORED TO THE SAME POSITION AS IF NO DEFALL T HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, OU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CAlENDAR YEAR,) TO ASSERT THE NONEXIST NCE OF A DEFAUlT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MO TGAGE DOCUMENTS, TO ASSERT ANY OTHER DEF NSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BYTHE LENDER, TO SEEK PROTECTION UNO R THE FEDERAl BANKRUPTCY LAW, Your loan is in default. Pursu to your loan documents, Countrywide may, enter upon and conduct an inspection of your DjlODb~"3]'8 E!"P"'IY- The pulllOIeo of an inspedion we to ~) obselve the physical condition of your property, (ii) verify thaI the ptOperty is occ:uped and/or (ii) d the Identity of the ocwpant. W you do net ct.rO the default prior to the inopeclion. other ec:tione to protedthe mot1gogee In_In the property ~n<;Iuding, but net limited to. winteriza1jon. seourfng the property, and valuation services) may be tak . The costs of the abow4escribed inspections end property praHMltion .rrorta will be charged to your eccount as ded in your securtty instrument. If you are unable to cure the that may be available to you t . Repayment Plan: It' Our basic plan requi anent. and that defined period of . on or before December 31, 2005, Countrywide wants you to be aware of various options Count1'ywide to prevent a foredoaure sale of your property. For example: possible that )'OU may be eigbJe for some fann of payment assistance 1Ivough Countrywide. 8 that Countrywide receive, up front. at least % of the amount necessary to bring the account balance of the overdue amount be paid, along with the regular monthly payment. over a . Other repayment plans also are available. r, it is possible that the regular monthly payments can be lowered through a modification of the loan by reducing t interest rate and then adding the delinquem payments to the wrrent loan balance. This foredosU'e altemati e, however, is Umited to certain loan types. . Sale of Your Prop y: Or, if you are willing to sel your home in orderto avoid forecfosure, it Is (X)SsibJe that the safe of your home can approved through Countrywide even if your home is worth less than what is owed on it. . our property Is free from other liens or encumbrances, and if the defautt Is due to a serious 'ch is beyond your control, you may be efigible 10 deed your property directly to the No1eholder re sale. If you are Interested' in ~s' any of these foreclosure alternatives with Countrywide, you must COfJtact us immedhrteJy. If you request assistance, Cwo de win need to evaluate whether that assistance will be extended to you. In the meantime, Countrywide win pursue al of rights and remedies under the loan documents and as permitted by law, lOess it agrees othefWise in writing. Failure to your loan current or to enter into a written agreement by December 31, 2005 as outlined above win result in the accelenrt on of your debt. Time is of the essence. If you ve any questions concerning this notice, please contact loan Counseling Center inmeciately at 1-8llO-669'()102, CT 91 NOTICE ACTION TO SAVE OUR HOME FROM FORECLOSURE DATB: February 2, 006 TO: WandaKayArn d 556 Roxbury Ro d Newville, PA 17 41 THIS FIRM IS A DEBT OLLECfOR ATTEMPTING TO COLLECf A DEBT, THIS NOTICE IS SENT TO YOU IN AN A EMPT TO COLLECf THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATI N OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE, IF YOU HAVE PREVIOUS Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS OT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B ONLY ENFORCEMENT OF A LlliN AGAINST PROPERTY, Thi5 is an official notice t the mort a e on our home is in default and the lender intends to foreclose, S cific infonnation abou the nature of the default is rovided in the attached a es, The HOMEOWNER'S M ma be able to hel to save our home. This Notice e To see ifHEMAP can hel ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FRO THE DATE OF THIS NOTICE, Take this Notice with ou when ou meet the Counseling Agencv, The name addre5s and b ne number of Conswner Credit Counselin A endes se' our Coun are listedattheendofthisN 'ce, If ouhavean uestions ouma callthePenns IvaniaHous' Finance A enc toll free at 1-800- 42-2397, Personswithi airedhearin cancall 717 780.1869, tlegal infonnation, If you have any questions, representatives at the Consumer Credit Counsel Agency may be able to help explain it. You may also want to contact an attorney in your area, Th local bar association may be able to help you find a lawyer. LA NOTIFICACI0N EN DJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECfA SU DERECHO A CONTINUAR VIVIE 0 EN SU CASA, SI NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTE GA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYL V IA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIB . PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEO RS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU C SA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S N PROPERTY ADDRESS: LOAN ACCT, NO,: ORIGINAL LENDER: CURRENT LENDERJSE S): Wanda Kay Arnold 556 Roxbury Road, Newville, PA 17241 110809658 Mortgage Electronic Registration Systems, Inc. VICER: Countrywide Home Loans, Inc. HOMEO YOU MAY BE ELlG FROM FORECL R'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM LE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME SURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITII E PROVISIONS OF TIlE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 198 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEF AUL HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONfROL, . IF YOU HA VB A ASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND . IF YOU MEET 0 PENNSYLVANIA R ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE USING FINANCE AGENCY, TEMPORARY STAY 0 FORECLOSURE-Under the Act, you are entitled to a temporary stay of foreclosure on your mo ge for thirty three (33) days from the date oftbis Notice, During that time you nwst arrange and attend a ace-to- face meeting with one of the consumer credit counseling agencies listed at the end oftbis Notice, S MEETING MUST OCCUR WITHIN THE NEXT 33 DAYS, IF YOU DO NOT APPLY FOR ERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DA E. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAUL ' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT C UNSELING AGENCIES-If ou meet with one of the consumer credit counselin a encies listed at the end of this notice the lender ma NOT take action a ainst ou for thre 33 da after the da e of this meetin , The names addresses and tel hone numbers of desi ted consumer credit counseli a encies for the coun in which the ro e is located are set forth at the end of this Notice, It is only ecessary to schedule one face-to-face meeting, Advise your lender immediatelv of your intentions and Phe an Hallinan & Schmieg's PHFA department. APPLICATION FOR M TGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth later in this Notice (see fo owing pages for specific information about the nature of your default.) If you have tried and are unable resolve tbis problem with the lender, you have the right to apply for fInancial assistance from the Home wner's Emergency Mortgage Assistance Program To do so, you must fIll out, sign and me a completed omeowner's Emergency Assistance Program Application with one of the designated consumer cred counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have pplications for the program and they will assist you in submitting a complete application to the Pennsyl ania Housing Finance Agency, Your application MUST be med or postmarked within thirty (30) days of our face-to-face meeting. YOU MUST FILE YO APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW TH OTHER TIME PERIODS SET FORTH IN TillS LETTER, FORECLOSURE MAY ROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR M RTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTI0N-Avai ble funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency der the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty 60) days to make a decision after it receives your application, During that time, no foreclosure proceeding will be pursued against you if you have met the time requirements set forth above, You will be notifIe directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU BANKRUPTCY, PURPOSES ONLY CURRENTLY PROTECTED BY THE FILING OF A PETmON IN FOLLOWING PART OF TIllS NOTICE IS FOR INFORMATION SHOULD NOT BE CONSIDERED AS AN ATIEMPT TO COLLECT THE DEBT. f ou have filed bankru tc ou can still a I for Emer enc Mor a e Assistance. HOWT CUREYOURMORTGAGEDEFAULT Brin it to date , NATURE OF THE DEF UL T -The MORTGAGE debt held by the above lender on your property located at: 556 Roxbury Road, ewville, P A 17241 IS SERJOUSL Y IN DEFAULT because: A, YOU HA VB NOT E MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are no past due: Start/End: 10/01/05 through 2/01106 at 51,185.83 per