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HomeMy WebLinkAbout06-3388 McCABE, WEISBERG AND CONW A Y, P.C, BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 Soutb Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 HSBC Mortgage Services, Inc. 5701 East Hillsborough Avenue Tampa, FL 33610 v. Tammy L. Bagshaw 116 Wynnwood Drive Carlisle, PA 17013 Attorney for Plaintiff Cumberland County Court of Common Pleas )n ,i);",L~/2 n---I Number Die. - 33Pr ~/,-"" ~ - l CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A, 17013 800-990-9108 A VI SO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex~puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita 0 en persona 0 con un abogaclo y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. U sted puede perder dinero 0 sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, V A A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, EST A OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGlBLES EN UN HONORA RIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA, 17013 800-990-9\ 08 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Attorney for Plaintiff HSBC Mortgage Services, Inc. 5701 East Hillsborough Avenue Tampa, FL 33610 Cumberland County Court of Common Pleas v, Tammy L. Bagshaw 116 Wynnwood Drive Carlisle, PA 17013 Number Df-- J?J:F G~l!0U; CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiffis HSBC Mortgage Services, Inc., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Tammy L. Bagshaw, who is the mortgagor and real owner of the mortgaged property hereinafter described, and her last-known address is 116 Wynnwood Drive, Carlisle, P A 17013. 3. On OS/25/2006, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Accredited Home Lenders, Inc. which mortgage is recorded in the Office ofthe Recorder of Cumberland County in Mortgage Book 1951, Page 4569. 4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Accredited Home Lenders, Inc. to HSBC Mortgage Services, Inc., Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office ofthe Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 116 Wynnwood Drive, Carlisle, PAl 7013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/0] /2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance Interest 08/01/2005 through 06112/2006 (Plus $ 17.47 per diem thereafter) Attorney's Fee Late Charges Corporate Advances Cost of Suit Appraisal Fee Title Search $ 71,839.06 $ 5,487.24 $ 3,591.95 $ 286.]0 $ 645.46 $ 225.00 $ 125.00 $ 200.00 $ 82,399.8] GRAND TOTAL 8. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 9. Notice of Intention to Foreclose as required by Act 6 of ]974 (41 P.S. ~403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 P A Code Chapter] 3, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $82,399,81, together with interest at the rate of $17.47 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~ VERIFICATION The undersigned, Leslie M. Evans, hereby certifies that she is the Foreclosure Specialist of the Plaintiff in the within action, ;l$t fllltJ ~/Yi..j :/W ' , and she is authorized to make this verification and that the foregoing facts are true and correct to the best of her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. ~4904 relating to unsworn falsification to authorities. . () . . ( f., : '~ fl' '\V 'JiIS MORTGAGE IS BEING RE-RECORDED TO CORRECT: THE RECORDING SEQUENCE BECAUSE ,,""F '""'E R~CORD OF A CORRECTIVE SPECIAL WARRANTY DEED BEING RECORDED HEREWITH oj, u, . 170~D ,1 ~ "'''~r'r p '\ /: ", ,^ ..{ _"1 r.'" r , L . /I .." oJ l~ I. ;. ~!. ., I ' n .' S C .. .ciI Prepared By: Acc:nldlld Home Lenders, Inc. A Calfarnll COIJIOIlIlIon 15010 Ave_ ofScltnce San Diego, CA 92128 r.r;pc/&i l~:~~..,~~.j. :",7/1"7.".{ '. ..." ' -" c~ _" .'-vt'II;!!:r...." ." ( ~,"" '. ;'. ;',. .~... I tJr Dr.r: -..., Z~C5 IlhY 25 RillO "5 "',L'.','D :.r",~,,;..JjoJ " ZOOSJliN -..",'-t. 2 /1/'} 10 lflf i;.;iQ.~t-: i!-"~':"";.r'i" ;",>\.:' :,:.'/," :,':,~~'if-: ,: l~f~t:ti: COMMONWEALTH of PENNSYLV,41,,4',/f ., .'1:t.':fi~":t{;iI' County of CUMBERlAND ''J!'.. , ,;;" "., I Robert P. 2legIer, Recoroer, do lion .,. Certlfv the "alrue and .. Vol. my Day Return To: Acc:nldltd Home Lenders, Inc. Atln: POIt C~ D.p!- 18550 W.tt Btmardci Dr. BlcllI1 San Diego, CA 92127.1870 Par<:e1 Number: 29-16-1094-236 (S..... AIlo.. nJa LIae r..llMor.... Dalal MORTGAGE NUN 100176105041894836 DEFIN1110NS Warda used in multiple sectiODS of this docwnent are defined below aud other worda are defined in Sections 3, 11. 13, 18, 20 8Dd 21. Certain rules regarding the usage of words used in this documeot are also provided in Section 16. (A) "SeeuIty IDICnuaeD.t" meaDS this doc:ument, which is dated May 31, 2005 together with all Rider. to this docwnent. (B) "Borrower" is oruecx L. BMBIWf Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage EI-..nic Registration Systems, Inc. MERS is a separ8le corporation that is scting solely II . nominee for Lender and Lcoder's 8IICCesson 8Dd assigDs. MERS Is .. -l1IIpe UDder dIIs Seewity III8tnunent. MERS is organized and cxisIiD8 under the laws of Delaware. and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS, 100176105041894836 0504188483 PENNSYLVANIA - Slngle Family - Fannia MoolF_ Ma. UNIFORM IIISTRUMEHT WITH MERS _"AcPA) (O407) P.,. , of 11 VMP Mort...Solu\\OftI, lnc:. (100,1121.7211 Form 3031 1/01 ..~ Exhibit A OK 1909PG2227 (D) "LeDder" is AccrecIIlId Home I.Indel1l, Inc. A Call1'omll Corporatlon Lender is a Corporation organized IIld existiDg under the laws of tha Stat. of California Lender's address is 15080 Awnut of Science San Diego, CA 82128 (E) ''Note" meaJI8 the promisaory note signed by Borrower lIIld dated Kay 31, 2005 The Note atatcs that Bom>werowes Lelldeu_ty-ona tho_and nin. hundred t.....ty and 00/100 Dollars (U.S. $ 71, no. 00 ) plus iotetest. Borrower has promised to pay this debt in regular Periodic Payments IIld to pay the debt in fuJJ not later thao June 1, 2035 (II') "Property" meaJI8 the property that is deseribed below under the heading "Trausfer of Rights in the Property. " (G) "Loan" meaJlS the debt evideoced by the Note, plus interest, any prepayment charges lIIld late charges due under the Note, lIIld sll sums due UlIdc:r this Security Ioatrument, plus ioterest. (B) "Riden" means sll Riders to this Security Iostrumeot that are executed by Borrower. The following Riders are to be cxecutcd by Bom>wer [chcck box IS applicable]: 8 Adjustable Rate Rider 0 CoJxlnminilJlll Rider 0 Secood Home Rider Balloon Rider 0 PlamIed Ullit Development Rider 0 1-4 Family Rider VA Rider 0 Biweekly Payment Rider 0 Other(a) [specify] (I) "Applleable Law" means sll controlliog applicable federal, state lIIld local Slalules, rcgu1atiOIlS, ordino..,.,. lIIld admioiatralive rules lIIld orders (that bave the effect of law) IS wcll IS sll applicable tioaI, llOII-appeaIable judici.al opiniOllS. (J) ''Co_mdty AAodallon 0-. Fea, aDd Aaessmellts" means sll dues, fees, ~,-,...-ts IIld other charges that arc imposed on Borrower or the Property by a conllnminilJlll associatioll, homeowners SS80Ciation or similar orgallizatioo. (K) "EleetroDlc Flmda Trusler" means any traIlsfer of Iimds, other thao a lraIIsaclioll origioated by check, draft, or similar paper illstrumcal, which is initiated through an elcctrooic tcrmioal, telephonic illstrumeD.1, computer, or magoetic tape so as to order, iostruct, or authorize a fin....,;.l iostitution to debit or c:redit III lICCOIIllt Such term incfudes, but is not limited to, poiot-of-sale traosfc:n, automated teller mocl1i.... trlllllllCtiOllS, tnmsfcrs initiated by te1cphone, wire traosfera, lIIld automated c1esrioghousc trllllBiers. (L) "Escrow ltetun meaJI8 those items that are described in Section 3. (M) 'MJ.-II........ Proceedsn IDClIIIS any """'l""',o"oo, settlClllCllt, award of damages, or t'foceeds paid by lilY third party (other tban insurance proceeds paid under the coverages described in Sectioo 5) for: (i) damage to, or des1ructioo of, the Property; (ii) COJ!n-notioo or other takiog of sll or lilY part of the Property; (Ui) conveyance in lieu of C(ftIIIMnnotjoo; or (iv) misrcprcseotatiOllS of, or omissions IS to, the value and/or condilioo of the Property. (N) "Morlialle 1Dourance" mesns inaurancc protecting Lender agaiost the llonpayment of, or default on, the Loan. (0) "PerIocIIc Payment" mesns the ~ly scheduled amount due for (i) principal lIIld interest under the Note, plus (ii) any amounts under Sectioo 3 of this Security Instrumont. ~"A(PAI (0.07) Pllld of 11 -~ 05041U483 100176105041894836 Fonn 3031 1/01 IlII IC\S' PG4570 BK 1909PG2228 (P) "RESPA" m_ the Real EsIlIle Settlement Procedures Act (12 U.S.C. Section 2601 ct scq.) and its imp/_ling repJalion, ReguIation~.~~ C.F.R. Pert 35(0), as they might be --wi li'om time to time, or my ilMliioDaI or IUcmlOf I' . on or rcplati.on tIIIt govems the I8IIlC IUbjcct matter. As IIICd in tbiI Security IDIttument, "RESP A" mCl'l to all rcquircmeals and res1rictiODl tIIIt II'e impoeed in rcsanf to II "fedaally rdated mortpgc 10111" even if the Loan doca not qua\ify II II "fcdcra1Iy rclatecI mortgage 10ll1"1IlIdcc RESPA. (Q) "S'UUllllI' bllaUrelt of Bonowel" _ aoy party tIIIt hu 1llkcII title to the Property, wbclher or not tIIIt party hu IISUlIIcd Borrower'. obligationa uDder !be Note lllIdIor tbiI Security Inatrumcnt. TRANSFER OF RlOHTS IN TIlE PROPERTY Thia Security Instrument ICCUlCI to Lender: (i) !be rcpeymClll of !be Loan. IIId alIl'C111lWl1la, exlcllliOlll and moditicaPona of !be NolC; IIId (ii) the performaIlcc of Borrower'. co_ts IIId ....-...aa W1dcr tbiI Security IDstrumcnt and the Note. For tbiI pwpoac, Borrower doca hereby mortgage, grant aDd convey to MERS (solely as pnm;n... fur Lender aDd Lender'. aucccaaon aDd uaillDl) IIId to the IIlCoesaOfl and IIIi.gPI ofMERS. the following d..cr:ibcd property 10ClllCCl in the CoIlll~Y [Type of.-, 1_] of CllMBIl\l.MlD [NlIDeof-,luriodiolioal: s_ I.e9al DMcdptiOD AddeDdua Page AtUohec:l which currently hu the addrcsa of 116 IIDDllIOOD DlIIVJ: I-I CULISLJ: [Cityl. PCIIIII)'IVlIlIia 17013 [zip Code] ("propcrty Addreaa"): TOOETHER WlTIi all the improvements now or bercaf\cr erected on the property, and all .'"","",,lI, appurIelWICcI, and tixlurc8 lIOW or bercaf\cr II plIrt of the S All rqJI............. and odditiona ab8\I alae be cowrcd by lbia Security InatrumCIll. All of the . is rcfemd to in this Securitr Inatrumcot as the "Ptopcrty." Borrower uadcntaada and asr- tIIIt balds ODly legal title to the mtcrclll gJ.'IIIled by BorrowCl' in tbiI Security Inatrumcot. but, if ncc_ry to comply with law or cuatom" MERS {II DOIIIincc for Leader and Lender'. lIIICCCIIOIlI and uaillDl} hu !be right: to ..",."isc any or all of thoao iotcroatI, iDcJudina. but not limited to, !be right to forecl_ and ae11 the Property; and to lake any action roquircd of LcDiler including, bul nol limitcd to. rc1"'~ CIII1CCllila lbia Sccurity Inatrumcot. 1001761050.189.836 050.18'.83 ..."'" _..A(PAh...7) ........ F....101O 1/01 DIlt QI:;; II>f.It C\71 mu 909PG2229 BORROWER. COVENANTS that Borrower is lawfully seised of the estate hereby conveyed IIIId bas the right to mortgaae, grant IIIId convey the Property and that the Property is uneocumbetcd, except for c:ocumbraocea of reconI. Borrower wvnmtI and will dcfead geacn1ly the title to the Property against all claims and """',~ lIUbject to any eocumInnoea of record. nus SECURITY INSTRUMENT <:ombiaea uaiform coveaants for D8liooaI use IIIId DOIl.uniform coveaants with limited variations by jurildiction to constitute a uniform security insIrumc:nt covering real property. UNIFORM COVENANTS. Borrower and Leuder coveaant IIIId agree IS follows: 1. Payaeat of PrtDdpaI, IDtereIt, EIcr9w llemI, Pnpaymeat CIwps, aad Late CJw-ceI. Borrower abaIl pay when due the principii ot; and interest on, the debt evidenced by the Note IIIId any prepayment charges and late charges due W1dcr the Note. Borrower abaIl aIso pay funds for Escrow Itans pursuant to Section 3. Payments due under the Note and this Security Iuatrument abaIl be made in U. S. currency. However. if any check or other insIrumc:nt received by Leuder as paymentlllldcr the Note or this Security lDstnunent is RlUnIcd to Leoder IIIIp8id, Leuder may require that any or all subsequent payDJCDlS due under the Note and this Security Iuatrument be made in one or more of the following forms, IS selectec1 by Leader: (a) cash; (b) IDOIIey order; (c) certified check, baak check, treasurer's check or cashier's checlc, provided any such check is drawn upon an institution whose deposits arc insured by a federal agency, in8trumcotality. or entity; or (d) Electronic Fuuds T~. PaymentB arc deemed received by Leuder when received at the location (/Ml8""ed in the Note or at such other location IS may be _18""'" by LeIIdcr in accordaocc with the notice provisions in Section IS. Lender may return any payment or partiaI payment if the payment or partiaI payments arc insufficient to bring the Loan CWTCDl. LeIIdcr may accept any payment or partiaI payment insufficient to bring the Loan current, without waiver of any rights hCl'CUllder or prejudice to its rights to refuse such payment or partiaI payDJCDlS in the future, but Leader is not obIipted to Ipply such pa.ymenla at the time such payments arc accepted. If each Periodic Paymeat is IppIied IS of its acheduIed due date, then Lender need not P"Y interest on Ulllpplied funds. Lender may hold such WlIpplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do 10 within a re8SOIIIble period of time, Leader abaIl either apply such funds or return them to Borrower. If not Ipplied earlier, such funds will be applied to the oulstaDding principal baIance under the Note Immediately prior to foreclosure. No oftiet or cIaim which Borrower might have now or in the future against Lender abaIl relieve Borrower from making pa.ymenla due under the Note and this Security Instrument or performing the coveaants and agreements secured by this Security Instrument. 2. Applleatioa of Paymeata or Procndo. Except IS otherwise described in this Section 2, all payments accepted IIIId Ipplied by Lender shaI1 be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payDJCDlS shaI1 be applied to each Periodic Payment in the order in which it became due. Any """.Inlng amounts shall be applied tint to late charges. second to any other amounts due under this Security Instrument, IIIId then to reduce the ptincipaI balance of the Note. If Leoder receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the deIinquent paymCDI and the late charge. If more than one Periodic Payment is o.........!lng, Leader may apply any payment received from Borrower to the repayment of the Periodic Payments if; and to the ""teat that. each payment ~"A(PA) (0'07) '9040#11 ~w<<Y/l2 0504189483 1001761050C18'C836 F..... 3U' 1/01 BK 1909PG2230 RIll ~c; I Pf.uC;7? can be paid in full. To the Cltteol tbal any CltCC8S exists after the paymCDl is applied 10 the full payment of ODe or more Periodic Payments, such CltCC8S may be applied to any late cbargea due. Voluntary prepayments shall be applied first 10 any prepayment cbaraca and then as described in the Note. Any application of payments, iDaunncc procoeda, or Mi"C"lI_ Proc:ecda 10 principal due under the Note shall DOt Clttead or poIIpODC the due date. or change the llIIlOUDt, of the Periodic Payments. 3. JIuda for EIcrow I..... Borrower shall pay 10 Lcndcr on the day Periodic Payments are due under the Note. until the Note is paid in fun. a 8UD1 (the "Funds") 10 provide for paymCDl of lIDtOUDts due for: (a) taxes and ...--ents and other items which can attain priority over Ibis Security lDsInunent 88 a lien or llIIC\III1brance on the Property; (b) leasehold payments or p-ound rents on the Property. if any; (c) premiums for my and all insunnce required by Lcndcr under Section 5; and (d) Mortgage IDsurIllCe premiums. if any. or my SIIIDS payable by Borrower 10 Lcndcr in lieu of the payIII<IIt of Mortgage Insurance premiums in ICCOI'dance wi!b the provisions of Section 10. These items are called "EIc:row Items." At origination or III any time during the term of the Loan, Leader may require that Cnmmnn;ty AIIociation Dues, F -. and Aalessments. if any. be escrowed by Borrower. and such duca, fees and .ss ~ts shall be an EIc:row Item. Borrower shall promptly fumisb. 10 Lender all notices of IIDOunts 10 be paid under Ibis Section. Borrower shall pay Leader the Funds for EIc:row Items unIcaa Lender Wlives Borrower'. obligation 10 pay the Funds for my or all EIc:row Items. Lender may Wlive Borrower' B obliglllion 10 pay 10 Lender Funds for any or all EIc:row Items III my time. Any such Wliver may only be in wriliDs. In the event of such waiver. Borrower shall pay direct1Y. wbm and where payable, the IDlOUI1ts due for any Escrow Items for wbich payment of Funds has been WIived by Leader and, if Lender requirca, shall furnish 10 Lender receipts evideocing such payment within such limo period 88 Lcndcr may require. Borrower's obligation to make auch paymems and 10 provide receipts shall for all purposes be deemed 10 be a covenant and sgreement coolliDcd in Ibis Security Inslrument, as the phrase "coveolllt and agreement" is used in Section 9. If Borrower is obligated 10 pay Escrow Items direct1Y. purlUlDt to a Wliver. and Borrower fails 10 pay the lIDtOUDt due for an EIc:row Item, Lcndcr may Cltereise its rights under Section 9 and pay such IInOun! and Borrowec shall then be obligated under Section 9 10 repay 10 Lender any such lInounl. Lender may revoke the Wliver as 10 my or all EIc:row Items III any time by a notice given in lICCOrdaoce wi!b Section IS and, upon such revocation, Borrowec sball pay 10 Leader all Funds, and in IlUCh 1DlOUI1ts, that are then required under Ibis Section 3. Lcndcr may. III my time. collect and hold Funds in m IInOun! (a) sufficient 10 permit Lend<< 10 apply the Funds at the limo specified under RESPA, and (b) not 10 Cl<cecd the maximum IlII10IIIlt a lender can require under RESP A. Lender abaI.I catimate the IIDOWIt of Funds due on the basis of current data and reasonable estimates of Cltpenditures of future Escrow Items or otherwise in sccordance wi!b Applicable Law. The Funds shall be held in sn institution whose deposits are inmred by a federal sgency. inslrnm...toH~. or entity (including Lcndcr, if Lender is m institution whose deposits are 10 inmred) or in any Federal Home Losn BalIk. Leader shall sppIy !be Funds 10 pay the EIc:row Items no later than the time specified under RESP A. Leader abaI.I not charge Borrower for holding and applying the Funds, lDIlI18iIy snaIyziDg !be escrow lICCOWlt. or verifying !be EIc:row Items, unIcaa Leader pays Borrower interest on !be Funds and Applicable Law permill Leader 10 make such a cbarge. Unless an agreement is made in wriliDs or Applicable Law requires interest 10 be paid on the Funds, Lender abaI.I not be required 10 pay Borrower any interest or eamings on the Funds. Borrower and Lcndcr can agree in wriliDs. howev.... that interest 100176105041894836 ,1?~ 0504189483 ~--W- _-IA(PA) (".,) p.... of" FlH'IIl Sost 1/01 81tIQS I Ph4S7~ BK' 909PG2231 ahall be paid on the Funds. Lender shall give to Borrower, without charge, an IlDl1I1al 8C<Xlunting of the Funds IS required by RESPA. If there is a IIlIIplus of Funds held in escrow, IS defined under RESPA, Lender ahall account to Borrower for the excess timds in accordaDce with RESPA. If there is a sbortage of Funds held in escrow, IS defined under RESP A, Leader sba1I notify Borrower IS required by RESP A, and Borrower sba1I pay to Lender the emount n_my to maIcc up thc shortage in accordance with RESPA, but in no more than 12 monthly paymenla. If there is a deficieacy of Funds held in escrow, IS defined under RESP A. Leader shall notify Borrower IS required by RESP A, and Borrower sba1I pay to Leader the amount _9lIry to maIcc up the deficiency in accordance with RESP A, but in no more than 12 monthly payments. Upon paymeat in 1W1 of all 8UIDS secured by this Security Instrument, Lender sba1I promptly refund to Borrower any Funds held by Lender. 4. CIw&a; LleIII. Borrower shall pay all taxes, urmmmts, charges, tines, and impoaitioDS allributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Asaociation Dues, Fees, and ..-- ......,8, if any. To the extent that these itema are Escrow Items, Borrower ahall pay them in the III8IlJIeI' provided in Section 3. Borrower shall promptly cIiachar&e any lien which baa priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner """""table to Lender, but only 80 long IS Borrower is perfonning such agreemad; (b) CODte8I8 the lien in good faith by, or defeads against enforcemeat of the lien in, 1epl ~;~p which in Lender' a opinion operate to prevent the enfon:ement of the lien wfille those pt"'"-'lnp IlrC pending, but only until such pro<:eedings IlrC oon<:luded; or (c) secures from the bolder of thc lien an aar-t aatialictory to Lender subordinating the lien to this Security InstrumaII. If Lender detcrminea that any part of the Property is subject to 8 lien which can attain priority over this Security 1na1rumeat, Lender may give Borrower 8 notice identifying the lien. Within 10 days of the cIate on which that notice is given, Borrower shall aatiafy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a ono-time charge for 8 res! estate tax verification and/or reporting service uaed by Lender in connection with this Loan. 5. Property IManac:e. Borrower shall keep the improvements now existing or hereafter erected on the Property inaured against 1088 by fire, hazards included within the term "exlellded coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance aba11 be m';,""lnM in the amounts (including deductible 1cve1s) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance aba11 be chosen by Borrower subject to Lender's right to disapprove Borrower' a choice, which right aba11 not be exercised \IID'C8SOD8bly. Lender may require Borrower to pay. in connection with this Loan, either: (8) a ono-time charge for flood zone determination. certification and tracIcing services; or (b) a ono-time charge for flood zone determination and certification services and aubaequent charges each time remappings or aimiIar changes occur which reasonably might affect such determination or certification. Borrower aba11 also be responsible for the payment of any r- imposed by the Federal Emergency Management Ageacy in connection with the review of any flood zone determination resulting from an objection by Borrower. _..A(PA) (04.7) PIge' af l' -iJ}) 0504189483 100176105041894836 Fo,", IOU 1/01 BlftqS I PhuS7h BK 1909PG2232 If Borrower WIs to maintain any of the covmgcs delcribed above, Lender may obtain ilIsurance coverage, at Lender's option and Borrower's c:xpeDSe. Leader is lIIIder no obligation to purchase any particular type or amount of covenage. Therefore, such covcnae sball cover Leader. but might or might not protect Borrower. Borrower's equity in the Property, or the conteats of the Property. s.piDSt any risk, hazard or liability and might provide greater or Iesscr coY<n8" than was previously in effect. Borrower scIaIowloclges that the cost of the insurance coverage so obtained might sigaificant1y exceed the cost of ilIsurance that