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HomeMy WebLinkAbout06-6851McCABE, 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 Household Finance Consumer Discount Company 5701 East Hillsborough Avenue Tampa, FL 33610 V. Randy S. Berheimer 411 Brookview Court Mechanicsburg, PA 17050 and Cynthia K. Berkheimer 411 Brookview Court Mechanicsburg, PA 17050 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number OL ?'t CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o core un abogado y entregar a la corte 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 corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumipla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para 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. 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 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 PARA EMPLEARUN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION 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 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 Household Finance Consumer Discount Company 5701 East Hillsborough Avenue Tampa, FL 33610 Attorneys for Plaintiff Cumberland County Court of Common Pleas V. Randy S. Berheimer 411 Brookview Court Mechanicsburg, PA 17050 and Cynthia K. Berkheimer 411 Brookview Court Mechanicsburg, PA 17050 Number C G - 6 ?3'/ 06 ' _7?`" CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Household Finance Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Randy S. Berheimer, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 411 Brookview Court, Mechanicsburg, PA 17050. 3. The Defendant is Cynthia K. Berkheimer, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 411 Brookview Court, Mechanicsburg, PA 17050. 4. On 04/25/2003, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for EquiFirst Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1808, Page 625. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for EquiFirst Corporation to Household Finance Consumer Discount Company, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known 59 Johns Drive, Enola, PA 17025. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/30/2006 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 Interest through 09/29/2006 (Plus $ 39.33 per diem thereafter) Attorney's Fee Late Charges Corporate Advances Cost of Suit Title Search GRAND TOTAL $ 126,205.44 $ 4,781.88 $ 6,310.27 $ 313.95 $ 12.50 $ 55.50 $ 200.00 $ 137,879.54 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 Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $137,879.54, together with interest at the rate of $39.33 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: "j Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned, ?LCJf _lLLt-,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 based on the information from the Plaintiff, who is not available to sign this, 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: !:?I' I a/`-C, , t ? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE .1 t • : -1 l9 s`' PORERT A. ZIEGL ER ''ECflRDER Of DEEDS MiERLANDCOUNTY '03 PPR 28 fim 9 n Prepared By: Jessica Christmas 500 Forest Point Circle, Charlotte, HC 28273 367S-Y?Y Return To: EquiFirst Corporation Attn: Collateral M 500 Sorest Point Circle Charlotte, NC 28273 Parcel Number: 73,--e a / 6 0 91512@8263 1Spam Above M line For Recordi% Dotal MORTGAGE MIN 100200100030758118 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 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 datcdAprii 25, 2003 together with all Riders to this document. (B) "Borrower" is Randy 3. Barkheimer and Cynthia K. 9erkheitner Borrower is the mortgagor under this Security Instrument. (C) "NERS11 is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 6-79-MFRS. 307581 PENNSYLVANIA - Single Family - Fannie MaelFrecick Mac UNIFORM INSTRUMENT VATH MERS Form 3039 1101 ® $ A(PAi 10202 N? to I$ W6214? VMP MORTGAGE FORME - 0=U1-7291 9K ! 808ru00-25 1-D 1?)IDOID Exhibit A , (D) "Lender" is EquiFirst Corporation Lender is a corporation organized and existing under the laws of North Carolina Lender's address is 500 Forest Point Circle, Charlotte, NC 28273 (E) "Note" means the promissory note signed by Borrower and datedApril 25, 2003 The Note states that Borrower owes Lender one hundred twenty-nine thousand nine hundred and 00/100 Dollars (U. S. $129,900.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than April 30, 2033 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. 77he following Riders are to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider Condominium Rider Second Home Rider Q Balloon Rider Planned Unit Development Rider 14 Family Rider [] VA Rider Biweekly Payment Rider Other(s) [specify] Arbitration Rider ALCM Floor/Prepay Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of IRW) as well as all applicable final. non-appealable judicial opinions. (J) "Community Association Wes, Fees, and Assessments" mans all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "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 instrument, computer, or magnetic tape 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. (L) "Escrow Items" means those items that are described in Section 3. (M) "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 Section 5) for: (i) damage to, or destruction of, the Property: (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance'protecting lender against the nonpayment of, or default on. the Loan. (O) "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. 307581 IN GAIPAt 102021 ww 2 a 1e Form 3039 1101 $K 1 806'G0626 (P) "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 muter. As used in this Security Instrument, "RESPA" refers to Al requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. pury not that party c has assumed Interest Boof Borrower" means an that has taken tide to the ower's bligations under the Note andor this Security Insttrrumenwhether or TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (() 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 MERS (solely as nominee ror Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in thecounty crepe or xcwrdin` Jurhdicuoal of Cumberland (None or Reewdina 1urLdictionl: Sao Attached Exhibit A which currently has the address of 59 Johns Drive [5neerl Enola Icityl, Pennsylvania 17025 IZipOde) ('Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests ranted by Borrower in this Security Instrument, but, if necessary to comply with taw or custom, MERS (as nominee for Gender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security instrument. 307581 (R-6AIPA) Iozo2i pop.3a is Form 3039 7107 81i1808P;;0627 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 will 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 for 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, Lender 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, 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. 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 Leader in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan 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 shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to 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. If 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 307581 iM d aA (PA 1102021 Popp a of 10 Form 3038 1101 8K 18081GO628 can be paid in 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 Paytttemts are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security 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 auras 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, foes and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless [.ender 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 writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time 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 Item 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 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Leader 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 are insured by a federal agency. instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless tender pays Borrower interest on the Funds and Applicable Law permits tender 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 307581 Muw ®-6AiPA1 co=) P+66 Of is Form 3039 1101 1-0 qt?? OK I 808FG0'v29 shall be 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 RESPA, 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 RESPA, 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 under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to stake 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 shall pay them in the manner provided in Section 3. 