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HomeMy WebLinkAbout06-7280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED- CERTIFICATES, SERIES 2005-HE11, Plaintiff, VS. CIVIL DIVISION NO. : 01j- - ?.Z Pv TYPE OF PLEADING C - '7?Aj, t(j,L CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE JILL K. WHITMYER, Defendant. FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, et al. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTORNEY FOR LAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 AND THE DEFENDANT IS: 707 Veronica Lane En PA 1702 L-11" LI/11161 'ble- L /vw_ 'd, ) ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS Township of East Pennsboro (CITY, BORO, Ty SHIP, WARD) AT RNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES NO.: I LLC, ASSET BACKED- CERTIFICATES, SERIES 2005-HEll, Plaintiff, Vs. JILL K. WHITMYER, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICES CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (800) 990-9108 SHERIFF'S RETURN - REGULAR CASE NO: 2006-07280 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS WHITMYER JILL K DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WHITMYER JILL K the DEFENDANT at 1726:00 HOURS, on the 2nd day of January 2007 at 707 VERONICA LANE ENOLA, PA 17025 by handing to JILL WHITMYER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 13 . 2 0%??" .00 10.00 R. Thomas Kline .00 41.20 01/03/2007 . or, GRENEN & BIRSIC Sworn and Subscibed to I-Pbo By: before me this day Deputy Sheriff of , A.D. I I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED- CERTIFICATES, SERIES 2005-HE11, CIVIL DIVISION NO. : Q(. - Plaintiff, VS. JILL K. WHITMYER, Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE LaSalle Bank National Association, as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed- Certificates Series 2005-HE11, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is LaSalle Bank National Association, as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates Series 2005-HE11, which has its principal place of business at 909 Hidden Ridge Drive, Suite 200, Irving, TX 75038 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant is Jill K. Whitmyer whose last known address is 707 Veronica Lane, Enola, Pennsylvania 17025. 3. On or about June 23, 2005, Defendant executed an Adjustable Rate Note (hereinafter "Note") in favor of Oak Street Mortgage, Inc. in the original principal amount of $238,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about June 23, 2005, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as Nominee for Oak Street Mortgage, Inc. a Mortgage in the original principal amount of $238,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on July 1, 2005 in Mortgage Book Volume 1913, Page 89. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Mortgage Electronic Registration Systems, Inc. assigned all its right title and interest in and to aforesaid Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage. 6. Defendant is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the August 1, 2006 payment. t ? 8. On or about January 13, 2006, Defendant was mailed Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 (Act 91 Notice) by first class mail, postage prepaid and certified mail, return receipt requested (Article Number 0000170066)in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. 1101, et seq., as a result of sending the Act 91 Notice. 10. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 235,751.81 Interest to 12/13/06 $ 7,816.07 Late Charges to 12/13/06 $ 405.57 Escrow Deficiency to $ 19.90 12/13/06 Corporate Advances $ 263.05 NSF Fees $ 40.00 Attorney's fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $ 248,046.40 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $248,046.40 with interest thereon at the rate of $47.63 per diem from December 13, 2006, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. f 62 L ?? BY: Kri tine M. Anth Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ADJUSTABLE RATE NOTE (LIBOR Six-Month Index (As Published In The Wall Street Journal)-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. Jane 23, 2003 ENOLA Pennsylvania [Date] [City] [State] 707 VERONICA LANE ENOLA, PA 17020 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 238,000.00 (this amount is called "Principal'j, plus interest, to the order of Lender. Lender is Oak Street Mortgage, Inc. I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.3750%. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(3) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on August 01, 2005 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on July 01, 2035 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Oak Street Mortgage, Inc., 11595 N. MERIDIAN ST., SUITE 400, CARMEL, IN 46032 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 1,643.81 . This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The. Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE RATE NOTE-LIBOR SIR-MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAI)- Single Family-Fannie Mae UW[brm Instrument Fenn 3520 MI. rrEMMOL1 (0011) (Page 1 of4pages) ToO*rCdl:141DO-MOMOFaic9le-791N18, 100331700901437406 0090143749 0 0 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the fast day of July 2007 , 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 figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called 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 Five and Three Eighths percentage points ( 5.3750%) 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 new 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 amount 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 10.3750% or less than 7.3750%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One percentage points ( 1.0000%) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 14.3750%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning 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 interest rate 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 to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY "See attached Addendum to Note I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitter) limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. Form 35201A1 3REATLAND ¦ rrEM 575012 (0011) (Page 2 of 4 pages) To Order OWL 1-8004SOM O Fie 818.791-1131 0090143748 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay die overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of than conditions read as follows: 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 purchaser. Form 35401101 QREATLAND ¦ REM 57601.3 (0011) (Page 3 of 4 pages) To Order Celt 1.000-590.093 O tax 81e-791.1131 0090143748 0 • 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. 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 agreement 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 Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note 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. The notice shall 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. Borrower has executed and acknowledges receipt of pages 1 through 4 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED K WHITMYER -Borr eal) ower -(Seal) -Borrower (Seal) (Seal) -Borrower -Borrower -(Seal) (Seal) -Borrower -Borrower ** See ADDENDUM TO NOTE for Modifications and Additional Disclosures (l Original Only] Space Below Line For Lender Use Only Without Recourse Pay To The Order Of Oak ortgsge, lac. oh d ortgage,Inc. ty5ral JAI I ,0? UVIL?k; C Form 35201/01 13REAM AND ¦ REM 57SM4 (0011) (Page 4 of 4 pages) To Order Cell: i-800.800 9898 D(as 918.791-1191 0090143748 a3y-?°Q j Prepared By:.-, ' (-2 Oak Street Mortga , Inc. 11595 N. MERIDIAN ST., SUITE 400 CARMEL, IN 46032 XOW 06 do" As Ccos?GF•R Return To: zIEGL! R l?CCORDF-11 OF DEEDS :,2 ERL4!:D CO!"!:Ty r zoos JUL I PM 2 37, Service Link 4000 Industrial Boulevard 1?