Borrower couJd have obWDcd. Any amounts disbursed by Lender lIIIder this Section S sball become additional debt of Borrower seeured by this Sel:urity Instrumeat These amounts shaJJ bear interest at the Note rate from the date of disbursement and sball be pa)'lble, with such interest, upon notice from Leader to Borrower requesting payment All insurance policies required by Lender and reaewsJs of such policies sball be subject to Lender's right to disapprove such policies, sball include a standard IIIIlI'lpge clause, and sball IlSD1e Lender sa mortgagee and/or sa an additional loss payee. Leader sball bave the right to hold the policies and renewal certificates. If Lender requires, Borrower sball promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains Ill)' form of insurance coverage, not otherwise required by Lender, for damage to. or destruction of, the Property. such policy sball include a standard mortpge clause and sballllSD1e Lender IS mortgagee and/or sa an additional loss payee. In the eveu.t of loss, Borrower sball give prompt DOtice to the ilIsurance carrier and Lender. Leader may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any ilIsurance proceeds, whetIu:r or not the lIIIderlying insurance was required by Lender, sball be lIJlPlied to restoration or repair of lbe Property, if the restoration or repair is economically feasible and Lender's security is notlessered During such repair and restoration period, Lender sball have the right to hold such insurance proceeds unliI Lender bas had an opp...lIwity to inspect such Property to ensure the work bas beeo completed to Lender's latisfaction, provided that such inspection sball be UDdertaIcen promptly. Lender may disbune proceeds for the repairs and _-.lion in a single paymelIl or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Leader sball not be required to pay Borrower any interest or earninp on such proceeds. Fees for public acljusters, or other third parties, retained by Borrower sball DOl be paid out of the ilIsurance proceeds and sball be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds sball be lIJlPlied to the IWIIS aecured by this Sel:urity Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds sball be spplied in the order provided for in Section 2. If Borrower abandoDs the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Leader that the insurance -ner bas oft'ered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is giVCll. In either event, or if Leader acquires the Property lIIIder Section 22 or otherwise, Borrower MRby assigns to Leader (a> Borrower's rigbts to any insurance proceeds in an amount not to exceed lbe amounts unpaid lIIIder the Note or this Sel:urity Instrument, and (b) any other of Borrower's rights (other than the right to any refimd of unearned premiums paid by Borrower) lIIIder all insurance policies covering the Property. insofar IS such rights are applicable to the coverage of the Property. Leader may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid lIIIder the Note or this Sel:urity IIlBlrumenl, whether or not then due. 100176105041884836 ~ 0504189483 ".,,--aD _..A(PA) to.,,> P...7 of" FOI1ll SOU 1/01 DV,lQ C; IPCh C\ 1 C\ BK , 9 0 9 PG 2 2 33 6. 0mIpuey. Borrower shill OCCIlJlY, establish, and use the Property as Borrower' a principal residence within 60 days after the execution of this Security Instrument and shill continue to 0CCIlJlY the Property as Borrower' a principal resiclalcc fur at lcast one yar after the date of occuplllC)', unless Lender otherwise sgrccs in writing, which COIISeOt shill not be unreasoaabIy withheld, or unless exlllDUating cil'l'",notanccs exist which are beyond Borrower' a control. 7. ~doa, Malnteauce nd Protedloa of the Property; lBIpectIons. Borrower shill not destroy, demage or impair the Property, s1Jow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower sbaII maintain the Property in order to pravcnt the Property from deteriorating or dccrcssing in value due to its condition. Unless it ia determined pursuant to Section S that rcpIir or restoration is not ecoaomica11y feasible. Borrower shill prompdy rcpIir the Property if damaged to avoid tbrtbcr deterioration or damage. If insursnce or COJlMmn.t:ion proceeda are paid in coanection with damage to, or the taking of. the Property, Borrower shill be responsible for repairin& or restoring the Property only if Lender bas released proceeds for such pII1'p08CS. Lender may disburse proceecIs for the rep8irs and restoration in a single payment or in a series of progress payments as the work ia completed. If the insurance or r.nnm-n.mon proceeda sre not sufficient to rcpIir or restore the Property, Borrower is not relieved of Borrower' a obligation for the completion of such repair or restoration. Lender or its agent may mske reasonable entries upon and inspections of the Property. If it bas reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shill give Borrower notice at the time of or prior to such sn interior inspection specifying such reasonable cause. 8. Borrower'a Lou AppIIeatiolL Borrower shill be in de1iwlt if, during the Loan application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower' a knowledge or CODSeIIt gave materiaIIy false, m;.I....t;".. or inaccw'atc information or .tp"'""ents to Lender (or failed to provide Lender with matcrial information) in oonnection with the Loan. Material represeotations include, but sre not limited to, representations concerning Borrower' a OCCUplllC)' of the Property IS Borrower' a principal J'HidCl1CC. 9. Proteetlon of Leader'a Inlenst Ia tile Property aDCI RJebts UIIder dais Security 1Dstrwneat. If (a) Borrower faiIs to perform the COVClWlts and qreements contained in this Security Instrument, (b) there is a legal ~;.,g that might sipHi'lSlllly affect Lender' a interest in the Property and/or rights under this Security lDalllldlCod (such as a prn--l;.,g in bsnbuptcy, probate, for condemnation or forfeiture, for enforcemont of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower bas abaodoned the Property, then Lender may do and pay for wbalcver is reasonable or appropriate to protecl Lender' a interest in the Property and rights under this Security Instrument, including JKot..ctiug and/or '-1-'''g the value of the Property, and securing and/or repairing the Property. Lender' a lCtions can include, but sre not limited to: (al paying sny sums secured by a lien which bas priority over this Security lDstnunent; (b) appearing in court; and (c) paying reasonable attorneys' r- to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bsnbuptcy proceecIilIg. Securing the Property includes, but ia not limitcd to, ClIterin& the Property to mske repairs, change 1ocb, Rplacc or boerd up doon and windowa, drain water from pipes. ..Hm;n.... building or other code violslions or dsa&erous conditions, and have utilities tumed on or oft: A1tbough LcncIcr may tsIce lCtion under this Section 9. Landa- does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all lCtions authorized under this Section 9. 411tofA(PA) (".7) 10017610S0418a4836 ~~ ,., 011' OS0418a483 Form 3031 1/01 IlVIQ C\ I pro u 1\.1 h BK 1909PG223~ Any amounts disbursed by Leader W1der this Section 9 sbaIl become additional debt of Borrower secured by this Security 1DstrumeI1t. These amounts sbaIl bear interest at the Note rate from the date of disbunemcot aDd sbaIl be pa'flblc, with sucl1 interest, upon notice from Leader to Borrower requesting payment. If this Security IDstrumeI1t ia on a leaacbo1d, Borrower sbaIl comply with ... the provisions of the 1ca8e. If Borrower acquires foe tide to the Property, the leuehold aDd the foe tide sball not merge unless Leader aareeo to the m<<gcr in writing. 10. MoI1pce IIIIvIuIce. If Lead<< requited Mortgage Insuram:e as a condition of making the Loan, Borrower sbaIl pay the premiums required to m,,;"'#ir the Mortpp IDsurIl1CC in effect. If, for II1Y 1'aI8OD, the Mortgage IDsurIl1CC coverqe required by Leader ceases to be awilable from the mortgage inIurer that previously provided sucl1 iDIuraoe aad Bouuw.. was requited to make separately clesipated payments toward the premiums for Mortpp Insuram:e, Borrower sbaIl pay the premiums required to obtain coverase IlUbatantiaJly equivalent to the Mortgage IDsunmce previously in effect, at a coat subatantiaUy equivalent to the coat to Borrower of the Mortpp Insunmce previously in effect, from m alternate mortpge inIurer selected by Leader. If svbs'#ntilily equivalent Mortgage IDsurIl1CC coverqe ia not available, Borrower sbaIl continue to pay to LCDda- the IIDOIUIt of the sepante\y tW;poted payments that were due whea the insur8Dce coverage ceased to be in effect. Leader will accept, II8ll aDd retain these payments as a non-re1lmdable loss reserve in lieu of Mortga&e lnsurll1CC. Such loss reserve sba11 be non-re1lmdable, notwitbataDding the fact that the Loan is ultimately paid in full, aDd Leader sbaIl not be required to pay Borrower my interest or earoiDp on sucl1loa reserve. Lead<< ClIIl no lauger require loss reserve paymeolI if Mortgllp Insunmce coverage (in the IIIIIOWIl aDd for the period that Leoder requires) provided by m insurer se1ected by Leoder apin becomes available, is obtained, aDd Leoder requires sepante\y desigaated payments toward the premiums for Mortgage 1Dsuraace. If Leader required Mortgage Insunmce as a condition of making the Loan aDd Borrower was required to make leplf&lely desigaated payments towIrd the premiums for Mortgage IDaurauA:e, Borrower sbaIl pay the premiums required to m.;....i.. Mortgage Insunmce in effect, or to provide a non-retlmdable loss reserve, unti1 Lender's requiremant for Mortgage IDsurance eada in ICCordance with II1Y written agreemeot between Borrower aad Leader providing for sucl1 termination or until termination i. requited by Applicable Law. Nothing in this Sel:tion 10 affects Borrower'. obligation to pay interest at the rate provided in the Note. Mortgage IDsuraace reimbunes Leader (or my entity that purclIases the Note) for cerllIin loaes it may incur if Borrower does not repay the Loan as agreed. Borrower ia not a party to the Mortgage Insunmce. Mortgage insun:rs eva1uate their tota1 risk on all sucl1 iDsunnce in fon:c from time to time, and may enter into apoements with otbcc partiea that a1w-e or IIIoditY their risk, or reduce loases. These agreements arc on terms md conditions that are lIIIlisfactory to the mortgage iuurer aad the otbcc party (or partiea) to these &gI"'OI1lenls These 881- may require the mortgage inIurer to make payments IIIing II1Y source of fuada that the mortgage inIurer may bave available (which may include fuada oblllined from Mortgage Insunmce premiums). AI. a rault of these &g1'l'-........., Leader, any purchaser of the Note, another insurer, my reinsurer, my other entity, or any Iffilialo of my of the foregoing, may receive (directly or indiRctly) amounts that derive from (or might be cbancterized as) a portion of Borrower's payments for Mortgage 1Dsuraace, in exchaDse for sharing or modifying the mortgage insurer'. risk, or reducing losses. If sucl1 agreement proviclea that 111 afti1iate of Leoder takes a a1w-e of the insurer'. risk in exchaDse for a a1w-e of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a> Ally ....... ...-_ wI1I DOt affect tile amouall t1Iat Borrower hu qreed to pay for Mortp&e IJuvaDa, or aay 0111<< lermI of tile LoaD. SadI acr-ea.lI wI1I DOt IDueue tile amouat Bomnfer wI1I owe for MortIap Imvaaee, alld tbey wlII DOt eaUde Borrower to aay refllDd. 