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 manna acceptable to Lcnder, 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 witch in Lender's opinion operate to prevent the enforcement of the 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 Leader subordinating the lien to this Security Instrument. If Lender determines that any part of the Property 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 a one-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, hazards included within the term 'extended coverage,' and any other hazards 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 Lender's 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 tracking 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. 31)7581 iN -6n1t'al 0020Z r o.sa Form 3039 1MI BK 1808PG0630 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or aright not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained night 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 shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any fort. of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee 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 earnings on such proceeds. Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sum 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. If Borrower abandons the Property. Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a 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 in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right 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 the Note or this Security Instrument, whether or not then due. 307581 1 (n -GAWAt wzoz ?+a CO ?s Form 3039 lldl 0 8K 1808PGO63 I 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 otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not 7. Preservation, Maintenance and Protection of the Property; Inspections. destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condetttnation proceeds are 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 repaint and restoration in a single payment or in a series of progress payments as the work is completed. If 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 snake reasonable entries upon and inspections of the Property. If 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 if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide tender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Flights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument. (b) there is a legal 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 Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property. then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to. (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, elirninate 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. 307581 w+iu.r (D•6A(PA) W= Popa of is Form 9039 1101 • Z72)3 BKi8O8FUO632 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasebold and the fee title shall not merge unless lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage insurance coverage required by Lender teases 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 coverage substantially equivalent to the Mortgage Insurance 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 Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. 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 if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lander required Mortgage 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 maintain Mortgage insurance in effect, or to provide a non-refundable loss reserve, until Leader'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 In the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in forte from time to time, and may enter into agreements with other parties 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 party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinamr, 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 lnsuranee, in exchange for sharing 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 or the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage insurance, and they will not entitle Borrower to any refund. 307581 a:n. ab .6A(PA) ID2021 Pope of 16 Form 3038 1/01 BK 1 808PG0633 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the mortgage Insurance under the Homeowners Protection Act of I"S 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 Insurance terminated automatieally, and/or to receive a refund or any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged. such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Leader's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous 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 pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security 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 Instrument, 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 Property immediately before the partial taking, destruction, or loss in value is equal to or the partial greater than the amount of the sums secured by this Security Instrument immediately before the taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, surm secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial 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 Property is abandoned by Borrower, or if, after 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 to Lendcr within 30 days after the date the notice is given, Lender is authorized 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 party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 307591 Enid Fern 3038 1107 6AIPA) 10202! °ipi10e/6 -V <7,r? SKI803Pf0634 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. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to 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 including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any 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 mortgage, 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 by this Security Instrument; and (c) agrees that lender and any other Borrower can agree to extend, modify, forbear or matte any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations 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 Security 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, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security 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 limit; 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 charge 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. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be demaed to 307581 ?ItAIPA) axon o p. 11 of 1e form 3038 1101 e al? 6K 1808PG0535 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 Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security 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 address 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. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Sevembility; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Propcny is locate]. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it 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 conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall wean 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 and of this Security Instrument. 18. 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 Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchascr. 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 Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice "I provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any 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 We 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 are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 3075ti1 -BAIPA) rosoZ Pw 11 of 16 Form 3039 7101 OKI808PGO636 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank 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 IS. 20. Sale of Note; 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 performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. Tbere also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If 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 any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter 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 are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial 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 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable 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. 21. 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. 