HomeMy WebLinkAbout06-2019
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THE LAW OFFICES OF BARBARA A. FEIN, p,c.
Barbara A, Fein I LD, No, 53002
Kristen D, Little I LD, No, 79992
Jacqueline F, McNally I LD, No, 201332
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE, in Trust
for the Holders of Structured Asset
Investment Loan Trust Mortgage Pass
Through Certificates, Series 2003-BCI,
Plaintiff,
v,
ROBERT A, MURPHY,
Executor of THE ESTATE
OF EDNA STOUFFER, Deceased
Defendant.
CIVIL ACTION
File No.06-J3571
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO, 01.0 - dbl?
C/'u~l~~
COMPLAINT IN MORTGAGE FORECLOSURE
NOTICE
NOTlCIA
YOU HAVE BEEN SUED fN COURT IF YOU WISH TO DEFEND
AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES,
YOU MUSIT AKE ACTION WITHIN TWENTY (20) DAYS AHER THIS
COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN
APPEARANCE PERSONALLY OR BY A TIORNEY AND FlUNG IN
WRITING W1TH THE COURT YOUR DEFENSES OR OBJECTIONS TO
THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT
IFYOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU
AND A JUDGMENT MAYBE ENTERED AGAINST VOU 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
OFFlCE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH lNFORMA TION ABOUT HIRING A LAWYER. IF YOU CANNOT
AFFORD TO HIRE A LAWYER, THIS OFFlCE MAYBE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY
OFFER LEGAL SERVICES TO EUGIBLE PERSONS AT A REDUCED
FEE OR NO FEE.
Lawyer Referra] Service (717) 249-3166
Cumberland County Bar Association (800) 990-9108
32 South Bedford Street
Carlis]e,PA 17013
LE HAN DEMANDADO A USTED EN LA CORTE. 81 USTED QUI ERE
DEFENDERSEDE ESTAS DEMANDAS EXPUESTAS EN LAS PAGlNAS
SIGUIENTES, USTED IlENE (20) DIAS DE PLAZO A PARTIR DE LA
FECHA DE LA DEMANDA Y LA NOTIFlCACION. liSTED DEBE
PRESENT AR UNA APARIENCIA ESCRIT A 0 EN PERSONA 0 POR
ABOGADO Y ARCHlV AR EN LA CORTE SUS DEFENSAS 0 SUS
OBlECIONES A LAS DEMANDASENCONTRA DE SU PERSONA. SEA
A VISA DO QUE 51 USTED NO SE DEFIENDE, LA CORTE TOMARA
MEDIDAS Y PUEDE ENTRAR UKA ORDEJ'..: CONTRA USTED SIN
PREVIO A VISO 0 NOTIFICACION 0 POR CUALQIER QUEJA 0
AUVIO QUE ESPEDIDO EN LA PETICION DE DE MANDA. USTED
PUEDE PERDER DINERO, 5US PROPIEDADES 0 OTROS DERECHOS
IMPORT ANTES PARA liSTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI
NO TIENE A80GADO 0 SINO TIENE EL DINERO SUFICIENTE PARA
PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME paR
TELEFONO A LA OFIClNA CUY A DIRECCION SE ENCUENTRA
Ese RITA ABAJO PARA AVERIGllAR DONDE USTED PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Lawyer Referra] Service (7] 7) 249-3166
Cumberland County Bar Association (800) 990-9108
32 South Bedford Street
Carlisle, P A ]7013
NOTICE REQUIRED UNDER THE FAIR
DEBT COLLECTION PRACTICES ACT,
15 U.S.C. ~ 1601 (AS AMENDED) AND
THE PENNSYLVANIA UNFAIR TRADE PRACTICES
ACT AND CONSUMER PROTECTION LAW,
73 PA. CON. STAT. ANN. ~ 201, ET SEQ. ("THE ACTS")
To the extent the Acts may apply, please be advised of the following:
1. The amount of the original debt is stated in the Complaint attached hereto,
2, The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are
Creditors to whom the debt is owed,
3, The debt described in the Complaint attached hereto and evidenced by the copies of the
mortgage and note will be assumed to be valid by the Creditor's law firm, unless the
Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the
validity of the debt or some portion thereof.
4, If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days ofthe
receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm
will obtain verification ofthe debt and a copy ofthe verification will be mailed to the Debtor
by the Creditor's law firm,
5, If the Creditor who is named as Plaintiff in the attached Complaint is not the original
Creditor, and ifthe Debtor/Mortgagor makes written request to the Creditor's law firm within
thirty days from the receipt of this notice, the name and address ofthe original Creditor will
be mailed to the Debtor by the Creditor's law firm,
6, Written request should be addressed to:
THE LAW OFFICES OF BARBARA A. FEIN, P,C,
Attention: Kristen D, Little, Esquire
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
*THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT
AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE
1.
(a)
The Plaintiff, LaSalle Bank National Association, as Trustee, in Trust for the
Holders of Structured Asset Investment Loan Trust Mortgage Pass Through Certificates, Series
2003-BCI, is the holder of a mortgage as below described,
(b) Select Portfolio Servicing Inc" is a corporation having been organized under
the laws of the State of Utah and having its principal place of business at 3815 South West Temple,
Salt Lake City, UT 84115,
(c) Select Portfolio Servicing Inc, is the loan servicing agent for Plaintiff,
maintaining the business records for the Plaintiff! Mortgagee in the ordinary course and scope of
business,
2,
(a)
The residential mortgage being foreclosed upon is secured by property
located at
Mainsville Road, within the Southampton Township, Cumberland County,
Pennsylvania,
(b) All documents evidencing the residential mortgage have been recorded in the
Recorder of Deeds' Office in Cumberland County, Pennsylvania,
(c) The Mortgage was executed on October II, 2002 and was recorded on
October 21,2002 in Mortgage Book 1778, at Page 1143,
(d) The legal description for this parcel is attached and incorporated as Exhibit
"A" (Mortgaged Premises),
( e) The herein named Plaintiff has standing to bring the instant action by virtue
of Assignments of Mortgage, duly and publicly recorded as below:
People's Choice Home Loan, Inc,
LaSalle Bank National Association, as Trustee, in Trust for the
Holders of Structured Asset Investment Loan Trust Mortgage Pass
Through Certificates, Series 2003-BCI
Recording Date: As Recorded
(Assignment) Book: As Recorded
At Page: As Recorded
Assignor:
Assignee:
(f) By virtue of Pennsvlvania Rules of Civil Procedure Rule 1147 (I) and
10 19(9), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies
of the above mentioned publicly recorded documents to this mortgage foreclosure action, These
documents are, however, appended hereto and incorporated herein by reference as Exhibit "B",
3, (a) The Real Owner of the subject property is Edna Stouffer, by virtue ofa Deed
dated June 25,1971 and recorded July 7,1971 in Deed Book Volume E24, Page 54,
(b) Upon information and belief, Edna Stouffer, died an intestate resident of
Cumberland County on November 9, 2005,
(c) The Estate of Edna Stouffer was probated with the Cumberland County
Orphan's Court, Proof of appointment of Robert A. Murphy as Executor of said Estate is appended
as Exhibit "C",
(d) Decedent Edna Stouffer held her interest in the subject property as both Real
Owner and a Mortgagor. Defendant Estate of Edna Stouffer now succeeds to the Decedent's
interest.
4, The mortgage is in default because the Defendant, her successors in interest, her
Estate or Personal Representatives of the Estate above named failed to timely tender the monthly
payment of$823,96 on November I, 2005, and thereafter failed to make the monthly payments,
5, As authorized under the mortgage instrument, the loan obligation has been
accelerated,
6, Plaintiff seeks entry of judgment in rem on the following sums:
(a) Principal balance of mortgage due and owing $87,769,91
(b) Interest due and owing at the rate of 10,55% 4,612,96
calculated from the default date above stated
through March 31, 2006
Interest will continue to accrue at the per diem
rate of$25,30 through the date on which judgment
in rem is entered in Plaintiff's favor.
(c) Late Charges due and owing under the Note 696,32
in accordance with the Mortgage Instrument
(d) Escrow Advances made by Plaintiff Mortgagee on 2,845,19
behalf of Defendant mortgage account
(e) Recoverable Balance expense
under the mortgage terms 12,10
(f) Court Costs and fees as recoverable
under the mortgage terms, estimated 300,00
(g) Attorneys' fees 4,388.49
Calculated as 5% of the principal balance due,
in accordance with the mortgage terms
TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $100,624.97
7,
(a)
The attorneys' fees set forth as recoverable at Paragraph 6(g) are in conformity
with Pennsylvania law and the terms of the mortgage, and will be collected in the event of a third-
party purchaser at a Sheriff's Sale onlv,
(b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriff's
Sale, Plaintiff's actual attorneys' fees (calculated at counsel's hourly rate) will be charged based upon
work actually performed,
8, (a) The original principal balance of the Mortgage is more than Fifty Thousand
($50,000,00) Dollars,
(b) Under ACT 6, 41 P,S, SIOI, et seq" Plaintiff Mortgagee is not obliged to
serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting
foreclosure proceedings,
9,
(a)
The subject mortgage is governed by ACT 91 ofl983 35 P,S, S 1840.40IC,
et seq..
(b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the
Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance
Program", by regular mailing, prior to initiating foreclosure proceedings,
(c) Appended hereto and incorporated herein by reference as Exhibit "D" are
copies of the Notices required, having been sent on the date set forth on the Notice,
(d) The Defendant has failed to make a timely application for financial assistance
with the Pennsylvania Housing Finance Agency,
WHEREFORE, the Plaintiff, LaSalle Bank National Association, as Trustee, in Trust for the
Holders of Structured Asset Investment Loan Trust Mortgage Pass Through Certificates, Series
20m-BCI, demands:
Entry of judgment in rem against the Defendant above named in the total
amount of $100,624,97 as stated Paragraph 6, plus all additional interest and
late charges accruing through date of judgment entry; and
Foreclosure and Sheriffs Sale of the subject mortgaged property,
Respectfully Submitted,
THE LAW OFFICES OF BARBARA A, FEIN, p,c.
BY:
(1Uj Q.
Barbara A, Fein, Esquire
Attorney for Plaintiff
Attorney LD, No, 53002
ALL THAT CERTAIN lot of ground with dwelling house erected thereon situate in Southampton
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the Shippensburg-Mainsville Road, also known as the Stoney Point
Road, at the Western line of a 20 foot public road (formerly a private road), thence by the last-
mentioned road, South 27 degrees, 45 minutes East 150 feet to a stake at line of land formerly
of John S, Clever and Pearl I. Clever, his wife, now of Don J, Clever and Patricia A. Clever, his
wife, thence by the same South 67-1/2 degrees West 70 feet to a stake at lands of Kenneth
Weller, thence by the said land of Kenneth Weller, North 27 degrees 45 minutes West 150 feet
to a point in the center of the aforesaid Stoney Point Road, thence by the center of the said
road, North 67-1/2 degrees East 70 feet to the place of Beginning,
Tax Parcel #: 39-36-2424
TITLE TO SAID PREMISES IS VESTED IN Robert A, Murphy, Executor of the Last Will and
Testament of Edna M, Stouffer, deceased, by reason of the following:
BEING THE SAME premises which Pauline R, Coy, Widow, by Deed dated 6/25/1971 and
recorded 7/7/1971 in the County of Cumberland in Deed Book Volume E24, Page 54,
conveyed unto Lester D, Stouffer and Edna M, Stouffer, his wife,
AND THE SAID Lester 0, Stouffer died on
vested in Edna M, Stouffer by right of survivorship,
AND THE SAID Edna M, Stouffer being so seized thereof, in fee, departed this life on
11/9/2005 having first made her Last Will and Testament in writing bearing the date of
2/26/1998, duly proven and registered at Cumberland County, PA, being Will No, 21-05-1037
of 2005, wherein and whereby the said Testatrix did nominate, constitute and appoint Robert
A, Murphy, Executor of her Estate to whom Letters Testamentary were duly granted by the
Register of Wills of Cumberland County, PA, on 11/30/2005,
whereby title to said premises became
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CERTIFPLJ TRUE AN~
CORRECT COPY;ff
Prepared By:
Return To:
Pam Ingelle
7525 Irvine Center Drive Suite 250.
Irvine, CA 92618
PEOPLE'S CHOICI BOMB ~OAN, INC.
7525 IRVIHB CBHTIR DR. SUITE 250,
IRVINB. CA 92618
Parcel Number:
39&36-2424-01
ISpace AboYe Thb Line For Recordbl, Dltal
MORTGAGE
DEFINmONS
Words used in multiple sections of this dOCumcDt are defined bclow and other words are defined in
Sections 3. 11, 13. 18,20 and 21. Certain rult$. regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrumeoc" meam this document, which is dated October 11, 2002
loscther wilh all Riders to this document.
(B) "Borrower" is BDHA M. STOU'!'PBR, AN tJNMARRIID WOMAN
Borrower is the mortgagor under this Security Instrument.
