HomeMy WebLinkAbout06-5576McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARL 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
HSBC Mortgage Services, Inc.
5701 East Hillsborough Avenue
Tampa, FL 33610
v.
Randall S. May, Administrator of the
Estate of Richard L. May, Deceased
Mortgagor and Real Owner
2121 Church Road
Hummelstown, PA 17025
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number Q~, -, SS7~
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 bti 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.
AVI50
Le han demandado a usted en la torte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dial de plazo al partir de la
fecha de la demands y la notificacion. Hate falta asentar una
comparencia escrita o en persona o con un abogado y entregar
a la torte en forma escrita sus defensas o sus objeciones a las
demandas en contra de su persona. Sea avisado que si usted
no se defiende, la torte tomara medidas y puede continuar la
demands en contra suya sin previo aviso o notificacion.
Ademas, la torte puede decidir a favor del demandante y
requiere que usted cumpla con todas las provisiones de esta
demands. Usted puede perder dinero o sus propiedades u
otros derechos importantes pars usted.
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.
{F YOU CANNOT AFFORD TO HIRE A LAWYER,
THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH
[NFORMA7'ION ABOUT AGENCIES THAT MAY OFFER
LEGAL SF,RVICES TO ELIGIBLE PERSONS AT A
REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
USTED LE DEBE TOMAR ESTE PAPEL A SU
ABOGADO INMEDIATAMENTE. SI USTED NO TIENE
A UN ABOGADO, VA A O TELEFONEA LA OFICINA
EXPUSO ABAJO. ESTA OFICINA LO PUEDE
PROPORCIONAR CON INFORMATION ACERCA DE
EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR PARR
EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER
CAPAZ DE PROPORCIONARLO CON INFORMATION
ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER
LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES
EN UN HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
e
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARL 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
X215) 790-1010
HSBC Mortgage Services, Inc.
5701 East Hillsborough Avenue
Tampa, FL 33610
v.
Randall S. May, Administrator of the Estate of
Richard L. May, Deceased Mortgagor and Real
Owner
2121 Church Road
Hummelstown, PA 17025
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number O G - ~ ~ ~ « ~~`'`"
CIVIL ACTION/MORTGAGE FORECLOSURE
1. Plaintiff is HSBC Mortgage Services, Inc., a corporation duly organized and doing
business at the above captioned address.
2. The Defendant is Randall S. May, Administrator of the Estate of Richard L. May,
Deceased Mortgagor and Real Owner and his last-known address is 2121 Church Road,
Hummelstown, PA 17025.
3. On 12/14/2004, Richard May made, executed and delivered a mortgage upon the
premises hereinafter described to Ameriquest Mortgage Company which mortgage is recorded in the
Office of the Recorder of Cumberland County in Mortgage Book 1892, Page 4999.
4. The aforesaid mortgage was thereafter assigned by Ameriquest Mortgage Company
to HSBC Mortgage Services, Inc., Plaintiff herein, by Assignment of Mortgage which will be duly
recorded in the Office of the Recorder of Cumberland County.
5. Title to said premises is held in the name of Richard L. May. On 2/26/06, Richard
L. May departed this life. On 8!4!2006, Letters of Administration were granted upon Randall S. May
as a result of the demise of Richard L. May.
6. The premises subject to said mortgage is described in the mortgage attached as
Exhibit "A" and is known as 532 2nd Street, Enola, PA 17025.
7. The mortgage is in default because monthly payments of principal and interest upon
said mortgage due 03!01 /2006 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.
8. The following amounts are due on the mortgage:
Principal Balance $ 88,183.88
Interest through 06/09/2006 $ 2,188.37
(Plus $ 16.89 per diem thereafter)
Attorney's Fee $ 4,409.19
Late Charges $ 207.55
Cost of Suit $ 225.00
Appraisal Fee $ 125.00
Title Search $ 200.00
GRAND TOTAL $ 95,538.99
9. 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.
10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and
notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code
Chapter 13, 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.
11. Plaintiff does not hold defendant personally liable on this cause of action and releases
them from any personal liablility. This action is being brought to foreclose his interest in the
aforesaid real estate only.
WHEREFORE, Plaintiff demands an in rem Judgment in Mortgage Foreclosure against the
Defendant in the sum of $95,538.99, together with interest at the rate of $16.89 per diem and other
costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged
property.
McCABE, WEISBERG AND CONWAY, P.C.
BY:
Attorneys for P ntiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET CAIRO, ESQUIRE
VERIFICATION
J
The undersigned, ~~ ~ ~-~_.1. ~ [1 ,Esquire, hereby certifies that he(she
is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this
verification and that the foregoing facts are true and correct to the best of his/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.
McCABE, WEISBERG AND CONWAY, P.C.
BY: ~~ ~ z2~t.,~r~'
Attorneys r Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
SCOTT T. TAGGART, ESQUIRE
ANGELA M. MICHAEL, ESQUIRE
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PreparedBy:Ameriquest Mortgage Company
Michelle Martin
10600 White Rock Road, Suite
200-27,Rancho Cordova, CA 95670
Return To:
Ameriqueat Mortgage Company
P.O. Box 11507,
Santa Ana, CA 92711
Parse! Number:
45-16-104-90-22
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MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and ocher words are defined in Sections
3, I I, t3, I8, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated December 14 , 2004 ,
together with all Riders to this document.
(B)"Borrower"is Richard May, Single
Borrower is the mortgagor under this Security instrument.
(C)"Lender"is Ameriqueat Mortgage Company
PENNSYLVANIA - Singla Family - Fannie MaelFrtfddle Mac UNIFORM INSTRUMENT Form 3099 7107
12!13/2004 6:15:22 0103300406-7427
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VMP AbAglfs Sdufon~. Inc. IE001527~72Y1
i~l~ll~llhl
Exhib+t A
BK 1892FGG999
Lenderisa Corporation
organized and existing under the laws of D®laware
Lender's address is 1100 Town and Cotmtry Road, Suite 200 Orange, CA 92868
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated December 14 , 2004
The Note states that Borrower owes Lender eighty-nine thousand two hundred fifty and
00/100 Dollars
(U S. $ 89,250.00 )plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and ro pay the debt in full not later than January 1, 2035
(E} "Property" means the property that is described below under the heading "Transfer of ]tights in the
Property "
(F) "Loan" means the debt evidenced by the No[e, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this 5ccurity Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
^ Adjustable Rate Rider [~ Condominium Rider ^ Second Home Rider
^ Balloon Rider ~ Planned Unit Development Rider ~ I-4 Family Rider
^ VA Rider ~ Biweekly Payment Rider ^ Other(s) [specify)
(H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rttles and orders (that have the effect of law) as well as atl applicable final,
non-appealable judicial opinions.
(1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that arc imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(J} "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instmment,
computer, or magnetre tope so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(Kj "Escrow Items" means chose items that are described in Section 3.
(L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Seaton 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of a!I or any pan of the
Property; (iti) conveyance in lieu of condemnatton; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
InKbb:~
AMBPA Ia07) Papa Z d 18 Form 3039 1101
0103300406-7427
12/13/2004 6:15:22 f f II~~~~~~I
OOOlMt03300408D301501702
BK189~FG580a
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment' means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Inswment, "RESPA" refers to all requirements and restrictions that ate im~osed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally re ated mortgage loan"
under RESPA.