month, Monthly Payme ts Plus Late Charges Accrued 56,077 ,98 NSF: 50,00 Inspections: 537.50 Other - Fees: $325,00 (Suspense): $0,00 Total amount t cure default 56,440.48 · See paragraph below headed "HOW TO CURE THE DEFAULT" B. YOU HAVE FAILE TO TAKE THE FOLLOWING ACTIONS (Do not use if not aoolicable): N/ A * HOW TO C THE DEFAULT-You may cure the default within THIRTYTIlREE (33) DAYS of the da of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHI HIS 56,440.48, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES CH BECOME DUE DURING THE THIRTY THREE 33 DAY PERIOD, As of the date 0 this letter, you owe the amount specified above, Because of interest, late charges, and other charge tbat may vary from day to day, the amounl due on the day tbat you pay may be greater. Hence, i you pay the amount shown above, an adjustment may be necessary after we receive your che k, in which event we will inform you before depositing the check for collection. For further info tion, write the undersigned or call (215) 563-7000 and ask for the Reinstatement D artment. Payments must be made either bv cash. cashier's check. certified checkormone rdermade a ble and sent to: PHELAN HALLINAN & SCHMIEG, LLP, One Penn Cent r at Suburban Station, 1617 John F. Kennedy Boulevard, Suite 1400, Philadelphia, P 19103-1814, Attn: Reinstatement Department. You can cure any other default by !akin the following action within TIllRTY THREE (33) DAYS of the date of this letter, Do not if not a licable, N/A, IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY TIlREE (33) DAYS of the date of this otice, the lender intends to exercise its ri"htsto accelerate the mortl!ll"e debt. The means tbat the entire utstanding balance oftbis debt will be considered due innnediately and you may lose the chance to pay th mortgage in monthly installments, If full payment of the total amount past due is not made within THIR: THREE (33) DAYS, the lender also intends to instmct its attorney to start legal action to foreclosure our mort e fO IF THE MORTGAGE IS ORECLOSE UPON- The mortgaged property will be sold by the Sheriff to payoff the mortgage deb If the 1ender refers your case to its attorneys, but you cure the delinquency before the lender begins I gal proceedings against you, you will still be required to pay the reasonable attorney's fees that were tually incurred, up to $50.00, However, iflegal proceedings are started against you, you will have to pay II reasonable attorney's fees actually incurred by the lender even if they exceed $50,00. Any attorney's ~ s will be added to the amount to the ]ender, which may also include other reasonable costs. I ou e the default within the THIRTY THREE 33 DAY erio ou will not re uired to a attome 's fees, OTHER LENDER RE DI S- The leuder may also sue you personally for the unpaid principal balance and all other sums due un er the mortgage, EFAULT PRIOR TO SHE'S SALE-If you have not cured the default E (33) DAY perind and foreclosure proceedinga have begun, vou still have the Ievent the sale at an time u to one hour before the She' s ale, You unt then ast due I an late or 0 er c es then due reasonable attome ' s fee and costs nnected with the foreclosure sale and an other costs conne ted with e Sheritr s Sale as ecified in writin b the lender and b rfo an other re uirements under the mort2a2e, Curing your d ault in the manner set forth in this notice will restore your mortgage to the same position as if you had nev r defaulted, EARLIEST POSSffiLE S RIFF'S S E DAT -It is estimated that the earliest date that such a Sheritrs Sale of the mortgage prop rty could be held would be approximately SIX (6) MONTHS from the date of this Notice, A notice of actual date of the Sheritrs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required ayment or action will be by contacting the lender, HOW TO CONTACf LENDER: PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attention: Reinstatement Department EF ECT OF SHERIFF'S mortgaged property and y Sale, a lawsuit to remove any time, ALE-You should realize that a Sheritr s Sale will end your ownership of the right to occupy it. If you continue to live in the property after the Sheritrs u and your furnishings and other belongings could be started by the lender at ASSUMPTION OF MOR GAGE-You may or_X _may oot (CHECK ONE) sell or transfer your home to a buyer or feree who will assume the mortgage debt, provided that all the outstanding payments, charge and atto ey's fees and cost are paid prior to or at the sale and that the other requirements of the mortgage are satisfi YOU MAY ALSO HAVE THE RlGIIT: . TO SELL THE PROP RTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY F OM ANOTHER LENDING INSTI11JTION TO PAY OFF THIS DEBT, . TO HAVE THIS DEF UL T CURED BY ANY THIRD PARTY ACfING ON YOUR BEHALF, . TO HAVE THE MOR GAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YO CURE THE DEF AUL T, (HOWEVER, YOU NOT HAVE THIS RIGIIT TO CURE YOUR DEFA LT MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) . TO ASSERT THE NO XISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA SUIT INSTI11JTED UNDER THE MORTGAGE DOCUMENTS, . TO ASSERT ANY 0 ER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACfION BY THE LENDER . TO SEEK PROTECfI N UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATIACHED . If this is the first notice t at you have received from this office, be advised that: You may dispute the validity of the debt or an portion thereof. If you do so In writing within thirty (30) days from receipt of this letter, this firm wi obtain and provide you with written verification thereof; otherwise the debt will be assumed to valid. Ukewlse If requested wIthin thirty (30) days from receipt of this letter, the firm will send ou the name and address of the original creditor If different from above. Very truly yours, PHELAN HALLINAN & SCHMIEG, LLP Cc: Countrywide Home aus, Inc, Attn: Michael Gonzalez Account No.: 110809658 FHlmas Mailed by I" Class Mail nd by Certified Mail No: 70051820000019824397 r.:i .. ~5B'iil ] fil~",Jl ,UfUiii <Z: '" 0- <.:l . tn a: J; <D c:::IC ~~":!z c.ot O-......l!ilN~ oc> <Z:%aloe ~... tlJO-U- ~ =; . I- ffi Clo :::) (/) u.. Cll '" '" " " ~ ~ . " ... , ." 0. ~ a . 0 .. ~ .... " 0 . - " ~'O' to", ., l:l ~Z 6~ -ll ll- If u ~ ~ ~.! Ul - .. ~ ... 8 ~ - . OIl ~ ~ ~ III H z I-l ~ 0 H GIla:: 1;; .f.:! H ~ - ~ ~ . . <( i 0'00. c:~.!f N '" ~~~f 1 ~ g~~ of m ~ '<l '" t - ~ M M -111 . '" " " ~z ....,J! " " .. " .!i 0'" . MoO ~~ . 11 <:! z~ '<; '" .~ ;:l '" . ... ~ '" l'- 00 0- S - '" z ~ - ,9 - - :q ....l ~P: 'H _HH " " " " . . EXHIBIT G . . . pm LAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 JohnF. Kennedy Boulevard Suite 1400 Philadelphia. PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolntion@fildphe.c:om FACSIMILE TRANSMITTAL SHEET TO, Frank Yourick, Ese ire ATTENTION: "R"'" Michael Thurman OAT!: 4II28f2OO6 FAX Nu_eR: (724) 325-3124 TOTAl NO. OF PAGEl INCLUDING COVER: 4 Re- Armold, Ronald LOAN NUMBER-: 110B09658 [J URGENT Ii!! FOR EVlEW [J PLEASE COMMENT [J PLEASE REPLY [J PLEASE RECYCLE Please see attached Payoff figure good through 5110108. .................. tW tIlk IInD 11_. ClCIIIIdor ~ tocoBd acW:t. AD,................ ............ bthat JIIII'PO& If,....... ~ a.......... ~t... ~~ ~~ .at............, tldl e_.. '.,. II aat aacl.tIaGdclaot. bI CCIUIwd. to 1M _ -... to ......dUt, IIat oaIr..awc.n.1Ii fila.........,. pi nv. "'.....--_ .....1Iw__ -or_...._...-.__-_'"'7-.......... ...-at dIM,. G.ct.,JGUp.,.....,yt INiAl'. llui;e,lrr-,.,.~......-...... aMvt,............,. M ~ .tier.. NOIIIqfGIIl'cIIIcIc, hi wIdc..ewat M wII...... JCM 1IdJN 'tile c.... twcGllectloa. h fWGavWll.. - . wttt.GII ~ oreal (3U) ...1OOO.._1or 1M tw.......,,:o.p.rtmat. . LAN HALLINAN & SCHMIEG, LLP ODll Penn Center at Suburban Station 1617 JohnF, Kennedy Boulevard Suite 1400 Philadelphia. PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fildphe.com Foreclosure Resolution 0 partmen! ReprelillnUng Lendel'li In Pennsytwnla. NIlW JeIllllY April 2ll, 21106 Via Fac.mlle to (724) 3 Frank You~ck, Esquire L..M, tic. v. Ranalli Anna/II cI Wanda Anna/II ,N"".e PA 17Z41 Re: In accordance '134,231.02, which Is \he Lo_ Inc,. Funds must maUlng 10 our client. your recent rvque51, p1eaE ftncl a payo" figure In the amount of mount required to satisfy \he allove account In full wlth Countrywide Home received In our 01llce no later \hen &'10JIII to allow for processing ancl ymert, p1_ note \he following: . Perwonal check8 will not lie ~. Only certlllecl funcls purch8lied from a bank or money orders. PIeBllll m Ice check payable 10 your Mortgage Company or lIeMcer. . All check8 mu8t e made payable to the mortg. company &tided above, and folW8rded 10 Phelan HaUlnan SchmIeg, LLP, . Include account n mber on the check for proper Identlllcatlon. . It Is possible th either the mortgllllle compmy or this linn may Incur additional IIXpendltul1lllln e ItUrlm period blltwMn the tlma the.. nlJUIW anllJBIlarlded and the tlma monl.. ... erad. In this avant, only tha FULL monl.. will ba KCaptad. Acceptance or fllllds Is contingent upon a complete revlaw by our client, If you should have any qu slIons, please feel free 10 contact our ollloe. Sincerely, Mlchllel Thurman PHELAN HALLINAN. S Foreclosure ResoluUon ra-........... cwuu 1lNI1a. caIIMltor ........tocaa.c: ad.bt. .bJ............................ twthal...... II;,u............ .clIIc:IIuwI"~,....... waI............tllll_... JI.~III.atudWNJd._...CCJUtnIIdtolM_~todllct.ckIIt,.. ..,......... or.......... p OM.......... ~ ....... ofillteNll,............... aGa...... tUt....,,,.,,. ......,.to _.tIII ........... - ~d...J'W,.,..., ....... HI-,...,..,.,. -.at...."......................., tM.......,. "'r'M ,.....,.rdlldr,.. d1c1l....""..........)'1NbdIN ~c.....tbrc"""IVr~~~' .wrlteq."--'r~OI'caIl~J)"'7OGO_""" U. 'D....,.,t--.. DtpuC:lnalt. . P LAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 JohnF. Kennedy Bou1evani Suite 1400 Philadelphia, PA 19103-1814 (21S) 563-7000 Fax (215) 568-0719 Email: FCResolution@lMphe.llOm Mlohul ThurlTIIIn R.p....nting Lend<l.. in Leg.' AlIlllblnl Ext, 1294 Pennlyl\lllnle & NlIW Je...y NAME: DATE: Armold, R aid 4/28106 Payoff Fiaure ACCT. #: 110809658 Good Through 5110106 Principal Balance lntel1lllt Recording Fee Late Charges Title Search Fees Property Inspectlo II Ellcrow $124,625.09 $7,646.40 $27.00 $148.83 $325.00 $75.00 $336.20 Attomey Costs Attorney Fees $402.50 $650.00 TOTAL $134,23..021 PLEASE READ THE TTACHED LETTER BEFORE SUBMITTING ANY PAYMENTS I ................ CWthla 11'1II". .......~ _~".to~adtllt. AJI,~ftatyadwUl_""''''''''~ If,....NDIho.l ............~,... QdI .. ............ tIdI____. '__ II a_ad dKMdcl_"'~ 110 be _......110 ooIeala....W. ~.......... ofal-..... p .u aI1IIe ~ DfWt ~ OM i:IMI........,.aIH. ...... ofII........-......,..... cQ.-.....tIaIl ~ .,......4Ii7CO_,u. ......-d..... tlled.,.,..Jt.-.., 1M . Bl-,H",...,.........-w. ~ _.....---..,11I......,. "'r... .......JGUI'... ta wIIk...... ...-1darm,...1Idan ..c.......~ ....fu'tlMrWc.. ill.,. W'I'Il4............ oral. (:11" JG..'7UOO..s ukfor t...B.......~ ~o.uC:IDat. . P LAN HALLINAN & SCHMIEG, LLP One Penn Center at Subwben Station 1617 JobnF. KenmdyBoulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 FIIX (215) 5611-0719 Emai1: FCResolution@1i=dphe.com IT THIS FORM ALONG WITH YOUR PAYMENTI """lHIS FORM IS TO STlN PROPER APPLlCA1l0N OF YOUR PAYMENT. PLEASE COIIFLElE TO THE BEST OF YOUR ABlUn- DIt8: Nlllle on Mof'I8'l1e: Arm d, Ronald LotIn Numb...: 110809 Property Addr...: 666 R xbury Road, New1Iillll, PA 17241 Mailing Addre..: (If different from Prop Add.....) TtltphOlll Numblr: .**PLEASE BE ADVIS D THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT Apt( PERSO OR PARTIAL PAYMENTS WILL NOT BE ACCEPTEO*** ..................tWtlU.llnata.cWt. ~tocellct.4tI:il. Juq~\taftlllllwldwabe.......1IultpupNL If,............ .cIIIdIuwI..~,...tUI .,.aor:ratIIrmId,tldl~_......- JII ...Clt.....lIoaIcIact...~.....Io..._....-tooalct.ddt,1Iut ...,.......... rI." ....utp AI ~4IU ortIdI J.d ..~ OWl tIUI..... ~. __ 0'......,.......... ad oGlfr..............,,,.,,..... a.rta""',1JII UIlIdl_ 011 tile..,. JOU"''''' be ..... ...,...,.. pq........-at............... ~- ..,.bI......,. .....1N ~,......, I. .......ft'IIIlt.,...IdmD:r-~ "1I"fwca1l8LQoa. "fwCbr~ .. ........ "'!r-IOI'caIlP1I)5G-7000ud_fw t..Jl.4II~o.rpar<<maa. . User ID: MTHURMAN ----------------------- ------------------------------------------------------- ----------------------- ------------------------------------------------------- TO: Name: Frank Yourick, Esquire Company: Fax Phone Number: 1 243253124 Contact Phone Numbe Info Code 1: Info Code 2: Sent to remote ID:724 325 3124 Sent at:Fri Apr 28 11:49:04 2006 Sent on channel 1 Elapsed Time: 1 minute, 32 seconds Transmission Status (0/339;0/0): Successful Send Page Record: 1 - 4. ------------------------------------------------------------------------------- . . . PH ~LAN HALLINAN & SCHMIEG, LLP One Penn Ceuter at Subwbm Station 1617 IohnF, KeMlldyBouievard Suite 1400 Philadelphia, PA 19103.1814 (215) 563-7000 Fax (21S) 56~719 ElIlllil: FCRe90lution@fildphe.com FACSIMILE TRANSMITTAL SHEET T<> PROM Michael Tl1\,rman DATE: 412812006 Frank Yourfck, Esq uire ATTENTION: FAX NUMBeR: (724) 325-3124 TOTAL NO. Of PAGes INCLUDING COVER: 4 Armold, Ronald LOAN NUMBER-: 110B09658 RE- [J URGENT Ii1I FOR EVIEW [J PLEASE COMMENT [J PLEASE REPLY [J PLEASE RECYCLE Please see attached !Instatement figure good through 5/10/08. ...... be.......... tWl:Id& ftno ....cWl aoIIIdor........tocol&t.dIhL ,py..................... h""'" GIll ~ IIJll1l11m..-lftd a~ ..~....t3ab.. .. ..~tIdI___ 4al J_lI.ClI:udUould...c....... to 1M ..... 110 cdIct.cMbt, - ..,~. .Mar..........".. rtr. .uof'Qle...arf"tIW~,.. OtNtM ........tpIIIIIId. ..... .rlllteNll,.........._ aCIMr....cw.IIIQ',.,."..4qto4l.r,tIMI ......__..... JOIlpaJ.., _ ~:-.u..c., 11',. pq~.-....t 11IOWR......,.. ..-J_...,",-"" "'nN Naltnfaup-.,.. whkla.,.t_... ......,..hIn ..."....tbr~ :rorftltChrw... "'-. wrIf4.............. _call ptJ)5G-7000............ 1M 12"'_.. lit o.parr.at. . p . . LAN HALLINAN & SCHMIEG, LLP DOll Penn CllDler at Suburban Station 1617 JobnF. Kennedy Boulevard Suite 1400 Philadelphia. PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Emai1: FCReso1ution@llldpbe.com ReprelillnUng Lendel'$ln Pennsylwnla & New .JeI'llllY Foreclo&urv ReaoluUon pertinent April 2lI, lIlllll Via FaulmUe to (7Z4I 3 &-3124 Fl'lInk Yourlck, Esqulrv R.: e LCIIIM, tic. V. RonahIoI WHdII Armo/II . NrNVIRe I"A 17241 In accortlallCe your recent request, plea. ftod a nIIn.....ent f1gu18ln the amount of '11,017.17. which Is the mount rvqulrvd to bring the abow account clllTllnl with Countrywlcle Hame Lou., Inc.. Funds must recelwd In our olllce no later then 1110181 to allow tor prooeSlilng and maIling to our client ymert, please llllle the following: . PenIonal clleck8 will not be m:cepbld. Only certlfted funds purchlllilld from a blink or monay orders. P1eue m ke check peYllble to your mortgage compeny or liIIrvfcer. . All clhlc:k8 muBt e made payable to tile mottg-ee compeny etal8Cl above, end tolW8rded to PHELAN HALLI & SCHMIEG, LLP. . Include aCQOunt mber on the check tor propor IdentlllcllUon. . It Is poaalble tII either tile mortgllge compuy or till. nnn may Incur adclltlonal expenditures In t Irterlm period b..... tile time the.. t1gUl'llB ani genem.cs and tile time monl.. ani ndered. In tills wa. only tile FULL monl.. will b. accepted. Accept8llCa of tII funds I. contingent upon a complete review by our client. If you should have any qu sIIons, please teeI free to contact our oflIce. Sincerely, Mlchael1l1unnan Forvclosurv Resolution De .....!le8Ih'W tWlIda IIna k. CGIIIcior .......toc...MW.. AaJ ....,......NIlJIIn4.,... ..,..".............. If,-.......... .cIIIdIutI..budcnlplef,....... ..aot........tJdt;oJlll""T JL_ ...ct......IIcIdd_..~tQbt_....to.....aUllt,IIat 0BIt.....-.. ofa........... p .... ......caatt ottJdI .....,..".,....ta DIOWIt~ ..... .,................,... oGMr.........-;r,.".......,.to4aJ,CIII ......dMOII...d..)'OlI,.,...,... ........ 0:..,11',.,.,....__.... .......~ mqbe......" ...r.........Ja1'cIIIcIr, bl wIdllk....- ""....Irdbna,. bdtn tltecMck fot~ ... flaCh.-1.A.. - -. ................. 01' cd (311) ldJ-'7000ad._tor t.........,....,~ . . Mloh.el Thurman Leg.1 Aaalstlonl Ext, 1:194 p . LAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburbtm Station 1617 JohnF. Kennedy Boulevard Suite 1400 Philadelphia. PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Emai1: FCRe9Dlution@Ddphe.llOIIl , Rep"'lInting Lende.. In Penna)''''',"I. & New Jersey Reinstatement FiQY!! NAME: DATE: Armold, R aid & Wanda 4/28/06 ACCT. II: 11 0809658 Good Through 5/10/06 Payments Due Late Fen Property Inlpectlon Title Search Feel Attorney COltl Attorney Feel TOTAL $9,488.84 $148.83 $75.00 $325,00 $402.50 $850.00 $11,087.171 PLEASE READ THE TTACHED LETTER BEFORE SUBMITTING ANY PAYMENTSI .............. tWtIlta... fa . d.... ~ tecoU.:la dIbt. ou,......................... ktblt ~ IfJ'W........ ....... I...,,-.f...... -.u4hllt Ml NAtIIrDMI, tldl_. ~ 1_ 1I.c:i.tUUlao.ldut INccutNM to... _ .....pllo ___. ..1lt.1lqt ----.............. AaortUdJUoI'tlII . -- __...............-. ......orlilferillt,w..,..,..................ItIIIt~"""frnt..,to.,..tItI ___ GIla..d.,.,..,.,..., be . Hnoe, It,....,.,.........- ....lIbOWl,.. -...-..- mq IN..-at)' "'r. .....J'CIUJ'cIIIcIr, I. dk:k..-..,.........,.bdn ..II:......~ ...ftIrQlow~"....1It'...'R"Itr....w..<.>>f)__1OOO.....rer t..BAI~n.pattmPIt. . . , . II LAN HALLINAN & SCHMIEG, LLP One Penn CeDter at SuburilBn Station 1617 JohnF. Kennedy Boulevard Suite 1400 Philadelphia. PA 19103-1814 (215) 563-7000 Fal[ (215) 568-0719 Email: FCResohnion@Jildpbe.com PLEASE SU IT THIS FORM ALONG WITH YOUR PAYMENT I """lHIS FORM IS TO ST IN PROPER APPLICATION OF YOUR PAYMENT. PlEASE COIFlETE 10 THE BEST OF YOUR ABlUn- DIll: Nlllle on MorI8l11e: Arm d, Ronald Lain Numb..: 110809 PrGPIIty Ad*..: 666 R xbury Road, Newville, PA 17241 MalHng AddnIII: Of cllffnnt frclm Prop Addl'lll) Telephone Number: ."PLEASE BE ADVIS D THAT ALL PAYMENTS MUST BE IN CERnFIED FORM, AND lHAT Atrf PERSONA OR PARTIAL PAYMENTS WILL NOT BE ACCEPTEO"". ,.... IN....... ~Qda tIna....... ........ tooclkS.dIW. AP.JtdwaII.bL......... _UIll...... ~ If,............ .clllcllalllllII~,"'QdlI w.llQitrM1IIrw>>d"tIdIAX'lo '" 1_....ucldlould.ad:...coulnleclto..........,tooollct.deIIt,lNt ~"'-'-'.of....apbutpl'Opl . AaofQaecllUGIWI T~.III""""" Otn'tIM _.....,..sw. __ oIi111teN1t,lllk........... ~.............,.,."....._to..."tM .....".... (III..d.,.,...,.,....., be ........ ~...,.,.,.. -.at......,.a,..............,.....-..,. der_ ....,..r........ wIlIok.......dllltbNl,.-1MttN ....c...fu~ Wwf'wtlUrlA. ~. .WJIIe....-...-'orcd(DJ)__1OOO...uklor the............. ~arCmat. , . , . User rD: MTHURMAN ----------------------- ----------------------- ======================================================= TO: Name: Frank Yourick Esquire Company: Fax Phone Number: 1 243253124 Contact Phone Numbe Info Code 1: Info Code 2: Sent to remote ID:724 3 5 3124 Sent at:Fri Apr 28 11:5 :24 2006 Sent on channel 0 Elapsed Time: 1 minute, 30 seconds Transmission Status (0/ 39;0/0): Successful Send Page Record: 1 - 4. ----------------------- ------------------------------------------------------- ,.' ..; .. . -" . EXHIBIT H . - . II PHEL N ~,HALLlN N .--SCHMIEG Matthew S, Connor, Esqu' e Litigation Department April 26, 2006 Frank E. Y ourick, Jr., Esq ire P,O. Box 644 Murrysville, PA 15668 Re: Countrywide Horn Cumberland Coun Dear Attorney Y ourick: . ~ , . Suite 1400 1617 JFKBoulevard Philadelphia, PA 19103-1814 (215) 563-7000 FAX: (215) 563-4491 Ernail: rnatthew.connor@fedphe,corn Representing Lenders in Pennsylvania and New Jersey Loans Servicing v. Ronald Lee Armold, et al. CCP, No, 06-1378 FILE COPt This letter is in res nse to your request for verification of the validity of the rnortgage debt in the above-referenced rn rtgage foreclosure action. Kindly be advised that Plaintiff is seeking the sum of$132,560,93 pi s interest frorn Match 9, 2006 at the rate of$30,72 per diern to the date of judgment, plus other co ts and charges collectible under the rnortgage, These amounts are due because ofthe default and e subsequent acceleration of the debt. The name of the 0 ' 'nallender is Countrywide Horne Loans, Inc. with an address of 4500 Park Granada, Calabasas, CA 91 02-1613, Enclosed please find a copy of the relevant pages of the Mortgage, We have reques ed the reinstaternent and payoff figures and will forward them to you upon receipt frorn the rnortgage rnpany, Kindly be advised at the Defendants have the right to bring their loan current up until one hour before a scheduled Sh riff's Sale in order to avoid foreclosure. Please be advised that Plaintiff is proceeding with foreclosur and will continue to do so until any settlement is finalized, Very truly yours, Pt;; Matthew S, Connor, Esqu' e MSCikyd cc: Countrywide Horn Loans, Inc,(Plano, TX)/Attn: ,Foreclosure/ Acet. No, 110809 8 · Please be advised that this fi is a debt collector attempting to collect a debt. Any information received will be used for that pwpose. If you ha e previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and shou not be construed to be an attempt to collect a debt. but only enforcement of a lien againsl property, . . t _J. .... VICRTFlCATTON Sheelal R, Shah- ani, Esquire, hereby slates that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and rief are true and correct to the best of her knowledge, information, and belief. The undersigned understands at this statement herein is made subject to the penalties of 18 Pa,C.S, ~4904 relating to unsworn falsi cation to authorities, g/fl ob Date , Sheetal R. Shah-Jani Attorney for Plainti w .', ... ~ .. 0 "-> ~ . = c = ~ c-. -On,~ ;r.. ~ IT,'!" c:: Z:_~':.'; C') r- Z( ~ CO ,/'~ CJ'\ -/ .' r~f' , ~(:.: "'" ':r-q ~- (~J::!.. $:'r,? ~. 6;;;:; 9 -oj 2' 55 :;! N W '""< . PHELAN HALLIN & SCHMIEG, LLP By: SHEETAL R. S -JAN!, ESQUIRE Identification No. 81 60 One Penn Center at uburban Station 1617 John F. Kenned Boulevard Suite 1400 Philadelphia, PA 1910 -1814 Attorney for Plaintiff ( Countrywide Home L ans Servicing, LP, For The Benefit Of M rgan Stanley Mortgage Capital, Inc. : Court of Common Pleas 7105 Corporate Drive Piano, TX 75024 : Civil Division Plainti vs. : Cumberland County Ronald Lee Armold : No. 06-1378 Wanda Kay Armold 556 Roxbury Road Newville, PA 17241 Defend nts CF.RTTFTCATTON OF SF.RVTrF. I hereby certi that true and correct copies of Plaintiffs Motion for Summary Judgment, two original Argumen Praecipe, Brief in Support thereof, Order, and Attached Exhibits were sent via first class rnail to e persons on the date listed below: Frank E, Yourick, Jr., P,Q. Box 644 Murrysville, PA 1566 ~ "'""- Date: . g s:: ""OcP q;ri', .&." -c~ 2', <!J.~j~ ~'-- ;:E::C be J>C ~ ~ ~ a; ~ G'> - C1' ~ ~~ ~~ "=-\.,-, ---C."f'\. i:?p;; :Z.i'1t ~ ~ ~ C2 C"-' t.:> ,. P ECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHO OT ARY OF CUMBERLAND COUNTY: e list the within matter for the next Argument Court, Countrywide Home oans Servicing, LP (Plaintim vs, Ronald Lee Armold d Wanda Kay Armold (Defendants) No, 06 Civil Term 1378 . ' I, State matter 0 be argued (i.e" plaintiffs motion for new trial, defendant's demurrer to complaint, e c,): Plaintiff's Motion for Summary Judgment 2, Identify cou sel who will argue case: (a) (b) for plaintiff: Address: for defendant: Address: Sheetal R, Shah-Jani, Esquire Phelan Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 J.F,K Blvd, Suite 1400 Philadelphia, P A 19103 Frank E, Y ourick, Esquire P,O, Box 644 Murrysville, PA 15668 3, I will notify all parties in writing within two days that this case has been listed for argument. 4, urt Date: September 6, 2006 Date: heetal R, Shah-Jani, Es e Attorney for Plaintiff - , " 0 ,..., ~ <=:> C <=:> ~ "" ~m :z:,. ~:o c:: ::t, c-.> JJ!;9 z, 0<" 0\ ;:0;"',. ("">0 ~c :z,. :1:11-, .F"(--" -'-j~ -- '-~[2 ~~~; ..... 9 cY" ~ -~ N 55 w -< Countrywide Home Loans Servicing, L.P., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1378 Civil Term vs. Ronald Lee Armold and Wanda Kay Armold, Defendant ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Law Offices of Phelan Hallinan Schmieg, for the limited purpose of representing the Plaintiff at Argument Court to be held on Wednesday, September 6, 2006. Date: September 1, 2006 cc: Sheetal R. Shah-Jani, Esquire, Phelan Hallinan Schmieg Frank E. Yourick, Esquire (') c S, -rJC': j.J~;,'" :0.: I'~ ~~ r~> ~-:':' '-.. J,:"....c:: -/ "'--, ::2 ...., = "" "... (/J f""'" -0 1 -u ~ ~ -4 ~:n ,F;; "TIC? ':'::>b ~~J --r', L.,,> ~,;o /-:-rTl ~ ~ ~ w .s:- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Countrywide Home Loans Servicing, LP, For The Benefit Of Morgan Stanley Mortgage Capital, Inc. Court of Common Pleas 71 05 Corporate Drive Piano, TX 75024 Civil Division Plaintiff vs. Cumberland County Ronald Lee Armold : No. 06-1378 Wanda Kay Armold 556 Roxbury Road Newville, PA 17241 Defendants AND NOW, this ,~ ::,:'R'q~ , 2006 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendants, the Court determines that Plaintiff is entitled to Summary Judgment as a matter oflaw, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendants, Ronald Lee Armold and Wanda Kay Armold, for $132,560,93 plus interest from March 9, 2006 at the rate of$30,72 per diem and other costs and charges collectible under the rnortgage, sale of the rnortgaged property, J, ~\ t~ 'P~ 1 l;\-' ~~ , ' ~ Vi;\; IililASNI'.J:Jd "N'~~, ",'~' '-'~,"'n" 1\..1.,1 :; :~,' , " ' ""':!t1,j v 88 :01 W~t 9- d3S 90Ul A'IVII"'" ,',,/ :loll :10 tj _....11V,,)i"':JC'CQ ...n.L 3CiHiO{!31H PHELAN HALLINAN & SCHMIEG, L.L.P. · By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 06-1378 v. RONALD LEE ARMOLD WANDA KAY ARMOLD Defendant(s). PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against RONALD LEE ARMOLD and WANDA KAY ARMOLD, Defendant(s) for Foreclosure and Sale of the mortgaged premises. Assess Plaintiff's damages as follows: As set forth in Complaint Interest from 3/9/06 to 9/6/06 TOTAL $132,560.93 $5,560.32 $138,121.25 I hereby certify that (1) the addresses of the Plaintiff and Defendant( s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1 c yattached. DAMAGES ARE HEREBY ASSESSED AS INDICATE.D,~(}~, ..' ' DATE: Ci-1 ""'I ~OOb ~ I PRO' ROTH 130230 ", e e -r1lJ /3()d 36 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Countrywide Home Loans Servicing, LP, For The Benefit Of Morgan Stanley Mortgage Capital, Inc. Court of Common Pleas 7105 Corporate Drive PIano, TX 75024 Civil Division Plaintiff vs. Cumberland County Ronald Lee Armold : No. 06-1378 Wanda Kay Armold 556 Roxbury Road Newville, PA 17241 Defendants ORDRR AND NOW, this 'b day of YJfle~, 2006 upon cons;deration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendants, the Court determines that Plaintiff is entitled to Summary Judgment as a matter oflaw, and it is hereby: ORDERED and DECREED that an .in rem judgment is entered in favor of Plaintiff and against Defendants, Ronald Lee Armold and Wanda Kay Annold, for $132,560,93 plus interest from March 9, 2006 at the rate of$30.72 per diem and other costs and charges collectible under ~~.:~g~o~> f~~.