(C) "Leader" is People' 8 Choice Home Loan, IDe.
Lender is a CORPORATION
10033457
PENNSYLVANIA. Sin;l. Family - Fannl. M..lfr.ddl, M.c UNIFORM INSTRUMENT
~'6IPA)'DOO.Ull
""'.'111
Form 3039 1101
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111111111111111111I111
17$126 0003932498 Mortgage3l13nJol
......'''''OIlTliA(lrFOII..S 11001521.1211
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ALL that certain lot of ground with dwelling house erected thereon situate in Southampton Township,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING al a point in the Shippensburg~Mainsville Road, also known as the Stoney Point Road. at the
Western line of a 20 foot public road (formerly 8 private road), lhence by the lasl.mentioned road, South 27
degrees, 45 minutes East 150 feet to a stake at line of land formerly of John 8. Clever and Peart I. Clever, his
wife, now of Don J. Clever and Patricia A. Clever, his wife. thence by the said land of Kenneth Weller, North 27
degrees 45 minutes West 150 feet to a point in the center of the aforesaid Stoney Point Road, thence by the
cenler or the said road, North 57-1/2 degrees Easl70 feet to the place of BEGINNING,
BEING KNOWN AS PARCEL NUMBER: 39-35.24201-ll1
(20020.94., .I'FDI20020894"I34)
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organized and existing under the laws of WYOMING
Lender's address is 7525 IRVINE C'BNTBR PRo SUITB 250, IRVJ:!m, CA 92618
Lender is the mortgagee under this Security lnslrument.
(D) "Note" means the promissory note signed by Borrower and daledOctober 11. 2002
The Nole slates Ihat Borrower owes lender BIGBTY -NI:NB THOUSAND TWO KUNDRBD AND 00/100
Dollars
(U.S. $ 89,200.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than November 1, :1032
(E) "Property" means the propeny that is described below Wlder the heading -Transfer of Rights in lhe
Propeny"
(F) IlLaao" means the debt evidenced by the Note, plus interest. any prepayment charles and laic: chargC!J
due under the: Note, and all Sum!I due under this Security Instrument. plus interest.
(G) "Rldersn mearu; all Riders 10 this Sa:urity Instrument thaI are executed by Borrower. The following
Riders are to be e~uled by Borrowa' {check box u applicable]:
B Adjustable Rate Rid~r
Balloon Rider
OVA Rider
B Condo...runiwn Rider 8 Sccom1 Home Rider
PlaMed Unit Development Rider 1-4 Family Rider
D Biweekly Payme., Rider Other(s) (specify)
(8) "Applicable Law.' means all caouolling applicable federal, stale and local statutes, regulalions.
ordinances and administntivc. rules and orders (thai have the effect of law) as welt as all applicable fmal.
non-appealable judicial opinions.
(0 "'CoDUduoity AssocialioD Ducs, Fees, and Assessmml5" means all dues. fees. assessments and other
charges that are imposed on Borrower or the Property by a condominium as.sociation, homeowners
association or similar organization.
(J) lIElrdrooic Fuels Transrer" means any transfer of funds. ocher than a transaction originated by
check, draft, or similar paper instrument. which is initialed through an electronic tenninal, lelephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a fmancial institution to debit
or credit an account. Such term includes, bUI is nol limiled 10, point-of-sale transfers, automaled teller
machine transaclions. lransfers initialed by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Escrow Items" means those ilems that are described in Section 3.
(L) "Miscellaneous Proacds" means any compensation, setUemenl, award of damages, or proceeds paid
by any third pasty (other than insurance proceeds paid under the: coverages de:scribed in Settion S) for: (i)
damage to, or destruc.tion of, the. Property; (ii) condemnation or other taking of all or any pan or the
Property; (Hi) conveyance in lieu of condemnation; or (iv) misrepresenlations of, or omissions as 10, the
value and/or condition or Ihe Property.
(M) llMortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on.
the Loan.
(N) "Periodic Payment" means the regularly stheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Inslnunent.
10033451
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Farm 3039 1/01
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(0) "RESPA" means the Real Estate Settlement Procedures Act (12 V.S.C. Section 2601 el seq.) and its
implementing regulation, Regulation X (24 C.F,.R. Pan 3500), as they rrught be amended from lime 10
time. or any additional Of successor legislation or regulation that governs the same subject matter. As used
in Ihis Security Instrument. "R.ESPA" refers 10 aU requirement! and re51riclioR$ (hat arc imposed in regard
10 a "federally related mortgage loan" even if the Loan does not qualify 85 a "redcndly related mongagc
loan" under RESPA.
(P) "SuttcSSOr In IDterest of Borrower" means any party lhal hIlS laken title to the Prope:ny I whether or
not that par1y has wwncd Borrower's obligations under the Nole and/or this Security (mummeRt,
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to under: ei) the repayment of the Loan, and all renewals. extensions and
modifications of the Note; and (ii) the performance of Borrower's tQvenanU and Bgreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mol1gage, Irant and convey 10
Lender the following described property haled in the COmrrY {Type 0' Recordill. JUflsdlclloll1
ofCWzlberlancl INlmc of RCtonljn. Jltrisdkliolll:
SBB LBGAL DBSCRIP1;ION A'l'TACHBD HDBTO AND MADB A PART DRBOP AS BXHISIT
'A'
which cunently has the address of 1 HAINSVILLB ROAD
SHIPPBNSBURG
('Propcny Address");
(Cllyj. Pennsylvania 17257
ISlIfe11
IZipCodcl
TOGETHER WITH all the improvement! now or hereafter erected on the property. and all
easc=mcnts, appurtenances. and fix.ture:s now or hereafler a part of the properlY. All replacemcnls and
additiom shall also be covered by this Security Instrument. All of die foreloing is referred to in this
Security Instrument as the -Property. .
10033457
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fo,m 3039 1101
G.8IPAIIOOOII.Ol
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BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right 10 mortgage. grant and convey the Property and lhat the Property is unencwnbcred. Cllcept fOf
encumbrances of record. Borrower warrants and will defend generally the title to the Pmpcny against all
claims and demands, subjeet to any encumbrances of record.
THIS SECURl1Y INSTRUMENT combines Wliform covenanLS for national use and non-uniform
coveniIDts with limited variations by jurisdiction to colISlilute a untronn securilY instrument covuing real
propeny,
UNlfORM COVENANTS. Borrower and Lender covenant and agree as CoI10W$:
1. Payment of Princlpal. loterest, Escrow Items, Prepayment Cbarges, and laic Charges.
Borrower shaJJ pay when due the prim:ipal of, and intert.u on, the debl evidenced by the Note and any
prcpaymenl charges and late chargts due under the Note. Borrower shall also pay fwxls for Escrow hems
pursuant to Section 3. Payments due under Ihe NOll: and this Security Instrument ahall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Nole or this
Securily Instrument is returned 10 Lender unpaid, lender may require that any or all subsequent paymcnu
due under the Note and this Security Instrument be made in one or more of the following f01'TDS. as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check. treasurer's check or
cashier's check, providec:t any such check is drawn upon an institution whose deposits art insurm by a
federal agency, ioslNmentality, or entity; or (d) Eleclronic Funds Tr8J1Jfer.
Payments are deemed received by Lender when received at the location designated in Ihe Nole or at
such other location as may be de3ignated by Lender in accordance wilh the notice provisions in Section 1.5.
Lender may return any payment or panial payment if the payment or partial payments are insufficienlto
bring the Loan current. Lender may accept any payment or partiaJ payment imufficient to bring the loan
currenl, without waiver of any rights hereunder or prejudice to its rights 10 refuse such payment or partial
payments in the future, but Lender is nol obligated 10 apply such payments at tbe lime such payments are
aa:epled. If each Periodic Payment is applied as of its scheduled due dale, Uten Lender need not pay
intere31 on unapplied funds. Lender may hold such unapplied funds unlil Borrower makes payment 10 bring
the Loan current. If Dorrower does nol do so within a reasonable period of lime. Lender shall either apply
such funds or return them to Borrower. If not applied earlier. 5uch funds will be applied to the outslanding
principal balmcc under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the fulure against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or perfonning lhc covenants and agreements secured by this Security
Instrument.
2. ApplicalioD of PaymeDls or Proceeds. Except as otherwise described in this Section 2, aU
payments accepted and applied by Lender shall be applied in the following order of priority: (a) intcrat
due under Ihe Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied 10 each Periodic Payment in lhe order in which it became due. Any remaining amounts
shall be applied first 10 laic charges, second 10 any other amounts due under this Security Instnunem, and
then (0 reduce the principal balance of the Nole.
If Lender receives a payman from Borrower for a delinquent Periodic Payment which includes a
sufftcienl amounl 10 pay any late charge due. the paymenl may be applied 10 the delinquent payment and
Ihe late charge. If more than one Periodic Payment is outstanding. Lender may apply any payment received
from Borrower 10 the repayment of the Periodic Paymenu if, and to the extent thai. each payment can be
10033457
O.,.-lIlPAlroOOll-01
Inld.fI,GIn.:5
Form 3039 1101
'''.'0111
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paid in full. To the extent that any excess exiSIS after the paymenl is applied 10 the full payment of onc or
more Periodic Payments. such excess may be applied 10 any Iale charges due. Voluntary prepayments shall
be applied firsllo any prepayment charges and then as described in the Note.
Any application of paymenl$, insurance proceeds. or Mi:scc:llancous Proceeds to principal due under
the Note shall not extend or poslpone the due date, or change the amount, of the Periodic Payments.
J. Fuods for Escrow Items. Borrower shall pay 10 Lender on Ihe day Periodic: Paymt'n15 are due
under the Note. until the NOle is paid in full. a sum (the "Funds") to provide for payment of amount! due
for: (a) taxes and assessments and aliter Items which can alliin priority over this Security Instrument as a
lien or encumbrance on the Property: (b) leasehold payments or Bround rents on the Property, if any; (c)
premiums for any and all iruurance required by Lender under Seclion S; and (d) MOr1gage hl5uranct
premiums. if any, or any swns payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance pn:miums in accordance with lhe provisiom of Section 10. These items are called ~Escrow
Items, - At origination or at any time during lhe tenn of the Loan. Lender may require that CommWlily
Association Dues, Fees, and Assessments. if any. be escrowed by Borrower, and such dues, fees and
as5CSSMenlS shall be an Escrow Icem. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under Ihis Sec(i~m, Borrower shall pay Lender the Funds for Escrow Item; unless Lender waives
Borrower's obligation IO,pay the Fund" for any or all Escrow Items, Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event oCsuch waiver. Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for wbich payment of Funds has been waived by Lender and. if Lender requires,
shall furnish to Lender receipls evidencing such payment within such time period as Lender may require,
Borrower's obligation to make such payments and to provide receipLS shall for all purposes be deemed to
be a CQvenanl and agreement contained in this Security Instrument. as the phrase ~coveoant and a&reement~
is used in Section 9. t( Borrower is obligated to pay Escrow Items din:clly. pUXSUUlt 10 a waiver, and
Borrower fails to pay lhe amount due for an Escrow Item, Lender may exercise its righls under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to reply to Lender any such
amount. Lender may revoke the waiver as to any or all EscIow Items at any time by a notice given in
accordance with Seclion IS and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounls, that are then required under this Section 3.
Lender may, at any time. collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds al the lime specified under RESPA, and (b) not to exCCtd the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of cuneol dala and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordanct with Applicable
Law,
The FWKls shall be held in an institution whose deposits are insured by a federal agency,
instrumentalicy, or entity (including Lender. if Lender is an instllulion whose deposits are SO imured) or in
any F~eral Home loan Bank, Lender shall apply the Funds to pay the Escrow Itcnu no laler lhan the time
specified under RESPA. Lender shall not charge Bonower for holding and applying the Funds, annually
analyzing the escrow account. Of verifying the Escrow hems. unle~ Lender pays Borrower interest on the
Funds and Applicable Law pennits Lender to make such a charge. Unless an agreement is made in wrlling
or Applicable Law requires interest to be paid on lhe Funds, lender shall nol be required to pay Borrower
any interesc or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
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shall be paid on the Funds. Lender shall give to Borrower. without charge, an annual accounting of the
Funds as required by RESPA.
1r there is I surplus of Funds held in escrow, IS defined under RESPA. lender shall account to
Borrower fOf the excess funds in accordance: with RESPA. If there is a shonage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA. and Borrower shall pay 10
Lmder the amount necessary [0 make up the shortage in accordance with RESPA. but in no more than 12
monthly paymenlS. If there is a deficiency or Funds held in escrow, as defined UDder RESPA. Lender shall
notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary 10 make
up the deficiency in accordance with RESPA. but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security lnsuumenl, Lender shall promptly refund
10 Borrower any Funds held by Lender.
4. Charges; Lieos. Borrower shall pay all lues. assessments, charges, fines, and impositions
attributable to the Property which can attain priorit)' over this Security Instrument. leasehold payments or
ground rents on the Property. if any, and Community Associalion Dues. Fees. and Assessments, if any. To
the extent that these items are Escrow Ilems. Borrower shall pay them in (he manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this SecurilY InstRunenl unle5$
Borrower: (a) agrees in w.riling to the payment of the obligation secured by the lien in a nwmer acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevenl the enforcement of the lien while those proceedings are pending, but only W1til IUch proceedings
ate concluded; or (c) secures from the holder of the lien an agn:emcnl salisfacaory to Lender subordinating
the lien 10 this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can allain priority over'this Security IlL5tnunent, Lender may give Bonower I notice idenlifylng the
lien. Within 10 days of the date on which WI notice is given. Bonower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one. time charge for a real estate tax verification andlor
reponing service used by Lender in cormection with this Loan.