(P) 'Successor in Interest of Borrower" means any party that has taken tit]e to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF R1GHT5 IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described properly located in the Cotanty [Type or Recording lurisdictivn)
of CUMBERLAND [Ntme of Recording lurisdictionl~
Legal Description Attached Hereto and Made a Part Hereof.
which currently has the address of 532 2nd STREET
ENOLA
("Property Address"):
AM6PA taor>
12/13/2004 6:15:22
[Stray
ICity), Pennsylvania 17025 [zip Code)
'~
Payn sot t6 Form 3038 7101
0103300406.7427
'~ ODDa01033D04a9a30150170~ II I
~~ 1892PG5001
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. Alt of the foregoing is referred to in this Security Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and w+il defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds Cor Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Londer may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c} certified check, bank check, treasurer's check or cashier's check,
Qrovided anx such check is drawn upon an institution whose deposits are insured by a federal agency,
rnsuumentaluy, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 13.
Lender may retum any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest
on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds
or return them to Borrower. if not applied earlier, such funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure, No offset or claim which Borrower might have
now or in the future against Lender shall relieve Borrower from making payments due under the Note and
this Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except, as otherwise described in this Section 2, all
payments accepted and applied by Lender shat! be a plied to the following order of priority: (a) interest due
under the Note; (b) Prneipal due under the Note; (c~ amounts due under Section 3. Such payments shall be
applied to each Penodic Payment in the order in which it became due. Any remaining amounts shall be
applied first to late charges, second to any other amounts due under this Security Instrument, and then to
reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to Pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. [f more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
i~~:~
AM6PA toewl Pam 1 M 18 Form 3099 1107
0103300406-7421
12/13/2004 6:15:22 "~~~~~)
00000103300406030r 1704
BK t 892PG5002
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Mote is paid in full, a sum {the "Funds") to provide for payment of amounts due for: (a)
taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at
any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow
Item, Borrower shall promptly fumish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay
the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for
any or all Escrow Items at any time. Any such waiver may only be in venting. In the event of such waiver,
Borrower shall pay directly, when and where payable, the amounts due for tiny Escrow Items for which
payment of Funds has been waived by Lender and, if Lender requires, shall fumish to Lender receipts
evtdencing such payment within such trme period as Lender may require. Borrower's obligation to make
such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement
contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If
Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the
amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and
Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke
the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section IS and,
upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits arc insured by a federal agency,
instrumentality, or entity {including Lender, if Lender is an instttution whose deposits are so insured) or to
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under ]tESAA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any
interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that Interest shall be
IMaaU:
AM6PA loan vane s v~ w Form 3038 1101
O1D3360406 - 7427 P~,' ~,~~
12/13/2004 6:15:22 '~C~f~~ ~,~~11i7~~1
00000103300A060301501705
BKIggzPG5003
paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as
required by RESPA.
If there is a surplus of Funds held in escrow, as defined under ItESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by ItESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined trader RESPA, Lender shall
notify Borrower as required by ItESPA, and Borrower shall pay to Lender the amount necessazy to make up
the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over This Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow items, Borrower shad pay them in the manner provided in Section J.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b} contests the lien in good faith by,
or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
the enforcement of [he lien while those proceedings are pending, but only until such proceedings are
concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the
lien to this Security Instrument. if Lender determines that any part of the Properly is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender may require Borrower to pay cone-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazazds included within the term "extended coverage," and any other
bezards including, but not limited to, earthquakes and floods, for which Lender requires insurance, This
insurance shall be maintained in the amounts (including deductible levels) 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 shall be chosen by Borrower subject to Lenders right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require
Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and track;ng services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
AM6PA twart voq. s a tfi Form 3039 7f01
0103300406-7427
12/13/2004 6:15:22 '~~1~~~I
000007033004060301501706
BK 1892PG5004
[f Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrowers expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity rn the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was prevtously in effect, Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shat{ name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. ]f Lender requires, Borrower shall promptly give to Lender all receipts of paid ppremiums and
renewal notices. if Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name Lender trs mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or carvings on such proceeds. Fees for public ad'usters, or other third parties, retained by Borrower
shall not be paid out of the insurance proceeds and shall ~ the sole obligation of Borrower. Tf the restoration
or repair is not economically feasible or Lender`s security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
!f Borrower abandons the Property, Lender maY file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds to an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower} under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under tht
Note or this Security instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
AM6PA lwar> Pape 7 of 18 Form 3039 1/01
0103300406-7427
12/13/2004 fi:15:22 I~I~~iP~,~%t ;~~~1
000001033004060301501701
BK 1892PG5005
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Proparty, allow the Property to deteriorate or commit waste on the Propcity.
Whether or not Borrower rs residing rn the Property, Borrower shall maintain the Property in order to
prevent the Property from deteriorating or decreasing In value due to its condition. Unless it rs determined
pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair
the Property if damaged to avoid further deterioration or damage. If insurance Or condemnation proceeds arc
paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing
or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments es the work is
completed. !f the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. -f it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default tf, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Material representations include, but
arc not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence,
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained to thrs Security Instrument, (b) there
is a Icgal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Tnstrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Propcny, then Lender may do and pay for whatever is
reasonable or ap ropriatc to protect Lender's interest to the Property and rights under this Security
instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the
Prupeny. Lender's acuons can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) payrn~ reasonable attorneys' fees to
Protect its interest in the Property and/or rights under this Security Instrument, rncluding its secured position
rn a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Pro~arty to
make repairs, change locks, replace or board up doors end windows, drain water from prpes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off. Although
Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Mote rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall coin~ly with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
wnw:~
AM6PAtwor) v.oeeaie Form 3039 1/01
O1D33004D6-7427 ~~ ffN
12/13/2004 6:15:22 ~IIPNPN~~~Y,II~I
0000010330040aD301501T0a
BK ! 892PG5006
{0. Mortgagr Insurance, If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortggage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain covcrege
substantially equivalent to the Mortgage [nsurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Morgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a
non-refundable loss reserve in lieu of Mortgage !nsurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay
Borrower any interest or earnings on such loss reserve. Lender can no Longer require loss reserve payments rf
Mortgage Insurance coverage {tn the amount and for the period that Lender requires) provided by an insurer
selected by Lender again becomes available, is obtained, and Loader requires separately designated
payments toward the premiums for Mortgage Insurance. If Lender required Mortgagge Insurance as a
condition of making the Loan and Borrower was required to make separately designated payments toward
the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maentain Mortgage
Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage
Insurance ends in accordance with any written agreement between Borrower and Lender providing for such
termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's
obligation to pay interest at the rate provided sn the Notc.
Mortgage Insurance reimburses Lender (or any entity that purchases the Noie) £or certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a pa to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parries that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other parry (or panics) to
these agreements. These agreements may require the mortgage ensurer to make payments using any source
of funds that the mortgage ensurer may have available (which may rnclude funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange
for sharingg or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage insurance, or any other terms of the Lvan. Such agreements will not increase the amount
Borrower gill owe for Mortgage )nsurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any -with respact to the
Mortgage Insurunce under the Homeowners Protection Act of 1448 or any other law. These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage !nsurance terminated vutomatically, and/vr to receive a refund of
any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
i^n'ak:sr~r i
AMBPA foapri Papa B or 18 Form 9019 1!01
0103300406-7427
12/13/2004 fi:15:22 f,N,~+~~~r~~~1
B~ 1892PG5007
I1. Asssgnment of Aiscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds ere hereby
assigned to and shall be paid to Lender.