$closure and sale ofthe mortgaged property. .., -;;:~" <'/'. '.; . ~ ,"'~' ..~/ I>~ . / l.. ,BY THF.CQW:P: I'~' 7 -" / ",' ,,',. ",' / I' ..' \\ /(, / \.\ / ., '>\ '<'~~-; "'1"/ '.,.------....' J. 'tlUE COPY FROM RECORD '~T......,Wher8of. ,... .....,.. hIftr. id,the .~~C~,.~." . n/I. ~; ~ '" . ~0 ~~J~ ~Att /) :' PHELAN HALLINAN & SCHMIEG, L.L.P. , By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY CUMBERLAND COUNTY MORTGAGE CAPITAL, INC. COURT OF COMMON PLEAS 7105 CORPORATE DRIVE CIVIL DIVISION Plaintiff, NO. 06-1378 v. RONALD LEE ARMOLD WANDA KAY ARMOLD Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RONALD LEE ARMOLD is over 18 years of age and resides at , 556 ROXBURY ROAD , NEWVILLE, P A 17241 . (c) that defendant WANDA KAY ARMOLD is over 18 years of age, and resides at , 556 ROXBURY ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. p ~ ~~~8 \f- ~-J p; ~ II" f'- ~ "5 :p ~ ~ ~1 ~' (") c: ~~ ",:), " ~o, ,<.'" ~8 >c z ~ f"-') = = cr" (/) rT1 -0 N Q -n ~~ -om~ -0 f'__ ~.'" ..J =:-r.~1 qo :'<':rn o ~ ~ ~ Cf! :- -i (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, NO. 06-1378 v. RONALD LEE ARMOLD WANDA KAY ARMOLD Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~ By: If you have any questions concerning this matter, please contact: DANIE G. HMIE, Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * . ... PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. Plaintiff, No. 06-1378 v. RONALD LEE ARMOLD WANDA KAY ARMOLD Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $138,121.25 Interest from 9/6/06 to 3/7/07 (per diem -$22.70) $4,131.40 and Costs TOTAL $142,252.65 Add'l fees G. S EG, ESQUIRE Cent a uburban Station 1617 Jo F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 130230 ~ !--. w9 0"'" -C"J ~~ ~uJ tcFS ~ ...-4 ...-4 "'!:t' "'!:t' N N l- l- ...-4 ...-4 << ~~ ~~ ....:l....:l ....:l....:l ~> Z ~~ ~:S 0 ~Z ~ ~ ~ ~ o~ o~ ~ ~ '"0 ;;;J v < ;.:. 00.> oo.t:C u I-< 0 V ~~ ~~< ~~ ~~ r/l ....:l....:l ~~ v ....:loo. o~C 00 ~ ~ ~~ ..0 ~Z ....:l~~ ~ 0 ~~ ~ ~ C"') Zz ~=o . 01 ;;;J;;;J 8 N o~ 0 ~~~~ << ~ - ~= r/l C"') ~~ ~~ ~ I-< .- o=>~ ~> v ~> =~~....:l ~ ~~ ~ ~ ~~ ~ o~ ~~....:l< ;.:. 0.. U~ ~~ "'''' ~ ~OZ~ ~< 01: lnln v ~o ~~<~ ~~ lnln ~ Ou "'~~ ~ ~ ~oo.< ~6 ~~ ~~ZU Vi ~~ ~ r/l ;;;JZ ~C< ~ v U I-< 0< ~ZC ..ci '"0 ~ '"0 U~ ~~ v < ~ - OUO ..... r.z.. ~~ U~~ ~ ~= Z~ ~ 00. ~U r- ~ :s~ (J7 .) <t' >, s:: ;S~ ,_,JLD :1.1 .:l.. ---;; :5 (.) ~ ':: ':. '= ':' \1Aw" ~:: ':cl ().. "- p:~ () <) () () Z) \) OC1<)lnC~ It)'~h~C) i; ~ ..... -- J - -" co :c ood: N 0- W (/) '-'=> = c::::> c--..I '0 ~ Y7 -I- j ~W ~ ~ ~~ ~ ~~ .... ... ~ -..! ~ ~ CJ ~ <) ~ () Vi . '-~ ~ -- -..J -j ~ . .... LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece ofland situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at railroad spike in the centerline of State Route No. 0997 at the Southwest comer of Lot No. 3A on hereinafter mentioned plan oflots; thence through said centerline, North 42 degrees 7 minutes 36 seconds East 98 09 feet to an existing p.k. nail; thence continuing by same North 40 degrees 42 minutes East 491.23 feet to a point in said centerline of State Route No. 0997 and land now or formerly of russell Buer, ill; thence by last said land South 48 degrees 18 minutes East 443.19 feet to land now or formerly of Connie Brymesser; thence by last said land South 60 degrees 3 minutes West 518.02 feet to an existing iron pin; thence by the same and land now or formerly of Alan F. Hostetter, South 60 degrees 25 minutes 20 seconds West 125.14 feet to a post; thence by land now or formerly of Donald M. Kail North 42 degrees 37 minutes 15 seconds West 70.07 feet to an existing iron pipe; thence by land now or formerly of Richard L. Clair, Jr., North 45 degrees 8 minutes 34 seconds West 159.85 feet to a point in the centerline of State Route No. 0997 to the point and place of BEGINNING. BEING the same premises which Carl J. Hippensteel and Erma M. Hippensteel, his wife by Deed of even date and intended to be forthwith recorded, granted and conveyed unto Ronald Lee Armold and Wanda Kay Armold, his wife. ALSO BEING same premises which Carl J. Hippensteel and Erma M. Hippensteel, his wife by Deed dated June 28, 1976 and recorded at Cumberland County, Pa. in Deed Book R, Vol. 26 page 401, granted and conveyed unto Ronald Lee Armold and Wanda Kay Armold, his wife, Grantors herein. PROPERTY BEING: 556 ROXBURY ROAD ~orw~ D\o-4-- \t)IoD2J \ File #: 130230 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1378 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC., Plaintiff (s) From RONALD LEE ARMOLD AND WANDA KAY ARMOLD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $138,121.25 L.L. $.50 Interest FROM 9/6/06 TO 3/7/07 (PER DIEM - $22.70) -- $4,131.40 AND COSTS Arty's Comm % Due Prothy $1.00 Atty Paid $139.20 Other Costs ADD'L FEES - $2,882.50 Plaintiff Paid Date: SEPTEMBER 21,2006 C (Seal) Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G, SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 06-1378 RONALD LEE ARMOLD WANDA KAY ARMOLD Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: o an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. o c g -oGJ !}) L' ' t; ~;- ~t_ '9 ( b(~~' J7c: ~, -' ~ c:::::> c:::::> er- e/> CJ N ~ ~ ~ ~3i -o~ :0 0, ~S~-\ "70 ---rn o ~ co .- r:- eo ~ .~ COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION RONALD LEE ARMOLD WANDA KAY ARMOLD NO. 06-1378 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS SERVICING. LP. FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .556 ROXBURY ROAD . NEWVILLE. PA 17241. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) _RONALD LEE ARMOLD 556 ROXBURY ROAD NEWVILLE, PA 17241 WANDA KAY ARMOLD 556 ROXBURY ROAD NEWVILLE, PA 17241 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: VAlNC SELECT SIRES Last Known Address (if address cannot be reasonably ascertained, please indicate) PO BOX 370 ROCKY MOUNT, VA 24151 Name CARGILL INC. 320 N 16TH STREET LEBANON, PA 17042 DONALD GROFF RD 2 BOX 155 NEWVILLE PA 17241 CHARLES GROFF RD 1 BOX 60 BLAIN, P A 17006 '1 ... 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GREEN TREE CONSUMER DISCOUNT COMPANY 3401 HARTZDALE DRIVE, STE 132 CAMPHILL, PA 17011 CRESCENT FINANCIAL CORP. PO BOX 8201 CHERRY HILL, NJ 08034 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 556 ROXBURY ROAD NEWVILLE, PA 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 FRANK E. YOURICK, JR. P.O. BOX 644 MURRYSVILLE PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are ma 'subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsw falsificat' to aut orities. September 19,2006 DATE Of COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. Plaintiff, CUMBERLAND COUNTY No. 06-1378 v. RONALD LEE ARMOLD WANDA KAY ARMOLD Defendant(s). September 19,2006 TO: RONALD LEE ARMOLD 556 ROXBURY ROAD NEWVILLE, PA 17241 WANDA KAY ARMOLD 556 ROXBURY ROAD NEWVILLE, P A 17241 **THIS FIRM IS A DEBT COLLECTOR A1TEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 556 ROXBURY ROAD. NEWVILLE. PA 17241. is scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$138.121.25 obtained by COUNTRYWIDE HOME LOANS SERVICING. LP. FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MA Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale ifthe bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 I' f LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece ofland sitUate in Upper Miftlin Township, Cumberland County, Pennsylvania, bounded and described as follows: HEGlNNING at railroad spike in the centerline of State Route No. 0997 at the Southwest comer of Lot No. 3A on hereinafter mentioned plan of lots; thence through said centerline, North 42 degrees 7 minutes 36 seconds East 98 09 feet to an existing p.k. nail; thence continuing by same North 40 degrees 42 minutes East 491.23 feet to a point in said centerline of State Route No. 0997 and land now or formerly of russell Buer, ill; thence by last said land South 48 degrees 18 minutes East 443.19 feet to land now or formerly of Connie Brymesser; thence by last said land South 60 degrees 3 minutes West 518.02 feet to an existing iron pin; thence by the same and land now or formerly of Alan F. Hostetter, South 60 degrees 25 minutes 20 seconds West 125.14 feet to a post; thence by land now or formerly ofDonaldM. Kail North 42 degrees 37 minutes 15 seconds West 70.07 feet to an existing iron pipe; thence by land now or formerly of Richard L. Clair, Jr., North 45 degrees 8 minutes 34 seconds West 159.85 feet to a point in the centerline of State Route No. 0997 to the point and place of BEGINNING. BEING the same premises which Carl J. Hippensteel and Erma M. Hippensteel, his wife by Deed of even date and intended to be forthwith recorded, granted and conveyed unto Ronald Lee Armold and Wanda Kay Armold, his wife. ALSO BEING same premises which Carl J. Hippensteel and Erma M. Hippensteel, his wife by Deed dated June 28,1976 and recorded at Cumberland County, Pa. in Deed Book R, Vol. 26 page 401, granted and conveyed unto Ronald Lee Armold and Wanda Kay Armold, his wife, Grantors herein. PROPERTY BEING: 556 ROXBURY ROAD ~().fW~ D\o-4-- mIoDO\ File #: 130230 (") f; \Jr~ rut ?,=" '< J?: I," :b.