S. Property InsunDce. Borrower shall keq>> the improvements now existing or hereafter erected on
the Propeny insured against loss by fire, huards included within the term "extended coverage," and any
other hazards including, but not limited to, emhquakes and noods. for which Lender requires insurance,
This insurance shall be maintained in the amounlS (including deductible levels) and for lhe periods that
Lender requires. What Lender requires pursuant 10 the preceding sentences can change during the tenn of
the Loan. The insurance carrier providing the il15urance shall be chasm by Borrower subject 10 Lender's
right 10 disapprove Borrower's choice, which righl shall not be exercised unreasonably. Lender may
require Borrower to pay. in connection with this Loan, either: (8) 8 one-time chuge Cor nrod zone
dClennination. cenificalion and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subaequent charges each time remappings or simiJu changes occur which
reasonably might affect such dClerminalion or cenification. Borrower shall also be responsible for the
payment of any fees impol5ed by the Federal Emergency Manasemcnt Agency in connection with the
review of any flood woe determination resulting from an objection by Borrower.
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If Borrower fails 10 maintain any or the coverages described above, Lender may obtain iruiurance
coverage, al Lender's option and Borrower's ~nse. Lender is under no obligation to purthase any
panicular Iype or amount of coverage. Therefore, such coverage shall cover Lender. but might or might
nol protect Borrowt:r. Borrower's equity in the Property. or the conlcnlS of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in efrecl. Borrower
acknowledges that the cost of the insurance coverage 50 obtained might significanlly exceed Ole cost of
insurance that Borrower could have obtained. Any amountS disbursed by Lender under this Seclion 5 shall
become additional debt of Borrower secured by this SeeuriIY InslnJmenl. These amounts shall bear interest
at the Note rale from the date of disbunemenl and shall be payable, with such interest, upon notice from
Lmder 10 Borrower requC$ting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
righl to disapprove such policies, shall include a srandard mor1gage clause, and shall name under as
mortgagee and/of 85 an addilionallo55 payee. Lender shaJJ have the right to hold the policies and renewal
certificates. If Lender requires. Borrower shall promptly give 10 Lender all receipts of paid premiull1.1 and
renewal nolices. If Borrower obtains any fonn of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee andlor as an additional 1053 payee.
In the evenl of loss,. Borrower shall give prompt nolice to the insurance carrier and Lender. under
may make proof of loss if not made promplly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds. whether or not the underlying insurance was ~uired by Lender, shall
be applied to resloration or repair of lhc Property, if the restoralion or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the righlto
hold such insurance proceeds unlil Lender has had an opportunilY to inspect such Property 10 ensure the
work has been completed to. Lender's satisfaction. provided that such inspection $hall be undertaken
promptly. Lender may disburse proceeds (or the repairs and restoration in a single payment or in a series
of progress payments 8$ the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insuraru:e proceeds. Lender shall not be required to pay Borrower any
inleRSt or earnings on such proceeds. Fees for public adjusters, or other third partiea, retained by
Borrower shall not be paid out of the insurance proc:ecds and sball be the sole obligation of Borrower. 1f
lhe restoration or repair is not economically feasible or Lender's securilY would be lessened, the insurance
proceeds shall be applied 10 the sums secured by Ibis Security Inslrument, whether or not then due, with
the excess, if any. paid to Borrower. Such insurance proceeds shall be applied in the order provided (or In
Section 2.
Jf Borrower abandons the Property, Lender may file. negotiate and scllle any available insurance
claim and related mailers. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to seule a claim, then Lender may negotiate and seltle the claim. The 30.day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or olherwlse, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not 10 exceed the amounlll unpaid under the Note or this Security In.s1rument, and
(b) any other of Borrower's rights (other than the right 10 any refund o( uneamed premiums paid by
Borrower) under aU insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or res!ore lhe Property or
to pay arnowats unpaid under the Note or this Security Instrument, whether or not then due.
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6. Occupancy. Borrower shall occupy. establish. and use the Property u Borrower's principal
residence within 60 days after lhe execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal fe3idence for at least one year after the dale of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maioteaaate aDd Protection or tbe Property; Jnspectioos. Borrower shaJJ not
destroy. damage or impair the Property. allow the Property 10 deteriorate or commit waste on the
Property. Whether or 001 Borrower is residing in the Property. Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due 10 its condition. Unless it is
delennined pUr.iuant to Section 5 thai repair or restoration is Dot economically feasible, Borrower shall
promptly repair the Propeny if damaged to &void further deterioration or damage. Ir insurance or
condemnation proceeds are paid in conneclion with damage 10, or the laking of, the Propeny, Borrower
shall be responsible for repairing or restoring the propeny only if Lender tw released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single paymenl or in a series of
progress payments as lite work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the ~rope:rly, Borrower is not relieved of Borrower's obligation for the completion of
such rep.ir or relltoration., .
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cawe, Lender may inspect Ihe interior of the improvements on the Propeny. lender shall give
Borrower notice althe time of or prior to such Ul interior inspection specifying such reasonable causc.
8. Borrower's LoaD AppllcatiOD. BOlTower ahall be in ddault if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurale information or statements 10 Lender
(or failed 10 provide Lender with material infonnalion) in connection with the Loan. Material
representations include, but ue nol limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Prolectioo or Lea.der's Interest in the Property aud Rights Under this Sec:urity Instrument, If
<a) Borrower fails 10 perform the covenant, and agreements contained In this Security Instrument, (b) there
is a legal proceeding thai might significantly .ffect Lender', interest in the Property and/or rights under
this Security Instrument (such as a proeetding in bankruptcy, probate, for condemnation or rorreilurc, ror
enrorccment or a lien which may attain priority ovt!' this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, Ihen Lender may do and pay for wbatever is
reasonable or appropriate to protect Lender's interest in the Propeny and rights under this Security
Instrwnent, including protecting andlor assessing the value of the propeny, and securing and/or repairing
the Property. I..cndcr's actions can include. but are nol limited to: (a) paying any sums secured by 8 lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reuonable
allomcYli' fees to protett its interest in the Property and/or rights under this Security Instrument. including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is nOI limited 10,
entering the Property to make repairs. change locks, replace or board up doors and windows, drain waler
rrom pipes, eliminate building or other code violations or dangerow conditions, end have utilities lurned
on or off. Although Lender may lake action under this Section 9. Lender does not have to do so and is not
under any duty or obligation 10 do so. It is agreed thai Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
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Any amounts disbursed by Lender under this Section 9 shall become addilional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the dale of
disbunement and shall be payable, with such iDlcrest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold. Borrower shall comply with all Ihe provisions of lhe
lease. If Borrower acqui~ fee title to the Propeny, the leasehold and the fee tille shall not merge unless
Lender agrees 10 the merger in writing.
10. MortCBlc losurancc. If Lender required Mongage Insurance as a condition of making the Loan.
Borrower shall pay the premiums required 10 maintain the Monp.ge Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Under ceases to be available (rom the mortgage insurer Ihat
previously provtded such insurance and Borrower W85 required to make separately de.signsled payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage sub5lantially equivalent to the Mortgage Imurance previously in effece, at a cost subsuuuiaJJy
equivalenl 10 the 0051 10 Borrower of the Mortgage Insurance: previously In effect, from an ahemale
mongage insurer selecled by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender wi1l accepl, use and relain these
payments as a non-refundable loss reserve in lieu oC Mortgage Insurance. Such loss reserve shall be
non-refundable, notwitmtanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required 10 pay Borrower'any interest or earnings on such loss reserve. Lender can no longer require loss
reserve paymenls if Mortgage Insurance coverage (in the amount and for the period lhat Lender requires)
provided by an Insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designat~ payments lowud me premiums for Mortgage Insurance. If Lender required Mongage
Insurance as a condition of making Ihe Loan and Bonower was required to make separately designaled
paymenls loward the premiums for Mongage Insurance, Borrower Ihall pay the premiums required to
mainlain Mongage Insurance in effecl, or to provide I non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreemenl between Borrower and
Lender providing for such lenninalion or untilterminalion is required by Applicable Law. Nothing in Ibis
Seclion 10 aUccts Borrower's obligation 10 pay interesl Itlhe rate provided in the Note.
Mortgage Insurance reimburses Lender (or any coIil)! that purchases the NOle) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is nol a party to lite Mongage
Insurance.
Mongage insurers evaluate their 10lal risk on all such insurance in forte from time to lime, and may
cnler inca agreemenlS with other parlies that share or modify their risk, or mluce losses. These agreement!
arc: on tenns and conditions Ihat are satisfaclory to the mortgagt! insurer and Ihe other pany (or panics) to
Ihese agreemenls. These agreementS may require the mongage insurer to makc payments wing any source
of funds that Ihe mOrlgage insurer may have available (which may include funds obtained. from Mortgage
Insurance premiums).
As a result of these agreemenls. Lender. any purchaser of the NOle. another insurer, any reinsurer,
any other entily, or any affiliate of any of Ihe foregoing, may receive (directly or indirectly) amounts thai
derive from (or might be characterized as) a ponion of Borrower's paymcnll for Mongage Insurance. in
c~thange for sharing or modifying the mortgage insurer's risk, or reducing losses. Ir such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange fOT a share of the
premiums paid 10 Ihe insurer, the arrangement is often tenncd ~capUvc reiT15W'8l1cc." Funher:
(8) Any such agreements will not arrect Ihe amounts Ihat Borrower has agreed to pay for
Mortgage lDSW'8nce, or 80Y other terms of the Loan. Such 81ruments willllOt Increase tbe amount
Borrower will owe for Morlg8ge Insurance, BDd tbey will Dol entitle Borrower to 8ny reCund.
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(b) Any such agreements will Dol affect tbe rigbts BOrTOwt!r has . if 80Y . witb rfSpI!d to the
Mortgage IDsurance UDder the Homeowners Proted.iOD Act or 1998 or any other law. These righll
may include tbe right to receive certain disdosures, to l'8I1lest and obmlD cancellatioD Dr the
Mortgage Insurance, to bavc the Mortllle lDsurance termluted automatically, aad/or to receJn a
reCund of any Mortgalt Insurance prmdums that were mJeemed at the time of sueb cancellation or
termination.
11. Assignmeat DC MisceUaneous Proceedsj ForCeltWl:. All Miscellaneous Proceeds are hereby
assigned 10 and shall be paid to Lender.
If (he Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if lite restoration or repair i5 economically feasible and Lender's security is nol Ic.ssened.
During such repair and restoration period. Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity 10 inspect such Propeny 10 ensure the work has been completed to
lender's salidaclion, provided thai such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest 10 be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. Ir the restoration or repair is not economically feasible or Lender's security would
be lessened, me Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument.
whether or nOI then due, with the excess, if any, paid to Borrower. Such MisceJlaoeous Proceeds sball be
applied in the order provided for in Section 2.
In Ihe event of a total taking. deslrUClion. or loss in value of the Property. the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with
the e:llctSS, if any, paid to Borrower.
In the event of a partial taking. dcstNction. or loss in value of the Property in which the fair market
value of the Propeny immediately before the partial taking, destruction. or loss in value is equal to or
greater than the amount of die swns secured by this Security Instrument inunedialely before the partial
taking. destruction, or loss in value. unless Borrower and Lender olherwise agree in writing. the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (8) the total amourn or the sums secured immediately before Ihe
partial taking, destruction. or loss in value divided by (b) the fair market value of Ole Property
immediately before the partial taking. desnuClion. or Joss in value. Any balance shan be paid 10 Borrower.
In the event of a partial taking, destruction. or loss in value of the Property in which the fair market
value of the Property immediately before the partial laking, destruction, or loss in value is less than the
amount of the sums secured immediately before the panial taking, destruction, or loss in value. unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the: sums
sttured by Ihis Security Instrument whether or not the sums are then due.