If the Propeny is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
ProParty, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds untrl
Lender has had an opponumty to inspect such Propeny to ensure the work has been completed to Lender's
satisfaction, provided that such Inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requves interest to be paid on such Miscellaneous
Proceeds, Lender shall not be required to pay Borrower any interest or earntngs on such Miscellaneous
Proceeds. If the restoration or rcpalr is not economically feasible or Lender's secunty would be lessened, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not
then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the
order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instnument, whether or not then due, with the excess, if
any, paid to Borrower.
in the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Propeny irnmedratcly before the partial talong, destruction, or loss m value is equal to or greater
than the amount of the sums secured by thts Security Instrument immediately before the panral taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in wrrpng, the sums secured by
this Security Instrument shall be reduced by the amount of [he Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the partial taking,
destrvetion, or loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destlvetron, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss In value is less than the
amount of the sums secured immediately before the panral taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Propeny is abandoned by Borrower, or if, aRer notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails
to respond [o Lender within 30 days after the date the notice is given, Lender is authonzed to collect and
apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by
this Security Instrument, whether or not then due. "Opposing Party" means the third pang that owes
Borrower Mtscellaneous Proceeds or the party against whom Borrower has a right of action In regard to
Miscellaneous Proceeds.
Borrower shall bt in default if any action or proceeding, whether civil or criminal, is begtin that, in
Lender's judgment, could result in forfeiture of the Propeny or other material impairment of Lender's interest
in the Propeny or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Secpon 19, by cousing the action or proceeding to be dismissed with a
ruling that, In Lender's judgment, precludes forfeiture of the Property or other material impairment of
Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim
for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned
and shall be paid to Lender.
:~
AM6PA (avert P.ps io a is Form 3039 1101
0103300406-7427 (~ pI
12/13/2004 6:15:22 '~~1' alt~ul
0000010330tW06030150t710
BK 1892PG5008
All Miscellaneous Proceeds that arc not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument &ranted by Lender
to Borrower or any Successor in ]merest of Borrower shall not operate to release the liabiltty of $orrower or
any Successors in Interest of Borrower. Lender shad not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy
inctudtng, without (imitation, Lender's acceptance of payments from third persons, entities yr Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of arty right or remedy.
13• Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgagge, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured >Py this Security
[nstrumenr, and (c) agrees that Lander and any other Bonower can agree to extend, modify, forbear or make
any accommodations with regard to the teens of this Security Instrument or the Note without the co-signers
consent.
Subject to the provisions of Section l8, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Secunty Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attomeYs' fees, property inspection and valuation fees. [n
regard to any other fees, the absence of express authority in this Secunty Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: ~(a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted ]imrt; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will
be treated as a partial prepayment without any prepayment charge (whether or not a prepayment oharge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to
Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. Alt notices given by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borrower to connection with this Security Instrument shalV be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
i„ iar.:~
AMBPA tamr voge r r a is Form 3039 1101
0103300406 - 7427 ~ 'I
12/13!2004 6:15:22 '~~~y;^I~I
000001033004080301501711
BK1892PG5009
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Bortower shal3 promptly notify
Lcndcr of Borrower's change of address. If Lender specifies a procedure for reporiing Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender
shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless
Lender has designated another nddress by notice to Borrower. Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by Lender. !f any notice
re~uired by this Security Instrument is also required under Applicable Law, the Applicable Law requirement
wt I satisfy the corresponding requirement under this Security Instrument.
1 ti. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. Atl tights and obligations
contained rn this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract Or i[ might be silent, but
such silence shall not be construed as a prohibition against agreement by contract. In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the
conllicling provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note end of this Security instrument.
Ig. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Properly, including, but not limited to,
those beneficial interests transferred in a bond for detd, contract for decd, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Bortower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or transferred) without Lenders prior
written consent, Lender may require irttmediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Linder if such exercise is prohibited by
Applicable Law.
[f Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section IS
within which Bortower must pa all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lcndcr may invoke any remedies permitted by This Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. if Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument, (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions
arc that Borrower: (a) Pays Lender all sums which then would be due under this Security Instrument and the
Note as if no acceleration had occurted; (b) cures any default of any other covenants or agreements; (c) pays
all expenses incurred in enforcing this Security Instrument, including, but not limned to, reasonable
INIWa:~~
AMBPA tao~i Faye t2d ie Form 3038 1101
0103300406.7427
12/13/2004 6:15:22 III~~~~~41~~YI''I~I
000007033009060301501712
B~ 1892P650 I 0
attorneys' fees, property inspection and valuation fees, and other Cees incurred for the purpose of protecting
Lender's interest m the Property and rights under this Security Instrument; and (d) takes such action as
Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security
Instrument, and Borrower's obligation to pay the sums secured by this Securit Instrument, shall continue
unchanged. Lender may require that Borrower pay such reinstatement sums andyexpenses in one or more of
the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are
insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement
by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no
acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under
Section 18.
20, Sale of (Vote; Change of Loan Servicer; Notice of Grievance, The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic
Payments due under the Note and this Security Instrument and pperforms other mortgagge loan servicing
obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more
changes of the Loan Servicer unrelated to a sale of the Note. IC there is a change of the Loan Servicer,
Borrower will be given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be made and an other information RESPA requires in
connection with a notice of transfer of servicing. If the Note is soldyand thereaRer the Loan is serviced by a
Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and arc not assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party {with such
notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such nonce to take corrective action. If App-icable
Law provides a time period which must elapse before certain action can be taken, that time period will be
deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to
Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this
Section 20.
11. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release oC any Hazardous
Substances, or threaten to release any Hazardous Substances, on or to the Property. Borrower shall nat do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
AMBPA l~rl r.o. ra a ra Form 3039 1101
01o33ooao6-~a2~
12!13/2004 6:15:22 '~I~~f~l~~'I~I
000001033004080301501713
BK 1892PG50 I 1
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantifies of Hazardous
Substances that are Severally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Properly and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower teams, or is notified by
any govemmental or regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: {a) the detaulh (b) the action required tv cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result In
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further Inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense
of Borrower to acceleration end foreclosure. tf the default is not cured as specitied, Lender at Its
option may require Immediate payment in full of all sums secured by this Security Instrument without
further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be
entitled !o collect all expenses incurred in pursuing the remedies provided in this Section 21, including,
but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. Alter such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shell pay any recordation costs. Lender may charge Borrower a
Fee for releasing this Security Instrument, but only tf the fee is paid to a third party for services rendered and
the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, Icvy and sale,
and homestead exemption.
25. Reinstatement Period. Borrowers time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured byy this Security Inswment is tent to
Borrower to acquire title to the Properly, this Securuy Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the intcres[ rate ayable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable From time to Irma under
the Note.
i~:~FW
AM6PA laorl v.oe u a is Form 3039 1101
0103300406.7427
12/13;2004 6:15:22 II~IdY~FGb''R~'lI
oooootossooaosoooisoina
BK 1892PG50 12
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded wish it.