(" ~~S? -j .._-- ~ ,-:::;:. c."", cr" {/) rn -0 N ~ :C-n n'- -oFf; -rJt? i:.")b ~~~ :1-; (:') (") ''-rn S :r:: ~ ::t'" :x C!? ..s::- o:> ,. . Phelan Hallinan & Schmieg By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff COUNTRYWIDE HOME LOANS SERVICING LP FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-1378 SALE DATE: MARCH 7, 2007 RONALD LEE ARMOLD WANDA KAY ARMOLD Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 Daniel G. Schmieg, Esquire, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriffs Sale was made by sending a true and correct copy by regular mail to FRANK E. YOURICK, JR., ESQ., Attorney of Record for Defendant(s), RONALD LEE ARMOLD & WANDA KAY ARMOLD at P.O. BOX 644, MURRYSVILLE, PA 15668 on SEPTEMBER 20, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.4904 relating to the unsworn falsification to authorities. By: I ..b. ) rt. [111 lill r1! ~liJ lilt 118 "lii ).1'11 ~il ~Ilz Hilt, It.!l Ii) .11' st. fliJ! rIm i s~~ ~~l~! ,.' ~. r! Q ~ o ;\ ~ a l ~ i :1 ~ ~ S ;, '" ~:l! ::: 1 I! 0 g z Ix: J! i .~ I iU ~ ~ ~ I-t L~"! ~ Ss " ~ . ! i.ll-g i. ~ ~E ~ ~ 'j';~ 1 ~ ~ ~ 8.... on 0 ::~~~ i \!l i! ~ ~ ~ ?lt3 8 ~ _ ~ ~ IS . ~ to i ! rn \l.o i 0 VI Q - ~ ~ ~ -< ~. ~ ~ II !!ii~~~~l!i ~~~iH~~~ x'" ~ 1!1!::t:: E!l:: ~l:l ~ I ~ ~ ~ ( m i ~ I ~. ~ ~ ,. ~ m g ~..;;; ,{ ~ 0 8 ~ ~ a ~:: ~ $ !: ~,,~ ~ E~ "u:. ~ ~ ~ ~ 9 15 ~ ~ I!i!:~~" Ii! lil&;;t ~ O~a"''''' ."~ 9 "I ~h i I ! i u i i ~ II ; Ibn i inUnitii~ ~ i~' a II .. .z e ::II z .I. u .v. . i: '" c ~1 ~5 ~ - N ('\ 'If '" \Q r-- 00 0\ l '811 1] liEi.. - 1.' _ ,..."" n ~~ r--,) C:.;;.J '-:::::) 0...... c::.' rq (J N -0 ~~i ~~ 53 -< N PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans Servicing, LP, for the Benefit of Morgan Stanley Mortgage Capital, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-1378 Ronald Lee Armold Wanda Kay Armold Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1 . Plaintiff commenced this foreclosure action by filing a Complaint on March 10, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered by Court Order dated September 6,2006. Praecipe for Assessment of Damages was entered on September 21, 2006 in the amount of $13 8, 121.25. A true and correct copy of the Praecipe for Assessment of Damages is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1 03 7(b)( 1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4 The Property is listed for Sheriffs Sale on March 7, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3 129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 3/07/07 Per Diem $30.30 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit $124,625.09 16,772.60 148.83 2,575.00 1,097.00 0.00 ] 57.50 0.00 0.00 0.00 0.00 3,005.91 TOTAL $148,381.93 6. The judgment formerly entered is insufficient to satisfY the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. I I '-1 1 .~-1 Date:~ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Countrywide Home Loans Servicing, LP, for the Benefit of Morgan Stanley Mortgage Capital, Inc. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-1378 Ronald Lee Armold Wanda Kay Armold Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 556 Roxbury Road, Newville, P A 17241. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security ofthe Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments S 191. Stephensonv.Butts, 187Pa.Super. 55, 59, 142A.2d319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171,595 A.2d 179(1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In Rey. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent ofthe outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the M0l1gage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms ofthe Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: )} y 107 BYi helan Hallinan & Sch ieg, LLP L Exhibit "A" PHELAN HALLINAN & SCHMIEG~ LLP LA WRENCE T. PHELAN, ESQ., Id No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA., PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS. CIVIL DIVISION TERM L~ NO. O~ - J37P C10'! ~ Plaintiff v. CUMBERLAND COUNTY RONALD LEE ARMOLD WANDA KAY ARMOLD 556 ROXBURY ROAD NEWVILLE, P A 17241 Defendants o ~~:: CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE c;:: ;. ~-;. L;" -'-; .; You have been sued in court. If you wish to defend against the claims set forth in the tOifuYtint'~ pages, you must take action within twenty (20) days after this complaint and notice are served, by<; r::? 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 11IIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIDLE PERSONS AT A REDUCED FEE OR NO FEE. _. .".,_,."~."o~''J G8rt\~Y than \,r..: 0 b.:.:,',"'" ~ :':rl ~e an .., :,. "(\ h8 a Lv V'.Jl't!l\; \ ,-,-,,:. 01 ins . i r" c'..J''J'j ~ csnc...a ," I. 1 ,ecoru . ""'ia\ \\\e;O 0 0n~)\. Lawyer Referml Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 ~'" A TrORNEY PLkASE RF1LE COpy fTURN File #: 130230 ~ = .~ ~ o 1'1 =:I n'j ~~ -(J iT; :--i] l~1 ;;J ~~~ ~;.? f5 :'oc;; 111 ~I ~;7 -< ~.~c~ :;':J o -v PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ.~ Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-1000 COUNTRYWIDE HOME LOANS SERVICING) LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPIT AL, INC. 71 05 CORPORATE ORNE PLANO. TX 75024 A TIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CML DIVISION TERM NO. CUMBERLAND COUNTY v. RONALD LEE ARMOLD WANDA KAY ARMOLD 556 ROXBURY ROAD NEWVILLE, P A 17241 Defendants CIVIL ACTION - LA Vi COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff Yau 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 BEWW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. . IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WIlli INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 '!Va hereby certify the within to be a true and correct copy of the \ original filed of record .. ..;. . ~ <,", File II: 1302j{) File II: 130230 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACf, IS V.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY FORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DA YS OF RECEIPT OF THIS PLEADINGt COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITfEN VElUFICA nON THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE V ALID. LIKEWISE, IF REQUESTED WITHIN mmTY (30) DAYS OF RECEIPT OF TillS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE TIDRTY (30) DAY PERIOD FOLLOWING FIRST CONT ACf WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES TBA T YOUR ANSWER TO TBIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFfER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITlllN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPtAINTt THE LAW REQUIRES US TO CEASE OUR ;EFFORTS (TIlROUG.H LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, TIDS IS NOT AN ATIEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. 71 05 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant{s) are: RONALD LEE ARMOLD WANDA KAY ARMOLD 556 ROXBURY ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. Ort 07/2612005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1916, Page: 2395. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 1 % 1/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 130230 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2005 through 03/09fl006 (Per Diem $30.72) Attorney's Fees Cumulative Late Charges 07/26/2005 to 03/09/2006 Cost of Suit and Title Search Subtotal $124,625.09 5,836.80 1,250.00 198.44 $ 550.00 $ 132,460.33 Escrow Credit Deficit Subtotal 0.00 100.60 $ 100.60 TOTAL $ 132,560.93 7. The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorneys fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage docwnent, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, Or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Iudgment against the Defendant(s) in the sum of$ 132,560.93, together with interest from 03/0912006 at the rate of $30.72 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and saie of the mortgaged property. By: File #: 130230 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece ofland situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at railroad spike in the centerline of State Route No. 0997 at the Southwest corner of Lot No. 3A on hereinafter mentioned plan of lots; thence through said centerline, North 42 degrees 7 minutes 36 seconds East 98 09 feet to an existing p.k. nail; thence continuing by same North 40 degrees 42 minutes East 491.23 feet to a point in said centerline