If lhe Property is abandoned by Borrower. or if. afier notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle 8 claim for damages,
Borrower fails to respond to Lender within 30 days after the dale the notice is given. Lender is authorized
to collect and apply the Miscellaneous Proceeds either 10 restoralion or rqJair or the Property or to the
sums secured by this Security Instrument, whether or no[ then due. .Opposing Party. means the third party
[hat owes Borrower Miscellaneous Proceeds or the pany against whom Borrower has a right of action in
regard [0 Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal. is begun that. in
leAder's judgment. could result in forfcilure of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and. if
acceleration has occum:d. reinstate 8$ provided in Section 19. by causing Ihe action or proceeding to be
10033457
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dismissed with a ruling thal, in Lender's judgment. precludes forfeiture of Ute Propeny or other material
impainncnl of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributible to the impairment of Lender'! interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds thai are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbeanutce 8y LeDder Not a Waiver. Extemion of (be time for
payment or modification of amortizalion of the swm secured by this Security Instrument granted by Lender
to BolTower or any Successor in Interesl of Borrower shall not operate to release lhe liability of Borrower
or any SuctcSSors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or 10 refuse 10 extend lime for payment or otherwise modify
amortization or Ihe sums secured by this SecurilY Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower. Any rorbearance by lender in exercising any righl or
remedy including, without limitation, Lender's acceptance or payments rrom third persons, enlities or
Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy. ,
13. Joint and Several Liability; CHInen; Successors aDd Assilns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shalJ be joint and several. However, any Borrower who
co-signs this SecurilY 1nstrument but does not execute the Note (a -co-signer-): (8) is to-signing Ihis
Security Instrument only .10 mortgage, grant and convey lhe co-signe:r's interest in the Property under the
terms of Utis Security Instrument: (b) is not personally obligated to pay the sums secured by Utis Security
Inslrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations willi regard to the lenns or this Security Instrument or the Note without the
co.signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations undenhis Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instl'UJlleJ1t. Borrower shall not be released Crom
Borrower's obligations and liability under this Security Instrument unJess Lender agrees to such release in
writing. The covenants and agm:ments of this Security Instrument sball bind (except as provided in
Section 20) and benefit lhe: successors and assigns of Lender.
14. Loao CharllCS. Lender may charge Borrowtr fees for services performed in connection with
Borrower's default. for the purpose of protecting Lender's interest in the Property and righls under Ibis
Security Instrument. including, but not limited 10. attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrwnent to charge a specific
fee to Borrower shall not be constroed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets llUl.ltimum loan charges. and that law is finally interpreted 50
that lhe interest or other Joan charges collected or to he eollccted in cormection with [he Loan exceed the
pennitled limits, then: (a) any 5uch loan charge shall be reduced by the amount necessary to reduce the
eharge to the pcnnillcd limit; and (b) any sums already collected from Borrower which exceeded penn.iued
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under Ihe Note or by making a direct payment 10 Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not I
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
dirccl payment (0 Borrower will constitute a waiver of any right of Belion Borrower might have arising out
of such overcharge.
15. Notices_ All notices given by Borrower or Lender in coMeclion with this SecurilY Instrument
musl be in writing. Any nOlice to Bonower in connection with this SecurilY Instrument shall be deemed 10
10D33457
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have been given 10 Borrower when mailed by frrst class mail or when actually deliven:d to Borrower's
nolice address if sent by other means. Notice to anyone Borrower shall constitute nolice to all Borrowers
unless Applicable Law expressly requires othetwise, The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. U Lender specifies a procedure for reponing Borrower's
change of address. then Borrower shall only repon a change of address through that specified procedure.
There may be only one designated notice addrezs under this Security Instrument at anyone time. Any
nOlice 10 Lender shaJl be given by delivering it or by mailing it by first class mail 10 Lender's addresa
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lemler until actually
received by Lender. If any nolice required by lhis Security Instrument is also required under Applicable
Law. the Applicable Law requirement will satisfy the conesponding requirement undcr this Security
Instrument.
16. Gonroing Law; Severability; Rules or Construction. This Security Imlmment shall be
governed by federal law and the law of the jurisdiction in which Ihe Property is located, All righlS and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law mighl ell:plicilly or implicilly allow the parties to agree by conlract or it
might be silent, but such silence shall not be construed as a prohibition agaimt agreement by contract. In
the event lhat any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law. such conflict shall hot .rreet other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word .may. gives sole discretion without any obligalion to
lake any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of Chis Security Instrument.
18. TraD5rer or the Property or. BeaefldallDterat In BorTower. As used in this Section 18,
~Interc:st in the Property" means any legal or beneficial interest in the Propeny, including, but not limited
10, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agrrement, Ihe intent of which is the transfer of title by Borrower at a future dale to a purchaser.
If all or any part of the Property or any Interesl in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower Is sold or Iransferred) without Lender's prior
written consent, Lender may require immediate fnyment in full of all swns secured by this SecurilY
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of nol less than 30 days from the date the notice is given in accordance with Seelion 15
within which Borrower must pay all sums secured by this Security InslrUment. If Borrower fails to pay
these stUns prior to the cll:piration or Ihis period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinst.te After Acceleration. If Borrower meetS certain condilions.
Borrower shall have the right to have enforcement of this Security Inslrument discontinued al any time
prior 10 the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specIfy for the termination of
Borrower's right 10 reinstate; or (c) enlry of a judgmenl enforcing this Security hutrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the NOlc as if no acceleration had occumd; (b) cures any default of any alher covenants or
10033457
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agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but DOl limited
to, reasonable attorneys' fees. property inspection and valualion fees, and other fees incurred for the
purpose of prolccting lender's interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Prope:r1Y and
rights under Ihis Security Instrument. and BOrTower's obligation 10 pay the sums secured by this Security
Instrument. shall conlinue unchanged. Lender may require that Borrower pay such rcinslatement SUR13 and
expenses in one or more of the following forms, M seleclrd by Lender: (a) cash; (b) money order; (c)
certified check, bank check. treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposils are insured by a federal agency. instlUltlClltality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Seeurily Instrument and obHsations s!:tuRd hereby
shall remain fully effective as if no acceleration bad occurred. However, this right to reinslale shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicerj Notic:e of Grlevlacc. The Note or a panial interest in
the Note (together with this Security Instrument) can be sold one or more times wilhout prior notice 10
Borrower. ^ sale might result in a change in the entity (known as the ~loan ServicerR) thai collects
Periodic Payments due under the Note and this Security instrument and perfomu other mongage loan
servicing obligations under the Note. this Security Instrument, and Applicable Law. There also mighl be
one or more changes of. the loan Servicer ulUelalcd 10 a sale of the Note. If there is a change of the Loan
Scrvicer, Borrower will be given written notice of .he change which wiJl state the name and addrcs.s of the
new Loan Servicer, the address 10 which paymenlS should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter lhe Loan is
servit.-ed by a Loan Servicer other than the purchaser of the NOle, Ute RlOngage loan servicing obligalions
to Borrower will rtmain with the Loan Servicer or be transferred to a sUCCC$$or Loan Servicer and an: not
uswncd by the NOle pUrchaser unles.s olherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence. join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to Ihis
Security Instrument or that alleges that the other party has breached any provision 0(, or any dUlY owed by
reason of, this Security Instrument, until such Borrower or Lender tw notified the other party (with such
nolice given in compliance with the requirements of Section IS) of such alleged breach and afforded the
olher party hereto a reasonable period aner the giving of such notice to lake corrective action. If
Applicable Law provides a time period which must elapse before certain action can be laken, thai time
period will be deemed 10 be reasonable for purposes of Ihis paragraph. The DoliCt of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 U1d the DOtice of acceleration given 10
Borrower pursuant to Section 18 shaJJ be deemed 10 salisfy the notice and opponunity 10 lake corrcctive
aClion provisions of this Section 20.
21. nazardous SubstaoteS. As used in this Section 21: (8) RHazardous Substances~ arc Ihose
substances defined as toxic or hazardous subslances, pollutants. or wastes by Environmental Law and the
following substances: gasoline, kerosene, other nammable or toxic pelroleum produt:t!l, toxic peslicides
and herbicides, volatile solvents. malerials containing asbestos or fOnnaldehyde. and radioactive materials;
(b) "Environmental Law~ means federal laws and laws of the jurisdiction where the Property is located that
relate 10 health. safety or environmenla! protection; (c) ~Environmenta1 Cleanup~ includes any response
ilction. remedial attion. or removal aClion, as defined in Environmental Law; and (d) an "Environmental
ConditionR means a condition that can cause, contribute 10, or otherwise trigger an En'Viroruncntal
Cleanup.
100]]457
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Form 3~39 1101
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Borrower shall nOI cause or pe:nnit the presence, use, disposal, storage. or release of any Hazardous
Substances, or threaten to release any Hazardous SUNlances, on or in Ihe Property. Borrower shall not do.
nor allow anyone else to do. anything affecting lhe Property (a) thai is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (e) which. due to the presence, use, or release of a
HlI1.ardous Substance. creates a cORdillon that adversely af(ects the value of the Praper1Y. The preading
two sentences shall not apply 10 the presence, use, or storage on the Property of small quantities of
Hazardous Substances thai arc generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but nollimiled to, hazardous subslances in consumer producu).
Borrower shall promptly give lender written nolice of (a) any investigation. claim. dettW1d. lawsuit
or other Belioo by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower be actual knowledge, (b) any
Environmental Condition, including bu[ not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Subs[ance, and (c) any oonditioD caused by the presence, use or relew of a
Hazardous Substance which advenely arfects the value of the Property. If Borrower leams, or is notified
by any govenunental or regulatory authority, or any private pany, that any removal or other remediation
of any Hazardous Sulntance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actio", in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Bonower and Lender further covenant and agree as follows:
22. Acttleration; Remedies. lAnder sballghe notice to IkJrrower prior 10 aemeration followioa
Borrower's breach of any tOVenaDt or agreement In this Security lastrument (buc aot prior to
acceleralion under Section 18 unlas Applicable Law provides otherwise). Lender sball ooliry
Borrowtr' of, among other tblngs: (a) Cbe delaull; (b) the adloD required Co cure tbe deraullj (t) when
the default must be turedj and (d) tbat failure to c:ure the default as s~ned may result in
acctleratlon of Ihe sums secured by this Security lostrumeal, foreclosure by Judicial prOCftdlogllod
sale of Ihe Property. Lender shall further inform Borrower of tbe rigbC to reinstate aner acceleration
Bad tbe nghC to assert in the foreclosure proc:eediug tbe DOD-exWlence 0' a deCault or aDY olber
defense of Borrower Co accelerallon aDd foreclosure. It the default Is Dot cured as specified, Lender at
its OpliOD may require Immediate payment in full DC all sums 5<<ured by Cbb Secwity lastrumeat
withoul l'urtber demand and may (aredose this Security InslrumenC by judicial proceed.lDg. Lender
shall be eaCllltd to collect an expenses toCl1lTed In pursuing tbe remedies provided. in Chis Section Zl,
including, but not UmiCed 10, aUorneys' fees and costs of tllIe evidence to the extenl permitted by
Applicable Law.
23. Release. Upon payment of all sums secured by this Security Inslrument, this Security In:su\lmenl
and the estate conveyed shall tenninate and become void. After such occurrence. Lender shaJl discharge
and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security In:srrumem, but only if the fee is paid 10 a third party for services
rendered and the charging of lIle fee is permilled under Applicable Law.
24. Waivers. Bonowcr, 10 the extent pennilted by Applicable Law, waives and releases any error or
defecls in proceedings to enforce this Security lnstrumenl, and hereby waives the benefit of any presenl or
fulure laws providing for Itay of e~eculion. e~tet15ion of time. exemplion from attachment. levy and sale.
and homestead exemption.
25, Reinstalement Period. Borrower's time 10 reinstate provided In Section 19 shall exlend [0 one
hour prior to the commencemenl of bidding aL a sherirrs sale or other sale pursuant 10 Ihis Securily
Inslrument.
26. Purchase MODey Mortgage. If any of the debl secured by this Securl[y Instrument is lent to
Borrower to acquire title to Ihe Property. this Security Instrument shaJl be a purchase money mortgage.
1.7. Interest Rate After Judgmeut. Borrower ag~ that the intert.st rate payable after a judgment is
entered on the NOll: or in an action of mortgage foreclosure shall be: the rate payable from time to time
under the Note.
10033457
1r\;1I",: 12111s
Form 3039 1101
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BY SIGNING BELOW, Borrower accepts and agreea to the lenns and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnes5es:
J';)'MAA 7 ?rr 7h /J/A./
(Seal)
.Borrower
(Seal)
.BorroWrf
(Seal)
.Bonower
1003]457
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.Borrowrr
(Seal)
.BorlOwer
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.Borrower
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Form 3039 1/01
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the corrett rtSS 01 the within.named Mortgagee is 1525
IRVINB, CA 92618
Wilnes, my hand this /1-tJ/ day or
. do hereby certify thai
IRVIn CBN'1'ER DR. 81J:ITB 250.