100176105041894836 ~tiM~ 0504189483 Gt..AIPA) (,'.n P....oIlO form3031 1/01 BK 1909PG2235 AttIQ c; I PC I. C;., "7 (b) ADy ndlllln r- -~ will not Ilft'ect the rtahta Borrower hal . If oy . with IWpect to the MortpCe IaI_ wader the H......."... ProtedIoa Act .f .'" or oy odIer Jaw. TheH ripa may Iaclllde .. rlPt to naive eertIIa lIlnl llill'" to ....... IIIll obtaIa taI"'dI.lloIl .f dae MorCpce I-. to have the M.rtpae IMu1uaee ......tell ......daDy. UIIJI.r to receive · nfaH of oy Monpae lDIurlUlee preml_ that wen ~ .t 1lae 1Ime of I1ICh tlll""tllatlou or tenUiadoa. 11. A-I"-eat of Mlval'a........ PrIlceedI; Forfeiture. All MilcellaDeoua Procccda ere hereby usisncd to and Ibal1 be paid to Lender. If the Property is damagcd. IUIlb Misccl1W\e011& Proeccda shall be lIpplicd to restoration or repair of the Property, if the restonlion or repair is econDl"ically feasible and l.codc:r's security is not les&alcd. DurinIlIUllb repair and restonlion period, Leader sba1l have the right to hold such MiacIll1_ Proeccda until LeDder bas bad 1II1 opportunity to iuspect IUCh Properly to c:D8UIe the work has been completed to Lender'1 ..rimw;Ol1, providccl that IUCh iaapcction Bball be IIIldatIkeIl promplly. Leader may pay for the tcp8irs and IOIfonlion in . lingle c!iIbuneIDeDt or in a lICries of progress paymcals aa the work is completed. Uuleu 1II1 apecmeat is made in wrilina or Applicable Lr.w roq1lires iDtaeat to be paid on such Milcell.oeous Proceeda, Leader sball not be required to pay Borrower IIIlY intereat or earnings on such Mia<>ell"'....... Procecda. If the _,Ition or repair is not cc:onomi<;aUy feesible or Leoda's security would be laaeDed, the ).11.....11"""""11 Procccda sball be lIpplicd to the auma secumI by this Security Instrumcnt, whethec or DOl tha1 clue. with the lll<CCIS, if lilY, paid to Borrower. Such Mi_Uo""",1S Proeccda sball be lIpplied in the order provided for in Section 2. ID the evcoI of a total takiD&. ck:struction, or lOll in value of the Property, the Misce1laneous Procccda sball be lIpplied to the suma secumI by this Security IDstnunenI, whetber or not then due, with the lll<CCIS, if lII1Y. paid to Borrower. ID the evcoI of a partial taking, deslruction, or loss in value of \he Property in which the fair market value of the Property ;mmedlltely befure the partial takiD&. de8truction, or loss in value is equal to or greater than the amollDl of the IUIII8 IICCIII'ed by this Security Instr1ImaIl Immediately before the partial takiD&. destrw:li0ll, or loss in value, 1III1esa Borrower and Leader otherwise agree in writiD&. \he IUIIIS ICCIIIed by this Sel:urity Iustrumeat sball be reduced by the amount of the Miacel1l11lClOU8 Procceda multiplied by the following fraction: (.) the total amount of the auma IClCIIred ;mm""iot;ely before the partial taking, cleltruction, or loss in value divided by (b) the fair market value of the Property ;"""..moMly before the partial takiD&. deslructiOD, or lOll in value. Any balaoce Ibal1 be paid to Borrow<<. In the evcoI of a partial taIdn8, deslruction, or lOll in value of the Property in which the fair market value of the Properly Imm"<!iftely before the partial takiD&. destruction, or lOll in value is less than the amollDl of the auma IICCIII'ed im.-lhltely before the partial takiD&. destruction, or loss in value, unIesa Borrower and Leader otherwise agree in writiDg. the Misull__ Proceeds sball be lIpplied to \he SUII1I secured by this Sel:urity IDstrumeot wbethc:r or not the suma lIe then clue. If the Properly is abandoned by Borrower. or if, aft<< notice by LeIIder to Borrower that the 0pp08ing Party (aa defuIed in the next __) offers to maIce lID award to settle a claim for damages, Borrower faiJa to respond to Leader within 30 days aft<< the date the uotice is 1Pva!, Leader ia authori1.ed to collect and lIpply the Mircellaaeoua Proc:eeds either to restoration or repair of the Properly or to the sums 8CCllIl'ed by this Sel:urity Instrument, whethec or DOt then due. "Opposing Party" meaDS the third party that owes Borrower MisNoII",'lOUS Proc:eeds or the party .pinal wbom Borrower has a right of action in rCl\ll'd to Misccl1meous Proceeds. Borrower Ibal1 be in defAult if lilY action or pIO<'-.!;"& wbethc:r civil or criminal, is begun that, in Lander' . j>wljpn..... could reault in forfeiture of the Property or otber mataial impairment of Leudot'. interest in the Property or rights UDder tbia Sel:urity Instrument. Borrower can cure such a default and, if ...,.Ieration bas occurred, reiJlatate aa provided in Section 19, by cauaing the action or proceeding to be 100176105041894836 ~ 0504189483 ''*"",W 4111t"A(PA) (0'.7) _.1."" FOlIII3DU 1101 DV I,Q I:: I or I. c:; '7 R B1< I 9 0 9 PG 2 2 36 .I;_;......l with a ruIiDg cbat, in Leader's j...Il!"'..... precludes f<lrfeitllrc of the Property or other material impainneut of Lender'. iDterest in the Property or riahts uod<< Ibis Security InsInIment. The proceeds of say award or o1aim for dsaJ.s&es that Il'C attributable to the impairment of Lender' s interest in the Property Il'C bereby IIIigned 8Dd rbsll be paid to Lender. All },j';_JI..-."" Proceeds that Il'C oot applied to RStoratioa or repair of the Propaty rbsll be applied in the order provided for in Section 2. 11. Borrower Not P......; J1o~ By LeIIdel" Not a Waiver. Extea.si.on of the time for payment or modification of IlIIOI'tization of the sums secured by Ibis Security Instrument granted by Lender to Borrower or any Succasor in llI_t of Borrower rbslloot openIe to reIeue the liability of Borrower or any S1Icces80rB in m-t of Borrower. Lendcr rbsll not be required to ~ ~~1lI' againsl any Sucocssor in IlIterest of Borrower or to retilse to extend time for ps.ymeDl or otberwiac modify smortizalion of the IIUIIIS secured by Ibis Security IDstrumeDI by _ of any demaDd IIUIde by the orig:iJlal Borrower or say ~ in IDtercst of Borrower. Any forbearsaoe by Lcnder in ellCrCising any right or remedy inoluding, without limitation, Lender's SI:CCp_ of payments ftom third pcnons, Clltities or SuccesIOt'S in IlIterest of Borrower or in amounts less than the amount then due, rbsll not be a waiver of or pm:1ude the _oise of say riJbt or Rllledy. 13. .JoIat IlIId. Sewnl LIaIIIIIty; CCMIpen; SIKCIIIIlI'IIIICI AssIps BolIIId. Borrower covenants and agrees that Borrower' s obliptions 8Dd liability sbsll be joint and &eYCII'lIl. However. any Borrower who co-elps this Security IDstrumeot but does 001 ex_ the Note (a "co-sigDer"): (a) is co-sigoing Ibis Security Instrument ooIy to mortgage, grant 8Dd convey the co-signer'. inlcresl in the Property under the tCtllll of this Security Jnstrument; (b) is 001 persolllllyob1ipted to pay the IIUIIIS secured by Ibis Security lnstrumcIU; 8Dd (c) agrees that Lender and any olher Borrower c:sn agree to extend, lIlOdify. forbear or make any accommodstions with regard to the terms of Ibis Security Instrument or the Note withoul the co-signer's consent. Subjeot to the provisions of Sec:tioa 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security lustrumcnt in writiDg, 8Dd is approved by Leodet, rbsll obtain s11 of Borrower'. rights 8Dd beae1its UDAIcr this Security lustrumenl. Borrower rbsll not be released from Borrower' . obligations 8Dd liability under this Security Iustrument lIlI1ess Lender agrees 10 sucl1 release in writing. The coveasnts 8Dd sarecmaats of this Security IllstrulDClll rbsll bind (excepl IS provided in Section 20) aad beaefit the .-. aad IIIIips of Leodet. 14. Loaa CJaar&es. Leodet may charge Borrower fees for services pcrfonned in colUlCCtioa with Borrower'. default, for the p1I1'p08C of protecting Leader'. interest in the Property aad rights under Ibis Security Instrument, including, but not limited 10, sttomeys' fees, property inspeotion aad valuation fees. III regard to say otber fees, the sbscm:e of cq>ress authority in this Security Instrwnent to charge a specific fee 10 Borrower sbaI1 001 be construed IS a prohibition on the charging of sucl1 fee. Lender may not charge fees that are expressly prohibited by this Security lnstrumcIU or by Applicable Law. If the Loan is subjeot to a Jaw which sees maxilllllDJ loan charges, 8Dd that Jaw is finally interpreted so that the intcreat or olher loan charges colleoted or 10 be collected in c:osmection with the Loan ""ceed the permitted limits, then: (a) any sucl110an charge sball be redu<:ed by the amount _my 10 reduce the charge to the permitted limit; 8Dd (b) say sums already collected from Borrower which ""ceeded permitted limits will be refunded to Borrower. Lender may cboose to DlIlke Ibis retimd by reducing the princ:ipaI owed uod<< the Note or by maIdn& a direc;t payment to Borrower. If a refund reduces princ:ipaI, the reduction will be treated IS a partial prepayment without any prepaymenl charac (whether or nol . prepayment charge is provided for uod<< the Note). Borrower' s sccepIaDce of any sucl1 refund made by direc;t paymcnllO Borrower will constitute a waiver of any riabl of action Borrower might have arising out of sucl1 ov=hsrge. 15. NoU-. All notices given by Borrower or Lender in c:osmection with this Security Instrument mUSI be in writing. Any notice to Borrower in connection with this Securi~ty t ahal1 be deemed to 100176105041894836 0504189483 '*'* _..A(PAIIO.07) ...." of" FO(IlI '03' 1/01 QK I 909 PG 2 2 3 7 1Il1Q~ I Pr.I.~7 Q have been given to Borrower wilen mailed by first class mail or wbco actually delivered to Borrower's notice address if _ by other 1IICIII8. Notice to any one Borrower shaI1 coaatitutc notice to ell Borrowers lII11ess Appli*le Law c.xpressly requires otherwise. The notice ad4rcss sha11 be lhc Property Address lII11ess Borrower has .w1lV'....! a substillltc DOIicc ad4rcss by notice to Leader. Borrower shaI1 promptly notify LcDdcr of Borrower' s dlana;e of addteas. If Leader specifiea a procedlIre for reportiDs Borrower's dlana;e of addtcsa. dlcn Borrower sha11 only report a cblD8e of addr_ through that specified procedure. Tbetc may be only one deaipled notice addteas under this Security lDalrumcal at any ODe time. AJly notice to LcDdcr shaI1 be given by delivcriDg it or by maiIiD& it by first class mail to Leodcr' a Iddrcss atated herein IIIllca Lel:Idor baa dcailV'otM lI1Illthcr addteas by DOUce to Borrower. Arxy notice in COJIJIOCtion wilh this SeclIrity InatrumaIt shaI1 DOt be dccmcd to have bccD given to Leader W1li1 actua1Iy received by Leader. If any notice RqIliIcd by this Security JBatnuncnt is also required under Applicable Law, tbc Applicable Law rcquiremcat will satisfy Ihe correapoading requircmcD.t UlIder this SeclIrity InatruDlelll. 16. Govel'1llDc La,,; SevenblJIty; a.. of Collltnletloa. 'Ibis Security Instrument shaI1 be govcmed by fcd<<a1 law and lhc law of lhc jllrildictioo in which tbc Property is located. All rights and obJi&ations """to;....! in this SeclIrity Instrument lItC subject to any rcquiremaIIa and IimitatiOll& of Applicable Law. Applicable Law might e><plicitly or implicilly ellow lhc partiea to agree by contrllct or it might be silent, but such IiIence shaI1 DOt be coaatrucd as a prohibition against llgI'eCII1ClIlt by ll<lI1lmlt. In the event that any provision or clouse of this Security Instrument or lhc Note cont1iCl& with Applicable Law. sucb conflict shall DOt e1fcct other provisiOll8 of this Security Instrument or lhc Note which can be given effect without tbc CODfIicting provision. As used in this SeclIrity Jnatrumeot: (a) words of the mwn';"., gender shall mean and include couespoodiDg neuter words or words of Ihc f.m;"mp. gender; (b) words in tbc singular sha1I mean and inclwle tbc plural and vice versa; and (c) the word "may" gives sole dilcrctiOQ without any obligation to take any actioo. 