307581L ®-GAIPAt M20a ?.w+aa Is form 30" 1101 $KI808PG0637 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hilz?dos Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Enviirronm o ftaal Law, (b) which creates an Environmental Condition, or (c) which, due to the present 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 quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property y- give (including, Lender written notice of (a) te any investigation, taim, dedemand, lawsuit Borrower shall promptly g' or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual ?g? ledggd , (b of rel or Environmental Condition, including but not limited to, any spilling, $ 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 he Property. at If Borrower 1er m. o ris motto d other by any ggovernmental or regulatory authority, or any private party, that any or take all accessary of any Hazardous Substance affecting the Property is necessary, Borrower shall promp y 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 (knot Ao, acceleration under Section 19 unless Applicable Law provides otherwise). Lender sliau ti Borrower of, among other things: (a) the default; (b) the action required to cure the default; (cam when the default must be cured; and (d) that failure to cure the default as s)teeitied to iy acceleration of the sums secured b this Security Instrument, foreclosure by Judicial proceeding and sale of the Property. Letder shall hirther inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existeriee of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument bmy judicial i proceeding. Lender n 22, shall be entitled to collect all expenses incurred in pursuing provided 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. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and 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, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument' 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 307581 idwa FaRi 3038 1101 -GAtPA1402021 wr 14 a +6 -6 q 0 8K 1 808PG0638 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 with it. Witnesses V?14 ? _LL I (Seal) -Borrower AAA _ (Seal) d-Z thia x. JA=khaizer -Horrowa 3075131 6A(PA) io2o21 _ (seal) -Borrower (Sew) Randy S rkhoimor -Borrower _ (Seal) .Borrower .. (Seal) -Borrower (Seal) -Borrower papa is of is OK l 808PGO639 -(Sew) -Borrower Form 9099 1104 Certificate of Residence do hereby certify that 1, the correct address of the within-named Lender is 500 forest Point Circle, Charlotte, NC 28273 Witness my hand this25th day of April, 2003 Yo)- V/,?44& Anent of lender um?ac-ljl County $a: COMMONWEALTH OF PENNSYLVANIA, On this, the day of /? i?? ` !,1_•l Gp3 , before me, the undersigned officer, personally appeared Randy S Berkheimer Cynthia K. Berkheimer known to the (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that helshe/they executed the same for the purposes herein contained. IN wrrNESS WHEREOF, f hereunto set my hand and official seal. My Commission Expires: NOTARIALWAL ACKIE 11. Y&KER, NroterY Pubk CWPHIBMAM'Wro My Com+ b^ 1148" 4, 307561 6A(PA) U11 J Tide 0(0, mce, Pps to of 16 808PG0540 MR t'Olln =9 IMI 172,15 Commitment Number: 03279 First American Tide Insurance Company SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN piece or parcel of lane situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Johns Drive, at the northwest comer of Lot No. 219 on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 219, South 08 degrees 25 minutes 00 seconds East, a distance of 116.74 feet to a point on the northern line of land of Donald E. Ross and Fawn C. Ross; THENCE along the northern line of said Ross land, South 81 degrees 35 minutes 00 seconds West, a distance of 24.00 feet to a point at the southeast comer of Lot No. 221 on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Lot No. 221, North 08 dogmas 25 minutes 00 seconds West, a distance of 116.74 feet to a point on the southern right- of- way Una of Johns Drive; rees 35 North Johns south THENC alon 00 sec die ant eEof 24 0 the feet to aapoint alt thewnorthwest come of Lot No 2 8 81 onntthe hereinafter describedoFinal East a Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,802.00 square feet, more of less. BEING Lot No. 220, Final Subdivision Plan of Laurel Hilts North, Phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 83, Page 113. BEING improved with a townhouse dwelling known as 59 Johns Drive. SUBJECT TO an Easement for utility installation and maintenance which reserved on all kns an such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system In accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS, to restrictions, easements, set-back Unes and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Subdivision Plan for Laurel Hills North, Phase 5, East Pennsboro Township. Cumberland County, Pennsylvania, dated September 14, 2001 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 681, Page 601. FURTHER SUBJECT to a ten (10) foot pedestrian access easement across the southern portion of the premises and thirty (30) foot drainage easement across the southern portion of the premises as shown on the above referenced Final Subdivision Plan. BEING PART OF THE Deed dated December 22, E P9 F-6 MI and girded December 231 Development, 986 in te Office a Pennsylvania of the Recorder of Deeds bn and for Laurel Hills Development Corp., a Pennsylvania Corporation, the Grantor herein. I Certify this to be recorded Tn Cuir'-r-1,^d Courity PA ALTACommibnent ' ./"'?`? 7 {032T&03279/1S) sdmdute C 8X 18 0 8 PG 0 6 4 1 Recorder rat' Dectt- ARBITRATION RIDER (To Be Recorded Together with Security Instrument) THIS RIDER is made this 25th day of April 2003 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 (the "Note") to EquiFirst Corporation (the "Lender") of the same date and covering the property described in the Security Instrument and located at (Property Aaaress) As used in this Rider, the term "Lender" includes Lender's successors and assigns and the company servicing the Note on Lender's behalf. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: ARBITRATION OF DISPUTES. Any claim, dispute or controversy (whether in contract, tort, or otherwise) arising from or related to the loan evidenced by the Note, including but not limited to all statutory claims, any claim, dispute or controversy that may arise out of or is based on the relationships which result from the Borrower's application to the lender for the loan, the closing of the loan, or the servicing of the loan, or any dispute or controversy over the applicability or enforceability of this arbitration agreement or the entire agreement between Borrower and Lender (collectively "claim"), shall be resolved, upon the election of either Borrower or Lender, by binding arbitration, and not by court action, except as provided under "Exclusions from Arbitration" below. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. Sections 1-16) and the Code of Procedure of the National Arbitration Forum in effect at the time a claim is fled. Copies of the arbitration rules and forms can be Wide Web at an National our by Forum office, at P.O. Box calling (800) 474237150191, Minneapolis, obtained 04and , on the claims World can be filed MN 55404, This agreement to arbitrate shall apply no matter by whom or against whom a claim is made. Any election to arbitrate may be made at any time, regardless of whether a lawsuit has been filed or not, and such party making the election may bring a motion in any court having jurisdiction to compel arbitration of any claim and/or to stay the litigation of any claim pending arbitration. Any participatory arbitration hearing will take place in the federal judicial district of the Borrower's residence, unless a different location is agreed to by Borrower and Lender. At Borrower's request, Lender will advance the first $150 of the fling and hearing fees for any claim which the Borrower may file against the Lender. The arbitrator will decide which party will ultimately be responsible for paying these fees. All claims between the Borrower and Lender shall be arbitrated individually, and shall not be subject to being joined or combined in any proceeding with any claims of any persons, or class of persons other than Borrower or Lender. The arbitrator shall apply relevant law and provide written, reasoned findings of fact and conclusions of law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. EXCLUSIONS FROM ARBITRATION. This arbitration agreement shall not apply to rights or obligations under the loan documents that allow the Lender to foreclose or otherwise take possession of property securing the loan, including repossession, foreclose or unlawful detainer. Nor shall it be construed to prevent any party's use of bankruptcy or judicial foreclosure. No provision of this agreement shall limit the right of the Borrower to exercise Borrower's rights under the Uniform Covenant labeled "Borrower's Right to reinstate". Subject to these limitations, this arbitration agreement will survive the pay-off of the loan. SEVERABI[LITY. If the arbitrator or any court determines that one or more terms of this arbitration agreement or the arbitration Code are unenforceable, such determination shall not impair or affect the enforceability of the other terms of this arbitration agreement or the arbitration Code. 307581 xp l/M'V Page 1 of 2 1'045 (5102) 6K 1806PG0642 NOTICE: WHEN YOU SIGN THIS ARBITRATION RIDER, YOU ARE AGREEING THAT EVERY DISPUTE DESCRIBED ABOVE MAY BE DECIDED EXCLUSIVELY BY ARBITRATION. YOU ARE GIVING UP RIGHTS YOU MIGHT HAVE TO LITIGATE THOSE CLAIMS AND DISPUTES IN A COURT OR JURY TRIAL OR TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN CONNECTION WITH A CLAIM OR DISPUTE. DISCOVERY IN ARBITRATION PROCEEDINGS IS LIMITED IN THE MANNER PROVIDED BY THIS AGREEMENT AND THE RULES OF ARBITRATION. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NPT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT ARBITRATION AGREEMENT CAREFULLY BEFORE SIGNING THIS ARBITTRATION RIDERS BY SIGNING BELOW, Borrower accepts and agrees to the provisions contained in this Rider. Randy S Be imer thia K. Ber eimer 307581 E•F0452 (M) Page 2 of 2 8n 1808PGO643 ADJUSTABLE RATE RIDER to Security Instrument (LIBOR 6 Month Index - As Published in The Wall Street Journal - Rate Caps) (To Be Recorded Together with Security Instrument) THIS ADJUSTABLE RATE RIDER is made this 25th day of April , 2003 and 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 Adjustable Rate Note (the "Note") to EquiFbst Corporation (the "Lender") of the same date and covering the property described in the Security Instrument grid located at: 59 Johns Drive, Enola, PA 17025 (property address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE THE AMOUNT THE BORROWER'S INTEREST RA CHANGE AT ANY ONE TIME AND THE MAXIMUM LIMITS MINIMUM RATE THE BORROWER MUST PAAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6.950 % rate and the monthly payment as follows: The Note provides for changes in the interest (A) Change Dates The interest rate 1 will pay may change on Aprii 3Q, 2005 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date". (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index fifure available as of the first business day of the month imanediaoely preceding the month is which the Change Date occurs is the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, The Note Holder will calculate my new interest rate by adding 6.400 percentage points (6.400 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new arnount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9.950% or less than 6.950%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentap point(s) (1.00%) the rate of interest 1 have been paying for the preceding six months. My interest rate will never be greater than 12.950 % or less than the initial interest rate provided for in Section 2 of this Note. 307581 U061 1 (osmz) Page I of 2 gX1808PG0644 (E) Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment bcginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of changes The Note Holder will deliver or mail to me a notice of any changes in my new interest raft and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 17 of the Security Instrument is amended to read as follows: Transfer of Property or a Beneficial Interest In Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person), without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreer ant in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lcndces consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates to the transferee to keep all the promises and agreements made in the Note and in the Security Instrument. Borrower will continue to be obligated under the mote and this Security instrument unless Lender releases Borrower in writing. if Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. 'lhe notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on B orrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. A) 1A.4 ?4-- C. this K. Berkhe mer 307581 EF0612 (5102) Page 2 of 2 g,{ 808PG0645 ADJUSTABLE RATE INTEREST RATE FLOOR & PREPAYMEBNR P d dA, T Riwith d Spa Se? ty Instrument (To This ADJUSTABLE INTEREST RATE FLOOR & PREPAYMENT PENALTY RIDER (the "Rider") is trade this 25th day of April, 2003, and amends the Mortgage, Deed of Trust or Security Deed (the "Security lnsmtment'? dated the same date and given by the person(s) who signs below (the 'Borrower(s)') to EquiFirst Corporation (the "Lender") to secure prepayment of a Note in the amount of U.S. $ 129,900.00. In addition to the agreements and provisions made in the Note and the Security Instrument, and notwithstanding any provisions to the contrary contained in said Note or the Security Instrument, both the Borrower(s) and the Lender further agree as follows ADJUSTABLE INTEREST RATE FLOOR This loan has an Interest Rate "Floor" which will limit the amount the Interest Rate can decrease. Regardless of any changes in the index, the Interest Rate during the term of this loan will never be less than the initial Interest Rate provided for in Section 2 of the Note. PREPAYMENT PENAL'T'Y This loan is an Alternative Mortgage Transaction as defined in 12 U.S.C. Section 3802(1) and is made pursuant to the provisions of the Alternative Mortgage Transaction Parity Act of 1982 (12 U.S.C. Section 3801, et. seq.). if 1 prepay this loan in full within 3 year(s) from the date of this loan, I agree to pay a prepayment penalty in an amount equal to 6.00% of the balance of the loan outstanding on the date of prepay Men This amount, known as a prepayment penalty, will be in addition to any other amounts I may owe under the provisions of the Note or the Security Instrument that secures the Note. If I make a prepayment in full on or after the 3rd anniversary date of the Note, the Note Holder will impose no prepayment penalty. alty. 'or (Y,4,-jto Randy S Berkheimer r 1-111-41 this K. Berkhei r 307581 EF059 (05+02) 11 nbnO646 ? ?o a w ? t_ f: N p rn: 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 Identification Number 16496 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Household Finance Consumer Discount Company 5701 Fast Hillsborough Avenue Tampa, FL 33610 V. Randy S. Berheimer 411 Brookview Court Mechanicsburg, PA 17050 and Cynthia K. Berkheimer 411 Brookview Court Mechanicsburg, PA 17050 Attorney for Plaintiff Cumberland County Court of Common Pleas Number 06-6851 PRAECIPE TO AMEND DEFENDANT'S NAME TO THE PROTHONOTARY: Kindly Amend Defendant's Name from Randy S. Berheimer to reflect Randy S. Berkheimer. Attorneys for Plaintiff TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Date: ?lllC?fQ ` C 7 ? ? ? ? ,. e ( _ ` ?:... ` fP ? ??. ? :» ??? ?? g "T .. -K't _-t ? "? K E r A' (`M3 "?. v.i [j"s McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company vs. Randy S. Berkheimer Cynthia K. Berkheimer Cumberland County Court of Common Pleas Number 06-6851 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 $137,879.54 Interest from 9/30/2006 - 1/23/2007 $ 4,562.28 TOTAL $142,441.82 MCCABE, ISBER AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, thistly t--ay ofJc? , 2001, Judgment is entered in favor of Y Plaintiff, Household Finance Consumer Discount Company and against Defendant(s) Randy S. Berkheimer and Cynthia K. Berkheimer and damages are assessed in the amount of $142,441.82, plus interest and costs. BY THE PROTHONOTARY: McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company vs. Randy S. Berkheimer Cynthia K. Berkheimer Cumberland County Court of Common Pleas Number 06-6851 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), Randy S. Berkheimer and Cynthia K. Berkheimer , is over eighteen (18) years of age, and resides at 411 Brookview Court, Mechanicsburg, PA 17050. MCC EISBE AND C NWAY, P.C. BY 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 23rd DAY OF Jan, 2007. R K2 ai? OTARY PUBLIC "' ?'c?TAR?AL S ??- F r TCNELL, Qia Phila. C? n., dune?, 2C Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 DEC-29-2006 08:10:42 ,. Last Name First/Middle Begin Date Active Duty Status Service/Agency BERKHEIMER Based on the information you have furnished, the 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. IA. Y)W? Ift DW?_ 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 "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 may be 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: http.