~ t't';{
Alent of Mof1&llee
COMMONWEALTII i:W PENNSYLVANIA,
On thi'. \hO II ~ h day or
W1dersigned officer, personally appeared
[d"", ..M
( ... ..., be, I,,,,,) Conaty 55:
Oel-ob~rl :l,Op::t ,beroreme,the
S 1'0,,- {fer
known to me (or
satisfactorily proven) ~~ the personN whose name~@'an: subscribed 10 the within inslrument and
acknowledged lhal he~lhey executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto se, myJw1d and official seal,
My Commission Expires: )",,, c :J. 0 I 'J.OO'~
.A.._A I ?Y -I!.dl.&.4l'
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NotAriBI Seal
On:JOJy W. ~1IllS, NOIIJ)' P'tlbllt'
Lopn Twp.. Blair Counl)'
M)' CommillWn ElpjI'C'J June 20. 2005
Membel,Pe~..AuocIatlonotNol8r1et
10033457
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Form 3039 1101
Estate of EDNA I, rrciUFFER
, \. ,.Deceased
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DECREE OF PROBATE AND GRANT OF LETI'ERS
0D
AND NOW NOVE"lJlER . 2005 , in consideration o{tho petition on
tho reverso "leU: hereof, satist'acloty pioofhaving been preBeDted bCfuro mo,
IT IS DECREED that tho iD&trumont(s) da10d 212611998
described therein be admitted to probate and filed of reeord as tho Jast will of EDNA M. STOUFFER
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andLoltms TESTAMENTARY
are hereby gnmted to
ROBEIn' A. MURPHY
FBES
Proballl,Letters,Etc., . . . " . . $ Z(,,(),OO
ShortCertiiioates(4 ).......$ IIP.DO
i\'I"-gillli'II, WB.J-,.. . .. . . s ~~D
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ATIORNllY . LD
64 SOUTH PITT STREET
CARLISLE PA 17013
ADDRllSS
717-243-6090
PHONIl
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EXHIBIT
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SJ>SISELECT
Port olio
sEilVrcING, in~
7182 6389 3060 0757 5014
January 30, 2006
#BWNJXZF
STOUFFER EDNA ESTATEOF
341 FARMINGTON DR
SHlPPENSBURG, P A 17257
m
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is an official notice that the mormae:e on vour home is in default. and the lender intends to foreclose. Soecific
information about the nature of the default is nTovided in the attached DaRes.
The HOMEOWNER S MORTGAGE ASSISTANCE PROGRAM IHEMAPl may he ahle to helD to save your
borne. This Notice emlains how the DTO!!T8m works.
To see if HEMAP caD helD. YOU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with YOU wheD YOU meet with the
Counselinl! Ae:encv.
The name. address and ohone number of Consumer Credit CotDlseliu2" Af!encies servin!! your County are listed at
the end of this Notice. If vou have any ouemans.. vou may call the Pennsylvania Housinl! Finance Al!encv toll-free at
(8001342-2397. PersoDs with imDaired heariDe caD call (7171 78~1869,
This Notice contains important legal information. If you have any questions, representatives at the Consumer
Credit COWlseJing Agency may be able to help explain it. You may also want to contact an attorney in your area.
The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUSTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VNIENDO EN SU CASA. SI NO COPRENDE EL CONTENIDO DE ESTA NOTIFICACION
OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA
HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER
ELEGmLE PARA UN PRESTAMO POR EL PROBRAMA LLAMADO HOMEOWNER S EMERGENCY
MORTGAGE ASSISTANCE PROGRAM EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL
DERECHO A REDIMIR SU HlPOTECA.
Homeowner'sName:
Property Address:
STOUFFER EDNA ESTATEOF,
1 MA1NSV1LLE ROAD
SHlPPENSBURG PA 17257
0003932498
Loan Acet No.:
Original Lender
Current Lender I Servicer:
Select Portfolio Servicing, Inc.
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HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE ACT), YOU MAY BE ELIGffiLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
. IF YOU MEET OTHER ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYL VANIA HOUSING FINANCE AGENCY,
TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice, During that time, you must arrange and attend a face-to-
face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING
MUST OCCUR WITHIN THE NEXT (30) DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED
HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO
DATE,
CONSUMER CREDIT COUNSELING AGENCIES If you meet with one of the consumer credit counseling agencies
listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date ofthis meeting,
The names addresses and telenhone numbers of desilrnated consumer credit counselinl! agencies for the county in which
the nfODertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting.
Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE your mortgage is in default for the reasons set furth later in this
Notice (see following pages for specific information about the nature of your default), [fyou have tried and are unable to
resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner s Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only
consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty
(30) days of your face-to-face meeting,
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED
AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE
WILL BE DENIED,
AGENCY ACTION Available funds for emergency mortgage assistance are very limited. They will be disbursed by the
Agency under 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 proceedings will be pursued against
you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency ofits decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT
(If yw have filed bankruptcy you can still apply for Emergancy Mortgage Assistance)
LR640
EBOOS6INCP/10-Q.l
HOW TO CURE YOUR MORTGAGE DEFAULT IBrin~ it uo to date)
NATURE OF THE DEF AUL T:
The MORTGAGE debt held by the above lender on your property located at:
I MAINSVILLE ROAD
SHIPPENSBURG PA 17257
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
Payment of $823.96 per month due from 11/01/2005
through 01/01/2006 payment (a total of 3 months):
(Mortgage payment includes Escrow
Payment of $4.67 per month) :
Accrued Late Charges
Non~Sufficient Funds (NSF) I Return Check Fees
Escrow Advances for Hazard Insurance,
Real Estate Taxes and/or Municipal Liens:
Other Advances (Property Preservation) :
Funds on Account: **
Total Amount Due:
$ 2.471,88
$ 696.32
$ 0,00
$ 2,845,19
$ 0.00
$ 0,00
$ 3,168,20
** Funds on A ccount typically represent a partial payment of principal and interest received that cannot be applied to the
loan.
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use ifnot applicable)
HOW TO CURE THE DEFAULT You may cure the default within THIRTY (30) DAYS of the date of this Notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,168.20, PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Pavments must be made either bv cash cashier s check certified check or money order made navable and sent
to:
Select Portfolio Servicing, Inc.
Remittance Processing
P,O Box 9001710
Louisville, KY 40290-1710
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (do not
use if not applicable)
IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments, Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also
intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
IF THE MORTGAGE IS FORECWSED UPON The mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required to pay the reasonable attorney s fees that were actually incurred, up to
$50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually
incurred. by the lender even if they exceed $50.00. Any attorney s fees will be added to the amount you owe the lender,
LR640
EBOOS7/NCPI10-<l4
which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will
not be required to pay attorney s fees.
OTHER LENDER REMEDIES The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF S SALE If you have not cured the delimit within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the defuult and prevent
the sale at any time up to one hour before the Sheriff s sale. You may do so by paying the total amount then past due, plus
any late or other charges then due, reasonable attorney s fees and costs connected with the foreclosure sale and any other
costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under
the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same
position as if you had never defaulted.
EARLIEST POSSffiLE SHERIFF S SALE DATE It is estimated that the earliest date that such a Sheriffs Sale of the
mortgaged property could be held would be approximately six (6) months from the date of this Notice, A notice of the
actual date of the Sheriff s Sale will be sent 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 payment or action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
PHONE NUMBER:
FAX NUMBER:
Contact Person:
Select Portfolio Servicing, Inc.
P,O, Box 65250
Salt Lake City, UT 84165-0250
1-800-635-9698
(80 I) 293-2600
Desiree Phillip
NAME OF LENDER:
Address:
EFFECT OF SHERIFF S SALE You should realize that a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you
and your furnishings and other belongings could be started by the lender at any time,
ASSUMPTION OF MORTGAGE Under the terms of your mortgage and note, it may, or may not, be possible to sell or
transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments,
charges and attorney s fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are
satisfied. You may find out at any time if your loan is assumable by contacting your lender as provided herein.
YOU MAY ALSO HAVE THE RIGHT TO:
. SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW
MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT,
. HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF,
. HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
4 ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY
OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS,
. ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HA VB TO SUCH ACTION BY THE
LENDER,
. SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW,
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
LR640
~EIOOSa/NCPI10.(l4
r
Homeowners' Emergency Assistance Program
CUMBERLAND COUNTY
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, P A 17325
(717) 334-1518
CCCS ofWestemPA
2000 Linglestown Road
Harrisburg, P A 17102
1-888-511-2227
Community Action Commission of Captial Region
1514 Derry Street
Harrisburg, P A 17104
(717) 232-9757
Loveship, Inc,
2320 North 5th Street
Harrisburg, P A 1711 0
(717) 232-2207
Maranatha
43 Philadelphia Avenue
Waynesboro, P A 17268
(717) 762-3285
PHFA
211 North Front Street
Harrisburg, PA 17110
1-800-342-2397
APA041INCPIll-OO
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VERIFICATION
The undersigned, an officer of Fidelity National Foreclosure Duly authorized Officers on Behalf
of Select Portfolio Servicing, mc, the instant Plaintiff, or its servicing agent, being authorized to make
this Verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint
in Mortgage Foreclosure are taken from the records maintained by persons supervised by the
undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course
of business and that those facts are true and correct to the best of the knowledge, information and belief
of the undersigned,
I UNDERSTAND THA T FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE
PENALTIES OF 18 PA,C.S, SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO
AUTHORITIES,
Dated: ~nlW0J,~ Q.l\l~
L~;E41~{f/7 ;:aU!d!ntl
Name: ~beth Anselmo
Title ~f€(z'V l~(,.
Company: Fidelity National Foreclosure Duly
Authorized Officers on Behalf of
Select Portfolio Servicing, Inc,
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HAROLD .. IRWIN, III, IIlIQUIRE
ATTOIUIn' I'OIl HP8IIDANT
.UPRIIM~ COURTR ID NO. 211II2O
M lIOUTH PITT 8TREI!T
CARLllIU, PA 17013
717~
L&8AI,LE BANK NATIONAL
ASSOCIATION.
= IN THE COURT Of COMMON PLEAS Of
= CUMBERLAND COUNTY. PENNSYLVANIA
Plaintiff
=
va. = CIVIL ACTION. LAW
ROBERT A MURPHY. Executor of the : NO. 2008 . .2C2lL CIVIL TERM
Eatllte of EDNA STOUffER, Dec....... =
Defendllnt = IN fORECLOSURE
ANSWER TO PLAINTIFF'S COMPLAINT
NOW comes the defendant, by his attorneys, Irwin & Bayley, Esquires, and files this
response to plaintiff's complaint, representing as follows:
1, The averments of paragraph one of plaintiff's complaint are admitted.
2, The averments of paragraph two of plaintiff's complaint are denied by reason that
after reasonable investigation plaintiff is without knowledge or information sufficient to
form a belief as to the truth of the averments and proof thereof at trial is demanded, if
relevant.
3. The averments of paragraph three of plaintiff's complaint are admitted,
4. The averments of paragraph four of plaintiff's complaint are denied by reason
that after reasonable investigation plaintiff is without knowledge or information sufficient
to form a belief as to the truth of the averments and proof thereof at trial is demanded, if
relevant.
5, The averments of paragraph five of plaintiff's complaint are denied by reason that
after reasonable investigation plaintiff is without knowledge or information sufficient to
~
form a belief as to the truth of the averments and proof thereof at trial is demanded, if
relevant.
6, The averments of paragraph six of plaintiff's complaint are denied by reason that
after reasonable investigation plaintiff is without knowledge or information sufficient to
form a belief as to the truth of the averments and proof thereof at trial is demanded, if
relevant.
7, The averments of paragraph seven of plaintiff's complaint are denied by reason
that after reasonable investigation plaintiff is without knowledge or information sufficient
to form a belief as to the truth of the averments and proof thereof at trial is demanded, if
relevant.
8, The averments of paragraph eight of plaintiff's complaint are conclusions of law
to which no response is required,
9. The averments of paragraph nine of plaintiff's complaint are conclusions of law to
which no response is required, Defendant, however, admits receiving copies of the
referenced notices and that he did not file for assistance with PHFA,
WHEREFORE, defendant demands that the plaintiff's complaint be dismissed and that
judgment be entered on behalf of defendant.
May I tI'-, 2006
HAROLD S. IRWIN, III, E
Attorney for defendant
Supreme Court 10 # 29920
64 South Pitt Street
Carlisle, PA 17013
(717) 243.6090
..
VERIFICATION
I, the undersigned, hereby verify that I am the defendant in this action and that the facts
stated in the above Answer. I understand that false statements herein are made subject
to the penalties of PA,C,S, Section 4904, relating to unsworn falsification to authorities.
May /'5, 2006
~a(.'Dr~
Robert A. Murphy
.