( Aliquippa, PA 15001 1-800-439-5451 A'10,5930 Parcel No.: 09-12-2992-244 [Space Above This Line For Recording Data] MORTGAGE MIN: 100331700901437486 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 dated all Riders to this document. (B) "Borrower" is JILL K WHITMYER, As A Single Woman Borrower is the mortgagor under this Security Instrument. June 23, 2005 , together with (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERE 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) 679-MERS. (D) "Lender" is Oak Street Mortgage, Inc. Lender is a CORPORATION organized and existing under the laws of DELAWARE . Lender's address is 11595 N. MERIDIAN ST., SUITE 400, CARMEL, IN 46032 (E) "Note" means the promissory note signed by Borrower and dated June 23, 2005 The Note states that Borrower owes Lender Two Hundred Thirty Eight Thousand and no/100 Dollars (U.S. $238,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 01, 2035 PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mac UNEFORM INSTRUMENT Form 30391/01 Greafteem ITEM 27e0L1 (0501 ?-WRS (Page 1 of 14 pages) To Order Cat 14004*6"5 000014374! B1913PGO089 ? (F) "Property" means the properly 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. The following Riders are to be executed by Borrower [check box as applicable]: ?X Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? Other(s) [specify] p 1-4 Family Rider ? Biweekly Payment 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 law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Associstlon Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (IQ "Electronic Funds Transfer" means any transfer of finds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated tbrough 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" mans 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. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 at seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended fi+om time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all 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. PENNSYLVANIA-Single Family-Faoak Mae/Freddle Mae UNIFORM INSTRUMENT ITEM 27001.2 (0601-HERD (Page 1 of 14 pages) Farm 30391/01 aresto?ft To Order Call. 1400411111-M5 0090143748 01119 M0094 3 (Q) "Successor in Interest of Borrower" means any party that has taken title to flee Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the County [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction] SEE LEGAL DESCRIPTION ATTACHED which currently has the address of 707 VERONICA LANE [Street) ENOLA , Pennsylvania 17025 ("Property Address"): [City] (zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to The interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender 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. 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. PENNSYLVANIA-Single Family-Fanab Mae/Freddle Mae UNIFORM INSTRUMENT Form 30391/01 OnatOeasw ITEM 27500 (0601 }-HERS (Page 3 of 14 pages) To Oidw Colt 14KO469 M 000014374E SK1913PGO091 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 Nate 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 Lender 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 flmds 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 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 Payments 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 alien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower PENNSYLVANIA-Single Family-Fannie MadFreddle Mae UNIFORM INSTRUMENT Fore, 30391/01 G estoo m ITEM 278014 (0501 }-MERE (Page 4 of 14 pages) To Order Ca11:148004ebd776 0090143748 8K191M0092 shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in 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 famish 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 Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 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 Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instzumentality, 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 Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be 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 make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower 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 manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of 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 Lender 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. PENNSYLVANIA--Single Family-Faanle Mae/Freddte Mae UNIFORM INSTRUMENT Form 3039 1/01 OnalDooaw ITEM 2700L6 (0601 )-MERE (Page 5 of 1I pages) To Order Cmih 14NXMN 84776 0090143748 BK1913PG0093 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 insruarwe. This his== 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 cagier providing the insurance shall be chosen by Borrower subject to Leader'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 remappiriggs 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. 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 might 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 might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate fi+orn the date of disbursement and shall be payable, with such interest, upon notice fi om Lenderto 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 form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender 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. Fees 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 sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. 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 PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 30391/01 GnnlDooa° ITEM 2ML5 (0501 ?- ERS (Page 6 of 14 pages) To OnfuCalk 14K*4N T75 00!0143748 ?t 1913PGOO94 . 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. 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. 7. Preservation, Maintenance and Protection of the Property; I=pecti0nL Borrower shall not 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 condemnation 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 repairs 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 make 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 Leader (or failed to provide Lender 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 Rights 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, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. PENNSYLVANIA-Single Family-Fanak Mae/Freddle Mae UNIFORM INSTRUMENT Form 30391/01 araal)eaa*' ITEM 2760L7 (0601 I--MERa (Page 7 of 14 pages) To Order Calt 1.400 ld775 0090143748 ?Itt9I3PG0095 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 Lander 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 leasehold 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. 14 for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain 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 requites) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requites separately designated payments toward the premiums for Mortgage Insurance. If Lender 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 Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's, obligation to pay interest at the rate provided 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 force 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 satisfitctory to the mortgage insurer and the other party (err parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fluids 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 reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for 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 of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (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 1998 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 automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 GrutDocam ITEM ZMLS (0601 }-HERS (Page 8 of I4 pages) To Oidw Cat 140046""6 0000143744 au1913PG0096 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 sball 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 Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Leader'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 greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (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 ii, 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 Lender within 30 days after the date the notice is given, Leader 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 acceleation has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. 