Witnesses:
___'~ /l.r~^ ic.~ (Seal)
RZCAARD MAY -8orrowp
AM6PA ~ao77
12/13/2004 6:15:22
Pao. 7s a 7e
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
•BoROWtr
_ (Seal)
-BOROWCf
Form 3039 1101
0103300406-7427
'~ O7hf~PtL7~ III
000001033004090301507715
BK1892PG5O13
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
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COMMONWEALTH OF PENNSYLVANIA C~ ~ (7ea~ County ss: ~
On this, the ~~/ ~ day of ~',~Zo~1! before me,
Day ^t
the undersigned officer, personally appeared
known to me (or satisfactorily proven) to be the person whose name"( is/~ subscribed to the
within instrument and acknowledged that he/she/they ex uted the same for the purposes herein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires: ) ~~ 6~2G D ~
NOTARIAL SFAL YI"°`~--'~"' ~'~"-"
JEAN BURSON, NOTARY PUBLIC V
CITY OF ENOIA, CUMBERLAND COUNTY
MY COMMISSION EXPIRES JAN. 16, 2007 ~_p~, _
Title of O tcer
Certificate of Residence
I, ~',Ck- _ ~p~ ~!j~n _ _ , do hereby certify that the correct
address of the within-named Mortgagee is ~ dt0~ ~h.(~,,
cck ,-- --
Witness my hand this 1~.-y~'~1 __ day of ~(~m~„r 1 a(~U
Day MonthlYear
Agent of Mortgagee
~ul ~~If Y~~~{GtSATi ~II ~IE
*0103300406*
0000o1o~3ao4o6o001 soi7~ e
X66-16PA stage) Peas 16 d t6 0103300406 - 7427
12/13!2004 0:15:22 PM
BK 1892PG50 14
1-4 FAMILY RIDER
(Assignment of Rents)
THIS 1-4 FAMILY RIAER is made this 14th day of December, 2004 ,
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or
Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to
secure Borrower's Note to Ameriquest Mortgage Company
(the
"Lender") of the same date and covering the Propeny described in the Security Instrument and located at:
532 2nd STREET, ENOLA, PA 1)025
IPropctty Addrasl
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the SeCUri[y
]nnstvment, Borrower and Lender further covenant and agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY [NSTRUMEN'f. In addition to
the Property described in the Security Instrument, the following items now or hereafter attached to the
Propeny [o the ex[en[ they are fixtures are added to the Property description, and shall also constim[e the
Property covered by the Security Instrumen[: building materials, appliances and goods of every nature
whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the
Propeny, including, but not limited to, those for the purposes of supplying or distributing heating,
cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and
access control appara[us, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves,
refrigera[ors, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens,
blinds, shades, cur[ains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings,
all of which, including replacements and additions thereto, shall be deemed to be and remain a pan of the
Propeny covered by the Security Instrument. All of the foregoing together with the Propeny described in
the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to
in [his I-4 Family Rider and the Security Insttvment as the "Propeny."
0103300406
MULTISTATE 1- 4 FAMILY RIDER -Fannie MaelFreddie Mec UNIFORM INSTRUMENT Initiala:~~
Pege 1 of 4 Form 3170 1101
®57R 10008! VMP MORTGAGE FORMS - 18001521.7291 12/13/2004 6:15:22 PN
Ii~~t~~C~~~€~~I
OOOOOt0330090603022r040t
SK1892PG5016
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make
a change in [he use of the Property or its zoning classification, unless Lender has agreed in writing to the
change. Borrower shall comply with all laws, ordinances, regulations and requirements of any
governmental body applicable to the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien
inferior to the Security Instrument to be perfected against the Propetty wi[hou[ Lender's prior written
permission.
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to
the other hazards for which insurance is required by Section 5.
E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted.
F. BORROWER'S OCCUPANCY. UNess Lender and Borrower o[herwise agree in writing,
Section 6 concerning Borrower's occupancy of the Propetty is deleted.
G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to
Lender all leases of the Property and all security deposits made in connection with leases of the Property.
Upon [he assignment, Lender shall have [he right ro modify, extend or terminate the exis[ing leases and to
execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean
"sublease" if [he Security Instrument is on a leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION.
Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues
("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower
au[horizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall
pay the Rents [o Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender
haz given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has
given notice to the tenants} that the Rents are to be paid to Lender or Lender's agent. This assignment of
Rents constitutes an absolute assignment and not an assignmen[ for additional security only.
If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by
Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security
Instrument; (iiy Lender shall be entitled to collect and receive all of the Ren[s of the Property; (iii)
12/13/2004 6:15:22 PM
0103300406
tnitials:~~
-67R 10008) Pape 2 01 4 Form 3t 70 t/O1
0000010330040603022tp402
8K 1892PG50 l 7
Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to [.ender or Lender's
agents upon Lender's written demand to the tenant; (iv) unless applicable law provides otherwise, ali Rents
collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing
the Propeny and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees,
premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and
other charges on the Properly, and then to the sums secured by the Security Instrument; (v) Lender,
Lender's agents or any judicially appointed receiver shall be liable [o account for only those Rents actually
received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage
the Property and collect the Rents and profits derived from the Property without any showing as to the
inadequacy of the Propeny as security.
If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the
Propeny and of collecting the Rents any funds expended by Lender for such purposes shall become
indebtedness of Borrower to Lender secured by the Security lns[rumen[ pursuant to Section 9.
Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents
and has not performed, and will not perform, any act that would prevent Lender from exercising its rights
under this paragraph.
Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon,
take control of or maintain the Propetty before or after giving notice of default [o Borrower. However,
Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs.
Any application of Rents shall no[ cure or waive any default or invalidate any other right or remedy of
Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security
instrument are paid in full.
1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in
which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of
the remedies permitted by the Security Instrument.
12/13/2004 6:15:22 PM
0103300406
Initials:
57R !0008) Paga 3 of 4 For 3170 1101
1~ ~~~~~~~f~~~ll III
000001033004060302216403
8K ! 892PG50 18
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BY SIGNING BELOW, Borrower accepts and agrees [o [he [erms and provisions con[ained in [his
1.4 Family Rider.
~«c-~`=~J ~'" "t (Seal) (Seal)
RICHARD MAY -Borrower -Borrower
-Borrower
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-Borrower
~(Seaq
-Borrower
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•Horrowtr
-(Seal) (Seal)
'BOf(OWer -Borrower
0103300406
-57R 100081 Pago 4 0[ a Form 3170 1101
m
12/13/2004 6:15:22 AM
~~ ~~YIYi G~M~~rhT r~l III
000001033004080302210404
BK ! 892PG50 19
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ORDER #: 4396127
EXHIBIT A
ALL THAT PARCEL OF LAND IN TOWNSHIP OF EAST PENNSBORO, CUMBERLAND COUNTY,
COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 256,
PAGE 4130, IDN 45-16-1049-022, BEING KNOWN AND DESIGNATED AS LOT lt, HENRY R. MAY'S
SECOND ADDITION TO THE TOWN OF WEST FAIRVIEW, NOW BOROUGH OF WEST
FAIRVIEW, METES AND BOUNDS PROPERTY.