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of Defendant's Answer on this
~ day of May, 2006 by first class regular mail, postage prepaid, addressed as
follows:
KRISTEN D LITTLE ESQ
LAW OFFICE OF BARABRA A FEIN PC
425 COMMERCE DR STE 100
FTWASHINGTON PA 19034
Attorney for Plaintiff
HAROLD S. IRWIN, I
Attorney for defenda
Supreme Court 10 # 29920
May .J:L. 2006
64 South Pitt Street
Carlisle, PA 17013
(717) 243-6090
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SHERIFF'S RETURN - REGULAR
'"
4 -CASE NO: 2006-02019 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LASALLE BANK NATIONAL ASSOCIAT
VS
MURPHY ROBERT A ET AL
RONALD HOOVER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
STOUFFER EDNA ESTATE OF
the
DEFENDANT
, at 1126:00 HOURS, on the 12th day of April
2006
at 341 FARMINGTON DRIVE
SHIPPENSBURG, PA 17257
by handing to
GAYLE MICHONSKI, DAUGHTER
ADULT IN CHARGE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof,
18,00
17.60
.00
10.00
.00
45.60
4.1 ajo, ~
Sworn and Subscribed to before
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
r~~1'~~
R. Thomas Kline
04/17/2006
BARBARA FEIN
me this
day of
By: ~5Z&~ ~:-<~
Deputy Sher ff
A,D.
Prothonotary
SHERIFF'S RETURN - REGULAR
.
. 'CASE NO: 2006-02019 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
LASALLE BANK NATIONAL ASSOCIAT
VS
MURPHY ROBERT A ET AL
MARK CONKLIN
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
MURPHY ROBERT A
the
DEFENDANT
, at 0915:00 HOURS, on the 13th day of April
, 2006
at 3 SCRAFFORD STREET
SHIPPENSBURG, PA 17257
by handing to
TERESA MURPHY, WIFE
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
6.00
17.60
.00
10,00
.00
33.60
.5 J J.Jjo t.. Q.-.
Sworn and Subscribed to before
So An;::~n/<~
R, Thomas Kline
04/14/2006
BARBARA FEIN
By:
~
Deputy Sheriff
me this
day of
A.D.
Prothonotary
.
.
THE LAW OFFICES OF BARBARA A, FEIN, P.c.
Barbara A. Fein, Esquire / I.D. No, 53002
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
File No, 06-13571
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE, in Trust
for the Holders of Structured Asset
Investment Loan Trust Mortgage Pass
Through Certificates, Series 2003-BC1,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO, 06-2019 Civil Term
v,
ROBERT A. MURPHY, Executor of the
Estate of Edna Stouffer, Deceased,
Defendant.
PRAECIPE TO ENTER CONSENT JUDGMENT IN REM
TO THE PROTHONOTARY:
Kindly enter the appended Consent Judgment, assessing Judgment in Rem in the amount of
$110,000.00, in favor of Plaintiff, LaSalle Bank National Association, As Trustee, in Trust for the
Holders of Structured Asset Investment Loan Trust Mortgage Pass Through Certificates, Series
2003-BC1, and against the Defendant, Robert A. Murphy, Executor of the Estate of Edna Stouffer,
Deceased,
July 19, 2006
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY~l~'J-tI'" a.~
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D, No, 53002
IN THE COURT OF COMMON PLEAS FOR
CUMBERLAND COUNTY, PENNSYLVANIA
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE, in Trust
for the Holders of Structured Asset
Investment Loan Trust Mortgage Pass
Through Certificates, Series 2003-BCI,
Plaintiff,
NO, 06-2019 Civil Term
v,
ROBERT A, MURPHY, Executor of
the Estate of Edna Stouffer, Deceased,
Defendant.
CONSENT JUDGMENT BY STIPULATION BETWEEN PARTIES
It is hereby stipulated and agreed by and between counsel for the Plaintiff, LaSalle Bank
National Association, as Trustee, in Trust for the I-Holders of Structured Asset Investment Loan Trust
Mortgage Pass Through Certificates, Series 2003-BCI, and the Defendant. Robert A, Murphy, that in
Rem judgment be entered in the above entitled mortgage foreclosure action against the Defendant and
in favor of the Plaintiff in the amount of $ 110,000,00,
If payment is on or before July 21, 2006 the Plaintiff will accept the amount of $101,838.39 as
satisfaction in full,
It is further stipulated and agreed to by the parties that no sheriff sale for this property will be
conducted prior to December 6, 2006,
Dated: July
b
,,2006
BY:
Consented to by:
Attorney for the Defendant
Dated: July
/5
,2006
BY:
9....0, ..-st- 0 ~. , p& _
Robert A, Murphy, as Defendant and
in His Capacity as Executor of the Estate
of Edna Stouffer, Deceased
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Court House
One Courthouse Square
Carlisle, P A 17013-3387
CURT LONG, PROTHONOTARY
TO: Harold S. Irwin, III, Esquire
Attorney for the Defendant
Irwin & Bayley
64 South Pitt Street
Carlisle, P A 17103
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE, in Trust
for the Holders of Structured Asset
Investment Loan Trust Mortgage Pass
Through Certificates, Series 2003-BCl,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO, 06-2019 Civil Term
v.
ROBERT A. MURPHY, Executor of the
Estate of Edna Stouffer, Deceased,
Defendant.
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
judgment has been entered against you in the above captioned proceeding as indicated below,
g~
[XX] Consent Judgment entered
7/Jo/Ofe.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
BARBARA A. FEIN, ESQUIRE AT (215) 653-7450.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE, in Trust
for the Holders of Structured Asset
Investment Loan Trust Mortgage Pass
Through Certificates, Series 2003-BCl,
Plaintiff,
v.
COURT OF COMMON PLEAS
NO. 06-2019 Civil Term
ROBERT A. MURPHY, Executor of
THE ESTATE OF EDNA STOUFFER,
Deceased,
Defendant.
PRAECIPE TO ISSUE WRIT OF EXECUTION
(MORTGAGE FORECLOSURE)
TO THE PROTHONOTARY:
Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland
County, against Robert A. Murphy, Executor of The Estate of Edna Stouffer, Deceased, Defendant,
and real property situated at 1 Mainsville Road, Shippensburg, Cumberland County, Pennsylvania
17257.
AMOUNT DUE
$101,640.57
INTEREST FROM May 23, 2006
Through December 6, 2006
2,496.42
SUBTOTAL
$112,496.42
COSTS TO BE ADDED
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
Barbara A. Fein, Esq ire
Attorney J.D. No. 53 02
425 Commerce Dri , Suite 100
Fort Washington, P 19034
(215) 653-7450
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 06-2019 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION, AS
TRUSTEE, IN TRUST FOR THE HOLDERS OF STRUCTURED ASSET INVESTMENT LOAN
TRUST MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2003-BC1, Plaintiff (s)
From ROBERT A. MURPHY, EXECUTOR OF THE ESTATE OF EDNA STOUFFER
(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 himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $101,640.57
L.L. $.50
Interest FROM 5/23/06 THROUGH 12/6/06 -- $2,496.42
Atty's Comm %
Atty Paid $161.20
Plaintiff Paid
Date: AUGUST 9, 2006
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Prothono"lY ~
<.....-Bv: ~~ -t? (??./?/I.J
Deputy
REQUESTING PARTY:
Name BARBARA A. FEIN, ESQUIRE
Address: 425 COMMERCE DRIVE, SUITE 100
FORT WASHINGTON, PA 19034
Attorney for: PLAINTIFF
Telephone: 215-563-7450
Supreme Court ID No. 53002
CERTIFICATE TO SHERIFF
(Please check appropriate square in each section)
SHERIFF'S OFFICE
1 Courthouse Square
Carlisle, P A 17013
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE, in Trust for
the Holders of Structured Asset Investment
Loan Trust Mortgage Pass Through
Certificates, Series 2003-BCl,
Plaintiff,
NO. 06-2019 Civil Term
v.
ROBERT A. MURPHY, Executor of
THE ESTATE OF EDNA STOUFFER,
Deceased
Defendant.
I HEREBY CERTIFY THAT:
1. The judgment entered in the above matter is based on a mortgage foreclosure action.
2. The Defendant own the property being exposed to sale as:
[X] Individual
3. The Defendant is:
[X] Resident in the Commonwealth of Pennsylvania
Dated: August 4, 2006
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
aillcudJ.
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen D. Little, Esquire / I.D. No. 79992
Jacqueline F. McNally, Esquire/ I.D. No. 201332
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
File No. 06-13571
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE, in Trust for
the Holders of Structured Asset Investment
Loan Trust Mortgage Pass Through
Certificates, Series 2003-BCl,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 06-2019 Civil Term
v.
ROBERT A. MURPHY, Executor of
THE ESTATE OF EDNA STOUFFER,
Deceased,
Defendant.
AFFIDAVIT UNDER P A. RCP RULE 3129
LaSalle Bank National Association, as Trustee, in Trust for the Holders of Structured Asset
Investment Loan Trust Mortgage Pass Through Certificates, Series 2003- BC 1, Plaintiff in the above
captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution
was filed, the following information concerning the real property located at 1 Mainsville Road,
Southampton Township, Shippensburg, Cumberland County, Pennsylvania, was true and correct to
the best of its knowledge, information and belief.
1. Name and address of each Owner and/or Reputed Owner:
Robert A. Murphy, Executor
of The Estate of Edna Stouffer, Deceased
341 Farmington Drive
Shippensburg, PAl 7257
2. Name and address of each Defendant named in the judgment:
Robert A. Murphy, Executor
of The Estate of Edna Stouffer, Deceased
341 Farmington Drive
Shippensburg, P A 17257
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
None
4. Name and address of the last recorded holder of every mortgage of record:
LaSalle Bank National
Association, as Trustee, Plaintiff
3815 South West Temple
Salt Lake City, UT 84115
5. Name and address of every other person or entity which has any record lien on the property:
None
6. Name and address of every other person or entity which has any record interest in the
property and whose interest may be affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, P A 17103
Tax Collector: Vivian F. Coy
200 Airport Road
Shippensburg, P A 17257
Cumberland Franklin Joint
Municipal Authority
725 Municipal Drive
Shippensburg, P A 17257
4 -.
Shippensburg Borough
Water Authority
P.O. Box 129
Shippensburg, P A 17257
Huckleberry Land &
Water Associates
705 S. Mountain Estates Road
Shippensburg, P A 17257
7. Name and address of every other person of whom the Plaintiffhas knowledge who may have
an interest in the property which may be affected by the sale:
Tenant/Occupant
1 Mainsville Road
Southampton Township, P A 17257
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PAl 71 05
Commonwealth of Pennsylvania
Department of Revenue
Inheritance Tax Division
Bureau of Compliance
ATTN: Terry Quigley, Esquire
Department #280946
Harrisburg, P A 17128
~
The Internal Revenue Service
Special Procedures Branch
Federated Investors Tower
Thirteenth FI., Suite 1300
1001 Liberty Ave.
Pittsburgh, P A 15222
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date: August 4, 2006
THE LAW OFFICES OF BARBARA A. FEIN, P .C.
BY:
~Ll
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen D. Little, Esquire / J.D. No. 79992
Jacqueline F. McNally, Esquire / I.D. No. 201332
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
File No. 06-13571
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE, in Trust for
the Holders of Structured Asset Investment
Loan Trust Mortgage Pass Through
Certificates, Series 2003-BCl,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 06-2019 Civil Term
v.
ROBERT A. MURPHY, Executor of
THE ESTATE OF EDNA STOUFFER,
Deceased,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Robert A. Murphy, Executor
of The Estate of Edna Stouffer, Deceased
341 Farmington Drive
Shippensburg, P A 17257
Your house at 1 Mainsville Road, Shippensburg, Cumberland County, Pennsylvania is scheduled
to be sold by the Cumberland County Sheriffs Department on December 6, 2006 at the Cumberland
County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court judgment
of$1 01 ,640.57 obtained by Plaintiff, LaSalle Bank National Association, as Trustee, in Trust for the
Holders of Structured Asset Investment Loan Trust Mortgage Pass Through Certificates, Series
2003-BCl, against you.
~
NOTICE OF OWNERS' RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late
charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call
Dionne Winstead. at (215) 653-7450.
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 attomeyto assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice below 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 Dionne Winstead at (215) 653-7450, or by calling the
Cumberland County Sheriffs Department at (717) 240-6390.
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 bid in the
sale. To find out if this has happened, you may call Dionne Winstead at (215) 653-7450, or by
calling the Cumberland County Sheriff's Department at (717) 240-6390.
4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you
will remain the owner of the property as if the sale had 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 Cumberland County
Sheriff on or about thirty (30) days from the date of Sheriff's 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 (1 0)
days after the distribution sheet is posted.
- .~
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING ALA WYER. IF YOU CANNOT
AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE
PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6200
"'--, ....
ALL THAT CERTAIN lot of ground with dwelling house erected thereon situate in Southampton
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the Shippensburg-Mainsville Road, also known as the Stoney Point
Road, at the Western line of a 20 foot public road (formerly a private road), thence by the last-
mentioned road, South 27 degrees, 45 minutes East 150 feet to a stake at line of land formerly
of John S. Clever and Pearl I. Clever, his wife, now of Don J. Clever and Patricia A. Clever, his
wife, thence by the same South 67-1/2 degrees West 70 feet to a stake at lands of Kenneth
Weller, thence by the said land of Kenneth Weller, North 27 degrees 45 minutes West 150 feet
to a point in the center of the aforesaid Stoney Point Road, thence by the center of the said
road, North 67-1/2 degrees East 70 feet to the place of Beginning.