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 PENNSYLVANIA-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 30391/01 ITEM 27WL9 (0601 ?-MERS (page 9 of 14 pages) To Order Crab 140040&6775 0090143746 BK19.11PGO09.7' of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successor; 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 make 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 deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless 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; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391/01 GrentDo"M ITEM 2ML10 (0601 "ERB (Page 10 of U pages) To Order Colt 1.800-06&5775 0090143748 UI U913 PG 0 0'98 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 siletit, 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 Inst ument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the phual and vice versa; and (c) the word "may" gives sole discmdon 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 Benefldal 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 purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without 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 shall 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 sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions 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 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 18. 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 Serviceel 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. There 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 PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 anaWaoew ITEM 278MI1 (0601 f-MERS (Page 11 of 14 pages) . To 01dw Cali 14KX)4M T75 0000143748 Q>to-1913UP UP 0099 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. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender firrther covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a defauk 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 PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 30391/01 OrentDoos^r ITEM 270OL12 (0601)-MERE (Page 12 of 14 pages) To Order Cat 14*04W4776 oo90t43748 US1-91UGO1DO further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided In this Section 22, 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 Auer 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 14 of this Security Instrument and in any Rider executed by Borrower and recorded with it. ad Sol) K WHIT ER -Borrower (sorrow -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Witness: T- rF 4-eJ d VX-S o Witness: -(Seal) -Borrower PENNSYLVANIA-Single Family-Fawle Mae/Freddle Mae UNIFORM INSTRUMENT ITEM 278OL13 (0601"WO (Page 13 of l4 paged) Form 30391/01 Grenwoca- To Ordw Calk 14KKHN x776 0000143748 f 913 P?`010" 1 State of 1" Q County of C(,( On this the 23rd day of June 2005 , before me, J ?4't [3tev sa lA the undersigned officer, personally appeared JILL K WHITMYER known to me (or satisfactcrily proved) to be the person(gwhose nameN subscribed to the within instru Ge7n and acknowledged that therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 07" 3)'2: A L JEAN o^%, iS0)N' h;)7A1?Y PUBLIC CITY OF ENOLA, CUMSRLAND COUNTY MY COMMISSION EXPRZES JAN, 16, 2007 My commission expires: 111412-0.61 CERTIFICATE OF RESIDENCE do hereby certify that the correct address of the within named lender ii"I 1585 N. MERIDIAN ST., SUITE 400, CARMEL, IN 46032 Witness my hand this 17 th day of J Z C3 d S v r,? G Agent of Lender PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT ITEM 27e0L14 (0601"ERB (Page 14 of 14 pages) LS executed the same for the purposes Form 30391/01 Gmatoocan To Order Call: 141004686776 0ON143748 1913FG010.2 Exhibit "A" Legal Descriptlon All that certain parcel of land situate in the Township of East Pennsboro, County of Cumberland, Commonwealth of Pennsylvania being known and designated as follows: Lot No. 19 on the Final Subdivision Plan for Westwood Hills, Phase IIA, recorded in Plan Book 83, Page 22. Tax/Parcel ID : 09-12-2992-244 BK1913PGO106 VERIFICATION The undersigned and duly authorized representative of Plaintiff, deposes and says subjed to the penalties of 18 Pa C.S.A. § 4904 relating to unworn falsification to authorities that the facts set forth in the foregoing Complaint are true d correct to bis info and belief. V v f? ki ?' ??- ? '?. '?- ^0 ,? ("? h d ?J 06/24/2008 13:39 4122817657 GRENEN & BIRSIC, PC PAGE 02i' ?V fib IN '1°111: CIO R'I' (ll' MINION ()1, ('t IN4131?RLAND COUNTY 1'I::NNS)' I.VAN 1A LAS,nLLE 13ANK NA'l IONAI, ;ti5()t'1,?1r1'It)N..AS "1,1?L!S'I'la? 1•'C7R C1 }?°l'11 IC r1'l is 1dC)I.DI RS Ufa M."AIt STI ARNS ASS]"I' 13ACKE'D SI CURITII`S I 1..i,C. ASSI71" BACKEI)-CEIZ1'1FICA'i'i S. Sl"'MES 2005-1 IE1 1, CIVIL DIVISION NO.: 06-7280 CIVIL TERM TYPE OF PLEADING. Plaintiff, PRAMPE FOR i)FFAULT JUD{,N1l?;NT (Mortgage Foreclosure) vs. JILL K. WI-IITMYER, Defendant. I hereby certify that the address of the Plaintiff is: 2780 Lake Vista Drive Lewisville. TX 75067 FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, ct al. r-, COUNSEL OF RECORD - ,, FOR THIS PARTY: h? _r 17 Kristine M, Anthou, Esquire Pa. I.D. #77991 ; Joseph A. Fidlcr, Esquire '- Pa. LD, # 87325 the last known address of the Defendant is: 707 Veronica Lane Enola, PA 17025 GRENEN & BIRSIC, P.C. Attorneys for Plaintiff GREN'EN7 & 13IRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 RECD UL; 0 3 2007 COPY 06/24/2008 13:39 4122817657 GRENEN & BIP.SIC, PC 41) G ' ?`! PAGE' IN T111: C'Ot11 0,01, UMIN-100, f'1,l:Aw (ll C'ilNll?l I?f.AN17 C'C7t'NTY PENNSYI VANI?\ I,AS,M],] BANK NA') IONAI ASS(WIATIUN, ASTRUS'I'1 F, 1,(W C') -,lt'T1F1C,A'H" ItC}1..1 EWE 01; 14 FAR STEARNS ASSL!'I'RAC'KI"D SEC'l)IUTil"S I LIE, A5S]7,1' BA('Kl'-D-(,I,.R'I'li; IC'A'1't S. SIRIf:S 2005-Ill;) 1, 1'lainti fl' v?. lllyl, K. W1I1"I'MY1R, Defendant, TO: PROTHONOTARY civii, mvisinN N().: 06-72hi} CIVIL„ Tl`ERM PRAECIPE FOR DEFAULT M)CMENT SIR: Please enter a default jtidgmcnt in the above-captioned case in favor of M)irttifl' and against the l3cf'endant, Jill K. Whitrnyer. in the amount of $265,607.92 which is itemized as f'ollows'. Principal $235.751.81 Interest to 11 /26/07 $ 24,391,31 Late Charges to 1 1226/07 $ 1,391.85 Escrow Deficiencyto 11/26/07 $ 19.90 Corporate Advances $ 263.05 NSF Fees $ 40.00 Attorneys' Fees $ 1,250.00 Title Search, Foreclosure, and Execution Costs $ 2,500.00 TOTAL $265,607.92 with interest on the principal sum at the rate of $4'7.63 per diem (as may change from time to time in accordance with the. terms of the Note) from November 26, 2007, additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mongaged premises. GRENEN & BIR:S1C, P.C. 2_r . !. A., o Kristinc M, Anthou, Esquire Joseph A. Fidler, Esquire Attorney for Plaintiff 06/24/2008 13:39 4122817657 GRENEN & BIRSIC, PC PqG= ?c/ ,AF IDAVIT O NON-Mll.l'1'ARN/ SERVICE AND ('1;IZ'1'IFi(',1"I'I; ()l 11I? 1I,INC: 0 N()T-JCI; O IN"I'I?N'1' Tt)'1'AhI? I)I??1?11t1L'1';11117C":I?7i;N'l' ("ONINIONW1."'ALTli O l3rNNSYLVANIA SS: COUNTY OP /1LLECHENY Beforc me, the under•si?zncd authOHIN', .) Notary I'tihlj?: in and fir ,aid County and Commonwealth, personally appeared Kristine M- AnthOLI, Esquir'c, attorncy For and authoriz d rcpresew,-i6%c of Plaintiff' who. b6ng duly sworn according to lave, deposes and savs that the Dcf'endant is not in the military sct-vice of the: United State; o1 Americo to the best O{ hw- knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa..R.C.P. 237.1. as evidenced by the attached copy. Sworn to and subscribed before me this day of_?? 