NOTE: AS STATED ON DEED, PROPERTY 51TUATE ON 2ND STREET, IN HENRY R. MAY'S
SECOND ADDITION TO THE TOWN OF WEST FAIRVIEW, NOW THE TOWNSHIP OF EAST
PENNSBORO.
BEINC CLAUSE ON DEED STATES: BEING LOT NO. IZ IN HENRY R MAY'S SECOND ADDITION
TO THE TOWN OF WEST FAIRVIEW, NOW 80ROUCH OF WEST FAIRVIEW.
DEED FROM RONALD K. MUMPER, JR., SINGLE AS SET FORTH 1N DEED BOOK 256, PACE 4130 DATED
0485/2003 AND RECORDED 05/018003, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF
PENNSYLVANIA.
~ Certify this to be reco PA
n Cumberland County
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Recorder of Deeds
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. OFFICE OF THE PROTHONOTARY / 1
COURT OF COMMON PLEAS V
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis R. Long
Prothonotary
To: Randall S. May, Administrator of the Estate of
Richard L. May, Deceased Mortgagor and Real Owner
2121 Church Road
Hummelstown, PA 17036-0000
i
j HSBC Mortgage Services, Inc. Cumberland County
Court of Common Pleas
vs.
Randall S. May, Administrator of the Estate Number 06-5576
of Richard L. May, Deceased Mortgagor and
Real Owner
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the
above proceeding as indicated below.
Curtis R. Long
Prothonotary
Judgment by Default
_ Money Judgment
Judgment in Replevin
_ Judgment for Possession
If you have any questions concerning this Judgment, please call
McCabe. Weisberg and Conway. P.C. at (215) 790-1010
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARL 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.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Number 06-5576
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 Pennsylvania Rules of Civil
Procedure and assess damages as follows:
Principal $95,538.99
Interest from 6J10/2006 - 11/2012006 $ 2.769.96
TOTAL $98,308.95
McCABE, WEISBERG,~D CO WAY, P.C.
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
AND NOW, this ~~' day of No ~' , 2005, Judgment is entered in favor of
Plaintiff, HSBC Mortgage Services, Inc. and against Defendants} Randall S. May, Administrator
of the Estate of Richard L. May, Deceased Mortgagor and Real owner and damages are assessed
in the amount of $98,308.95, plus interest and costs.
BY THE PROTHONOTARY:
~~
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARL 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.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Number 06-5576
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), Randall S. May, Administrator of the Estate of Richard L. May, Deceased
Mortgagor and Real owner, is over eighteen (18} years of age, and resides at 2121 Church Road,
Hummelstown, PA 17025.
McCABE, WEISBERG~AND CO ~~''~'AY, P.C.
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 20th DAY OF
Nov. , 2005.
ARY PUBLIC NOTARIAL SEi;L
t,,l.ORtA G. MtTC~-IELL, Ncary Public
Gftvv of Philadeiotua. Pttiia County
Request for Military Status
Department of Defense Manpower Data Center
Page 1 of 2
NOV-08-2006 12:35:22
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
rC Last Name First/Middle Begin Date Active Duty Status Service/Agenc;
MAY Randall S Based on the information you have furnished, thf
DMDC does not possess any information
indicating that the individual is currently on
active duty.
Upon searching the information data banks of the Department of Defense
Manpower Data Center, based on the information that you provided, the
above is the current status of the individual as to all branches of the Military.
~~ ~-~-
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the
Department of Defense that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on
eligibility for military medical care and other eligibility systems.
The Department of Defense strongly supports the enforcement of the
Servicemembers Civil Relief Act [50 USCS Appx. # 167;# 167; 501 et seq]
(SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC
has issued hundreds of thousands of "does not possess any information
indicating that the individual is currently on active duty" responses, and has
experienced a small error rate. In the event the individual referenced above, or
any family member, friend, or representative asserts in any manner that the
individual is on active duty, or is otherwise entitled to the protections of the
SCRA, you- are strongly encouraged to obtain further verification of the
person's active duty status by contacting that person's Military Service via the
Request for Military Status
Page 2 of 2
"defenselink.mil" URL provided below. If you have evidence the person is on
active-duty and you fail to obtain this additional Military Service verification,
provisions of the SCRA maybe invoked against you.
If you obtain further information about the person (e.g., an SSN, improved
accuracy of DOB, a middle name), you can submit your request again at this
Web site and we will provide a new certificate for that query.
This response reflects current active duty status only. For historical
information, please contact the Military Service SCRA points-of-contact.
See: httn://www.defenselink.mil/faa/pis/PC09SLDR.htm1
WARNING: This certificate was provided based on a name and Social
Security number (SSN) provided by the requester. Providing an erroneous
name or SSN will cause an erroneous certificate to be provided.
Report ID:XTXSSMDRFD
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARL 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.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Number 06-5576
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, WEISBER~'q I ` C~WAY, P.C.
BY: 1,`1 ~'~ ~ ~~ [ v2ti ~
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 20th DAY OF
Nov. , 2005.
N TARY PUBLIC -.----------~----•-~
NOTA~iA~. SE~!_
Pu~''~
G~t~ of F'h~adrl~taa, ptai:~a. Caun2y
~e~`/ C.c~"Qlo~ EX :TE9i ,JU?~P, ~. ?007
VERIFICATION
The undersigned,~l~, ~ 5 .lit,~e, rS~q ,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
PA.C.S. Section 4909 relating to unsworn falsification to authorities.
McCABE, WEISBE G AND C NWAY, P.C.
BY: ~~~-~
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARL S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, PA 17013
Curt Long
Prothonotary November 8, 2006
To: Randall S. May, Administrator of the Estate of Richard L. May
2121 Church Road
PA 17036-0000
HSBC Mortgage Services, Inc.
vs.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Cumberland County
Court of Common Pleas
Number 06-5576 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
NOTIFICACION IMPORTANTE
USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER
PRESENTADO UNA COMPARECENC[A ESCRITA, YA SEA
PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR
ESCRITO CON ESTE TRJBUNAL 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 ALGUNA, DICTAR
SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS
DERECHOS[MPORTANTES.
USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
INMED[ATAMENTE. S[ USTED NO TIENE A UN ABOGADO, VA A O
TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE
PROPORCIONAR CON INFORMAC[ON ACERCA DE EMPLEAR A UN
ABOGADO.
SI USTED NO PUEDE PROPORCIONAR PARR EMPLEAR UN ABOGADO,
ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIASQUEPUEDEN OFRECER LOS
SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO
REDUCIDO NI NINGUN HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
AND CONWAY, P.C.
/ ~,
TJM/rda
BY: ~ (~B'
Attorneys for 1 i
TERRENCE J. Mc , ES
MARL S. WEISBERG, ES
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIRE
This is an attempt to collect a debt. Any information obtained will be used for that purpose.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
CIVIL DIVISION
HSBC Mortgage Services, Inc.
v.