//www.defense]i.nk m...i.1/face/t)is/PC09SI DR htmI WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/29/2006 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BIXIMJZKDEP https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/29/2006 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company vs. Randy S. Berkheimer Cynthia K. Berkheimer Cumberland County Court of Common Pleas Number 06-6851 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". SWORN TO AND SUBSCRIBED BEFORE ME THIS 23rd DAY OF Jan, 2007. MCC ?EIISBERO ADD CO 1WAY, P.C. BY: //JJ GG '' Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE c;Qt Laa'dj ARY PUBLIC GLORiA D b' r city Ot Phjisdf p MY Commissi- Lr i~' VERIFICATION The undersigned, ` V( < C? ' (,?{CC1?, ESQUIRE, hereby certifies that he is the attorney for the Plaintiff in the within action an 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 unworn falsification to authorities. McCABE, YVEISBERG AND CONW Y, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC 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 December 29, 2006 To Randy S. Berkheimer 411 Brookview Court PA 17050 Household Finance Consumer Discount Company vs. Randy S. Berkheimer and Cynthia K. Berkheimer Cumberland County Court of Common Pleas Number 06-6851 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 MAY BE 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 COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA sUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. 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 PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION 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 McCABE AND CONWAY, P.C. BY: Attorneys for Plaintf]Wr TERRENCE J. McCAB , ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJM/cmo "This letter is an attempt to collect a debt and any information obtained will be used for that purpose." OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary December 29, 2006 To: Cynthia K. Berkheimer 513 Richland Lane, Apt. 208 Camp Hill, PA 17011 Household Finance Consumer Discount Company vs. Randy S. Berkheimer and Cynthia K. Berkheimer County Court of Common Pleas Number 06-6851 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 MAY BE ENTERED AGAINST YOU W ITHOUT 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 LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. 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 INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION 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 McCABE, WEISBERG AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJM/cmo ** This letter is an attempt to collect a debt and any information obtained will be used for that purpose. ** OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary December 29, 2006 To: Cynthia K. Berkheimer 59 Johns Drive Enola, PA 17025 Household Finance Consumer Discount Company vs. Randy S. Berkheimer and Cynthia K. Berkheimer County Court of Common Pleas Number 06-6851 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 MAY BE ENTERED AGAINST YOU W ITHOUT 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 COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. 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 INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION 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 MCCABE, WEISBERG AND CONWAY, P.C. BY: y / Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJM/cmo ** This letter is an attempt to collect a debt and any information obtained will be used for that purpose. ** OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary December 29, 2006 To Randy S. Berkheimer 59 Johns Drive Enola, PA 17025 Household Finance Consumer Discount Company vs. Randy S. Berkheimer and Cynthia K. Berkheimer Cumberland County Court of Common Pleas Number 06-6851 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 MAY BE 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 COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. 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 LISTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. LISTED 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 INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDF, PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N 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 McCABE, WEISBERG AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJM/cmo ** This letter is an attempt to collect a debt and any information obtained will be used for that purpose. ** 1 7-J y? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Randy S. Berkheimer 411 Brookview Court Mechanicsburg, PA 17050 Household Finance Consumer Discount Company VS. Randy S. Berkheimer Cynthia K. Berkheimer Cumberland County Court of Common Pleas Number 06-6851 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Z Judgment by Default urtis g Prothonotary //3107 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. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013 Curtis R. Long Prothonotary To: Cynthia K. Berkheimer 5B Richland Lane, Apt. 208 Camp Hill, PA 17011 Household Finance Consumer Discount Company vs. Randy S. Berkheimer Cynthia K. Berkheimer Cumberland County Court of Common Pleas Number 06-6851 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. n urtis R. g Prothonotary //-; //a7 „k- 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 2151790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Household Finance Consumer Discount Company V. FILE NO.: 06-6851 Civil Term AMOUNT DUE: $142,441.82 Randy S. Berkheimer Cynthia K. Berkheimer TO THE PROTHONOTARY OF SAID COURT: INTEREST: from 1/24/2007 - 6/13/2007 $3,302.22 at $23.42 Per Diem ATTY'S COMM.: COSTS: 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) 59 Johns Drive 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: nature: Print Name: MCCABE, WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. ?o Y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6851 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From RANDY S. BERKHEIMER AND CYNTHIA K. BERKHEIMER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(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 $142,441.82 L.L. $.50 Interest FROM 1/24/07 - 6/13/07 - $3,302.22 AT $23.42 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $247.84 Other Costs Plaintiff Paid Date: JANUARY 31, 2007 (Seal) C s R. Long, P onotary By: REQUESTING PARTY: Name MARC S. WEISBERG, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 Deputy L 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 Household Finance Consumer Discount Company Plaintiff V. Randy S. Berkheimer and Cynthia K. Berkheimer Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 06-6851 AFFIDAVIT PURSUANT TO RULE 3129 I, `j V4 6 ? C"e/ 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: 59 Johns Drive, Enola, PA 17025 (Tax Parcel #09-15- 1288-362), a copy of the description of said property is attached hereto and marked as Exhibit "A." Name and address of Owners or Reputed Owners: Name Randy S. Berkheimer Cynthia K. Berkheimer Address 411 Brookview Court Mechanicsburg, PA 17050 513 Richland Lane, Apt. 208 Camp Hill, PA 17011 .A. 2. Name and address of Defendants in the judgment: 3. 4. 5 6. Name Randy S. Berkheimer Cynthia K. Berkheimer Address 411 Brookview Court Mechanicsburg, PA 17050 5B Richland Lane, Apt. 208 Camp Hill, PA 17011 Name and last known address of everyjudgment 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. Household Realty 25 Gateway Drive Corporation Gateway Square/Suite 107 Mechanicsburg, PA 17055 Household Realty 961 Weigel Drive Corporation Elmhurst, IL 60126 Attn: Foreclosure Department 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 f 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 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 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 59 Johns Drive, 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales 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 23, 2007 MCC WEISBE , AND C NWAY, P.C. BY. T, Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE n ? ?`? _?. ? ,_-. ? - ? ---? _ t-, _ , ?' 10 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company VS. Cumberland County Court of Common Pleas Number 06-6851 Randy S. Berkheimer Cynthia K. Berkheimer NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Randy S. Berkheimer 411 Brookview Court Mechanicsburg, PA 17050 Cynthia K. Berkheimer 5B Richland Lane, Apt. 208 Camp Hill, PA 17011 Your house (real estate) at 59 Johns Drive, Enola, PA 17025 (Tax Parcel #09-15-1288- 362) , is scheduled to be sold at Sheriffs Sale on June 13, 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 $142,441.82 obtained by Household Finance Consumer Discount Company 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 Household Finance Consumer Discount Company, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 2. 