2007. Notary Pub is COMMONWEALTH OF PENNSYLVANIA NCNB of Seal Gerald L. Roder, Jr., Notary Public C!y Ot PftbMh. Atieglteny County My Cvm"ri add F-%*es Dec. 10, 2007 Member. Pprnnsylvvna,) A65tl60on Or NOrGHW, Ei6!24,{2©©° 13:39 4122817657 GPENEN & BIPSIC, PC %") IV, IN Till] CCLTI?'T C?'1; C'OMMON PLE?A`; OF C'IMPETA AND COUNT,)', ; tNNSYl_ VANI A LASALLE BANK NATIONAI.., ASSOCIATION, AS TRUSTI';E FOR CERT I F: CATE I3OLDER.S OF BEAR STEARNS ASSIST BACKZU SECURITIES LLC, ASSET BACKED- CERTIFICATES, SERIES 2005-HEal, CIVIL DIV.ISICN NO.: 06-72$0 C7VIL TERM Plaintiff, V°. JILL X. WHITMYER, Defendant, TO. JILL K. WHITMYER 707 Veronica Lane Encla, FA 1702E DATE OF NOTICE: January 23, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEAkANcE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A SEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DC 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 AAOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LA. R REFERRJ?L SERVICE t'+TTM nvr T.71mn rnMamv (4()vrpNmd NT CENTER 2 LIBERTY AVENUE CARLISE, PA 17013 (800) 990.9108 GRENEN & BIRSIC, P,C. rA! Attoxneys for Plaintiff One Gateway Centel', Ninth Floor Pittsburgh, PA 15222 (412) 281-7660 FIRE'S CLASS MAIL, POSTAGE PREPAID 076/24/2008 13:39 4122817657 GRENEN & BIP,SIC, PC PAGF__ OG/ PS IN T lI, C(A110' 01, ('0MMO N II I Aw t)I c L ??131.1?1.,ANt? t'c>t'4TY PENNSYLVANIA J 1.ASArJ HANK NATIONA1 C'IVI[ DIVISION, ('1:IZ'1"lI 1C',?"I'(' I1(.)r,])I:1ZS O 13FAR ST EARNS ASSI71- RACKED Sl"CURITII:S 1 NO.: 06-7280 CIVIL " ERN' L LC', ASST?1' 13A('Ki:')-CI':IZI'11;1('A'I'LS, SFR11'S 2005-11 F-11, Plaintiff, Vti' ALL K. W'IIITNIYER, Defendant. NOTICE OF ORDER, DECREE OR KDQ:ti11 NT TO: JILL K, WHITNIYER 707 Veronica Lane Enola. PA 17025 ( ) 'Plaint'iff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $265,607.92 with interest on the principal sum at the rate of $47.63 per diem (as may change from time to time in accordance with the terms of the Note) from November 26, 2007, additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. Deputy !N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Caption: PRAECIPE FOR WRIT OF EXECUTION ( ) Confessed Judgment ( ) Other LaSalle Bank National Associatinn, as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2005-HEll vs. Jill K. Whitmyer TO THE PROTHONOTARY OF THE SAID COURT: Interest 5,009.57 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. Issue writ of 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) 707 Veronica Lane Enola, PA 17025 PRAECIPE FOR ATTACHMENT EXECUTION issue-writ-of attachment-to--the--Sheriff of 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. 11/26/07 Date Signature: ??? c, Print Name: Kristine M. Anthnu/Joseph A. Fidler One Gateway enter, 9th Floor Address: Pittsburgh, PA 15222 Attorney for: Plaintiff Telephone: (412) 231-7650 77991/87325 Supreme Court ID No.: (over) 06-7280 CIVIL TERM File No. Amount Due $265,607.92 00 4^ ?o o ° d ift- $ooo a b -R D tr, F rv co -711 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HE11, CIVIL DIVISION NO.: 06-7280 CIVIL TERM Plaintiff, VS. JILL K. WHITMYER, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) LaSalle Bank National Association, as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates Series 2005-HE11, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Jill K. Whitmyer located at 707 Veronica Lane, Enola, PA 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JILL K. WHITMYER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AS 707 VERONICA LAKE, ENOLA, PENNSYLVANIA 17025. DEED BOOK VOLUME 254, PAGE 1743. TAX PARCEL NUMBER 09-12-2992- 244. r ?S 1. The name and address of the owner(s) or reputed owner(s): Jill K. Whitmyer 707 Veronica Lane Enola, PA 17025 2. The name and address of the defendant(s) in the judgment: Jill K. Whitmyer 707 Veronica Lane Enola, PA 17025 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: LaSalle Bank et al. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: LaSalle Bank, et al. PLAINTIFF 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of PA Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE r ? r 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant (s) or 707 Veronica Lane Current Occupant (s) Enola, PA 17025 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. rCL?-?- ,CSC Kri M. Anthou, Esquire Joseph A. Fidler, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS a«b DAY OF /``166C/01#4 2007. f1 Notary Public C O-MMONWEALTH OF -PENNSYLVANIA Notes Seal /Of ?. Alter yPLtic ? Coun ? Dma t?,? Member, Pennsylvania As"dation Of NoWes 12 r,; • - -i ? ?r to , -d ?.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR NO.: 06-7280 CIVIL TERM STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HE11, Plaintiff, VS. JILL K. WHITMYER, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JILL K. WHITMYER 707 Veronica Lane Enola, PA 17025 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, PA 17013 on March 05, 2008, at 10:00 A.M., the following described real estate, of which Jill K. Whitmyer is the owner(s) or reputed owner(s): ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JILL K. WHITMYER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AS 707 VERONICA LAKE, ENOLA, PENNSYLVANIA 17025. DEED BOOK VOLUME 254, PAGE 1743. TAX PARCEL NUMBER 09-12-2992- 244. ri- --.a The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED- CERTIFICATES, SERIES 2005-HE11, Plaintiff, VS. JILL K. WHITMYER, Defendant. at Execution Number 06-7280 CIVIL TERM in the amount of $270,617.49. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. B ? Kristine M. Anthou, Esquire Joseph A. Fidler, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 C`? _ N.) ` r? t .. .r.> i ` I,, CID ...< A IN TT lE COUIZTOl: COMM(.)N PL.i_?AS 01 CI.IMl31aZl_AND COUN'1'?', PI NNSYI.VANIA LASALLE- BANK NATIONAL C1V11_ DIVISION ASSOCIATION, AS TRUSTEI: FOR CERTIFICATE HOLDERS OF BEAR ST7 ARNS ASSET BACKED SECURITIES I NO.: 06-7280 C1Vll_'T'ERM LLC, ASSET BACKED-CL R'1'11-ICA"fES, SERIES 2005-1-1131 1, Plaintiff, vs. ALL K. WHITMYER, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument at the northern extremity of an arc connecting the eastern dedicated right-of-way line of Sandy Court and the northern dedicated right-of-way line of Veronica Lane; thence by the eastern right-of-way line of Sandy Court, North 22 degrees 26 minutes 01 second West, 90 feet to a point at the dividing line of Lot Nos. 18 and 19; thence by line of Lot No. 18, North 67 degrees 33 minutes 59 seconds East, 86 feet to a point at the dividing line of Lot Nos. 20 and 19; thence by lien of Lot No. 20, South 22 degrees 26 minutes 01 second East, 105 feet to a point on the northern right-of-way line of Veronica Lane; thence by said right-of-way line South 67 degrees 33 minutes 59 seconds West, 71 feet to a point; thence by same by a curve to the right having a radius of 15 feet, and an arc length of 23.56 feet, said curve also having a chord bearing and distance of North 67 degrees 26 minutes 01 second West, 21.21 feet to a concrete monument on the eastern right-of-way line of Sandy Court, the place of BEGINNING. CONTAINING 8,982 square feet. BEING Lot No, 19 on the final Subdivision I'lan I,or Westwood l l ills, Phase 11A, recorded in Plan Book 83, Pagc 22. SUBJECT to restrictions, conditions and easements as se16 forth on the above mentioned Subdivision Plan. UNDER AND SUBJECT, NEVI_R'17I1 LESS, to conditions, restrictions, easements and rights-of-way of record. BEING known and numbered as 707 Veronica Lane, Enola, Pennsylvania. TAX PARCEL NUMBER 09-12-2992-244. TOGETHER with all and singular the buildings, improvements, ways, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances, whatsoever thereunto belonging, or in anywise appertaining, and the reversions, and remainders, rents, issues and profits, thereof, and all the estate, right, title, interest, property, claim and demand whatsoever, of E.G. Stoltzfus, Jr., Inc., in law, equity, or otherwise howsoever, of, in and to the same and every part thereof. BEIGN the same premises which E.G. Stoltzfus, Jr., Inc., a/k/a Elam G. Stoltzfus, Jr., a Pennsylvania Corporation of Lancaster, by Deed dated October 23, 2002 and recorded November 1, 2002 in the Recorder of Deeds Office of Cumberland County in Deed Book Volume 254, Page 1743, granted and conveyed unto Jill K. Whitmyer, single woman. GRENEN & BIRSIC, P.C. B A_ Kristine M. Anthou, Esquire Joseph A. Fidler, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-7280 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION, as Trustee for CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES LLC, ASSET BACKED CERTIFICATES, SERIES 2005-HE11, Plaintiff (s) From JILL K. WHITMYER (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 $265,607.92 Interest -- $5,009.57 Atty's Comm % Atty Paid $137.20 Plaintiff Paid Date: 11/28/07 (Seal) REQUESTING PARTY: L.L.