FILE NO.: 06-5576 Civil Term
AMOUNT DUE: $98,308.95
Randall S. May, Administrator of the Estate of
Richard L. May, Deceased Mortgagor and Real
Owner
INTEREST: from 11/21/2006 - 3/7/2007
$1,729.12 at $16.16 Per Diem
ATTY' S COMM.:
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 if it 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 of 1974 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)
532 2nd Street Enola PA 17025
(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 (if real 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: ~ ( ~"~ 1 ~ C Signature: ~ ~ c` "`~ ,..,/~ ~~~~~
Print Name: McCABE, WEISBERG AND CC~AY
Address: 123 S. Broad Street. Suite 2080
Philadelphia. PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No. 16496
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 06-5576 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 RANDALL S. MAY, ADMINISTRATOR OF THE ESTATE OF RICHARD L. MAY,
DECEASED MORTGAGOR AND REAL OWNER, 2121 CHURCH ROAD, HUMMELSTOWN
PA 17036
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 532 SECOND ST., ENOLA PA 17025 (SEE LEGAL DESCRIPTION) .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
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 $98,308.95
L.L. $.50
Interest FROM 11/21/06 TO 3/7/07 @ $16.16 PER DIEM = $1,729.12
Atty's Comm
Atty Paid $191.96
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: NOVEMBER 22, 2006
(Seal)
c
'~
C s R. Lo ro notary
By:
Deputy
REQUESTING PARTY:
Name MARL S. WEISBERG, ESQ.
Address: 123 S. BROAD ST., SUITE 2080
PHILADELPHIA 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 - ID # 16496
MARL 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
HSBC Mortgage Services, Inc.
Plaintiff
v.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Defendant
Attorneys for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Number 06-5576 Civil Term
AFFIDAVIT PURSUANT TO RULE 3129
I, ~~ ~ ~ . ~~~er S ~ r~ ,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: 532 2nd Street, Enola, PA 17025 (Tax Parcel #45-16-
1049-022), a copy of the description of said property is attached hereto and marked as Exhibit
..A ~,
Name and address of Owner or Reputed Owner:
Name
Randall S. May, Administrator
of the Estate of Richard L. May,
Deceased Mortgagor and Real
Owner
Address
2121 Church Road
Hummelstown, PA 17036-0000
2.
3.
4.
5
6.
7
Name and address of Defendant in the judgment:
Name Address
Randall S. May, Administrator 2121 Church Road
of the Estate of Richard L. May, Hummelstown, PA 17036-0000
Deceased Mortgagor and Real
Owner
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein.
Name and address of every other person who has any record lien on the property:
Name
None
Address
Name and address of every other person who has any record interest in the property
which maybe affected by the sale:
Name
None
Address
Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which maybe affected by the sale:
Name Address
Tenants 532 2nd Street, Enola, PA 17025
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
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
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 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, 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 of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
November 20, 2006 McCABE, WEISBER~,~A~ND ~QNWAY, P.C.
BY: °~Th ~.e ~~`t III '`,~/"~,`f
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
_,
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McCABE, WEISBERG AND CONWAY, P.C.
~ BY: TERRENCE J. McCABE, ESQUIRE - ID # 1649b
MARC 5. 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.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Number 06-5576
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and Real Owner
2121 Church Road
Hummelstown, PA 17025
Your house (real estate) at 532 2nd Street, Enola, PA 17025 (Tax Parcel #45-16-1049-
022) , is scheduled to be sold at Sheriffs Sale on March 7, 2007 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 $98,308.95
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 maybe 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.
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 HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
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 maybe 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 OR CUMBERLAND
COUNTY
COURT ADMINISTRATOR BAR ASSOCIATION
4TH FLOOR, 2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013
CARLISLE, PENNSYLVANIA 17013 (717) 249-3166
(717) 240-6200
' SHERIFF'S RETURN - NOT FOUND
CASE N0: 2006-05576 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
HSBC MORTGAGE SERVICES INC
VS
MAY RANDALL S ADMIN OF ESTATE
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
TENANT but was
unable to locate Him in his bailiwick
COMPLAINT - MORT FORE ,
He therefore returns the
the within named DEFENDANT TENANT
532 2ND STREET
ENOLA, PA 17025
532 2ND STREET ENOLA IS VACANT.
NOT FOUND as to
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
So answer
6.00
14.08
5.00 R. Thoma -line
10.00 Sheriff of Cumberland County
.00
35.08 MCCABE WESIBERG CONWAY
10/24/2006
Sworn and Subscribed to before
me this day of
A.D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2006-05576 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HSBC MORTGAGE SERVICES INC
VS
MAY RANDALL S ADMIN OF ESTATE
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
MAY RANDALL S ADMIN OF ESTATE OF RICHARD L MAY
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On October 24th 2006 this office was in receipt of the
attached return from DAUPHIN
Sheriff's Costs: So answer .
Docketing 18.00 --`~
Out of County 9.00
Surcharge 10.00 R. omas Kline
Dep Dauphin County 37.25 Sheriff of Cumberland County
Postage .63
10/24/2006
MCCABE WEISBERG CONWAY
Sworn and subscribe to before me
this day of ,
A.D.
In Tl~~ Court of Common Pleas of Cu>~~rland. C~~nty; Pennsylva~la
HSBC Mortgage Services Inc
vs.
Randall S. May, administator of
sstate of Richard L. May ~o, 06-5576 civil
Now, October, 5, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize. the Sheriff of ~u~'11 County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
~.~~.G.--~ ....~..,e-ate-fir'.
Sheriff of Cumberland County, PA
Aff1C).BVIt Of .~~;~'~T3C~
Naw,
within
20 , at o'clock M. served the
upon
at
by handing to ~ rn
~. c~ - {
1~"~ --~
a copy of the original ~ ~' ~ ~`
~ ~'
and made known to the contents thof.~ Y
C'3
So answers, ~
Sheriff of
Sworn and subscribed before
me this day of , 20
COSTS
SERVICE
MILEAGE _
AFFIDAVIT
County, PA
(lv~~ttE II~ ~P ~~E.rtf{
Mary Jane Snyder
Real Estate Deputy
William T. Tully
Solicitor
Charles E. Sheaffer
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717)780-6590 fax: (717)255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania HSBC MORTGAGE SERVICES INC
vs
County of Dauphin ~ lvlpy RANDALL `S ADMIN OF ESTATE OF MAY
Sheriff's Return
No. 1648-T - - -2006
OTHER COUNTY NO. 06 5576 CIVIL TERM
AND NOW:October 17, 2006 at 2:35PM served the within
COMPLAINT IN MORTGAGE FORECLOSURE upon
MAY RANDALL S ADMIN OF ESTATE OF MAY by personally handing
RICHARD L
to ROXANN MAY WIFE OF RANDALL MAY 1 true attested copy(ies)
of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known
to him/her the contents thereof at 2121 CHURCH ROAD
HUMMELSTOWN, PA 17036-0000
Sworn and subscribed to
before me this 17TH day of OCTOBER, 2006
~~~~~~~
U
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1, 2010
So Answers,
Sheriff of Dauphin County, Pa.
[' i/
~~~~~~ {3
By
Deputy Sheriff
Sheriff's Costs: $37.25 PD 10/06/2006
RCPT NO 222222
EMBREY
McCABE, WEISBERG AND CUNWAY, 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.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Number 06-5576
AFFIDAVIT OF SERVICE
I, Undersigned, attorney for the Plaintiff in the within matter, hereby certify that on the
5"' day of January,2007, 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."
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 5th DAY OF
January, 2007.
NOTARY PUBLIC
~~..
- I» lam. k'ErC~Fi~~', t~ t~3 k
~~ ~~ .
McC EISBE WAY, P.C.