17. Borrower'. Copy. Borrower shaI1 be given one copy of the NOte and oflhia SeclIrity Iustrllmellt. 11. Truufer of tile PnIperty or a "ofJd~' ID~ ba Borrower. As used in this Section 18, "m- in Ihe Property" maDS any JeaaI or beneficial interest in the Property, including, but not limited to, tboae beneficial intcre1t8 traII8ferred in a bond for deed, contract for deed, ;,,_IIm..,. sales contract or csccow llgI'eCII1ClIlt, tbc intent of which is tbc lranafcr of title by Borrower at a future date to a purchaser. If ell or my part of the Property or any Interest in the Property is sold or traIIIfIlrrcd (or if Borrower is not a D&turIl person and a bcDcficial intcte8t in Borrower i. sold or traDIferred) without Leodcr'. prior written COlIICllt, Leader may require ;mm..!;.... payment in tbll of ell &UlJI8 secured by this Security Instrument. Howcvc:r, thi. option shall DOt be e:ltercilcd by Leader if sucb e:lten:isc is prohibited by Applicable Law. If Leader exercises this opUOII, Lender shall give Borrower notice of IICCCleration. The notice shall provide a period of not 1_ than 30 days ftoJD the date lhc notice is giVCll in ~ wilh Section 15 within which Borrower must pay elllUlllll ICCIIlcd by this Security Ina1rUmClllt. If Borrower fails to pay these &UlJI8 prior to lhc expiration of thi. period, Leader may invoke any rcmcdica permitted by this Security Instrument without further Olltice or demand on Borrower. 19. Borrower'. RJpt to RdIIRate After Al:cclendoa. If Borrower mectll certain conditiolll, Borrower sha11 have the right to have CDforcemcnt of this Security Instrument discontinued at any time prior to lhc ear1icat of: (a) five days before aale of tbc Property punuanl to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might spcocify for tbc tcnnination of Borrower'. right to rciDstate; or (c) enlly of a judgment cafilrcing this Security Instrument. Those CODditiOJl8 are that Borrower: (a) pays Leader all IWJlI which then would be due under this Security Instrument and tbc Note 8S if no acceleration bad occurred; (b) cures any default of any other COVCllllllI8 or 1001761050.189'836 ~ ~J)v 050'189'83 ,.....;1iJ) _..A/PAllo.,,) ...." of" Fo,",303I 1/01 BKl95 I PG4580 BKl909PG2238 ag._; (c) pays all ~ incumd in enfurcing Ibis Security InalrumCDt, including, but not limited to, 1'CIIODIb1c attorDeyI' feet. I"uperty inspection IDd muaUon feet. IDd other fcca incurred for the J'IIlPOI" of protecting Lender' a int<<cat in the Property 8Ild ri&hta UDder Ibis Security Jnalrument; and (d) tabs IIIICh action 88 Leader may mlOll8hty require to _ tbat Leader' a in_ in the Property and rigbts UDder Ibis Security InatrumeDt, and Borrower' a ob1ill1'tiOll to pay the 8UID8 aecurcd by Ibis Security Instrumcnl, abaI1 MIlti...... unr.h..,ged. Lender may require tbat Borrower pay such reinstatemalt 8UID8 and ~ in one or more of the following forma, 88 ~ by Lender: (a) cash; (b) IDOIIC)' order, (c) certified chccIc, baDk chccIc, treaauter's check or cashier' a check, provided any such check is drawn upon an ioatillllioo wbosc deposita _ inaurecI by a federal agency, ioalrumc:Dtality or entity; or (d) ElectrODic Funds TtaD8fcr. Upon rei'lShl-t by Borro_. this Security Jnalrument IDd obligations occurcd hereby aba11 remain tully effec:tive 88 if DO acceleration had oc;cumd. However. this right to reinstate shall DOt apply in !be case of acceleration UDder Section 18. 20. Sale of Note; CIwIp of Lou ~ Notice of Grimmce. The Note or a porlia1 in_ in the Note (together with this Security Ioatrumcnt) can be sold one or more times without prior notice to Borrower. A sale might result in a c:baoge in !be entity {IaIoWll 88 the "Loan Serviccr") tbat collects Periodic PayDlCllta due uocIcr the Note and this Security Ioatrumeat and ~ro._ other mortgage loan saviciDg obligations uocIcr the Note, this Security IoattumeIlt, and Applicable Law. There aIao might be one or more cbanges of the Loan Serviccr uorcIated to a sale of the Note. If there is a cbaage of the Loan Scrviccr, Borrower will be giwn writtal notice of the cbaage which will 8Iale the _ and address of the new Loan Scrviccr, the ~ to which paymeota IhouId be 1D8de IDd any other g,w"..tiQQ RESt' A requires in CODDeCIion with a notice of lno8fer of aerviciDg. If the Note is sold and theRaft<< the Loan is savicccl by a Loan Serviccr other than the purchaser of the Note., the mortpge loan a<<viciDg obligations to Borro_ will remain with the Loan Serviccr or be traaafcrred to a successor Loan Scrviccr 8Ild are not "P'''''''' by the Note putcbaaer uoIeaa otherwilIc provided by the Note purchaser. Neither Borro_ nor Lcnder may enm_, join, or be joined to any judicial action (as either an individua1 litigant or the member of a class) tbat arises from the other party' a actioos punuant to this Security Iostrument or tbat alleges tbat the other party baa breached any provision of, or any duty owed by rCllOll of, this Security Iostrumcnt, until such Borrower or Leader baa DOtified the other party (with IIlCh notice giwn in compliaocc with the requirclDCIlIs of Section 15) of such alleged breach and afforded the other party haao a rcaaoaable period aft<< the giving of such notice to . corrective actioo. If Applicable Law providts a time period which must elapse before certain action can be takco, thet time period will be deemed to be I'CIIODIble for ~ of this paraarep!L The notice of acceleration and opportunity 10 cure given to Borrower purauaot to Section 22 and the notice of acce1eration given to Borrower pursuant 10 Section 18 abaI1 be deemcd 10 satisfy the notice and opportunity to . corrective action provisions of Ibis Section 20. 21. Hazardous S"......- AI. used in thia Section 21: (a) "Hazardous Substatlces" ate those substm:ea defined 88 toxic or hazardous IUbatIlllCC8, pollutanta, or wastes by Enviromnental Law and the following aubstaoocI: gasoline, keroaeae, other f1AmmBh\e or toxic petroleum products, toxic pesticides and herbicides. volatile solvents, materisls C('n"ining aabeatoo or foroWdebyde, 8Ild radioactive materials; (b) "En.nroamental Law" means federal laws and laws of the jurildiction where the Property is loeated tbat rcIate to health, safety or eovirolm-tal protection; (c) "Enviroo_1 CIeaoup" includes any respoosc action, remedial action, or temovtl action, IS defined in EnviromDcDta1 Law; and (d) an "Environmental Condition" means a condition thai can CIlII8e, contribute to, or otherwise trigger an Environmental Cleanup. ""13 0111 - iID- 0504189483 100176105041894836 ~"A(PAI (0'071 Form 3031 1/01 .lIt'S t PG4 51;t ill909PG2239 Borrower abalI not ClIl1lIe or permit tho presence, use, dilIposaI, storage, or release of illY Hazardous Substances, or tbreatat to release any Hazardous SubaIarIcei, 011 or in tho P~. Borrower abalJ not do, IlO1' allow ~ cIse to do. mythiq affeotiag tho Property (a) that is in violation of any E.nviromnaltal Law, (b) which Cl'elIleS ID En~l CoudltiOlI, or (el Which, due to tho JlII_ use, or noIase of a HazarcIOua ~ creaIea a CODditioo that acMraeIy affilcta tho value of the Property. The preoecIin& two __ abalJ not lIpply to~' use, or ltonge 011 tho P=r of sma11 quIIIlitics of HaardoUl Substaar.ea that are recogaized to be -wJoptille to reaidcDtieI - 111(\ to mo;nt_"""" of tho Property (iDe udin& ~ I10t limited to, bazardoUI ",b0taDCe8 in COllIl,m... productal. Borrower abalJ promptly live LeDcler written notice of eal any in~ e1ailll, d........d. Iawauit or other actiOll by IDY goveriuDeotal or regu1atory ~ or private party mvolviag tho Property IIId any HazardoUl SubItuce or Envirollmeotal Law of which Bon-owor baa ICtuaI knowIeclge, (b) any Bnvirn>ul-..1 ConditiOD, iDcIuding but not limited to, ~ apiIIiDg, lcakiDg, cliachIrge, releaae or lhicat of release of any HazIrdoua Sub8tance, IIId (e) any CODdiliOll ClIUIed by tho ~, U8C or reI_ of a HazIrdoua SubsllltW'e which acMraeIy afCocl& tho value of tho Property. If Borrower le8ms, or is notified by any Jf~"""1laI or ~ authority, or IDY priVlte party, that an.lo~val or other I'CIllediation of any Subitalv'.e affecting tho Property is 1'eC"""j70' Borrower taIlllfOlDlllly tab all MC"'"'"'Y remedial actioDs in IICCOfCIaace with Environmental Law. otbing herein abaf1 cre8te any obligation on Lcoder for an EnviroDmental Cleaoup. NON-UNIFORM COVENANTS. Borrower 111(\ Lcoder further co_1I1(\ agree .. followa: 22. Aeclleratfon; Rem...... LeMer abIIl &lve aodee to BOllG_ r,:r,::.,c:eeleratloa followlBc BoITOwer'1 brelIch of any eoveaaat or ......... In tIda s.curhy (but DOt prior to aeeeleratloa UDder SedIoa Ig ..... ~ Law pr'OYIdeI ..... w1h). LeMer ..... -Iffy "lowei' of, UIIOlII other daIap: (a) tile aadt; (b) tile aclloa reqaIred to c.... tile clefalllt; (c) wilen tile clefaalt III'" be ClInd; _ (eI) tUt fan.... to can tile diIaa1t .. apeeIIIed may mult In aeeelentIoa of tile _-" by tIda SeevIty 1Iaatr.-eat, f~ by JHIdalpro~ aacl ale of tile l'rlIperty. Leader ..... llll'tller WOnD BolTGwtI' of tile rf&Id to nbaltate after KC"_tIoa and tile dPt to ~ In tile f.ncl.... pl9Clltll'if the ~ w of a clefaalt or any other def_ of BoITOWll' to aeeeleratlon ad f~ tile default II BOt eond .. apedfIed, LeIader at Ita option may reqalre lauIIedlate par-t In tal of an 111IIII aeeund by tIda seeut.ty Iutnaeat without furtller 1J-ond and ..y fondole tIdI Seeurlty ........ by JDd/eh1 proceedbac. Leader abIIl be _tltfed to collIet an eqllRm IIIClII'nlIIn IlUIHiIIa tile ~I" proWled In tIda SictIoII22, Iae1l11lb11. but DOt IbaIted to, attonleyl' feca aDd- eGIlI of title ~ to the exteat permitted by AppIIeabIe Law. 2], ReI-. Upon paymeIIt of all sums secured by thia Security !Dstrument, tbia Security Iaatrument IIId tho _te conveYed Ib8ll terminare IIId become void. After auch occurrence, Lcoder aIWI diacbarge aDd un-fy tbia Security 1natrwnent. BorroWer abalI pay any recordatioa COlts. Lerador may cbarge Borrower a fee for reieuiDg tbia Security 1Dstrumcnt, but oaly if the fee is paid to a third party for la'vices rendered 111(\ the chariing of the fee ia permitted 11Ildor Applicable Law. 24. WaIven. Borrower, to the extellt ~tted by AppIiclbJe Law, waives IIId reIeaaea any error or defecta in p.oceediaga to enforoe tbia Security lnatrumI:nt, aDd hereby waivea tho benefit of any present or future Jaws providing for Illly of execution, exlalSion of time, exemption &om alt.~.hm""t, levy 111(\ we, IIId homeatC8d exemption. 25. ReIaIta.... Period. , Borrower' I time to reinstate provided in Section 19 abalJ extead to one hour prior to the comm_t of bidding at a 1berifl'1 we or other we pursuant to thia Security 1Dslrumenl , 26. PardIaae Money Mortpce. If any of tho debt aecured by tbia Security 1Dslrument ia lent to Borrower to acquire title to the Property. thia Security Iaatrumeat Ihall be a purchaIe money mortgage. 27. IDfenIt Rate After Judpeat. Borrower agrees that the interest rate payoble after a judgmeot is enl<<ed on the Note or in an ICtioa of mortgage foreclosure abalI be tho rate joiyable ftorn lime to time under the Note. 1'.,.14 of II -'-fA 0504189483 100176105041894836 4IIl..A(PAI (0'07) Fom un I/ot UK 1909PG2240 DIl:IQ~ l Drl. ~a? BY SIGNING BELOW. Borrower lICCepls and agrees to the terms and CO_Is contained in this Security Instrument and in any Rider led by wer and recorded with it. flA. A.t , (Seal) -Borrower (Seal) .Borrower (Seal) -_er . 