$.50 Due Prothy $2.00 Other Costs 'qajiti P. GXI- Proth notary By: DeputyName KRISTINE M. ANTHOU, ESQUIRE & JOSEPH A. FIDLER, ESQUIRE Address: GRENEN & BIRSIC, P.C. ONE GATEWAY CENTER, 9TH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991/87325 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I NO.: 06-7280 CIVIL TERM LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HE 11, Plaintiff, vs. JILL K. WHITMYER, Defendant. MOTION FOR SERVICE OF NOTICE OF SHERIFF SALE PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, LaSalle Bank National Association, as Trustee for Certificate Holders of Bear Steams Asset Backed Securities I LLC, Asset Backed-Certificates Series 2005-HE11, by and through its attorneys, GRENEN & BIRSIC, P.C., and files the within Motion for Service of Notice of Sheriff's Sale Pursuant to Special Order of Court under Pennsylvania Rule of Civil Procedure 430 as follows: 1. On or about December 26, 2006, Plaintiff filed a Civil Action Complaint in Mortgage Foreclosure against the Defendant at the above captioned number and term. 2. On or about December 26, 2007, Plaintiff delivered to the Sheriff of Cumberland County a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure along with direction cards to serve the Defendant at her last known address being 707 Veronica Lane, Enola, PA 17025. 3. On or about January 5, 2007, Plaintiff received Notice from the Sheriff of Cumberland County; said Notice indicated that the Defendant, Jill K. Whitmyer, was served with Complaint in Mortgage Foreclosure on January 2, 2007 at her last known address being 707 Veronica Lane, Enola, PA 17025. A true and correct copy of the Affidavit of Service from the Sheriff of Cumberland County is marked Exhibit "A", attached hereto and made a part hererof. 4. On or about November 28, 2007, Plaintiff entered Default Judgment against the Defendant in this action in the amount of $265,607.92 and for foreclosure and sale of the mortgaged premises 5. On or about November 28, 2007, Plaintiff filed with the Prothonotary a Praecipe for Writ of Execution on the judgment in this action. 6. In accordance with Pa. Rule of Civil Procedure 3129, Plaintiff mailed to the Defendant, Jill K. Whitmyer, a true and correct copy of Plaintiffs Notice of Sheriff Sale, by certified mail, return receipt requested, restricted delivery, at her last known address being 707 Veronica Lane, Enola, PA 17025 and by directing the Sheriff of Cumberland County to serve the Defendant at the same address. To date, the Notice of Sheriff's Sale has not been returned to Plaintiff. Additionally, said Notice has not been served on the Defendant by the Sheriff of Cumberland County. 7. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service of the Notice of Sheriff's Sale cannot be made, is marked Exhibit "B", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit the Plaintiff to serve the Defendant, Jill K. Whitmyer, by mailing a true and correct copy of the Notice of Sheriff's Sale by certified mail, return receipt requested and first-class mail, postage pre-paid addressed to Jill K. Whitmyer at 707 Veronica Lane, Enola, PA 17025 and by posting of the handbill in accordance with Pa. R.C.P. 3129.2(b). Service of the Notice of Sheriff's Sale shall be deemed complete and valid upon mailing by the Plaintiff and posting by the Sheriff. GRENEN & BIRSIC, P.C. BY: ?'° 1,'`1 C J(< /? u.L rL l !-t Kristine M. Anthou, Esquire Joseph A. Fidler, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 EXHIBIT "A" i E SHERIFF'S RETURN - REGULAR CASE NO: 2006-07280 A 0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS WHITMYER JILL K DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WHITMYER JILL K the DEFENDANT , at 1726:00 HOURS, on the 2nd day of January , 2007 at 707 VERONICA LANE ENOLA, PA 17025 by handing to JILL WHITMYER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 13.20 + oo 00 10.00 R. Thomas Kline .00 41.20 01/03/2007 GRENEN & BIRSIC By: day Deputy Sheriff A.D. EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HE11, CIVIL DIVISION NO.: 06-7280 CIVIL TERM Plaintiff, vs. JILL K. WHITMYER, Defendant. AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COUNTY OF ALLEGHENY ) SS COMMONWEALTH OF PENNSYLVANIA ) Before me, a notary public, in and for the foregoing county and commonwealth, personally appeared Kristine M. Anthou, Esquire, of GRENEN & BIRSIC, P.C. attorneys for Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant, Jill K. Whitmyer, named in the above-captioned matter: (a) On or about December 12, 2007, Plaintiff mailed to the United States Postmaster at Enola, PA 17025 a request to be furnished with a forwarding address of the Defendant. (b) On or about December 19, 2007, Plaintiff received a response from the United States Postmaster; said response indicated no information concerning the correct address of the Defendant. A true and correct copy of said response is marked Attachment "A", attached hereto and made a part hereof. (c) Examinations were made of the Cumberland County Telephone Directory; said examination indicated no listings for the Defendant. (d) Examinations were made of the Cumberland County Voter Registration Records; said examination indicated no listings for the Defendant. True and correct copies of said search are marked Attachment "B", attached hereto and made a part hereof. (e) Examinations were made of the Cumberland County Tax Assessment Office; said search indicated that the Defendant's mailing address is 707 Veronica Lane, Enola, PA 17025. A true and correct copy of said search is marked Attachment "C", attached hereto and made a part hereof. (f) A computer search available through Lexis Legal Research indicates that the Defendant, Jill K. Whitmyer, resides at 707 Veronica Lane, Enola, PA 17025. A true and correct copy of said search is marked Attachment "D", attached hereto and made a part hereof. Finally, affiant deposes and says that after the foregoing investigation, Plaintiff believes and avers that the Defendant, Jill K. Whitmyer, resides at 707 Veronica Lane, Enola, PA 17025. GRENEN & BIRSIC, P.C. BY: Kristin M. Anthou, Esquire Joseph A. Fidler, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 Sworn to an subscribed before me this coot day of -S , 2007. Notary Public COMMONWEAL'T'H OF PENNSYLVANIA Notarial Seal Gerald L Potter, Jr., Notary Public City Of Pitts?, Aaegheny County My Commisslon E)ires Dec. 10, 2011 Member, Pennsylvania Association of Notaries ATTACHMENT "A" Postmaster Enola, PA 17025 City, State, ZIP Code Date December 12, 2007 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a box holder) for the following: Name: Jill K. Whitmyer Address: 707 Veronica Lane NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Legal Assistant 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: LaSalle Bank, et al. vs. Whitmyer 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County 5. The docket or other identifying number if one has been issued: 06-7280 CIVIL TERM 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN TIME SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal roeess in connection with actual or prospective litigation. 