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
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
HSBC Mortgage Services, Inc.
Plaintiff
Attorneys for Plaintiff
COURT OF COMMON PLEA5
Cumberland COUNTY
v.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Number 06-5576 Civil Term
Defendant
AFFIDAVIT PURSUANT TO RULE 3129
I, Undersigned, 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: 532 2nd Street, Enola, PA 17025 (Tax Parcel #45-16-1049-022), 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
Randall S. May, Administrator
of the Estate of Richard L. May,
Deceased Mortgagor and Real
Owner
Address
2121 Church Road
Hummelstown, PA 17036-0000
Exhibit ~
2. Name and address of Defendant in the judgment:
Name Address
3
4
5
6.
Randall S. May, Administrator 2121 Church Road
of the Estate of Richard L. May, Hummelstown, PA 17036-0000
Deceased Mortgagor and Real
Owner
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein.
Name and address of every other person who has any record lien on the property:
Name
None
Address
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
Tenants
Domestic Relations
Cumberland County
Address
532 2nd Street, Enola, PA 17025
P.O. Box ~ ~~
Carlisle, P~
Commonwealth of Pennsylvania Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania
Inheritance Tax Office
1400 Spring Garden Street
Philadelphia, PA 19130
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Internal Revenue Service
PA Department of Revenue
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 171.05-8486
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, PA 19106
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128
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.
January 5, 2007
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQ
MARL S. WEISBERG, ESQU
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
AY, P.C.
N~hibitA
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARL 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.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Number 06-5576
DATE: January 5, 2007
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): Randall S. May, Administrator of the Estate of Richard L. May, Deceased
Mortgagor and Real owner
PROPERTY: 532 2nd Street, Enola, PA 17025
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 7, 2007, 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 filed thereto within 10 days after the filing of the schedule.
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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) 740-1010
Attorneys for Plaintiff
HSBC Mortgage Services, Inc.
Cumberland County
Court of Common Pleas
vs.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Number 06-5576
SUPPLEMENTAL AFFIDAVIT OF SERVICE
I, Undersigned, attorney for the Plaintiff in the within matter, hereby certify that on the
24`h day of January, 2007, 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, WEISBERG AND CONWAY, P.C.
BY:
Attor en ys for aintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 24th DAY OF
January, 2007.
1
NOTARY PUBLIC
~1At t~ ~~Nc~ryPuOit
~ira'~, fi
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARL S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
FRANK DUBIN, ESQUIRE - ID # 19280
BONNIE DAHL, ESQUIRE - ID # 79294
ANDREW L. MARKOWITZ, ESQUIRE - ID # # 28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
HSBC Mortgage Services, Inc.
Plaintiff
Attorneys for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
v.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Number 06-5576 Civil Term
Defendant
SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129
I, Undersigned, 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: 532 2nd Street, Enola, PA 17025, a copy of the description of said property
is attached hereto and marked as Exhibit "A."
Name and address of Owner or Reputed Owner:
Name
Randall S. May, Administrator
of the Estate of Richard L. May,
Deceased Mortgagor and Real
Owner
Address
2121 Church Road
Hummelstown, PA 17036-0000
EXHIBIT A
2. Name and address of Defendant in the judgment:
Name Address
Randall S. May, Administrator 2121 Church Road
of the Estate of Richard L. May, Hummelstown, PA 17036-0000
Deceased Mortgagor and Real
Owner
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
Plaintiff herein
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein.
5. Name and address of every other person who has any record lien on the property:
Name
NONE
Address
6. Name and address of every other person who has any record interest in the
property 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:
EXHIB~TA
Name
Tenants
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
PA Department of Revenue
R. Eric Pierce, Esquire
Address
532 2nd Street, Enola, PA 17025
P.O. Box 320
Carlisle, PA 17013
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 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, PA 17105-8486
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, PA 19106
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128
753 Fishburn Road
P.O. Box 775
Hershey, PA 17033
EXHIBIT A
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.
January 24, 2007
DATE
McCABE, WEISBERG, AND CONWAY, P.C.
BY: ~~ ~'
Attorneys for laintiff
TERRENCE J. McCABE, ESQUIRE
MARL S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
EXHIBIT A
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARL S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34414
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.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Number 06-5576
DATE: January 24, 2007
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): Randall S. May, Administrator of the Estate of Richard L. May, Deceased
Mortgagor and Real owner
PROPERTY: 532 2nd Street, Enola, PA 17025
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 7, 2007, 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 filed thereto within 10 days after the filing of the schedule.
EXHIBIt @
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Robert P. Zie>~ler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which HSBC Mtg Serv Inc is the grantee the same having been sold to said grantee
on the 7th day of March A.D., 2007, under and by virtue of a writ Execution issued on the 22 day of
Nov, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number
5576, at the suit of HSBC Mtg Serv Inc against Richard L Maw is duly recorded in Deed-Book
No. 279, Page 2837.
iN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this /~ ~ day of
A.D. ao~ ~'
f~ ~ R~rder of Deeds
4eoordu pf Deus, i;wnberiaid County, CWMi, PA
My Cammis~a- Expires ii~e Fleet Monday d Jtn. 20t0
HSBC Mortgage Services, Inc.
VS
Randall S. May, Administrator of the
Estate of Richard L. May, Deceased
Mortgagor and Real Owner
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2006-5576 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant, to wit: Randall S. May, Administrator
of the Estate of Richard L. May, Deceased Mortgagor and Real Owner, but was unable to locate
him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve
the within Real Estate Writ, Notice of Sale and Description according to law.
Dauphin County Return: And now, December 13, 2006 at 2:31 PM served the within Real
Estate Writ, Notice and Description upon Randall S. May by personally handing to defendant one
true attested copy of the original Real Estate Writ, Notice and Description and making known to
him the contents thereof at Dauphin County Sheriff s Office, Front & Market Sts., Rm. 104,
Harrisburg, PA 17101-0000. So answers: J.R. Lotwick, Sheriff of Dauphin County, PA.
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
January 19, 2007 at 1058 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 Richard L. May, Deceased
Mortgagor and Real Owner located at 532 2nd Street, Enola, 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: Randall S.
May, Administrator of the Estate of Richard L. May, Deceased Mortgagor and Real Owner, by
regular mail to his last known address of 2121 Church Road, Hummelstown, PA 17036. This letter
was mailed under the date of January 16, 2007 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 07, 2007
at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Terrence McCabe, on
behalf of HSBC Mortgage Services, Inc. It being the highest bid and best price received for the
same, HSBC Mortgage Services, Inc. of 5701 East Hillsborough Ave., Tampa, FL 33610, being the
buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $994.79.
Sheriffs Costs:
Docketing $30.00
Poundage 19.51
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 1.00
Mileage 13.20
Certified Mail 1.40
Levy 15.00
Surcharge 20.00
Out of County 9.00
Dauphin County 37.25
Law Journal 355.00
Patriot News 341.60
Share of Bills 16.83
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$ 1012.79
So Answers• .
-a~
R. Thomas Kline, Sheriff
BY ~G ~-~1
Real Estate ergeant
~~ 5!/.2 J/6 7
0~-k'
Lip, w
~ ~Q~ a ~
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 Sonth Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
HSBC Mortgage Services, Inc.