2006 (Seal) -Borrower (Seal) .Borrower (Seal) ..Borrower (Seal) ..Borrower ~"A(PAIIO'071 "'.15 of l' 100176105041894836 Fo... 3031 1/01 0504189483 BJ(\195l PGlJ 51 3 BK 1909PG22lJ I C ' , J COMMONWEALTH OF' PENNSYLVANIA, lA. n1 be ( J (.i It Ontbis,the 319- day of \("y-v.lH 2005 W1denigncd officer, personally appeared DNa 10. - USS;;.;J Couaty a: . before me, the known to me (or satiafactorily prove.n) to be the pcnoa(s) whose namc(s) isllICC subscribed to the within ilIstrumcnt IDd ocknowledgcd that belshe/they executed the I8IDC for the pwposcs bereill contained. IN WITNESS WHEREOF. I hereunto set my band and offic:ia1_ My COn'lnti..ion Expires: TkleOfJ!okj ~bl (C NOTARIAL SEAL Jeanette L Pennington, Notary Public Susquehanna Tow....hlp. County of Dauphin My CommIssion ExpIlM SOpt. 10, 2005 Cerdfleate of ReI!l(mce il _ ~ I V'\ I, ~ C. (A (\(;fJC.. L. \-t,..nV"l \ n.q ~, . , do hereby certify that the comet addreas of the within-named Mortgagee is P.O. atx 2026, Flinl, MI 48501-2026. Witness my band Ibis 3bt Page 11 of 1. -~ 05041890183 100176105041894836 4lIIt"A(PA) (0'07) Form IOU 1/Q1 *1951 PG4514 BK 1909PG2242 ALL THAT CERTAIN 101 of ground wllh the Improvements thereon erected, situate In North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pipe on the Southern side of Wynnwood Drive, shieh Iron pipe is 175 feat Eastwardly from the Southea8tem COOler of Wynnwood DrIve and Slate Highway No. 34 and also at the Northeastern corner of the land, now or formerly of Patrick Reams and wife; thence South 82 degrees 32 minutes East, 60 feat to an Iron pipe at the line of Lot No. 7 on the hereinafter mentloned Plan of Lots; thence along the latter Jot. South 7 degrees 15 minutes West, 174.3 feat to an iron pipe at the line of land now or formerly of Ernest CIeIan and wife; thence along the latter land, South 87 degees 28 minutes West, 60.7 feat to an iron pipe on the line of land now or formerly of R.B. Taggart, Jr. and wife; thence North 7 degrees 15 minutes East, 185 feet to the Place of BegInning; being Improved wllh a one and one-half Iloly frame bungalow and being Lot No.6 of the Plan of Lots known as "Valley View N:les" as recorded in the oftIce of the RecorcIer of Deeds in Plan Book. No. 3,page UNDER AND SUBJECT to en together wllh the rights, prlvllegas, ag_ents, rights-of-way, easements, conditions, exceptions, resbictlons and reservations as exist by virtue of prior recorded Instruments, deeds or conveyances. BEING the same premises which Vyletta M. Mellott by deed dated December 3, 2003 and recorded January 12, 2004 In and for the Office of the Recorder of Deeds, Cumberland County, Pennsylvania, In Deed Book 261, Page 1126, Granted and conveyed unto Vylella M. Mellott Trustee of THE VVLETTA MELLOTT REVOCABLE LIVING TRUST, Gran\ol' herein. Parcel No. 29-16-1094-236 , ["Ie recorded , ., County PA . - "'-.J 'i" .. .,..,' 1 ","(/~ I<cconler of Deeds (200503O()Sg.PFDI2OQ503O()Sg.PFDI2O) .,95/ PG4S'S 111909flG22'3 ADJUSTABLE RATE RIDER (LffiOR Six-Month Index (As Published In The Wall Street Journa/}-Rate Caps) THIS ADJUSTABLE RATE RIDER. is made this 31. day ofMIY. 2005, and is incorporated into and sball be deomed to lIlI1end and supplement the MOI'I88&e, Deed ofTnlst, or Security Deed (the "Security Instrument") of the slIDe date given by the undersigned ("Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to Accredlllld H_ Le"*,,, Inc., A Call1'amll CClI'pOflllon ("Lender") of the same date and covering the property described in the Security Instrument and located at: 11. WYNNWOOD DRIVE C~~'3 THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND 1HE MONTHLY PAYMENT. nIE NOTE LlMITS nIE AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDmONAL COVENANTS. In Iddition to the COVClllllllIs and agreements made in the Security Iastrwnen~ Borrower and Lender further covcuant and aaree as foDows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest 1'lIte ofl.'7S%. The Note provides for changes in the interest 1'lIte and the monlbly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the i. day of June, 2007 and on the i. day of <:very sixth month thcn:after. Each date on which my interest rate could change is called a 'Change Date." (B) The lades Beginning with the first Change Date, my interest rate will be bucd on an Index. The "Index" is the average of intcrbanJc offered rates for six moo!h U.S. doIIar-denominated deposits in the LoIIdoo madcet ("LIBOR"), as pub1isbcd in ne Wall Strut Journal. The most _Index flame available as of the first business day of the month immediately preceding !he mooth in which the Change Date occurs is called the "Current Index. " If!he Index is no longer avai1able, the Note Holder wiD choose a new index that is based upon comparable information. The Note Holder wlll give me notice of this choice. IIIN. 1001711050411t4131 ARIIRIDR1.UFF BAGSHAW Pogo 1 on l"'lo~ ...... 0504118413 AHL m_d Fa_II.. 3131 (1101) ~ 195 I PG45.6 BK 1909PG22~4 (C) C8Icu1atton of CUnc" Befole each Change Date. the Note Holder will ca1cuJate my uew interest IlIte by oddiDg S.".n And Thrt...1g/ICha perceDlage poiDIs (7.375%) to the Cwmrt Index. The Note Holdcrwill then rolllld the result of this addition to the nearm one-eighlh of one percenta&e point (0.12S%). Subject to the limits s1Bted in Section 4(D) below, Ibis rounded amount will be my new in_t rate until the """t Chanae Date. The Note Holder will then cIetenniDe the lIIIIOUIIt of the mODlhly paymeot that would be sufficient to repay the lIDpaid principal that I am expected to owe at the ChaDae Dale in full on the Maturity Dale at my uew interest IlIte in substantially equal payments. The result of tbis ca1cuIation will be the new amOllDt of my monthly payment. (D) lJmItw on Interelt Rate CIwlg.. The in_t IlIte I am required to pay at the first ChaDae Dale will DOt be areater than 10.375% or less than 8.875%. TheIeatler. my interest rate will never be increased or dccmuod on any sin&Ie ChaDae Dale by men than On. And One-hilt perceDlage points ( 1.500%) from the rate of interest I have been paying for the preceding six months. My in_t IlIle will never be greater than 15.875% or less than 8.875%. (E) Effeetive Date of Clwlges My new interest IlIte will become effective on each Change Date. I will pay the amOllDt of my new montbly payment begimIiDg OIl the first montbly paymeot date after the Change Dale UDtiI the amount of my montbly payment changes again. (F) Nodce of ChllllC" The Note Holder will deliver or mail to me a notice of any clwJses in my interest rate lUlIl the amount of my monthly payment before the effective date of any chaDae. The notice will include infmmation required by law to be given to me lUlIl also the title lUlIl telephone number of a person who will answer any question I may have regardina the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Cov_tlB of the Secmity IDstnuncnt is amended to read as follows: TraJUfer of the Property or a Beneftdal Intereat In BorJ'lJ1fel'. If all or any part of the Property or any interest in it is sold or trausfened (or if a beneficial interest in Borrower is sold or trausfeIred lUlIl Borrower is not a natural pe1'SOIl) without Lender's prior written CODSenl, Lender may, at its option, teqUinl immediate payment in full of all sums llCCU!ed by this Security Instrument. However, this option sbaJI DOt be exercised by Lender if such exercise is prohibited by IlJlllJicable law. IfLcader exw- the option to teqUinl immediate payment in fIIJJ, Lender sbaJlllive Borrower notice of acceleration. The notice sbaJI provide a period of not less than 30 days from the date the notice is delivered or maiJed within which Bonower must pay all sums secured by this Security Instrument. If Bonower fai1s to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by tbis Scwrity Instrument without further notice or demand on Boaower. 111M. 10017110*111.'31 AlllllllOR2.UFF BAGSHAW Pa.. 2 on _..~I- Loan":~'8413 AHL _ Fannlall.. 313. (1/01) ..J 9'51 PG1,537 BIB 9 09 PG 2 2 ~ 5 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in !hi Adjustable Rate 'der. L / 5B//rJ DoIc Borrower Date Bono Re firmed this DoIc Bonower JIo'1,t'f , 2006 DoIc 6'-/6 -tJf. Date Borrower DoIc Borrower DoIc Borrower DoIc IIIN. ,00,7.,0.04,114131 ARIIRIDR3.UFF BAGSHAW PI. 3 013 Loon' 0504118<413 AHL _lied Fa_II.. 3131 (1/01) ICif.'S I PG4 53. OK 1909PG22lJ6 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF ~~./ On this, the IvUl day of , , 2006, before me, the undersigned o~, personal y appeared Tammy L. Bagshaw, known to me (or satisfactorily pro en) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purpose herein contained. SS. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~'/t,~ , otary Public "<?I': ~.,. ." ~ :~:.:,t:fr~~::lJ~~': '0 w - IH Of PENNSYLVANIA Notarial Seal . Mary M. Price. Notary PublIC Carllsl8l101O Cumberland County My Commisalon Expires Aug, 18. 2007 Member, Penn"-\llv~nll'l l\ssociat1on 01 Notaries :188042 I Certify this to be recordl In Cumber-hind County P P ~~,,",' .'* . RE'c ',-fofj'I,,", ..'5' PG4I5'9 ~ D> ~ " l1( \l .en. ........ V{ ....:t ~ ~ I> w ~ ~ -- -..0 b +- ,1- """ ,..., c: D c -, ~.., ( :- ~]~ .f,- ~ i1 - .. C-, <:;'\ . McCABE, WEISBERG AND CONWAY, P.C. . BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQillRE - ID # 17616 EDWARDD. CONWAY, ESQUIRE -ID#34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff HSBC Mortgage Services, Inc. Cumberland County Court of Common Pleas vs. Tammy 1. Bagshaw Number 06-3388 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above- captioned matter for failure to answer Complaint as required by Permsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 6/13/06 - 8/8/06 TOTAL $82,399.81 $ 785.90 $83,185.71 McCABE, WEISBERG AND CONWAY, P.C. BY:-7""~~ CO /J1/~ Attorneys for Plaintiff P' TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, this J J ~ay of f)"1 ,2006, Judgment is entered in favor of Plaintiff, HSBC Mortgage Services, Inc. and against Defendant(s) Tammy 1. Bagshaw and damages are assessed in the amount of$83,185.71, plus interest and costs. BY THE PROTHONOTARY: 4 . McCABE, WEISBERG AND CONWAY, P.C. . BY: TERRENCE J. McCABE, ESQUIRE - ill # 16496 MARC S. WEISBERG, ESQUIRE - ill # 17616 EDWARD D. CONWAY, ESQUIRE - ill # 34687 MARGARET GAlRO, ESQUIRE - ill # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (21S) 790-1010 Attorneys for Plaintiff HSBC Mortgage Services, Inc. Cumberland County Court of Common Pleas vs. Tammy L. Bagshaw Number 06-3388 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND: The undersigned, being duly sworn according to law, deposes and says that the Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant(s), Tammy L. Bagshaw, is over eighteen (18) years of age, and resides at 116 Wynnwood Drive, Carlisle, P A 17013. McCABE, WEISBERG AND CONWAY, P.C. BY:~~....... {] /h~~ Attorneys for Plaintiff ' TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAlRO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 8th DAY OF Aug. , 2006. NorM.;I!,I, C:i'1J---J GLORI!. D. . '. ,c. "., CityofPhilad2'p": '''':.:; '.1,'< . " ""cJ, ',-,Ci<r:.lI M Comml6sIon t:xpire'~ J"ur:0:? "7.:<:7 --._.--..:'~_::.::. ~ McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. McCABE, ESQUIRE - In # 16496 MARC S. WEISBERG, ESQUIRE - In # 17616 EDWARD D. CONWAY, ESQUIRE - In # 34687 MARGARET GAIRO, ESQUIRE - In # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff . HSBC Mortgage Services, Inc. Cumberland County Court of Common Pleas vs. Tammy L. Bagshaw Number 06-3388 CERTIFICATION I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the Complaint and is calculable as a sum certain from the Complaint. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". McCABE, WEISBERG AND CONWAY, P.C. BY: -;:-~ "-<- () I'Y7r ~ Attorneys for Plaintiff po' TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAlRO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 8th DAY OF Aug. , 2006. ~~\'G)O.