4- Signature Printed Name: Gerald L. Potter, Jr. Grenen & Birsic, P.C., One Gateway Center, Ninth Floor, Pittsburgh, PA 15222 (412) 281-7650 FOR POST OFFICE USE ONLY No change of address order on file. Not known at address given. _ Moved, left no forwarding address _ No such address. POSTMARK NEW ADDRESS OR BOXHOLDER'S NAME and STREET ADDRESS RECD UEC 19 2007 ATTACHMENT "B" Search - No Documents Found Page 1 of 1 No Documents Found No documents were found for your search terms "whitmyer wl3 jill " Click "Save this search as an Alert" to schedule your search to run in the future. -OR- Click "Edit Search" to return to the search form and modify your search. Suggestions: • Check for spelling errors . Remove some search terms. • Use more common search terms, such as those listed in "Suggested Words and Concepts" • Use a less restrictive date range. Edit Search] About. LexisNexis I Terms & Conditions I Contact Us I`> LexisNexis`1 Copyright Q 2007 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. https://www.lexis.com/research/zeroans?-m=4f65e2aede I 6668829a I 23e469a8fcad&docnum= I ... 12/12/2007 Search - No Documents Found Page 1 of 1 No Documents Found No documents were found for your search terms "whitmyer wl3 jilt k" Click "Save this search as an Alert" to schedule your search to run in the future. - OR - Click "Edit Search" to return to the search form and modify your search. Suggestions: • Check for spelling errors . • Remove some search terms. • Use more common search terms, such as those listed in "Suggested Words and Concepts" • Use a less restrictive date range. Edit Search About LexisNexis I Terms & Conditions I Contact Us LexisNexisCopyright Q 2007 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. https://www.lexis.comlresearchlzeroans? m=826f58a93eel97838482139eca407b04&docnum=l... 12/12/2007 ATTACHMENT "C" Search - 2-Results - whitmyer w/3 jill k Page 1 of 2 S Client i Preferences 1 Sign OH 1 1 Help My LexisTM Search Research Tasks Get a Document Shepard'soTAlertslTotal Litigator Dossier ; H iorv f ?) Source: PeoQle Business &_Asset.Locators > Real Property_LOc_ator > Combined,_Deed Transfers & Tax Assessor Records > Combined Deed Transfers, Tax Assessor Records and Mortgage Records Terms: whitmyer w/3 Jill k (Edit Search I Suggest Terms for M?.Search) rSelect for FOCUSTm or Delivery n CUMBERLAND COUNTY, PA 707 VERONICA LN, ENOLA, PA 17025 *** THIS DATA IS FOR INFORMATION PURPOSES ONLY **'* PROPERTY RECORD FOR CUMBERLAND COUNTY, PA ESTIMATED ROLL CERTIFICATION DATE SEPTEMBER 1, 2006 Owner: WHITMYER, JILL K; Owner Occupied Mailing Address: 707 VERONICA LN, ENOLA, PA 17025 Property Address: 707 VERONICA LN, ENOLA, PA 17025 **************************** SALES INFORMATION *************************** Book/Page: 254/1743 ************************** ASSESSMENT INFORMATION ************************* Assessor's Parcel Number: 09-12-2992-244 Legal Description: DISTRICT: 009; CITY: EAST PENNSBORO TOWNSHIP; ASSESSOR'S MAP REFERENCE: MAP 2992 Brief Description: WESTWOOD HILLS LOT 19 PH IIA PB 83 PG 32 RESIDENTIAL BUILDING Land Use: RESIDENTIAL BUILDING Assessment Year: 2007 Assessed Land Value: $ 48,000 Assessed Improvement Value: $ 157,390 Total Assessed Value: $ 205,390 ***************************** TAX INFORMATION ***************************** Tax Rate Code: EAST PENNSBORO SD ************************* PROPERTY CHARACTERISTICS ************************* Year Built: No. of Buildings: Stories: Style: Units: Air Conditioning: https://www.lexis.com/research/retrieve?_m=6280c9d79921 I cOdd2c7a28f8eI cf0f4&docnum=2... 12/12/2007 Search - 2 results - whitmyer w/3 jill k 0 • Bedrooms: Heating: Baths: Construction: Partial Baths: Basement: Total Rooms: Exterior Walls: Fireplace: Foundation: Garage Type: Roof: Garage Size: Elevator: Pool/Spa: Lot Size: 9148 SF Building Area: TAPE PRODUCED BY COUNTY: 3/2007 Page 2 of 2 Source: People, Business 8_Asset Locators > Real Property Locator > Combined, Deed Transfers & Tax Assessor, Records > Combined Deed Transfers, Tax Assessor Records and Mortgage Records I_-1 Terms: whitmyer w/3 Jill k (Edit Search I Suggest Terms for My Search) View: Full Date/Time: Wednesday, December 12, 2007 - 3:05 PM EST My LexisT"" I Search I Research Tasks I Get a Document I Sh pgcd's® I Alerts I Total Litigator History I Deliyery_Managgr I Oosste..r I Switch Client I Preferences I Sign Off I Help About LexisNexis I Terms & Conditions I Contact Us Iz LexisNexiSr Copyright © 2007 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. https://www.lexis.com/research/retrieve?_m=6280c9d799211 cOdd2c7a28f$e 1 cf0f4&docnum=2... 12/12/2007 ATTACHMENT "D" Searoh - 14 -Results - whitmyer w/3 Jill k . Page 1 of 1 Switch Client i Preferences Sign Off 1 ?J Help My LexlsT"' Search Research Tasks Get a Document'jShepard's®'TAlertsTTotal Litigator, Dossier : History I? 1 Source: People Business & Asset .Locators > ALLFND Combined Person Locator Files !.i_1 Terms: whitmyer w/3 Jill k (Edit Search Suggest Terms fqr-My_$eqrch) tSelect for FOCUS TM or Delivery 171 WHITMYER, JILL K (FEMALE) THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY PERSON LOCATOR - P-CNSR Copyright 2005 InfoUSA Inc., All Rights Reserved. Name: WHITMYER, JILL K (FEMALE) Additional Names: WHITMYER, CAMERON (MALE) Address: 707 VERONICA LN ENOLA, PA 17025-1555 County: CUMBERLAND Latitude: 40.307500 Longitude: -76.943468 Address Type: HOUSE NUMBER & STREET NAME Address Created: 2000 Telephone: (717) 728-9259 Telephone Type: ARCHIVED Source: PeooDle Business & Asset Locators > ALLFND Combined Person Locator Files !i Terms: whitmyer w/3 Jill k (Edit Search Suggest Terms for My Search) View: Full DatefT'ime: Wednesday, December 12, 2007 - 3:06 PM EST My LexisT_"' I Search I Research Tasks I Get a_Document I Shepard's®I Alerts I Total__Litigator History I Delivery_Men-awr I Dossier I Swit.-h-_Client I PrefPrenc&s I Sig Off_ I Help About_LexisNexis I Terms & Conditions I Contact Us IV LexisNexis Copyright © 2007 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. https://www.lexis.com/research/retrieve?_m=be6c6c82add5699fD800adfeO961 c817&docnum=l ... 12/12/2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I NO.: 06-7280 CIVIL TERM LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HE11, Plaintiff, VS. JILL K. WHITMYER, Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion for Service of the Notice of Sheriff's Sale Pursuant to Special Order of Court and Order of Court was mailed to the following on this 20th day of December, 2007, by first class, U.S. Mail, postage pre-paid: Jill K. Whitmyer 707 Veronica Lane Enola, PA 17025 GRENEN & BIRSIC, P.C. BY: Kris ' e M. Anthou, Esquire Joseph A. Fidler, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 C.. c.? '1P7 C ! ;?7 i T . GJ -C DEC 87 awr? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I NO.: 06-7280 CIVIL TERM LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HEl1, Plaintiff, VS. JILL K. WHITMYER, Defendant. ORDER OF COURT AND NOW, to wit, this 31 ' day of ?rs,.`..G? 200712008, upon consideration of the within Motion for Service of the Notice of Sheriff s Sale Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is permitted to serve the Defendant, Jill K. Whitmyer, by certified mail, return receipt requested and first class mail, postage pre- paid and by posting of the handbill in accordance with Pa. R.C.P. 3129.2(b). Service on the Defendant shall be deemed complete and valid upon mailing and posting in accordance with this order. J. z4 w J 8 o•! I Wv I C 333 LOOT Ca,, AMON(,tHaudd 3Ni 30 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I ISSUE NUMBER: LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HE11, NO.: 06-7280-CIVIL TERM Plaintiff, VS. TYPE OF PLEADING: JILL K. WHITMYER, Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE Defendant. DEFENDANTS/OWNERS CODE- FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, et al COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D.# 77991 Joseph A. Fidler, Esquire Pa. I.D. # 87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: MARCH 05, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I NO.: 06-7280-CIVIL TERM LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HE11, Plaintiff, VS. JILL K. WHITMYER, Defendant. Pa RCP RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Anthou, Esquire, Attorney for Plaintiff, LaSalle Bank National Association, as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2005- HE11, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on January 30, 2008 as follows: Jill K. Whitmyer is the owner of the real property and has not entered an appearance of record. 