Plaintiff
Attorneys for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
v.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Number 06-5576 Civil Term
Defendant
AFFIDAVIT PURSUANT TO RULE 3129
I, /?'/G{ ~C ~ . ~~~er S ~ r~ ,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: 532 2nd Street, Enola, PA 17025 (Tax Parcel #45-16-
1049-022), 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
Randall S. May, Administrator
of the Estate of Richard L. May,
Deceased Mortgagor and Real
Owner
Address
2121 Church Road
Hummelstown, PA 17036-0000
,~ y
r
2
3.
4
5
6.
Name and address of Defendant in the judgment:
Name Address
Randall S. May, Administrator 2121 Church Road
of the Estate of Richard L. May, Hummelstown, PA 17036-0000
Deceased Mortgagor and Real
Owner
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein.
Name and address of every other person who has any record lien on the property:
Name
None
Address
Name and address of every other person who has any record interest in the property
which maybe 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 maybe affected by the sale:
Name Address
Tenants 532 2nd Street, Enola, PA 17025
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
~~
Commonwealth of Pennsylvania
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
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
1400 Spring Garden Street
Philadelphia, PA 19130
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 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 of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
November 20, 2006 McCABE, WEISBER ,AND C,QNWAY, P.C.
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARL S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
~~,~cCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34b87
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(Z15) 790-1010
Attorneys for Plaintiff
HSBC Mortgage Services, Inc.
Cumberland County
Court of Common Pleas
vs.
Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and
Real Owner
Number 06-8876
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Randall S. May, Administrator of the Estate
of Richard L. May, Deceased Mortgagor and Real Owner
2121 Church Road
Hummelstown, PA 17025
Your house (real estate) at 832 2nd Street, Enola, PA 17025 (Tax Parcel #45-16-1049-
022) , is scheduled to be sold at Sheriffs Sale on March 7, 2007 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 $98,308.95
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:
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 (21 S) 790-
1010.
2. You maybe 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.
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 HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
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 maybe able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
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.
S. 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, PA 17013
(717) 249-3166
';'"•-
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground situate on Second Street, in Henry R. May's Second Addition to the
Town of West Fairview, now the Township of East Pennsboro, Cumberland County, Pennsylvania, more
particularly bounded and described as follows, to wit:
BEGINNING at the northeastern wmer of Lot No. 12; thence In a southeasterly course along Second
Street, thirty (30) feet to a lot now or late of Henry R. May; thence in a southwesterly course along said
last mentioned lot, one hundred five (105) feet to an alley; thence along said alley in a northwesterly
course, thirty (30) feet to lot now or late of Frank Hauard; thence along said last mentioned lot in a
northeasterly course, one hundred five (105) feet to the place of BEGINNING.
BEING Lot No. 121n Henry R. May's Second Addition to the Town of West Fairview, now Borough of West
Fairview.
HAVING thereon erected a single frame dwelling house known and numbered as 532 Second Street, West
Fairview, Pennsylvania.
BEING KNOWN AS 532 2nd Street, Enola, PA 17025
Being the same premises which Ronald K. Mumper, Jr., by deed dated the 4/25/2003, and recorded
5/1/2003 in the Office of the Recorder in and for Cumberland County in Deed Book 256, Page 4130,
granted and conveyed to Randall S. May, Administrator of the Estate of Richard L. May, Deceased
Mortgagor and Real owner, in fee.
TAX MAP PARCEL NUMBER: 45-16-1049-022
~. ~ WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 06-5576 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due HSBC MORTGAGE SERVICES, INC. Plaintiff (s)
From RANDALL S. MAY, ADMINISTRATOR OF THE ESTATE OF RICHARD L. MAY,
DECEASED MORTGAGOR AND REAL OWNER, 2121 CHURCH ROAD, HUMMELSTOWN
PA 17036
(1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE
LOCATED AT 532 SECOND ST., ENOLA PA 17025 (SEE LEGAL DESCRIPTION) .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
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 $98,308.95
L.L. $.50
Interest FROM 11/21/06 TO 3/7/07 @ $16.16 PER DIEM = $1,729.12
Atty's Comm
Atty Paid $191.96
Plaintiff Paid
Due Prothy $1.00
Other Costs
Date: NOVEMBER 22, 2006
(Seal)
Curtis .Long, Prothtin tary
By:
Deputy
REQUESTING PARTY:
Name MARL S. WEISBERG, ESQ.
Address: I23 S. BROAD ST., SUITE 2080
PHILADELPHIA PA 19109
Attorney for: PLAINTIFF
Telephone: (215) 790-1010
Supreme Court ID No. 16496
~~a
Real Estate Sale # 49
On November 30, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA
Known and numbered as 532 2°d Street,
Enola, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: November 30, 2006 By ~ ~
Real Est Sergeant
u~'t ~u3 ''~' '~~ !u~~ iii+.i~
a
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEW5
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 24th and 31st day(s) of January and
the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said
printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
~~
PUBLICATION ................ ... .... :~.......................................
COPY Sworn to an u red before me this ~L`~'6~~~`~pA.D.
SALE #49 COMMON
Notarial Seal Public
Terry L. Russell, Notary
Ci Of Harrisburg, Da~uSphioe ,2010
ommission p
sVti~ la wn of Notaries
N AR PUBLIC
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
January 26, February 2 and February 9, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie
SWORN TO AND SiJ~SCRIBED before me this
9 day of February, 2007
NOTARIAL SEAL. "
L(~!S E. SNYCER, Notary Public
Carlisle Boro, Cumberland County
(vt~ Commission Expires March 5, 2009
BtAL EiTATS liAL.S N(O. 49
Writ No. 2006-5576 Civil
HSBC Mortgage Services, Inc.
vs.
Randall S. May, Administrator
of the Estate of Richard L. May,
Deceased Mortgagor and
Real Owner
Atty.: Marc Weisberg
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground
situate on Second Street, in Henry
R. May's Second Addition to the
Town of West Fairview, now the
Township of East Pennsboro,
Cumberland County, Pennsylvania,
more particularly bounded and de-
scribed as follows, to wit:
BEGINNWG at the northeastern
corner of Lot No. 12; thence in a
southeasterly course along Second
Street, thirty (30) feet to a lot now
or late of Henry R May; thence in a
southwesterly course along said last
mentioned lot, one hundred five
(105) feet to an alley; thence along
said alley in a northwesterly course,
thirty (30) feet to lot now or late of
Frank Hazzard; thence along said
last mentioned lot in a northeast-
erly course, one hundred 8ve (105)
feet to the place of BEGWNWG.
BEING Lot No. 12 in Henry R.
May's Second Addition to the Town
of West Fairview, now Borough of
West Fairview.
HAVING thereon erected a single
frame dwelling house known and
numbered as 532 Second Street,
West Fairview, Ptnnsylvania.
BEING KNOWN AS 532 2nd
Street, Enola, PA 17025.
Being the same premises which
Rpnaid K. Mumper, Jr., by deed
dated the 4/25/ZU03, and recorded
5/ 1 /2003 in the Office of the Re-
corder in and for Cumberland
County in Deed Book 256, Page
4130, granted and conveyed to
Randall S. May, Administrator of the
Estate of Richard L. May, Deceased
Mortgagor and Real owner, in fee.
TAX MAP PARCEL NUMBER: 45-
16-1049-022.