of State Route No. 0997 and land now or formerly of russell Buer, ill; thence by last said land South 48 degrees 18 minutes East 443.19 feet to land now or formerly of Connie arymesser; thence by last said land South 60 degrees 3 minutes West 518.02 feet to an existing iron pin; thence by the same and land now or formerly of Alan F. Hostetter, South 60 degrees 25 minutes 20 seconds West 125.14 feet' to a post; thence by land now or formerly of Donald M. Kail North 42 degrees 37 minutes 15 seconds West 10.07 feet to an existing iron pipe; thence by land now or formerly of Richard L. Clair, Jr., North 45 degrees 8 minutes 34 seconds West 159.85 feet to a point in the centerline of State Route No. 0997 to the point and place of BEGINNING. BEING the same premises which Carl I. Hippensteel and Erma M. Hippensteel, his wife by Deed of even date and intended to be forthwith recorded, granted and conveyed unto Ronald Lee Armold and Wanda Kay Armold, his wife. ALSO BEING same premises which Carl J. Hippensteel and Erma M. Hippensteel, his wife by Deed dated June 28, 1976 and recorded at Cumberland County, Pa. in Deed Book R, Vol. 26 page 401, granted and conveyed unto Ronald Lee Armold and Wanda Kay Annold, his wife, Grantors herein. PROPERTY BEING: 556 ROXBURY ROAD Filo II: 130230 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103~1814 (215) 563-1000 A~ 1 rG':;,~~,,~ l. '\. h"./ -~:t i--~~:~']...." ~j' t::/; .~.., . .ri...t,'j ~,,!,,' J 'C.t r,...,,-, ~ CJ:J~' (~/-.:~~ ~ :,..It"t J~ \I " <;;:: l Ot;.;~' Ii COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PlQ$AS~ ,-- (:.= CIVIL DIVISION 92~';' ~ :;:-: c- f':> NO. 06-1378 ~.:~ .-' ~.,..v., ~ ?; ~~~".j ~~ I..... r. 0.) ~--7- ~.:4 ~r-"" -< (,7.) o -n .-\ :r:." r11p -(" i'Tl :i1q o ,-1-, ;~ij ~j~~ j:')- ~ ;.-<, v. RONALD LEE ARMOLD WANDA KAY ARMOLD Defendallt(s). l4.Tro ::;' "} E\' P! E Pt~)::'sE: - . PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages in favor of the Plaintiff and against RONALD LEE ARMOLD and WANDA KAY ARMOLD, Defendant(s) for Foreclosure and Sale of the mortgaged premises. Assess Plaintiff's damages as follows: As set forth in Complaint Interest from 3/9/06 to 9/6/06 TOTAL $132,560.93 $5,560.32 $138,121.25 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance-with Rule 237.1 c yattached. - DAMAGES ARE HEREBY ASSESSED AS INDICATED. ~ ,// DATE: \]1'"\ ---L 'j 1 \, ::J..6D~ 46' - >,- - ~ PRO PROTH;"".r- 130230 409/06/2006 13:44 of ~~NU.~'::J4 L.llQ~ IN THE COURT OF COMMON PLEAS OF CUM:BERLAND COUNTY, PENNSYL V AN1A CQuntrywide Home Loans Servicing. LP, .For The Benefit Of Morgan Stanley Mortgage CllpWtl~ Inc. : Court of Common )>Ieas 7105 Corporate Drive flano, TX 75024 : CivH Division PJaintiff YS. : Cumberland County Ronald Lee Annold : No. 06-1318 Wanda Kay Armold 556 Roxbury Road Newville) PA 11241 Defendants AND NOW. this .b ORnEn day of Yl,{; !, /J Ii J. '\Jr~ ,2006 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support lhereof, and upon considennion of the Response, if any, filed by Defendants] the Court delermines that Plaintiff is entitled to Summary Judgment as a matter ofIaw, and it is hereby: ORDERED and DECREED lhat an in rem judgment is entered in favor of Plaintiff and against Defendants, Ronald Lee Armold and Wa~da Kay Armold, for .$132,560.93 plus interest from Marc:h 9, 2006 at the rate of$30.72 pl.T diem and other costs and chatges collectible under the mortg~ge, . OT foreclosure and ,,<,/ ".~--;;:t;' /,/"/ sale of the mortgaged property. ,//// /.0/ ~ J. ".~ COPY FROM 'RECORD '~r-,.., ....aA, I here ...... hIN' od IIIe ~f at salll c~ Ill. nl:~~ ~ ot .. .~ ~ , :. ~ h1 ". ," . ,. I!f . ........~.';II.,.. .',,::. .. '.. " _ ~. VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. c.s. 94904 relating to unsworn falsification to authorities. DATE:~ By: ieg, LLP PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans Servicing, LP, for the Benefit of Morgan Stanley Mortgage Capital, Inc. Plaintiff vs. Ronald Lee Armold Wanda Kay Armold Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-1378 CERTIFICA TION OF SERVICE I hereby certifY that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof were sent to the following individuals on the date indicated below. Ronald Lee Armold Wanda Kay Armold 556 Roxbury Road Newville, PA 17241 DATE:~ Frank E. Y ourick Jr., Esquire P.O. Box 644 Murrysville, P A 15668 Phelan Hallinan & Schmieg, LLP By:/ 1M>>r~~ ichele M. Bradford, EsqUIre Attorney for Plaintiff r-:> -,::> c:.:.> :..-.a L- ..~" .. , "-.- I Cf) () .:.n ~, fnF. ::? 'cS1 . ~): (~) L ,o"i :~!l~ -";? e.C '-<, ;."'! ... C:? co )- JAN 12 2DD7J1' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Countrywide Home Loans Servicing, LP, for the Benefit of Morgan Stanley Mortgage Capital, Inc. Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-1378 Ronald Lee Armold Wanda Kay Armold Defendants RULE AND NOW, this I ~. day of ~Lilltt2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff s Motion to Reassess Damages. Rule Returnahle on the I 31i- day of J ~2007, at I f; 'I S AM at the ~.nJ County Courthouse, C~ , Pennsylvania,.A.nJ ~UtJ'7fo..- ~~1 ~ >- ....,.- <( 1---' U~J ~;2 ~~:; (?[~. :'"', r'.-~ ~o~ r,lU ~-[- 1-- LL o o ('") (") ~::!- rJ__ a... I.D Z e~"" ...:::; r-- C'.;> = C'"ooJ ,.i' ~. ....... PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire A TIORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Countrywide Home Loans Servicing, LP, for the Court of Common Pleas Benefit of Morgan Stanley Mortgage Capital, Inc. Civil Division Plaintiff Cumberland County vs. No. 06-1378 Ronald Lee Armold Wanda Kay Armold Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws the Motion to Reassesses Damages, which it filed on January 4,2007. ;.lA9/n Da , J'.' .... PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Countrywide Home Loans Servicing, LP, for the Court of Common Pleas Benefit of Morgan Stanley Mortgage Capital, Inc. Civil Division Plaintiff Cumberland County vs. No. 06-1378 Ronald Lee Armold Wanda Kay Armold Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Withdraw its Motion to Reassesses Damages was sent via first class mail to the person on the date listed below: Ronald Lee Armold Wanda Kay Armold 556 Roxbury Road Newville,PA 17241 Frank E. Y ourick Jr., Esquire P.O. Box 644 Murrysville, P A 15668 DATE: By: ~ = = ........ <- > :ze w ~ -t :C-n rnp -rjtn -:J C~J -) C) ._;:~ =l1 ':;~ ~~ s );.~ ~ -0 ::; w .. w c:- Countrywide Home Loans Servicing, LP, For the Benefit of Morgan Stanley Mortgage Capital, Inc. VS Ronald Lee Armold and Wanda Kay Armold In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1378 Civil Term Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on December 7, 2006 at 1715 hours, he 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: Ronald Lee Armold and Wanda Kay Armold, by making known unto Ronald Armold personally and husband of Wanda Kay Armold, at 556 Roxbury Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 17,2007 at 1607 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ronald Lee Armold and Wanda Kay Armold located at 556 Roxbury Road, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Ronald Lee Armold and Wanda Kay Armold, by regular mail to their last known address of 556 Roxbury Road, Newville, P A 17241. These letters were mailed under the date of January 12,2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriffs Costs: Docketing Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Levy Surcharge Certified Mail 30.00 280.00 15.00 15.00 .50 1.00 26.40 15.00 30.00 4.64 Law J oumal Patriot News Share of Bills So Answers: ~~~~ R. Thomas Kline, Sheriff ByJ'b~~ Real Estate Sergeant 355.00 404.66 16.83 $1194.03 / lit)'] )07 ~ 1> I. S 5~ , ./" 'I Ci"'~' 1-.1 ' . cq 7 J 4- I~.\ ' I l" ~o COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION RONALD LEE ARMOLD WANDA KAY ARMOLD NO. 06-1378 Defendant(s ). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) COUNTRYWIDE HOME LOANS SERVICING. LP. FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL. INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .556 ROXBURY ROAD. NEWVILLE. PA 17241. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) _RONALD LEE ARMOLD 556 ROXBURY ROAD NEWVILLE, PA 17241 WANDA KAY ARMOLD 556 ROXBURY ROAD NEWVILLE, PA 17241 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: CARGILL INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) PO BOX 370 ROCKY MOUNT, VA 24151 320 N 16TH STREET LEBANON, PA 17042 Name V A1NC SELECT SIRES DONALD GROFF RD 2 BOX 155 NEWVILLE P A 17241 CHARLES GROFF RD 1 BOX 60 BLAIN, PA 17006 t' ':' 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) GREEN TREE CONSUMER DISCOUNT COMPANY 3401 HARTZDALE DRIVE, STE 132 CAMPHILL, PA 17011 CRESCENT FINANCIAL CORP. PO BOX 8201 CHERRY HILL, NJ 08034 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 556 ROXBURY ROAD NEWVILLE, P A 17241 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 FRANK E. YOURICK, JR. P.O. BOX 644 MURRYSVILLE P A 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are masubject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsw falsificaf to aut orities. September 19. 