2. On December 31, 2007, this Court entered an Order authorizing Plaintiff to serve the Defendant, Jill K. Whitmyer, by certified mail, return receipt requested and first class mail, postage pre-paid and by posting of the handbill in accordance with Pa.R.C.P. 3129.2 (b). A true and correct copy of the Order is marked as Exhibit "A" attached hereto and made a part hereof. 3. Pursuant to the Order and Pa R.C.P. 3129.2 (C) on January 2, 2008, the undersigned counsel served the Defendant, Jill K. Whitmyer, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, return receipt requested and first class mail, postage pre-paid, addressed to Jill K. Whitmyer at 707 Veronica Lane, Enola, PA 17025. True and correct copies of U.S. Postal Service form 3800 and 3817 evidencing service by certified mail and first class mail on the Defendant, are marked Exhibit "B", attached hereto and made a part hereof. 4. On or about January 10, 2008, the Sheriff of Cumberland County posted the property located at 707 Veronica Lane, Enola, PA 17025. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. GRENEN & BIRSIC, P.C. BY:?-? Kristine M. Anthou, Esquire Joseph A. Fidler, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS V w DAY OF)2008. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Gerald L. Potter, Jr., Notary Public City OF Pittsburgh, Allegheny County My Commission E)pires Dec. 10, 2011 Member, Pennsylvania Association of Notaries EXHIBIT "A" E IR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENN S'r' 1 N L% LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HE11, CIVIL DIVISION NO.: 06-7280 CIVIL TERM Plaintiff, vs. JILL K. WHITMYER, Defendant. ORDER OF COURT AND NOW, to wit, this 31,&1 day of -k" 2007/-"(1`W',, ipoii consideration of the within Motion for Service of the Notice of Sheriff's Sale Pursuant to Spe L ,ill' Order k ?l Court, it is hereby ORDERED, ADJUDGED and DECREED that the Plaintiff is permitted i o crve 01e Defendant, Jill K. Whitmyer, by certified mail, return receipt requested and first class mail. po,rlge pre- paid and by posting of the handbill in accordance with Pa. R.C.P. 3129.2(b). Service on the C);-t<:,ndant shall be deemed complete and valid upon mailing and posting in accordance with this order. BY THE COURT: /s/ ?Cv?„n ?! ?.le as TWE CM FROM T? M+IMrrd, i hKM *16 a q tta 1 the seal of atat'4sJ?xv .s.. 47 ?rrtar? RECD JAN 0 2 2008 COP EXHIBIT "B" U.S. POSTAL SERVICE C M . MAY BE USED FOR DOMESTIC AND INTE PROVIDE FOR INSURANCE-POSTMASTER Received From: Grenen & Birsic P.C. M one One Gateway Center, 91h Floor Pittsbur h PA 1 -'? 0 S- I - - 03 64 S a r+.. ?, One piece of ordinary mail addressed to: S jl f d o] L C t c Yki ,_ L A, PS Form 3817, January ZUU1 L F, II PF-CPIP (Unrnes;rc M,u? ttnt?: No tnstrrvnce Coverage Provided) FEW For [lehv("q into"mation Uuf WF'bsltB at WWW,USPS.COM p OFFICIAL USE l o -n C3 ti St-3G.?Pw 5 a . V AY ST ni ' Carditd Fee a. (0 S 9 C?P O Flnlum ptaosipt Fee 0 (Endornsrrrerrt Flpulnd) o? . /.? Q `?? p /. C3 c °' enW? -- _? C d, J L Tow F'ontapn a Fans $ CSC 1 BSllld M _o r` aPO eoxnro. _.1.?? :1.d.? G?c?6, Cn.... cm sa.os, 2?P+4 Ef.X, f? I -1 O ?-5 Affix fee here in stamps or meter postage and °of 3!jFlcurrent 41.050 c f?Q J ? ` ` a ? . _ ??- ° c o ? s ?. max{ . ?J'A + -? 2? t- ? ?? , , t"ri , ? ? ,?" .,r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I ISSUE NUMBER: LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HE11, NO.: 06-7280-CIVIL TERM Plaintiff, TYPE OF PLEADING: VS. Pa. R.C.P. RULE 3129.2(c)(2) JILL K. WHITMYER, PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF Defendant. SERVICE CODE- FILED ON BEHALF OF PLAINTIFF: LaSalle Bank, et al. COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. # 77991 Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: MARCH 05, 2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HE11, CIVIL DIVISION NO.: 06-7280-CIVIL TERM Plaintiff, VS. JILL K. WHITMYER, Defendant. Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, LaSalle Bank National Association, as Trustee for Certificate Holders of Bear Steams Asset Backed Securities I LLC, Asset Backed Certificates, Series 2005-HE11, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated November 28, 2007, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1, U.S. Service Postal Form 3877, and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. BY. 0? C Kristine M. Anthou, Esquire Joseph A. Fidler, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sworn to and subscribed before me this 61t?,J_day of -? )2008. Notary Public Notarial Seel Gerald L Potter, Jr., Notary Public City of Pittsburgh, Allegheny County My Cornrr>isss E)ires De-10, 2011 COMMONWE TH F PENNSYLVANIA Member, Pennsylvania Association of Notaries EXHIBIT "A" I N T I 0 0 II ('OUR'I'OF COMMON PLEAS OFC IMBERLAND COUNTY, IIFNNS)'I.VANIA LASALLE BANK NATIONAL ASSOCIA'T'ION, AS "TRUSTEE FOR C1?IZ"I'IFICA"1'1 I IOLDI3RS OF 131_ AR STEARNS ASSET BACK1:0 SE'CURITIE'S I I,LC, ASSE"1' 13ACKED-CER7'IFICA"I'ES, SERIES 2005-1IEl 1, CIVIL DIVISION NO.: 06-7280 CIVIL TERM Plaintiff, vs. JILL K. WHITMYER, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) LaSalle Bank National Association, as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates Series 2005-HE11, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Jill K. Whitmyer located at 707 Veronica Lane, Enola, PA 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JILL K. WHITMYER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AS 707 VERONICA LAKE, ENOLA, PENNSYLVANIA 17025. DEED BOOK VOLUME 254, PAGE 1743. TAX PARCEL NUMBER 09-12-2992- 244. I . 0 0 1. The name and address of the owner(s) or reputed owner(s): Jill K. Whitmyer 707 Veronica Lane lnola, PA 17025 2. The name and address of the defendant(s) in the judgment: Jill K. Whiunyer 707 Veronica Lane Fnola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LaSalle Bank et al. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: LaSalle Bank, et al. PLAIN'TIFF 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE • • 7. The name and address ofcvcry other person whom the plaintiffhas knowled c who has any interest in the property which may be af't'ccted by the sale: Tenant (s) Or 707 Veronica Lane Current Occupant (s) Enola, PA 17025 1 verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Kris\tine M. Anthou, Esquire Joseph A. Fidler, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS JU-CX-, DAY OF 2007. Notary Public COA4A40NWr:ALTH PENNSYLVANIA NotarialsAw Gerald L. Poiter CkY Of I urgh ' jr.. Notar , Pubfic E>#Allegheny Courity MDec. 1 es LMmAber,Pennsyivan1a Association Of Notaries G?:: ;• ?IL -• a: L !'1tJil ?' ? ,- 01 o t H y? O IA l0 c > i t0 >? a > ?-a a a o ' m c E to p a> LO LO LO LO N C 0 V O g E a E c c o m r U ' U QQ L Lu N c _ tY it ul W N 11001:1 U z N J O g' a Z Q r a W r Z€ gN a Oo o Q- C o` - v°2 Q? V Q n L) ? H z? W - °' Z O - j LL Of O wn W mom 2 CL °? ? -6 13 W - OO ug?? OW v IN "00000 a > ti0 mW WCID R < CL Co W m pZ OQ DOQ WoQ o u r- w (L mmm omm a 0 0 a? L-' LL £ z U a o0 W W LL a g 1O U u`) N D O V 0 O z (D E LLL W o U C) O? ZD n?>,a a M Q / sm ma. 3 s -a ?z Qw Z O 2? a i '0 C ,) Za. QD LLB mQ aZ WLU a? o.) c o 7 z U J y (D N 0 Lw-0 LL UX of E cn => z C E T) z U' O y J cv cri v t6 co ?? ati ° a a - E 0 IL m 0 c 07 H T A 8 LL O LL N oa ?af c-4 F- O Z N 'CO LL 000 0 M o LL W CL F ? -p i t _ N .? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Lasalle Bagnk N A Tr is the grantee the same having been sold to said grantee on the I Ith day of June A.D., 2008, under and by virtue of a writ Execution issued on the 28th day of Nov, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 7280, at the suit of Lasalle Bank N A Tr against Jill K Whitmyer is duly recorded as Instrument Number 200826780. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 40 day of J7- , A.D. Recorder of Deeds wcr o.