Tax Parcel #: 39-36-2424
TITLE TO SAID PREMISES IS VESTED IN Robert A. Murphy, Executor of the Last Will and
Testament of Edna M. Stouffer, deceased, by reason of the following:
BEING THE SAME premises which Pauline R. Coy, Widow, by Deed dated 6/25/1971 and
recorded 717/1971 in the County of Cumberland in Deed Book Volume E24, Page 54,
conveyed unto Lester D. Stouffer and Edna M. Stouffer, his wife.
AND THE SAID Lester D. Stouffer died on whereby title to said premises became
vested in Edna M. Stouffer by right of survivorship.
AND THE SAID Edna M. Stouffer being so seized thereof, in fee, departed this life on
11/9/2005 having first made her Last Will and Testament in writing bearing the date of
2/26/1998, duly proven and registered at Cumberland County, PA, being Will No. 21-05-1037
of 2005, wherein and whereby the said Testatrix did nominate, constitute and appoint Robert
A. Murphy, Executor of her Estate to whom Letters Testamentary were duly granted by the
Register of Wills of Cumberland County, PA, on 11/30/2005.
8
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen D. Little, Esquire / I.D. No. 79992
Jacqueline F. McNally, Esquire / I.D. No. 201332
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorneys for Plaintiff
06-13571
LASALLE BANK NATIONAL ASSOCIATION, AS
TRUSTEE, in Trust for the Holders of Structured
Asset Investment Loan Trust Mortgage Pass Through
Certificates, Series 2003-BC1,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 06-2019 Civil Term
v.
ROBERT A. MURPHY, Executor of
THE ESTATE OF EDNA STOUFFER, Deceased,
Defendant.
AFFIDAVIT OF SERVICE
I, Dionne Winstead, Paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff, LaSalle Bank National
Association, as Trustee, in Trust for the Holders of Structured Asset Investment Loan Trust Mortgage Pass Through
Certificates, Series 2003- BC 1 , hereby certify that I have served a true and correct copy of the Notice of Sheriff Sale on
the Defendant, ROBERT A. MURPHY, Executor of THE ESTATE OF EDNA STOUFFER., Deceased on August 30,
2006, by certified mail, postage pre-paid, and evidenced by the return receipt executed by the Defendant, ROBERT A.
MURPHY, Executor of THE ESTATE OF EDNA STOUFFER, Deceased, originals of which are attached hereto.
BY:
ionn Winstead, Paralegal
to Barbara A. Fein, Esquire
Attorney for Plaintiff
Sworn to before me this
lOthdaY~06.
!!: ~
tary Publ .
'''''' -
NOTARIAL SEAL
JOHN A. lARUE, m. Notary Public
Upper Dublin Twp" County of Montgomery
My Commission Expires March 28,2010
.
...
. Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
. 'Print your name and address on the reverse
80 that we can retum the card to you.
. AttlIch this card to the back ofthe mailpiece,
or on the front if space pennits.
1. ,t,,1IcIe Addressed to:
Robert A. Murphy,
Executor of The Estate
of Edna Stouffer, Deceased
3 Scrafford Street
Shippensburg, P A 17257
2, ,...... Number
(riansrer from service label)
PS Fonn3811 , February 2004,Jj~ ~ Return ReceIpt (?, '>1/
I. ETYpe
CertlfIed Mall 0 Express Mail
[J Registered [J Return Receipt for Me.ctwlld'"
I 0 Insured Mail 0 C.O.D.
., 4. Restricted Deliv.ery? (Extt8 Fee) 0 Yee
7005 1160 DODD 9715 3605
102595-02-M-1540
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THE LAW OFFICES OF BARBARA A. FEIN, P.c.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen D. Little, Esquire / I.D. No. 79992
Jacqueline F. McNally, Esquire / LD. No. 201332
425 Commerce Drive, Suite 100
Fort Washington, P A 19034
(215) 653-7450
Attorneys for Plaintiff
06-13571
LASALLE BANK NATIONAL ASSOCIATION, AS
TRUSTEE, in Trust for the Holders of Structured
Asset Investment Loan Trust Mortgage Pass Through
Certificates, Series 2003-BCl,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 06-2019 Civil Term
v.
ROBERT A. MURPHY, Executor of
THE ESTATE OF EDNA STOUFFER, Deceased,
Defendant.
AFFIDAVIT OF SERVICE
I, Dionne Winstead, Paralegal to Barbara A. Fein, Esquire, Attorney for the Plaintiff, LaSalle Bank National
Association, as Trustee, in Trust for the Holders of Structured Asset Investment Loan Trust Mortgage Pass Through
Certificates, Series 2003- BCI, hereby certify that I have served a true and correct copy of the Notice of Sheriff Sale on
the Defendant, ROBERT A. MURPHY, Executor of THE ESTATE OF EDNA STOUFFER, Deceased on August 30,
2006, by certified mail, postage pre-paid, and evidenced by the return receipt executed by an authorized agent of the
Defendant, originals of which are attached hereto.
BY:
Sworn to before me this
lOth day of October, 2006.
~.' ~ 9(p1~rrr
tary Public
8
NOTARIAL SEAL
JOHN A. LARUE, III. Notary Public
Upper Dublin Twp.. County of Montgomery
My Commission Expires March 28. 2010
..
. Complete items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailplece,
at on the front if space permits.
1. ArtIcle Addressed to:
....... A. Mwphy, Executor
010 IWokt S. Irwin m, Esquire
.. ...... Pitt Street
c.tWe, PA 17013
2. ArtIcle Number
(Transfer from service label)
PS Form 3811, February 2004 tJt~
3. ~;=MsJ>''Q ~ MsJL~ .
o Registered O~"ReIC8lptforMtII"""ldIIe
o Insured MsJl 0 C.O.D.
4. Restl1cted Delivery? (Extra Fee) 0 Yea
~ Return RItceIpt!)vJ I) )7/ l02595-02-M-l540 :
7005 1160 0000 9713 9135
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THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / J.D. No. 53002
Kristen D. Little, Esquire / J.D. No. 79992
Jacqueline F. McNally, Esquire / J.D. No. 201332
Suite 100, 425 Commerce Drive
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
06-13571
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE, in Trust for
the Holders of Structured Asset Investment
Loan Trust Mortgage Pass Through
Certificates, Series 2003-BCl,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 06-2019 Civil Term
v.
ROBERT A. MURPHY, Executor of
THE ESTATE OF EDNA STOUFFER,
Deceased,
Defendant.
CERTIFICATION OF NOTICES OF SALE TO LIENHOLDERS
I, Dionne Winstead, Paralegal to Barbara A. Fein, Esquire, attorney for Plaintiff, hereby
certify that upon information and belief, diligent efforts have been made to identify all
persons/entities having mortgages, judgments, liens, or other interest in the subject premises of the
foreclosure proceeding, and that such persons/entities have been sent Notices of Sheriffs Sale
(attached hereto as Exhibit "A") and that said Notices were duly served upon them in accordance
with Pennsylvania Rule of Civil Procedure Rule 3129. (Proof of mailing with a postmark date of
October 25,2006 is appended hereto and incorporated herein by reference as Exhibit "B").
I declare under penalty of perjury that the foregoing is true and correct.
October 26, 2006
THE L7C>FFICES OF BARBARA A. FEIN, P.C.
, . 1
D' nne Winstead, Paralegal
to arbara A. Fein, Esquire
Attorney for Plaintiff
cc: Sheritrs Department
THE LAW OFFICES OF
BARBARA A. FEIN, P.C.
425 Commerce Drive, Suite 100
Fort Washington, P A 19034
NEW JERSEY OFFICE
Barbara A. Fein, Esquire
Kristen D. Little, Esquire
Jacqueline F. McNally, Esquire
Phone: (215) 653-7450
Fax: (215) 653-7454
20000 Horizon Way, Suite 900
Mount Laurel, NJ 08054-4318
Direct E-mail: dionnew2lobaf.com
Direct Phone Ext. 130
Phone: (856) 596-5552
Fax: (856) 596-5589
Members of Pennsylvania
and New Jersey Bars
File No. 06-13571
August 4,2006
NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE
TO: All Parties in Interest and Claimants
hnprovements:
Residential Dwellings
OWNER(S): RobertA. Murphy, Executor
of The Estate of Edna Stouffer, Deceased
Cumberland County
Court of Common Pleas
No. 06-2019 Civil Term
PROPERTY: 1 MainsvilleRoad
Shippensburg
County of Cumberland, P A 17257
Please be advised that the above captioned property (and any improvements thereon) is scheduled
to be sold by the Cumberland County Sheriffs Department on December 6, 2006 at the Cumberland
County Court House, 1 Courthouse Square, Carlisle, Pennsylvania. This sale is scheduled pursuant
to a judgment entered in the amount of$1 01 ,640.57 in the Court of Common Pleas for Cumberland
County.
Our records indicate that you may hold a mortgage or judgment on the property which may be
extinguished (removed) by the sale. You may wish to attend the sale to protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than
thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within ten (10) days after the filing of the schedule. You may call the
Cumberland County Sheriffs Department at (717) 240-6390 for the date on which the distribution
schedule will be posted.
Sincerely,
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
W-b~Q
Barbara A. Fein, Esquire
Attorney for Plaintiff
.
..
1.
I
ID
ALL THAT CERTAIN lot of ground with dwelling house erected thereon situate in Southampton
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the Shippensburg-Mainsville Road, also known as the Stoney Point
Road, at the Western line of a 20 foot public road (formerly a private road), thence by the last-
mentioned road, South 27 degrees, 45 minutes East 150 feet to a stake at line of land formerly
of John S. Clever and Pearl!. Clever, his wife, now of Don J. Clever and Patricia A. Clever, his
wife, thence by the saine South 67-1/2 degrees West 70 feet to a stake at lands of Kenneth
Weller, thence by the said land of Kenneth Weller, North 27 degrees 45 minutes West 150 feet
to a point in the center of the aforesaid Stoney Point Road, thence by the center of the said
road, North 67-1/2 degrees East 70 feet to the place of Beginning.
T ax Parcel #: 39-36-2424
TITLE TO SAID PREMISES IS VESTED IN Robert A. Murphy, Executor of the Last Will and
Testament of Edna M. Stouffer, deceased, by reason of the following:
BEING THE SAME premises which Pauline R. Coy, Widow, by Deed dated 6/25/1971 and
recorded 717/1971 in the County of Cumberland in Deed Book Volume E24, Page 54,
conveyed unto Lester D. Stouffer and Edna M. Stouffer, his wife.
AND THE SAID Lester D. Stouffer died on whereby title to said premises became
vested in Edna M. Stouffer by right of survivorship.
AND THE SAID Edna M. Stouffer being so seized thereof, in fee, departed this life on
11/9/2005 having first made her Last Will and Testament in writing bearing the date of
2/26/1998, duly proven and registered at Cumberland County, PA, being Will No. 21-05-1037
of 2005, wherein and whereby the said Testatrix did nominate, constitute and appoint Robert
A. Murphy, Executor of her Estate to whom Letters Testamentary were duly granted by the
Register bfVVills of Cumberland County, PA, on 11/30/2005.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
}ss:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriffs Deed in which Lasalle Bank N A Tr is the grantee the same having been sold to said
grantee on the 6th day of Dec A.D., 2006, under and by virtue of a writ Execution issued on the 9th day
of Aug, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2006 Number
2019, at the suit of LaSalle Bank N A Tr/aif against Edna Stouffer exor is duly recorded in Deed Book
No. 278, Page 2305.
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IN TESTIMONY WHEREOF, I have hereunto set my hand
/9 -tt:::
eal of said office this
day of
LaSalle Bank National Association, as Trustee
In Trust for the Holders of Structured Asset
Investment Loan Trust Mortgage Pass Through
Certificates, Series 2003-BCl
VS
Robert A. Murphy, Executor ofthe Estate
Of Edna Stouffer
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2006-~ Civil Term
.10/9
Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on
September 11, 2006 at 2030 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant, to wit: Robert A.
Murphy, by making known unto Terri Murphy, wife of Robert A. Murphy, at 3 Scrafford Street,
Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to her
personally the said true and correct copy of the same.
William Cline, Deputy Sheriff, who being duly sworn according to law, states that on
October 11, 2006 at 1347 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 Robert A. Murphy, Executor of
the Estate of Edna Stouffer located at 1 Mainsville Rd., Shippensburg, 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 defendant, to wit: Robert A.
Murphy, Executor of the Estate of Edna Stouffer, by regular mail to his last known address of 3
Scrafford Street, Shippensburg, P A 17257. This letter was mailed under the date of October 10,
2006 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 06,
2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Barbara Fein for
LaSalle Bank, National Association, as Trustee, in Trust for the Holders of Structured Asset
Investment Loan Trust Mortgage Pass Through Certificates, Series 2003-BC1. It being the highest
bid and best price received for the same, LaSalle Bank, National Association, as Trustee, in Trust
for the Holders of Structured Asset Investment Loan Trust Mortgage Pass Through Certificates,
Series 2003-BCl of3815 South West Temple, Salt Lake City, UT 84115, being the buyer in this
execution, paid to SheriffR. Thomas Kline the sum of$I,115.64.