3. 4 If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C. at (215) 790- 1010. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 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 McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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 COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 OR CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 --? 4 .? -? - ?_r : ' ? ? .. i • r r,. i ? =: J+ ' f ? ?j, r?s y?? ??ry 'V "" '.3 SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06851 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS BERKHEIMER RANDY S ET AL 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 BERKHEIMER RANDY S but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT 59 JOHNS DRIVE NOT FOUND , as to BERKHEIMER RANDY S ENOLA, PA 17025 59 JOHNS DRIVE IS VACANT. Sheriff's Costs: So answers: Docketing 18.00 Service 13.20 Not Found 5.00 R. T omas ine Surcharge 10.00 Sheriff of Cu erland County .00 46.20,/ MCCABE WEISBERG CONWAY 12/12/2006 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06851 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS BERKHEIMER RANDY S ET AL 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 unable to locate Her in his bailiwick. /T/l1-T T TXTm AxrN ]m 11t,%n V U was He therefore returns the the within named DEFENDANT 59 JOHNS DRIVE ENOLA, PA 17025 59 JOHNS DRIVE IS VACANT. , NOT FOUND , as to BERKHEIMER CYNTHIA K Sheriff's Costs: So answer Docketing 6.00 Service .00 Not Found 5.00 R. Tho as ine Surcharge 10.00 Sheriff of C erland County .00 21.00,/ MCCABE WEISBERG CONWAY ,23.61 12/12/2006 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06851 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS BERKHEIMER RANDY S ET AL 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 BERKHEIMER CYNTHIA K but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 411 BROOKVIEW COURT , NOT FOUND , as to BERKHEIMER CYNTHIA K MECHANICSBURG, PA 17050 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answers: Docketing 6.00 Service .00 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cu erland County .00 21.00? MCCABE WEISBERG CONWAY lha kj ( , 12/12/2006 , , Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-06851 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS BERKHEIMER RANDY S ET AL 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 T1T+'VVWWTMTH'T? TJWNMV q but was unable to locate Him in his bailiwick. He therefore returns the rll'%ARTlT TTTTT Mnnm Ln0V NOT FOUND , as to the within named DEFENDANT , BERKHEIMER RANDY S 5B RICHLAND LANE APT 208 CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: So answers: Docketing 6.00 Service 13.20 Not Found 5.00 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County .00 34.20 MCCABE WEISBERG CONWAY J1a31o-7 ( ],__ 12/12/2006 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06851 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS BERKHEIMER RANDY S ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BERKHEIMER RANDY S the DEFENDANT , at 1945:00 HOURS, on the 8th day of December-, 2006 at 411 BROOKVIEW COURT MECHANICSBURG, PA 17050 by handing to VICKI BERKHEIMER, MOTHER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 11.44 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 27.44 12/12/2006 MCCABE WESIBER AY Sworn and Subscibed to By: before me this day D puty Sheri of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-06851 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS BERKHEIMER RANDY S ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BERKHEIMER CYNTHIA K the DEFENDANT at RITE AID at 1619:00 HOURS, on the 8th day of December-, 2006 SUMMERDALE PLAZA ENOLA, PA 17025 CYNTHIA BERKHEIMER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT DOES LIVE AT 5B RICHLAND LANE APT 208 Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 12/12/2006 MCCABE WEISBER O AY ?... By: Deputy Sheriff A. D. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company vs. Randy S. Berkheimer Cynthia K. Berkheimer Cumberland County Court of Common Pleas Number 06-6851 AFFIDAVIT OF SERVICE I, Undersigned, attorney for the Plaintiff in the within matter, hereby certify that on the 13`h day of April , 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 13`h DAY OF APRIL, 2007. ARYPXIBLIC COMMONWEALTH OF PEWNSYCVANIA Notarial Seal Susan J. Ma*owhz, Notary Public City Of Phbbs k, ftladelphia County My Commission Expires Feb. 13, 2011 Member, Pennsylvania Association of Notaries McCABE? WEIR ERG ND =?Y, 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 Household Finance Consumer Discount Company Plaintiff V. Randy S. Berkheimer and Cynthia K. Berkheimer Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 06-6851 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: 59 Johns Drive, Enola, PA 17025 (Tax Parcel #09-15-1288-362), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Address Randy S. Berkheimer 411 Brookview Court Mechanicsburg, PA 17050 Cynthia K. Berkheimer 5B Richland Lane, Apt. 208 Ca , PA 011 I it A 2. Name and address of Defendants in the t. 3 4 5 6 7 Name Randy S. Berkheimer Cynthia K. Berkheimer Address 411 Brookview Court Mechanicsburg, PA 17050 5B Richland Lane, Apt. 208 Camp Hill, PA 17011 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. Household Realty 25 Gateway Drive Corporation Gateway Square/Suite 107 Mechanicsburg, PA 17055 Household Realty 961 Weigel Drive Corporation Elmhurst, IL 60126 Attn: Foreclosure Department Name and address of every other person who has any record lien on the property: Name Address None Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Ad None Exhibit, A 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 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 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 59 Johns Drive, 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 Clearance Support Department 281230 Harrisburg, PA 171.28-1230 ATTN: Sheriffs Sales 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. April 13, 2007 McCABE, W ISBERG, N?JCON AY, P.C. BY: u?C GG Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAk SQUIii I It, As MA T G bRO, 2 it N U 1 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff Household Finance Consumer Discount Company vs. Randy S. Berkheimer Cynthia K. Berkheimer Cumberland County Court of Common Pleas Number 06-6851 DATE: April 13, 2007 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Randy S. Berkheimer and Cynthia K. Berkheimer PROPERTY: 59 Johns Drive, Enola, PA 17025 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 13, 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. EXHURr "B" o??z A W •-?r ? ? ry w J ? N u p G' 00 WC, N o_ Z o A7 '? N 6 a ? ? rCL (D ? G w O W O ona F O i Ny 7 A w iJ Ao "Z o C -° noaEl on Mme' DCI'wvo o o' err ?^ ^n x odC? w ?G d o? g ° "?; C, CC: _ o _ -1 T O o to C? Rro o? ? C11 . w S ? w r -, xo?]y O wco???° ? ? ?° 3 °?NN?? ?mho Yxn7n so ?co o w p?cr° r-v , w mf0 rn 3 ao=• n W coo ?n Sao r vz i? o ru a o n ro : o w w 3 cn •+ o• o o ro ° ci. H v°, `w+ r0 < m " 3 py ° < C7 6 o y G o Qo o =S o b .c ar-):3 ? YNCA o t^U? c GN R- d a r-):3 ,-m ro ?% a w qa ? a 7. w G ry w 3 x ro ro 0 u£ co F N CAC In f, o F - ° NnC7°=A (ro oo pwwp?d ? Q° ?vfD p tip-- "oC)m r' Cp ?o ?,? p,T-. -oac?'?A• Y ° v, ro r?ro.: -ova 7 py(14O Y?o?ofK<= 9?'r.? co ° do n Yom. op o _q co wo7co= y00 3 n yr oo vc wJro ?o6Coo .++?o ?*• w .?? b o jro OnL "? DZ7 w .? .D O "' O fl, a v ;S y G "'? ?p ??.i'y' A 70 ry S. ?' 3 O? ° ^y _ as F u5. o ?. w Nd _ _n? ?n 1j° ?' cno 0 0, ° ry w o• = ?. ti A 00 a c - n C. ti cc a a cm N 3 n w 7 3 z? 3 ? ? v'.-'1 :.? R Qua a urur?b -f-?? '\ a p y m 9? _' 3 ? a , ?aY = s 0 E "r _ zaO?4Q +-5= 5, ? yy M' ? T '-V N C= d CE -n mc ( t N COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Arlington Loan Serv LLC is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 31 st day of Jan, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6851, at the suit of Household Fin C D C against Randy S Berkheimer & Cynthia K is duly recorded in Deed Book No. 281, Page 486. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 07 ? day of A.D..R0 d 4woft of Deed., Curs WWW Cou *. CW*, PA * Comrr"M E,*os the FW Monday Of Jan. 2010 Recorder of Deeds Household Finance Consumer Discount In the Court of Common Pleas of Company Cumberland County, Pennsylvania VS Writ No. 2006-6851 Civil Term Randy S. Berkheimer and Cynthia K. Berkheimer William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 26, 2007 at 1805 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Randy S. Berkheimer, by making known unto Randy Berkheimer, personally, at 411 Brookview Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Cpl. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1954 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Cynthia K. Berkheimer, by making known unto Charles Glessner, adult roommate of Cynthia K. Berkheimer, at 5B Richland Lane, Apt. 208, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1143 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 Randy S. Berkheimer and Cynthia K. Berkheimer, located at 59 Johns Drive, 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 defendants, to wit: Randy S. Berkheimer and Cynthia K. Berkheimer, by regular mail to their last known address of 411 Brookview Court, Mechanicsburg, PA 17050 and 5B Richland Lane, Apt. 208, Camp Hill, PA 17011, respectively. These letters were mailed under the date of April 3, 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 June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $98,900.00 to Ann Gatchell on behalf of Arlington Loan Servicing, LLC. It being the highest bid and best price received for the same, Arlington Loan Servicing, LLC of 4 State Road, #520, Media, PA 19063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $104,307.82. Sheriffs Costs: Docketing $30.00 Poundage 1,978.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 39.36 Levy 15.00 Surcharge 30.00 Law Journal 443.00 Patriot News 381.95 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $3,087.48 ? -it &Aggte R. Thomas Kline, Sheriff BYi Real Estate ergeant f 'L L47. C-- S j 9 G ? 83 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 Household Finance Consumer Discount Company Plaintiff V. Randy S. Berkheimer and Cynthia K. Berkheimer Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Number 06-6851 AFFIDAVIT PURSUANT TO RULE 3129 `714 ???` ?j C Esquire, attorney for Plaintiff in the above action, set forth as of the date the Praccipe for the Writ of Execution was filed the following information concerning the real property located at: 59 Johns Drive, Enola, PA 17025 (Tax Parcel #09-15- 1288-362), a copy of the description of said property is attached hereto and marked as Exhibit "A." 1. Name and address of Owners or Reputed Owners: Name Randy S. Berkheimer Address 411 Brookview Court Mechanicsburg, PA 17050 Cynthia K. Berkheimer 5B Richland Lane, Apt. 208 Camp Hill, PA 17011 r 2. Name and address of Defendants in the judgment: Name Address Randy S. Berkheimer 411 Brookview Court Mechanicsburg, PA 17050 Cynthia K. Berkheimer 5B Richland Lane, Apt. 208 Camp Hill, PA 17011 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. Household Realty 25 Gateway Drive Corporation Gateway Square/Suite 107 Mechanicsburg, PA 17055 Household Realty 961 Weigel Drive Corporation Elmhurst, IL 60126 Attn: Foreclosure Department 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Domestic Relations Cumberland County Commonwealth of Pennsylvania Address 59 Johns Drive, Enola, PA 17025 P.O. Box 320 Carlisle, PA 17013 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 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales 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 23.2007 McC WEISBE}? , AND C NWAY, P.C. BY: - ` Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE NjeCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 a ` 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 Household Finance Consumer Discount Company VS. Randy S. Berkheimer Cynthia K. Berkheimer Cumberland County Court of Common Pleas Number 06-6851 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Randy S. Berkheimer 411 Brookview Court Mechanicsburg, PA 17050 Cynthia K. Berkheimer 513 Richland Lane, Apt. 208 Camp Hill, PA. 17011 Your house (real estate) at 59 Johns Drive, Enola, PA 17025 (Tax Parcel #09-15-1288- 362), is scheduled to be sold at Sheriffs Sale on June 13, 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 $142,441.82 obtained by Household Finance Consumer Discount Company 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 Household Finance Consumer Discount Company, the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY • AND YOU 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 McCabe, Weisberg and Conway, P.C. at (215) 790- 1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. 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. 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 COURT ADMINISTRATOR 4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 (717) 240-6200 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northern right-of-way line of Johns Drive, at the northwest comer of lot No. 219 on the hereinafter described Final Subdivision Plan; THENCE along the western line of said Lot No. 219, South 08 degrees 25 minutes 00 seconds East, a distance of 116.74 feet to a point on the northern line of land n/f Donald E. Ross and Fawn C. Ross; THENCE along the northern line of said Ross land, South 81 degrees 35 minutes 00 seconds West, a distance of 24.00 feet to a point at the southeast corner of Lot No. 221 on the hereinafter described Final Subdivision Plan; THENCE along the eastern line of said Lot No. 221, North 08 degrees 25 minutes 00 seconds West, a distance of 116.74 feet to a point on the southern right-of-way line of Johns Drive; THENCE along the southern right-of-way line of Johns Drive, North 81 degrees 35 minutes 00 seconds East, a distance of 24.00 feet to a point at the northwest corner of Lot No. 219 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,802.00 square feet, more or less. BEING Lot No. 220, Final Subdivision Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds Cumberland County, Pennsylvania, In Plan Book 83, Page 113. BEING improved with a townhouse dwelling known as 59 Johns Drive. BEING KNOWN AS 59 Johns Drive, Enola, PA 17025 Being the same premises which Laurel Hills Development Corp., a Pennsylvania Corporation, by deed dated the 4/24/2003, and recorded 4/28/2003 in the Office of the Recorder in and for Cumberland County in Deed Book 256, Page 3656, granted and conveyed to Randy S. Berkheimer and Cynthia K. Berkheimer, in fee. TAX MAP PARCEL NUMBER: 09-15-1288-362 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6851 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From RANDY S. BERKHEIMER AND CYNTHIA K. BERKHEIMER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $142,441.82 L.L. $.50 Interest FROM 1/24/07 - 6/13/07 - $3,302.22 AT $23.42 PER DIEM Atty's Comm % Atty Paid $247.84 Plaintiff Paid Due Prothy $1.00 Other Costs Date: JANUARY 31, 2007 (Seal) Curtis R. Long, P o ary By: Deputy REQUESTING PARTY: Name MARC S. WEISBERG, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 Real Estate Sale # 60 On March 8, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 59 Johns Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 8, 2007 By: Real Esta Sergeant 10 :01 \V-' S 1 03J 1001 SCHEDULE OF DISTRIBUTION SALE NO.. 60 Date Filed: July 13, 2007 Writ No. 2006-6851 Civil Term Household Finance Consumer Discount Company VS Randy S. Berkheimer and Cynthia K. Berkheimer 59 Johns Drive Enola, PA 17025 Sale Date: June 13, 2007 Buyer: Arlington Loan Servicing, LLC Bid Price: $98,900.00 Real Debt: $142,441.82 Interest: 3,302.22 Attorney Writ Costs: 247.84 Total: $145,991.88 DISTRIBUTION: Receipts: Cash on account (03/08/2007): $ 1,500.00 Cash on account (06/13/2007): 9,890.00 Cash on account (06/28/2007): 94,417.82 Total Receipts: $105,807.82 Disbursements: Sheriffs Costs $3,087.48 Legal Search 200.00 Transfer Tax, Local 1,614.91 Transfer Tax, State 1,614.91 Debbie Lupold, Tax Collector 2,106.74 East Pennsboro Township 799.35 Attorney Marc Weisberg 1,500.00 Household Finance Consumer 94,884.43 Discount Company Total Disbursements: ($105,807.82) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff . I SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 60, held June 13, 2007 EFFECTIVE DATE: June 18, 2007 PREMISES: 59 Johns Drive, Enola, Pennsylvania 17025 (the "Premises"), tax parcel No. 09-15-1288-362. RECITAL: Being the same premises which Laurel Hills Development Corp. by its Deed dated April 24, 2003 and recorded April 28, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 256, Page 3656, granted and conveyed unto Randy S. Berkheimer and Cynthia K. Berkheimer, husband and wife. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All real Estate taxes on the Premises assessed but not billed, including, but not limited to, those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $129,900.00 from Randy S. Berkheimer and Cynthia K. Berkheimer to EquiFirst Corporation dated April 25, 2003 and recorded April 28, 2003 in Mortgage Book 1808, Page 625, assigned December 13, 2006 in Misc. Book 732, Page 3743 to Household Finance Consumer Discount Company. -2- 21. Mortgage in the amount of $16,000.00 from Randy S. Berkheimer and Cynthia K. Berkheimer to Household Realty Corporation dated September 24, 2004 and recorded October 7, 2004 in Mortgage Book 1883, Page 2315. 22. Judgment against Randy S. Berkheimer and Cynthia K. Berkheimer in favor of Household Finance Consumer Discount Company in the amount of $142,441.82 entered January 31, 2007 to No. 2006-6851. 23. Judgment against Randy S. Berkheimer and Cynthia K. Berkheimer in favor of East Pennsboro Township in the amount of $642.85 entered May 21, 2007 to No. 2007-3057. 24. Declarations in Misc. Book 681, Page 601. 25. All building setback lines, easements, notes, conditions and all matters appearing in Plan Book 83, Page 113, Phase 5 of Laurel Hills North. 26. Rights granted to Pennsylvania-American Water Company in Misc. Book 680, Page 44. 27. Rights granted PPL Utilities Corporation and Verizon Pennsylvania, Inc. in Misc. Book 680, Page 4897. 28. Rights granted Verizon Pennsylvania, Inc. and PP&L in Misc. Book 684, Page 2723. 29. Rights granted Comcast Cable TV Company in Misc. Book 693, Page 802. 30. Rights granted Pennsylvania Power & Light Company and the Bell Telephone Company of Pennsylvania in Misc. Book 350, Page 427. 31. Rights granted Pennsylvania Power & Light Company and Bell-Atlantic Pennsylvania, Inc. in Misc. Book 473, Page 738, Misc. Book 479, Page 1158, Misc. Book 480, Page 1033, Misc. Book 454, Page 23 and in Misc. Book 551, Page 612. 32. Rights granted Pennsylvania Power & Light Company in Misc. Book 59, Page 273, Misc. Book 59, Page 275, Misc. Book 235, Page 232 and Misc. Book 350, Page 708. 33. Rights granted East Pennsylvania Township Authority in Misc. Book 168, Page 600, assigned in Misc. Book 230, Page 851 to East Pennsboro Township. 34. Rights granted Pennsylvania Department of Transportation in Misc. Book 226, Page 283. 35. Rights granted Sammons Communication of PA, Inc. in Misc. Book 483, Page 934 and in Misc. Book 508, Page 865. -3- 36. Rights granted Township of East Pennsboro in Deed Book 167, Page 507 and Deed Book 167, Page 515. 37. Assignment of Leases in Misc. Book 600, Page 623 as amended in Misc. Book 608, Page 481. 38. Rights granted PP&L, Inc. in Misc. Book 610, Page 516. 39. The rights of others in and to any common elements. 40. Subject to the easements and restrictions in Deed Book 256, Page 3657. 41. Subject to the rights of others in and to any portion of the Premises adjoining or within Johns Drive. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: I/ Keith O. Brenneman -4- REAL ESTATE SALE NO. 60 Writ No. 2006-6851 Civil Household Finance Consumer Discount Company vs. Randy S. Berkheimer and Cynthia K. Berkheimer Atty.: Marc Weisberg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Town- ship of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point on the northern right-of-way line of Johns Drive, at the northwest corner of lot No. 219 on the hereinafter de- scribed Final Subdivision Plan; THENCE along the western line of said Lot No. 219, South 08 degrees 25 minutes 00 seconds East, a dis- tance of 116.74 feet to a point on the northern line of land n/f Donald E. Ross and Fawn C. Ross; THENCE along the northern line of said Ross land, South 81 degrees 35 minutes 00 seconds West, a dis- tance of 24.00 feet to a point at the southeast corner of Lot No. 221 on the hereinafter described Final Sub- division Plan; THENCE along the eastern line of said Lot No. 221, North 08 degrees 25 minutes 00 seconds West, a distance of 116.74 feet to a point on the southern right- of-way line of Johns Drive; THENCE along the southern right-of-way line of Johns Drive, North 81 degrees 35 minutes 00 seconds East, a dis- tance of 24.00 feet to a point at the northwest comer of Lot No. 219 on the hereinafter described Final Sub- division Plan, the point and place of BEGINNING. CONTAINING 2,802.00 square feet, more or less. BEING Lot No. 220, Final Sub- division Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July 12. 2001, recorded in the Office of the Recorder of Deeds Cumberland County, Pennsylvania, in Plan Book 83, Page 113. BEING improved with a town- house dwelling known as 59 Johns Drive. BEING KNOWN AS 59 Johns Drive, Enola, PA 17025. Being the same premises which Laurel Hills Development Corp., a Pennsylvania Corporation, by deed dated the 4/24/2003, and recorded 4/28/2003 in the Office of the Re- corder in and for Cumberland County in Deed Book 256, Page 3656, granted and conveyed to Randy S. Berkheimer and Cynthia K. Berkheimer, in fee. TAX MAP PARCEL NUMBER 09- 15-1288-362. EXHIBIT A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH 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: April 20, 27 & May 4, 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. Za'11-1, a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 Lr„^ 7 ,hrc n , ? REAL ESTATE SALE NO. 60 Writ No. 2006-6851 Civil Household Finance Consumer Discount Company VS. Randy S. Berkheimer and Cynthia K. Berkheimer Atty.: Marc Weisberg LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Town- ship of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point on the northern right-of-way line of Johns Drive, at the northwest corner of lot No. 219 on the hereinafter de- scribed Final Subdivision Plan; THENCE along the western line of said Lot No. 219, South 08 degrees 25 minutes 00 seconds East, a dis- tance of 116.74 feet to a point on the northern line of land n/f Donald E. Ross and Fawn C. Ross; THENCE along the northern line of said Ross land, South 81 degrees 35 minutes 00 seconds West, a dis- tance of 24.00 feet to a point at the southeast corner of Lot No. 221 on the hereinafter described Final Sub- division Plan; THENCE along the eastern line of said Lot No. 221, North 08 degrees 25 minutes 00 seconds West, a distance of 116.74 feet to a point on the southern right- of-way line of Johns Drive; THENCE along the southern right-of-way line of Johns Drive, North 81 degrees 35 minutes 00 seconds East, a dis- tance of 24.00 feet to a point at the northwest corner of Lot No. 219 on the hereinafter described Final Sub- diviaion Plan, the point and place of BEGINNING. CONTAINING 2,802.00 square feet, more or less. BEING Lot No. 220, Final Sub- division Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds Cumberland County, Pennsylvania, in Plan Book 83, Page 113. BEING improved with a town- house dwelling known as 59 Johns Drive. BEING KNOWN AS 59 Johns Drive, Enola, PA 17025. Being the same premises which Laurel Hills Development Corp., a Pennsylvania Corporation, by deed dated the 4/24/2003, and recorded 4/28/2003 in the Office of the Re- corder in and for Cumberland County in Deed Book 256, Page 3656, granted and conveyed to Randy S. Berkheimer and Cynthia K. Berkheimer, in fee. TAX MAP PARCEL NUMBER 09- 15-1288-362. 01 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin; ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of April and the 2nd day(s) of May 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 SALE#60 Sworn to and subscribed before me this 18th day of May 2007 A.D COMMONWEALTH OF PENNSYLVANIA Notarial Seal ferry L. Russell, Notary Public i1y Of Harrisburg, Dauphin County Comm' ' n Expires June 6, 2010 mb , P0 vlvania Association of Notaries NOTARY CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 rt w' 9i of Lt W, 7m 1 ? (ECi t6 t vom tw 000* twof Md Pik VOL a ?reali 91ila?c 1? t ?1-?Iu cow d ? Le 4 rho 400 'wowwu mop? a [fir g atat;io as tbe POW meae ar a(dmc ? bow Os ' SCHEDULE OF DISTRIBUTION SALE NO. 60 Date Filed: September 13, 2007 Writ No. 2006-6851 Civil Term ? q"' 9/4"1 HouseholdTlnance Consumer Discount Company VS Randy S. Berkheimer and Cynthia K. Berkheimer 59 Johns Drive Enola, PA 17025 Sale Date: Buyer: Bid Price: Real Debt: Interest: Attorney W June 13, 2007 Arlington Loan Servicing, LLC $98,900.00 $142,441.82 3,302.22 rit Costs: 247.84 Total: $145,991.88 DISTRIBUTION: Receipts: Cash on account (03/08/2007): $ 1,500.00 Cash on account (06/13/2007): 9,890.00 Cash on account (06/28/2007): 94,417.82 Total Receipts: $105,807.82 t Disbursements: Sheriff s Costs $3,087.48 Legal Search 200.00 Transfer Tax, Local 1,614.91 Transfer Tax, State 1,614.91 East Pennsboro Township 799.35 Attorney Marc Weisberg 1,500.00 Household Finance Consumer 96,991.17 Discount Company Total Disbursements: ($1059,807.82) Balance for distribution: 0.00 So Answers: 410 i ?4? R. Thomas Kline Sheriff