2006 DATE ) COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. Plaintiff, CUMBERLAND COUNTY No. 06-1378 v. RONALD LEE ARMOLD WANDA KAY ARMOLD Defendant(s). September 19,2006 TO: RONALD LEE ARMOLD 556 ROXBURY ROAD NEWVILLE, P A 17241 WANDA KAY ARMOLD 556 ROXBURY ROAD NEWVILLE, PA 17241 * * THIS FIRM IS A DEBT COLLECTOR AITEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at. 556 ROXBURY ROAD. NEWVILLE. PA 17241. is scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$138,121.25 obtained by COUNTRYWIDE HOME LOANS SERVICING. LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3 . You may also be able to stop the sale through other legal proceedings. .. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in Upper Mifflin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at railroad spike in the centerline of State Route No. 0997 at the Southwest comer of Lot No. 3A on hereinafter mentioned plan oflots; thence through said centerline, North 42 degrees 7 minutes 36 seconds East 9809 feet to an existing p.k. nail; thence continuing by same North 40 degrees 42 minutes East 491.23 feet to a point in said centerline of State Route No. 0997 and land now or formerly of russell Buer, Ill; thence by last said land South 48 degrees 18 minutes East 443.19 feet to land now or formerly of Connie Bryinesser; thence by last said land South 60 degrees 3 minutes West 518.02 feet to an existing iron pin; thence by the'same and land now or fonnerly of Alan F. Hostetter, South 60 degrees 25 minutes 20 seconds West 125.14 feet to a post; thence by land now or formerly ofDonaldM. Kail North 42 degrees 37 minutes 15 seconds West 70.07 feet to an existing iron pipe; thence by land now or formerly of Richard L. Clair, Jr., North 45 degrees 8 minutes 34 seconds West 159.85 feet to a point in the centerline of State Route No. 0997 to the point and place of BEGINNING. BEING the same premises which Carl J. Hippensteel and Erma M. Hippensteel, his wife by Deed of even date and intended to be forthwith recorded, granted and conveyed unto Ronald Lee Armold and Wanda Kay Armold, his wife. ALSO BEING same premises which Carl J. Hippensteel and Erma M. Hippensteel, his wife by Deed dated June 28, 1976 and recorded at Cumberland County, Pa. in Deed Book R, Vol. 26 page 401, granted and conveyed unto Ronald Lee Armold and Wanda Kay Armold, his wife, Grantors herein. PROPERTY BEING: 556 ROXBURY ROAD ~f}fW~ D\o-4-- \t)\ODo \ File #: 130230 : WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1378 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS SERVICING, LP, FOR THE BENEFIT OF MORGAN STANLEY MORTGAGE CAPITAL, INC., Plaintiff (s) From RONALD LEE ARMOLD AND WANDA KAY ARMOLD (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify hirnlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $138,121.25 L.L. $.50 Interest FROM 9/6/06 TO 3/7/07 (PER DIEM - $22.70) -- $4,131.40 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $139.20 Other Costs ADD'L FEES - $2,882.50 Plaintiff Paid Date: SEPTEMBER 21,2006 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 Real Estate Sale # 15 On October 31, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Upper Mifflin Township, Cumberland County, P A Known and numbered as 556 Roxbury Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 31, 2006 By: . Ot,,{ .) V v\..Ltl Real Estate Sergeant .' ;.fi:t"~ ~ .-. ",....::..=J ,....C\, t _......~=;.I ..::::-..::;) :.~ ~ Fa 90:b 'v' gZ d3S qaDZ REAL ESTATE SALE NO. 15 Writ No. 2006-1378 Civil Countrywide Home Loans Servicing. LP. for the Benefit of Morgan Stanley Mortgage Capital. Inc. vs. Ronald Lee Armold and Wanda Kay Armold Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in Upper Mifflin Township. Cumberland County. Pennsylvania. bounded and de- scribed as follows: BEGINNING at railroad spike in the centerline of State Route No. 0997 at the Southwest comer of Lot No. 3A on hereinafter mentioned plan of lots; thence through said centerline. North 42 degrees 7 min- utes 36 seconds East 98 09 feet to an existing p.k. nail; thence con- tinuing by same North 40 degrees 42 minutes East 491.23 feet to a point in said centerline of State Route No. 0997 and land now or formerly of Russell Buer. III; thence by last said land South 48 degrees 18 min- utes East 443.19 feet to land now or formerly of Connie Brymesser; thence by last said land South 60 degrees 3 minutes West 518.02 feet to an existing iron pin; thence by the same and land now or formerly of Alan F. Hostetter. South 60 de- grees 25 minutes 20 seconds West 125.14 feet to a post; thence by land now or formerly of Donald M. Kai1 North 42 degrees 37 minutes 15 seconds West 70.07 feet to an existing iron pipe; thence by land now or formerly of Richard L. Clair. Jr., North 45 degrees 8 minutes 34 seconds West 159.85 feet to a point in the centerline of State Route No. 0997 to the point and place of BE- GINNING. BEING the same premises which Carl J. Hippensteel and Erma M. Hippensteel, his wife by Deed of even date and intended to be forth- with recorded, granted and con- veyed unto Ronald Lee Armold and Wanda Kay Armold. his wife. ALSO BEING same premises which Carl J. Hippensteel and Erma M. Hippensteel. his wife by Deed dated June 28, 1976 and recorded at Cumberland County, Pa. in Deed Book R, VoL 26 page 401. granted and conveyed unto Ronald Lee Armold and Wanda Kay Armold, his wife. Grantors herein. PROPERTY BEING: 556 ROX- BURY ROAD. Parcel # 06-4-106031. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEAL TH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 26, and February 2, 2007 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. ----- ...' .. REAL ESTATE SALE 115 Writ No. 200&-1371 CIvIl T.... _ CouIJIr)wIde Home LoBns Servicing, LP, for the BenefIt of Morgan Stanley Mortgage CapItal, Inc. Vs. Ronald Lee Armold and Wanda Kay Armold Ally: Daniel Schmieg DESCRIP110N AlL THAT CElUAJlIl.lot of piece of land situate in Upper Miffiin Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at railroad spike in the centerline of State Route No.f1H1 at the Southwest comer of Lot No. 3A 00 hereinafter mentioiJed plan of lots; thence through said centerline, North 42 degrees 7 minutes 36 seconds East 98 09 feet to an existing p.k. aail; thence continuing by same Norrh 40 degrees 42 minutes East 49113 feet to a point in said centerline of State Route No. f1H1 and land now or fOIJDCdy of Russell Buer, m; thence by last said land South 48 degrees 18 minutes East 443.19 feet to land now or fonnerly of Connie Brymesser. thence by last said land South 60 degrees 3 minutes West 518.02 feet to an existing iron pin; thence by the same and land now or formerly of Alan F. Hostetter, South 60 degrees 25 minutes 20 seconds West 125.14 feet to a post; thence by land now or formerly of Donald-M. Kail North 42 degrees 37 minutes 15 seconds West 70.07 feet to an existing iron pipe; thence by IlIIId !lOW or ......, <<ltidIml L. CIIir. Jr., Ned 45 ~ ,-..res 341lllXl1lds WesllSCJ.8S fat to I poiIIt in die ceIIIlItiBe rI S. IWuIe No. . f/111 tD'" plIiIIt")llIIce rlBlDNNG. BEING the me. premises which Carl 1. ~ and &ma. M. Hippeusteel, his wife by Deed of evfflI date and intended to . ..... recmid,. g&ntrAI and cooveycl~ .....LeeArmold and Wanda Kay ~ lie wilt. ALSO BFJNG same premises which Carl 1. Hippensteel and Fnna M. Hippeostee1. his wife by Deed dated June 2S, 1976 and recorded at Cumberland County, PA in Deed Book: R, ~, 26, page 401, granted and conveyed unto Ronald Lee Armold and Wanda Kay Armold, his wife, Gnam hemn. PIDIIDY BFJNG: 556 ROXBURY ROAD Partel # 06-4-106031 . . . \ THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Conunonwealth of Pennsylvania, County of Dauphin: ss Joseph A. Dennison, being duly sworn according to law, deposes and says: rhat he IS the Assistant Controller of The Patriot News Co., a corporation organized and existmg under the la ws of the Conunonwealth 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 Pemlsylvania, owner and publisher of The Patnot- 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 ,vere 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 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject mattcr 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 tIllS 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. PUBLICA TION COPY SALE#15 .. J. .... ~'1m~.............,.....,....,..,.....,... efore me this 26th day of February 2007 A.D. COMMONWEALTH OF FENNSYLvANlA I ,. .~otarial ~eai ..' ... ' '. J ! I erry '_. Mussell, ilJotary t--'ubll<., i City Of Harrisburg, " U in County i, My Com. . sion Expire 8une 6, 2010 .-k:; //;~ )/ie...m. ber, p. e n~. /2. ssociatioil of ~tarie~ //.. {If,? (;l {// [( ~:4?-t. .~ { NARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTy' COURTHOUSE CARLISLE. PA. 170U