Sheriffs Costs:
Docketing
Poundage
Posting Bills
Advertising
Acknowledging Deed
Auctioneer
Law Library
Prothonotary
Mileage
Certified Mail
Levy
$30.00
21.88
15.00
15.00
30.00
10.00
.50
1.00
35.20
9.56
15.00
Surcharge
Law Journal
Patriot News
Share of Bills
Distribution of Proceeds
Sheriffs Deed
20.00
449.00
383.06
15.94
25.00
39.50 / 1
$ 1,115.64 1\5,0
, -<1'
So Answers:
r~~
R. Thomas Kline, Sheritf --
BY<"'~
Real Estate rgeant.
6. eeJ
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J. ?j)'cP
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-'Ie 6"'~00rfD
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THE LAW OFFICES OF BARBARAA. FEIN, P.C.
Barbara A. Fein, Esquire / I.D. No. 53002
Kristen D. Little, Esquire / LD. No. 79992
Jacqueline F. McNally, Esquire/ LD. No. 201332
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653- 7 450
Attorney for Plaintiff
File No. 06-13571
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE, in Trust for
the Holders of Structured Asset Investment
Loan Trust Mortgage Pass Through
Certificates, Series 2003-BCl,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO. 06-2019 Civil Term
v.
ROBERT A. MURPHY, Executor of
THE ESTATE OF EDNA STOUFFER,
Deceased,
Defendant.
AFFIDAVIT UNDER P A. RCP RULE 3129
LaSalle Bank. National Association, as Trustee, in Trust for the Holders of Structured Asset
Investment Loan Trust Mortgage Pass Through Certificates, Series 2003-BCl, Plaintiffin the above
captioned mortgage foreclosure action, sets forth as of the date the praecipe for the Writ of Execution
was filed, the following information concerning the real property located at 1 Mainsville Road,
Southampton Township, Shippensburg, Cumberland County, Pennsylvania, was true and correct to
the best of its knowledge, information and belief.
1. Name and address of each Owner and/or Reputed Owner:
Robert A. Murphy, Executor
of The Estate of Edna Stouffer, Deceased
341 Farmington Drive
Shippensburg, P A 17257
, .
2. Name and address of each Defendant named in the judgment:
Robert A. Murphy, Executor
of The Estate of Edna Stouffer, Deceased
341 Farmington Drive
Shippensburg, P A 17257
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
None
4. Name and address of the last recorded holder of every mortgage of record:
LaSalle Bank. National
Association, as Trustee, Plaintiff
3815 South West Temple
Salt Lake City, UT 84115
5. Name and address of every other person or entity which has any record lien on the property:
None
6. Name and address of every other person or entity which has any record interest in the
property and whose interest may be affected by the sale:
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, P A 17103
Tax Collector: Vivian F. Coy
200 Airport Road
Shippensburg, P A 17257
Cumberland Franklin Joint
Municipal Authority
725 Municipal Drive
Shippensburg, P A 17257
Shippensburg Borough
Water Authority
P.O. Box 129
Shippensburg, P A 17257
Huckleberry Land &
Water Associates
705 S. Mountain Estates Road
Shippensburg, P A 17257
7. Name and address of every other person of whom the Plaintiffhas knowledge who may have
an interest in the property which may be affected by the sale:
Tenant/Occupant
1 Mainsville Road
Southampton Township, P A 17257
Cumberland County Domestic Relations
13 N. Hanover Street
Carlisle, P A 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PAl 71 05
Commonwealth of Pennsylvania
Department of Revenue
Inheritance Tax Division
Bureau of Compliance
ATTN: Terry Quigley, Esquire
Department #280946
Harrisburg, PA 17128
.1".' '.
The Internal Revenue Service
Special Procedures Branch
Federated Investors Tower
Thirteenth Fl., Suite 1300
1001 Liberty Ave.
Pittsburgh, P A 15222
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities.
Date: August 4, 2006
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
BY:
Barbara A. Fein, Esquire
Attorney for Plaintiff
Attorney I.D. No. 53002
THE LAW OFFICES OF BARBARA A. FEIN, P.C.
Barbara A. Fein, Esquire / J.D. No. 53002
Kristen D. Little, Esquire / LD. No. 79992
Jacqueline F. McNally, Esquire / LD. No. 201332
425 Commerce Drive, Suite 100
Fort Washington, PA 19034
(215) 653-7450
Attorney for Plaintiff
File No. 06-13571
LASALLE BANK NATIONAL
ASSOCIATION, AS TRUSTEE, in Trust for
the Holders of Structured Asset Investment
Loan Trust Mortgage Pass Through
Certificates, Series 2003-BCl,
Plaintiff,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY .
NO. 06-2019 Civil Term
v.
ROBERT A. MURPHY, Executor of
THE ESTATE OF EDNA STOUFFER,
Deceased,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Robert A. Murphy, Executor
of The Estate of Edna Stouffer, Deceased
341 Fannington Drive
Shippensburg, P A 17257
Your house at 1 Mainsville Road, Shippensburg, Cumberland County, Pennsylvania is scheduled
to be sold by the Cumberland County Sheriffs Department on December 6, 2006 at the Cumberland
County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, to enforce the Court judgment
of$101,640.57 obtained by Plaintiff, LaSalle Bank National Association, as Trustee, in Trust for the
Holders of Structured Asset Investment Loan Trust Mortgage Pass Through Certificates, Series
2003-BC1, against you.
NOTICE OF OWNERS' RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheritrs Sale, you must take immediate action:
1. This sale will be canceled if you pay to Plaintiff Mortgagee the back payments, late
charges, costs and reasonable attorneys' fees due. To find out how much you must pay, you may call
Dionne Winstead at (215) 653-7450.
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.
Y ou may need an attomeyto assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice below on how to obtain an attorney).
YOU MAY STILL BE ABLE TO SA VB YOUR PROPERTY AND
YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheritrs Sale is not stopped, your property will be sold to the highest bidder.
You may find out the price bid by calling Dionne Winstead at (215) 653-7450, or by calling the
Cumberland County Sheritrs Department at (717) 240-6390.
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 bid in the
sale. To find out if this has happened, you may call Dionne Winstead at (215) 653-7450, or by
calling the Cumberland County Sheritrs Department at (717) 240-6390.
4. If the amount due from the buyer is not paid to the Cumberland County Sheriff, you
will remain the owner of the property as if the sale had 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 Cumberland County
Sheriff on or about thirty (30) days from the date ofSheritrs 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 (1 0)
days after the distribution sheet is posted.
7. You may also have other rights and defenses, or ways of getting your house back, if
you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HA VB
A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE
CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT
AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE
PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Court Administrator
4th Floor
Cumberland County Court House
1 Courthouse Square
Carlisle, P A 17013
(717) 240-6200
ALL THAT CERTAIN lot of ground with dwelling house erected thereon situate in Southampton
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point in the Shippensburg-Mainsville Road, also known as the Stoney Point
Road, at the Western line of a 20 foot public road (formerly a private road), thence by the last-
mentioned road, South 27 degrees, 45 minutes East 150 feet to a stake at line of land formerly
of John S. Clever and ~earll. Clever, his wife, now of Don J. Clever and Patricia A. Clever, his
wife, thence by the same South 67-1/2 degrees West 70 feet to a stake at lands of Kenneth
Weller, thence by the said land of Kenneth Weller, North 27 degrees 45 minutes West 150 feet
to a point in the center of the aforesaid Stoney Point Road, thence by the center of the said
road, Nortt) 67-1/2 degrees East 70 feet to the place of Beginning.
Tax Parcel #: 39-36-2424
TITLE TO SAID PREMISES IS VESTED IN Robert A. Murphy, Executor of the Last Will and
Testament of Edna M. Stouffer, deceased, by reason of the following:
BEING THE SAME premises which Pauline R. Coy, Widow, by Deed dated 6/25/1971 and
recorded 717/1971 in the County of Cumberland in Deed Book Volume' E24, Page 54,
conveyed unto LesterD. Stouffer and Edna M. Stouffer, his wife.
AND THE SAID Lester D. Stouffer died on whereby title to said premises became
vested in Edna M. Stouffer by right of survivorship.
AND THE SAID Edna M. Stouffer being so seized thereof, in fee, departed this life on
11/9/2005 having first made her Last Will and Testament in writing bearing the date of
2/26/1998, duly proven and registered at Cumberland County, PA, being Will No. 21-05-1037
of 2005, wherein and whereby the said Testatrix did nominate, constitute and appoint Robert
A. Murphy, Executor of her Estate to whom Letters Testamentary were duly granted by the
Register of Wills of Cumberland County, PA, on 11/30/2005.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-2019 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION, AS
TRUSTEE, IN TRUST FOR THE HOLDERS OF STRUCTURED ASSET INVESTMENT LOAN
TRUST MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2003-BC1, Plaintiff(s)
From ROBERT A. MURPHY, EXECUTOR OF THE ESTATE OF EDNA STOUFFER
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $101,640.57
L.L. $.50
Interest FROM 5/23/06 THROUGH 12/6/06 -- $2,496.42
Arty's Comm %
Arty Paid $161.20
Plaintiff Paid
Date: AUGUST 9, 2006
Due Prothy $1.00
Other Costs
(Seal)
CURTIS R. LONG
pmth~ 7f:
'-..Bv: ~P. (:'.dJ?/J. ./'
Deputy
REQUESTING PARTY:
Name BARBARA A. FEIN, ESQIDRE
Address: 425 COMMERCE DRIVE, SIDTE 100
FORT WASHINGTON, P A 19034
Attorney for: PLAINTIFF
Telephone: 215-563-7450
Supreme Court ID No, 53002
Real Estate Sale # 48
On September 8, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
Southampton Township, Cumberland County, P A
Known and numbered as 1 Mainsville Road,
Shippensburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: September 8, 2006
BY\J6~ f~
Real Estate Sergeant
b n :E d I I 9IW qUOZ
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THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and
8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317,
PUBLICATION
COPY
S ALE #48
~
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
,
. '
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16,1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
SSe
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
'ylZ:
October 20, October 27 and November 3, 2006
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SWORN TO AND SUBSCRIBED before me this
3 day of November. 2006
NOTARIAL SEAl
LOIS E. SNYDER, Notary Public
Carlisle 8oro, Cumberland County
My Commission Expires March 5, 2009
REAL ESTATE SALE NO. 48
Writ No. 2006-2019 Civil
LaSalle Bank National Association.
as Trustee. in Trust for the
Holders of Structured Asset
Investment Loan Trust Mortgage
Pass Through Certificates,
Series 2003-BCl
vs.
Robert A. Murphy. Executor of the
Estate of Edna Stouffer
Atty.: Barbara Fein
ALL THAT CERTAIN lot of ground
with dwelling house erected thereon
situate in Southampton Township.
Cumberland County. Pennsylvania,
bounded and described as follows:
BEGINNING at a point in the
Shippensburg-Mainsville Road, also
known as the Stoney Point Road. at
the Western line of a 20 foot public
road (formerly a private road).
thence by the last-mentioned road.
South 27 degrees. 45 minutes East
150 feet to a stake at . line of land
formerly of John S. Clever and Pearl
1. Clever. his wife. now of Don J.
Clever and Patricia A. Clever, his
wife. thence by the same South 67-
1/2 degrees West 70 feet to a stake
at lands of Kenneth Weller. thence
by the said land of Kenneth Weller.
North 27 degrees 45 minutes West
150 feet to a point in the center of
the aforesaid Stoney Point Road.
thence by the center of the said
road. North 67-1/2 degrees East 70
feet to the place of Beginning.
Tax Parcel #: 39-36-2424.
TITLE TO SAID PREMISES IS
VESTED IN Robert A. Murphy. Ex-
ecutor of the Last Will and Testa-
ment of Edna M. Stouffer. de-
ceased, by reason of the follOwing:
BEING THE SAME premises
which Pauline R. Coy. Widow. by
Deed dated 6/25/1971 and re-
corded 7/7/1971 in the County of
Cumberland in Deed Book Volume
E24, Page 54. conveyed unto Lester
D. Stouffer and Edna M. Stouffer
his wife. .
AND THE SAID Lester D. Stouf-
fer died on _ whereby title to
said premises became vested in
Edna M. Stouffer by right of survi-
vorship.
AND THE SAID Edna M. Stouffer
being so seized thereof, in fee. de-
parted this life on 11/9/2005 hav-
ing first made her Last Will and
Testament in writing bearing the
date of 2/26/1998. duly proven and
registered at Cumberland County.
PA. being Will No. 21-05-1037 of
2005. wherein and whereby the said
Testatrix did nominate, constitute
and appoint Robert A. Murphy. Ex-
ecutor of her Estate to whom Let-
ters Testamentary were duly
granted by the Register of Wills of
Cumberland County. PA. on 11/30/
2005.