~~ OTARY PUBLIC NOTARIAL SEAL - GLORIA O. M!TCHELL, Nocary Public City of Philadelphia, F'cil.. County My CommiSSion Expires June, 2, ZG'il7 . VERIFICATION The undersigned, TERRENCE J. McCABE, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 P A.C.S. Section 4909 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. BY: -r/~(',,-<.- 0 f11/~ -- I' . Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAlRO, ESQUIRE O~CEOFTHEPROTHONOTARY COURT OF COMMON PLEAS Cumberland Connty Courthonse, Carlisle, P A 17013 Curt Long Prothonotary July 27,2006 To: Tammy 1. Bagshaw 116 Wynnwood Drive Carlisle, P A 17013 HSBC Mortgage Services, Inc. Cumberland County Court of Common Pleas vs. Tammy 1. Bagshaw Number 06-3388-CIVIL TERM NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE You ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRmEN APPEARANCE PERSONAlLY OR BY AlTOR,NEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAiNST YOU, UNLESS YOU ACT WITHIN TEN, (1 0) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT h1AY BE ENTERED AGAINST YOU WITHOUT AHEARlNGANDYOUMA YLOSEYOURPROPBRTY OR OTHER IMPORTANT RIGHTS. You SHOUlD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFvou DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIREA LAWYER, THIS OFFICEMA Y BE ABLE TO PROVIDE YOU Willi INFORMATION ABOUT AGENCIESTHATMA VOWER LEGAL SERVlCES TO EUGIBLE PERSONS AT A REDUCED FEE OR NO FEE. USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA. VA SEA PERSONAlMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, El. TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA Al.GUNA, DlCfAR SENTENCIA EN SU CONTRA YUSTED PODRIAPERDER DIENES U OTROS DERECHOS IMPORT ANTES. USTED L.E DEBE TOMAR ESTE PAPEl. A SU ABOGAOO INMEDIATAMENTE. 81 USTED NO TIENE A UN ABOGAOO, VA A 0 TEL.EFONEA LA OFJCINA EXPUSO ABAJO. EsTA OFlCINA W PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. 81 USTED NO PUEDE PROPORCIONAR PARA EMPlEAR UN ABOGADO, ESTA OFlCINA PUEDE SER CAPAZ DE PROPORCIONARW CON INFORMACION ACERCADE LAS AGENCIAS QUEPUEDEN OFRECER LOS SERVlCIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORAR.IO REDUCIDO NI NINGUN HONORARlO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A, 17013 800-990-9108 -~" Terrence J. McCabe, Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania '19109 TJM/rda This is an attempt to collect a debt. Any information obtained will be used for that purpose. \-~ ~ ~ -c 1'=- . C> e ,..., ~ <= C> = ~ g, c:n ~ ~ -00) ~ ~ - q;H.["; -a - ~e (i") \\ ~ ~ ". - .:::.<"'~ - r-c", W <'" IV C) E ~,C) ~ ... ~ 5>0 p:, c '-P. ~ - ~ .r::- ;.c:: -- ".,~;. ~". . O~CEOFTHEPROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 . . Curtis R. Long Prothonotary To: Tammy 1. Bagshaw 116 Wynnwood Drive Carlisle, PA 17013 HSBC Mortgage Services, Inc. Cumberland County Court of Common Pleas vs. Tammy 1. Bagshaw Number 06-3388 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. (kh~k.~ Curtis R. Long 0 ~ Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call Terrence J. McCabe. ESQ!lire at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DMSION FILE NO.: 06-3388 Civil Term HSBC Mortgage Services, Inc. v. AMOUNT DUE: $83,185.71 INTEREST: from 8/9/06 - 12/6/06 $1.640.40 at $13.67 Per Diem ATTY'S COMM.: Tammy 1. Bagshaw COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but ifit does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 116 Wvnnwood Drive. Carlisle. PA 17013 - (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (ifreal estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: @ / ~/()r. f I Signature: -;- ~ c.... 9. /J1,r ~ Print Name: TERRENCE J. McCABE, ESQUIRE Address: 123 S. Broad Street. Suite 2080 Philadelohia. PA 19109 Attorney for: Plaintiff Telephone: (215) 7901010 Supreme Court ill No. 16496 f\J ~ r ~\ ~ ~~ ~ -;;; ~ ~. I! -r kf l ""-~ , . ~ & ~~ ~ w- Iv...c)'t\~~ ~ 0 'c" ~ ~ ~CO I c::J I I I D?=- - , ~ ~ -~ ~ ,~- 2 ~ ~ -;:. po ~~ -oi:o c::: , tpt.n, .., "'0 zs: = ~Q ~;:" ;&;..H <;;?c ". y(5 -,~(.'. :l!: iJ5fTl )-' ) ;;:::t ~~ 'P. ~ ~ -;:. ~ WRIT OF EXECUTION and/or A TT ACHMENT COMMONWEALTII OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-3388 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC MORTGAGE SERVICES, INC., Plaintiff (s) From TAMMYL.BAGSHAW (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 $83,185.71 L.L. $.50 Interest FROM 8/9/06 - 12/6/06 $1,640.40 AT $13.67 PER DIEM Atty's Corom % Due Prothy $1.00 Atty Paid $114.40 Other Costs Plaintiffpaid ~ Date: AUGUST 11, 2006 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPIDA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 215 790-1010 HSBC Mortgage Services, Inc. COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY v. Tammy 1. Bagshaw Number 06-3388-CIVIL TERM Defendant AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 116 Wynnwood Drive, Carlisle, PA 17013 (Tax Parcel #29-16- 1094-236), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owner or Reputed Owner: Name Address Tammy 1. Bagshaw 116 Wynnwood Drive Carlisle, P A 17013 2. Name and address of Defendant in the judgment: Name Address Tammy 1. Bagshaw 116 Wynnwood Drive Carlisle, P A 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Trebor Mobile Home Park Address 1000 North Front Street Suite 500 Wormleysburg, PA 17043 Name Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Mortgage Electronic Registration Systems, Inc. MERS as Nominee for Accredited Home Lenders, Inc., a California Corp. P.O. Box 2026 Flint, Ml48501 15090 Avenue of Science San Diego, CA 92128 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 116 Wynnwood Drive, Carlisle, PA 17013 . Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service P.O. Box 320 Carlisle, PA 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, P A 171 05 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, P A 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August 8, 2006 DATE ~~_,~ 0 /J1t"~-r. TERRENCE'J. McCABE, ESQUIRE Attorney for Plaintiff 8 ~ -oq~ mr., -7-r.1 ~r--,. ~~;,~. !;2C )>(- , ?';f:.":) >r':: z ~ ....., = = "'"' .... c: en ~ ~~ ~~ ':'2=-> . -- . - -n q~ ~ ~ ~ <P. .:;- McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 ; - MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff HSBC Mortgage Services, Inc. Cumberland County Court of Common Pleas vs. Tammy 1. Bagshaw Number 06-3388 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Tammy 1. Bagshaw 116 Wynnwood Drive Carlisle, P A 17013 Your house (real estate) at 116 Wynnwood Drive, Carlisle, PA 17013 (Tax Parcel #29- 16-1094-236), is scheduled to be sold at Sheriffs Sale on December 6, 2006 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of $83, 185.71 obtained by HSBC Mortgage Services, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to HSBC Mortgage Services, Inc., the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3 . You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) I - YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate 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 OFFlCE SET FORTH BELOW. TmS OFFlCE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO mRE A LAWYER. TmS OFFlCE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (') ~ So, -u rc o)~;:~ zC:" (,0,(:, -.( '-" r:r i "" - j;,-,! Z" .."0 )>c: ~ -- \. ,..., = ~ 3> c: G"'> ~ ~:!l hi ~~ 15:;Q zM 9 ~ ~ Vi' .r:- SHERIFF'S RETURN - REGULAR CASE NO: 2006-03388 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC MORTGAGE SERVICES INC VS BAGSHAW TAMMY L STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BAGSHAW TAMMY L the DEFENDANT , at 1200:00 HOURS, on the 6th day of July , 2006 at 116 WYNNWOOD DRIVE CARLISLE, PA 17013 by handing to STEVEN WERT, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Q~ Sworn and Subscibed to 18.00 4.40 .00 10.00 .00 32.40V 1-J'I.Ot, So Answers: ~~~ R. Thomas Kline 07/10/2006 MCCABE WEISBERG CONWAY before me this day By';:%M ?L-. Deputy Sheriff of A.D. ~cCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDW ARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff HSBC Mortgage Services, Inc. Cumberland County Court of Common Pleas vs. Tammy L. Bagshaw Number 06-3388 AFFIDAVIT OF SERVICE I, Terrence 1. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 10th day of October, 2006, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A", Copies of the letter and certificate of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." McCABE, BY: Attorneys for aintiff TERREN J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDW ARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE SWORN TO AND SUBSCRIBED BEFORE ME THIS 10TH DA Y OF OCTOBER, 2006. {<<]A Irtll dltl NOTARY PUBLIC ~4 COMMONWEALTH OF PENNSYLVANIA . NOTARIAL SEAL Chnss,andra Shaye Hamilton, Nota . .. ~lty of PhIladelphia Ph" C ry Public . . ,r::v_,. ' , a. ounty ~ ..:: January 4,2009 McCABE, WEISBERG AND CONWAY, P.c. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, P A 19109 215 790-1010 HSBC Mortgage Services, Inc. COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY v. Tammy L. Bagshaw Number 06-3388-CIVIL TERM Defendant AFFIDAVIT PURSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 116 Wynnwood Drive, Carlisle, P A 17013 (Tax Parcel #29-16- 1094-236), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owner or Reputed Owner: Name Address Tammy L. Bagshaw 116 Wynnwood Drive Carlisle,PA 17013 2. Name and address of Defendant in the judgment: Name Address E 116 Wynnwood Drive Ii Carliile, P1,1 Oi' h~h~t,., I ,. % 0' , ;, ;: li$ ~ iii t~ )! ~~ ',~\ ,\~ ~ .', ~. ~ .,' ;,.'-.-" ~, .,'': ill 1,,- 'J...." "." Tammy L. Bagshaw 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Trebor Mobile Home Park 1000 North Front Street Suite 500 Wormleysburg, PA 17043 PlaintitT herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. Mortgage Electronic Registration Systems, Inc. MERS as Nominee for Accredited Home Lenders, Inc., a California Corp. P.O. Box 2026 Flint, MI 48501 15090 Avenue of Science San Diego, CA 92128 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 116 Wynn wood Drive, Carlisle, PA 17013 11I1 ~ .~, " ~ ", !J ~1 ~ U^" I~ '2 ji"\ Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service P.O. Box 320 Carlisle, P A 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, P A 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, P A 17128 Willow Oak Building P.O. Box 8486 Harrisburg, P A 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, P A 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. October 10, 2006 DATE TE E 1. McCABE, ESQUIRE Attorney for Plaintiff It ~. !~ 'J Exh Ii h" :~., !~. " {'I r ~~, )'1 ;~ . ~~ ~:; r~ ' . ' ", . ,,~~~ ~ ~~ McCABE, WEISBERG AND CONWAY, P.C. 'BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ill # 17616 EDW ARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff HSBC Mortgage Services, Inc. Cumberland County Court of Common Pleas vs. Tammy L. Bagshaw Number 06-3388 DATE: October 10,2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Tammy L. Bagshaw PROPERTY: 116 Wynnwood Drive, Carlisle, PA 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 6, 2006, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished 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 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are tiled thereto within 10 days after the filing of the schedule. Exhi · t,. 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"\ ... ~ 0; ~ ~ l;ll ;: ~ S. ~ ~ ~ (") c s: .." cr~ n"': fT ~ '7-1''' ~{:- t./, :--_:-- -<~ r::: "'-. ~C C'- () >c Z ::2. ,...." = = c:r"'> <:) c-> --l ~ :I!:o rnFn ::gO ()6 ~'T; ""'.,1 <~O (') rn -\ ~ co -0 :.t: (..) (.,,) McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDW ARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 1'1liladdphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff IlSHC Mortgage Services, Inc. Cumberland County Court of Common Pleas Ys. Tammy L. Bagshaw Number 06-3388 SUPPLEMENTAL AFFIDAVIT OF SERVICE l, Terrence J. McCabe, Esquire, attorney for the Plaintiff in the within matter, hereby certify that on the 25th day of October, 2006, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in '.:.c\flidavit Pursuant to 3129 which is attached hereto as Exhibit "A". Copies of the letter and certificate of mailing are also attached hereto, made a part hl'rcof and marked as Exhibit "B." P.C. EISB~,.R RGG AND CONWAY, Vi~/ Attorneys Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDW ARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE <\ BY: SWORN 1'0 AND SUBSCRIBED BEFORE ME THIS 25TH DAY OF OCTOBER, 2006. ~ 0 . 'cM-Q ~,,~d__ ~_ _______.___~, , . -.,. ..,~." ,- . ',,'" . ---,~ -.'.. .. .--, N TAR Y PUBLIC' ,'," ! ("" i _. " I , ,..i'i" i '" ____.._:~:'!__I McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. MCCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, P A 19109 (215 790-1010 IISBC Mortgage Services, Inc. COURT OF COMMON PLEAS Plaintiff Cumberland COUNTY v. Tammy L. Bagshaw Number 06-3388-CIVIL TERM Dcfendant ~l'PPLEMENTALAFFlDA VIT PllRSUANT TO RULE 3129 I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 116 Wynnwood Drive, Carlisle, P A 17013, a copy ofthe description of said property is attached hereto and marked as Exhibit "A." I. Name and addrcss of Owner or Reputed Owner: Name Address Tammy L. Bagshaw 116 Wynnwood Drive Carlisle, P A 17013 2. Name and address of Defendant in the judgment: :\ame Address Tammy L. Bagshaw 116 Wynnwood Drive Carlisle, P A 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: \lame Trebor Mobile Home Park Valley View Estates in Scott Township Homeowners Association Valley View Estates Property Owners Association Address 1000 North Front Street Suite 500 Wormleysburg, PA 17043 10 Swallow Hill Rd. Carnegie, PA 15106 69 Brittany Dr. Albrightsville, P A 18210 4. Name and address of the last recorded holder of every mortgage of record: Name Plainti ff herein. Mortgage Electronic Registration Systems, Inc. \1ERS as Nominee for Accredited Home Lenders, Inc., a California Corp. Address P.O. Box 2026 Flint, MI 48501 15090 Avenue of Science San Diego, CA 92128 ) , Name and address of every other person who has any record lien on the property: Name None Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name !..:nants Domestic Relations Cumberland County Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Address 116 Wynnwood Drive, Carlisle, PA 17013 P.O. Box 320 Carlisle, P A 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, P A 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, P A 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa.C.S. Section 4904 r:ti;?W1SWOm falsification to authorities. Octobcr 25, 2006 L !j2~ . DA TE TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 M,\RC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff HSBC Mortgage Services, Inc. Cumberland County Court of Common Pleas vs. l'ammy 1.. Bagshaw Number 06-3388 J)/\ J'L; October 25.2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY U \V N El~(S): Tammy L. Bagshaw PROPERTY: 116 Wynnwood Drive, Carlisle, P A 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 6,2006, at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our recDrds indicate that you may hold a mortgage or judgments and liens on, and/or olh~r interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. /\ schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff n(,l 11lll'r than 30 days atter sale. Distribution will be made in accordance with the schedule unkss I.:xccptions an: tiled thereto within 10 days after the tiling of the schedule. /.~. y;:~ 'f: .' ?-'. /",/ (1 ~ t.. ~J' ~ '::f' --J (/l (f <> ~ )?r ~ ~ ..... ,->(/l(J<l 0 ::t >O~.t::,..., ';:\ 'O~'P.C{j 'd ill \.....J \, :', '$ %% b.' ~ -'~ If> ':;'- t-l --J ~n ..0 0' () .. ~ '). " a' ..., ,.., ..., -e 't -a: ~ ,....l,< ,....)?o~ () e)'{), -;. c: ~UlO';j,.L. \ ';j ~ ;3.,& < d6 ~ ~..c' ..... ~. '00' % ~ Hj~, ';j ';g 1:11 )?~, ~~ ~~ - ~jO op.- 0' ' .::~ ,t " <,,*' '-".~ ... ';: r ~, ~, o . ,> '-:0 r. o ..., S to, ::- ~ "\C~'{.; C\ ',;. or ,c ------- (') ~:~;~ "" c:;::"') .::::.:l C..'" C' C";. --l W Z-;... ='1;: CD en \..0 ~-~) :c~~~ :.0 -< HSBC Mortgage Services, Inc. VS Tammy L. Bagshaw In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3388 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on September 20,2006 at 1013 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: Tammy L. Bagshaw, by making known unto Tammy Bagshaw personally, at 116 Wynnwood Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Harold Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 09,2006 at 0846 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 Tammy L. Bagshaw located at 116 Wynnwood Drive, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Tammy L. Bagshaw, by regular mail to her last known address of 116 Wynnwood Drive, Carlisle, P A 17013. This letter was mailed under the date of October 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Terrence McCabe. Sheriffs Costs: Docketing Poundage Surcharge Advertising Levy Mileage Posting Handbills Certified Mail Law Library Prothonotary Law Journal Patriot News Share of Bills 30.00 1,300.00 20.00 15.00 15.00 8.80 15.00 2.35 .50 1.00 401.00 337.37 15.94 $2,161.96 I D~ SO~~~ R. Thomas Kline, Sheriff ~ $ 60 ~B I. 11' 8&6 / ~ C.t:jl'1519- ~f McCABE, WEISBERG AND CONWAY, P.C. .BY: TERRENCE J. McCABE, ESQUIRE - ill # 16496 MARC S. WltISBER.G, ESQUIRE - ill # 17616 Er-WARD D. CONWAY, ESQUIRE - ill # 34687 .., MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff HSBC Mortgage Services, Inc. Cumberland County Court of Common Pleas vs. Tammy L. Bagshaw Number 06-3388 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Tammy L. Bagshaw 116 Wynnwood Drive Carlisle, P A 17013 Your house (real estate) at 116 Wynnwood Drive, Carlisle, PA 17013 (Tax Parcel #29- 16-1094-236) , is scheduled to be sold at Sheriffs Sale on December 6, 2006 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment of$83,185.71 obtained by HSBC Mortgage Services, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to HSBC Mortgage Services, Inc., the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call Terrence J. McCabe, Esquire at (215) 790- 1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HA VE 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 Terrence J. McCabe, Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call Terrence J. McCabe, Esquire at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE COUNTY COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 LEGAL DESCRIPTION All that certain lot of ground with the improvement thereon erected, situate In North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Beginning at an iron pipe on the southern side of Wynn wood Drive, which iron pipe is 175 feet eastwardly from the southeastern corner of Wynnwood Drive and State Highway no. 34 and also at the northeastern corner of land now or formerly of Patrick Reams and wife, thence South 82 degrees 32 minutes East, 60 feet to an iron pipe at the line of Lot Not. 7 of the hereinafter mentioned Plan of Lots; thence along the latter lot, South 7 degrees 15 minutes West, 174.3 feet to an iron pipe at the line of land now or formerly of Ernest Clelan and wife; thence along the latter land, South 87 degrees 28 minutes West, 60.7 feet to an iron pipe on the line of land now or formerly of R.B. Taggart, Jr. and wife; thence North 7 degrees 15 minutes East, 185 feet to the Place of Beginning. Being improved with a one and one-half story frame bungalow and being Lot No.6 on the Plan of Lots known as "Valley View Acres" as recorded in the Office of the recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 114. Under and subject to and together with the rights, privileges, agreements, rights-of-way, easements, conditions, exceptions, restrictions and reservations as exist by virtue of prior recorded instruments, deeds or conveyances. PARCEL NO. 29-16-1094-236 BEING KNOWN AS 116 Wynnwood Drive, Carlisle, PA 17013 Being the same premises which Vyletta M. Mellott, Trustee of the Vyletta Mellotta Revocable Living Trust, dated 12/3/2003 by Kerry D. Mellott, her agent, by deed dated the 5/31/2005, and recorded 6/2/2005 in the Office of the Recorder in and for Cumberland County in Deed Book 269, Page 888, granted and conveyed to Tammy L. Bagshaw, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3388 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC MORTGAGE SERVICES, INC., Plaintiff (s) From TAMMY L. BAGSHAW (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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $83,185.71 1.1. $.50 Interest FROM 8/9/06 - 12/6/06 $1,640.40 AT $13.67 PER DIEM Atty's Comm % Due Prothy $1.00 Other Costs Atty Paid $114.40 Plaintiff Paid Date: AUGUST 11,2006 (J;4i,~i2 - CURT~~7 (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 iJ:;)/I~l.')~/;' "-i) /!.~ C:;' (fI, "r-..J I.': -':...;- !t /t ...-:J Real Estate Sale # 33 On September 7, 2006 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, P A Known and numbered as 116 Wynnwood Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 7, 2006 By: \j6~ ~-t~ Real Estate Sergeant 80 :[ d 9 I 8m qaOI I. s; ~':. <:/1. L ,..i .:;JJuJ :3':.., I. .' Ie'" ~ J ,..,) _.j ,._~ ~) :') ~j J ! -,' is' ". c-:{I I,ti ,::"J IV/ Ii '"-'I.; . . 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 ofthe 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 #33 -10 Ie ~;:t1r.hn I\T .-n........_ L_ l.r.mr :reD :l';lJ9 IIJOf 8m ~ ~ 1!lJ1 qm ALL TIIAT CERfAIN:EO of ground with the ~ unprovement thereon situate in North 7 Middleton Township, and County," Pennsylvania, bounded and described as follows: Beginning at an iron pipe on the southern side of Wynnwood Drive, which iron pipe is 175 feet eastwardly from the southeastern comer of Wynnwood Drive and State Highway No. 34 and also at the northeastern comer of land now or formerly of Patrick Reams and wife, thence South 82 degrees 32 minutes East, 60 feet to an iron pipe at the line of Lot No. 7 of the hereinafter mentioned Plan of Lots; thence along the latter lot, South 7 degrees 15 minutes West, 174.3 feet to an iron pipe at the line of land now I otJol1lle!iy of Ernest C~lanand wife; thence ( REAL ESTATE SALE 133 Writ No. 2006-3388 Civil Term HSBC Mortgage Services, lne. VB. Tammy L Bagshaw Ally: Terrence J. McCabe DESCRIPTION CUMBERLAND COUNTY SHERlFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly .issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: October 20, October 27 and November 3, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO, 33 Writ No. 2006-3388 Civil HSBC Mortgage Services, Inc. vs. Tammy L. Bagshaw Atty.: Terrence J. McCabe LEGAL DESCRIPTION All that certain lot of ground with the improvement thereon erected, situate in North Middleton Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: Beginning at an iron pipe on the southern side of Wynnwood Drive, which iron pipe is 175 feet east- ~.~ - ... . '-- . SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 NOT AR L SEAL LOIS E. SNYDER, Notary Public Carlisle Bora, Cumberland County My Commission Expires March 5, 2009