-s" Gurnoea&n,; ounry, Cadicq, PA won, rq ft y d J.n. 2010 LaSalle Bank National Association, as In the Court of Common Pleas of Trustee for Certificate Holders of Bear Cumberland County, Pennsylvania Stearns Asset Backed Securities I LLC, Writ No. 2006-7280 Civil Term Asset Backed-Certificates, Series 2005-HE I1 VS Jill K. Whitmyer Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 31, 2007 at 1659 hours, she 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: Jill K. Whitmyer, by making known unto Osman Cabrera, adult in charge for Jill K. Whitmyer at 707 Veronica Lane, Enola, Cumberland County, Pennsylvania and its contents and at the same time handing to him personally the said true and correct copies of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2008 at 1650 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 Jill K. Whitmyer located at 707 Veronica Lane, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jill K. Whitmyer by regular mail to her last known address of 707 Veronica Lane, Enola, PA 17025. These letters were mailed under the date of January 08, 2008 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 w4hin described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Fidler, on behalf of LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates, Series 2005-HEI 1. It being the highest bid and best price'received for the same, LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates, Series'20052 HE11, of 2780.Lake Vista Drive, Lewisville, TX 75067, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,358.01. Sheriffs Costs: Docketing $30.00 Poundage 26.24 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 26.88 Levy 15.00 Surcharge 20.00 Post Pone Sale 20.00 Law Journal 545.00 Patriot News 503.72 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,358.01 So Answers: R. Thomas Kline, Sheriff -t t BY & Real Estate rgeant ,? 4 y ?3Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HE11, CIVIL DIVISION NO.: 06-7280 CIVIL TERM Plaintiff, vs. JILL K. WHITMYER, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) LaSalle Bank National Association, as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed-Certificates Series 2005-HE11, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Jill K. Whitmyer located at 707 Veronica Lane, Enola, PA 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JILL K. WHITMYER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AS 707 VERONICA LAKE, ENOLA, PENNSYLVANIA 17025. DEED BOOK VOLUME 254, PAGE 1743. TAX PARCEL NUMBER 09-12-2992- 244. I 1. The name and address of the owner(s) or reputed owner(s): Jill K. Whitmyer 707 Veronica Lane Enola, PA 17025 2. The name and address of the defendant(s) in the judgment: Jill K. Whitmyer 707 Veronica Lane Enola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: LaSalle Bank et al. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: LaSalle Bank, et al. PLAINTIFF 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of PA Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant (s) or 707 Veronica Lane Current Occupant (s) Enola, PA 17025 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Kri. ' e M. Anthou, Esquire Joseph A. Fidler, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS &t7 , DAY OF J?/G4fJGr1 ?1; ( 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notadal Seal G Pal L. POfter, Jr Not . Public Cot? ' Aftheny10 w* E)#Ms Der- , 2007 Member, Pennsylvania Assoclation Of Notar?es I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LASALLE BANK NATIONAL CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR NO.: 06-7280 CIVIL TERM STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED-CERTIFICATES, SERIES 2005-HE11, Plaintiff, vs. JILL K. WHITMYER, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: JILL K. WHITMYER 707 Veronica Lane Enola, PA 17025 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2"d Floor 1 Courthouse Square Carlisle, PA 17013 on March 05, 2008, at 10:00 A.M., the following described real estate, of which Jill K. Whitmyer is the owner(s) or reputed owner(s): ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JILL K. WHITMYER OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AS 707 VERONICA LAKE, ENOLA, PENNSYLVANIA 17025. DEED BOOK VOLUME 254, PAGE 1743. TAX PARCEL NUMBER 09-12-2992- 244. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED- CERTIFICATES, SERIES 2005-HE11, Plaintiff, vs. JILL K. WHITMYER, Defendant. at Execution Number 06-7280 CIVIL TERM in the amount of $270,617.49. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By Kristine M. Anthou, Esquire Joseph A. Fidler, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 a IN Tlll: COURT OF COMMON PLEAS OF CUM13l RLAND COUNTf ', PI NNSI1,VANIA I_ASALL,F 13ANK NATIONAI. CIVIL DIVISION ASSOCIATION, AS TRUSTEE FOIZ CEIZ TIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES 1 NO.: 06-7280 CIVIL TERM LLC, ASSET BACKED-CER'1'IFICA"1'FS, SERIES 2005-HE11, Plaintiff, vs. JILL K. W1IlTMYER, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro "Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a concrete monument at the northern extremity of an arc connecting the eastern dedicated right-of-way line of Sandy Court and the northern dedicated right-of-way line of Veronica Lane; thence by the eastern right-of-way line of Sandy Court, North 22 degrees 26 minutes 01 second West, 90 feet to a point at the dividing line of Lot Nos. 18 and 19; thence by line of Lot No. 18, North 67 degrees 33 minutes 59 seconds East, 86 feet to a point at the dividing line of Lot Nos. 20 and 19; thence by lien of Lot No. 20, South 22 degrees 26 minutes 01 second East, 105 feet to a point on the northern right-of-way line of Veronica Lane; thence by said right-of-way line South 67 degrees 33 minutes 59 seconds West, 71 feet to a point; thence by same by a curve to the right having a radius of 15 feet, and an arc length of 23.56 feet, said curve also having a chord bearing and distance of North 67 degrees 26 minutes 01 second West, 21.21 feet to a concrete monument on the eastern right-of-way line of Sandy Court, the place of BEGINNING. CONTAINING 8,982 square feet. 0 11 IiI'ING Lot No, 19 on the I:inaI Subdivision flan liar Westwood I IIIIs, Phase IIA, recorded in Plan Book 83, ]'age 22. SUBJECT to restrictions, conditions and easements as se16 forth on the above mentioned Subdivision Plan. UNDER AND SUB.II_`CT, NEVERTHELESS, to conditions, restrictions, casements and rights-ol-way of record. BEING known and numbered as 707 Veronica Lane, Enola, Pennsylvania. TAX PARCEL NUMBER 09-12-2992-244. TOGETHER with all and singular the buildings, improvements, ways, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances, whatsoever thereunto belonging, or in anywise appertaining, and the reversions, and remainders, rents, issues and profits, thereof; and all the estate, right, title, interest, property, claim and demand whatsoever, of E.G. Stoltzfus, Jr., Inc., in law, equity, or otherwise howsoever, of, in and to the same and every part thereof. BEIGN the same premises which E.G. Stoltzfus, Jr., Inc., a/k/a Elam G. Stoltzfus, Jr., a Pennsylvania Corporation of Lancaster, by Deed dated October 23, 2002 and recorded November 1, 2002 in the Recorder of Deeds Office of Cumberland County in Deed Book Volume 254, Page 1743, granted and conveyed unto Jill K. Whitmyer, single woman. GRENEN & BIRSIC, P.C. By: Kristine M. Anthou, Esquire Joseph A. Fidler, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-7280 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION, as Trustee for CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES LLC, ASSET BACKED CERTIFICATES, SERIES 2005-HEl1, Plaintiff (s) From JILL K. WHITMYER (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 $265,607.92 L.L.$.50 Interest -- $5,009.57 Atty's Comm % Due Prothy $2.00 Atty Paid $137.20 Other Costs Plaintiff Paid Date: 11/28/07 1I -- 5 Proth otary (Seal) By: Deputy REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE & JOSEPH A. FIDLER, ESQUIRE Address: GRENEN & BIRSIC, P.C. ONE GATEWAY CENTER, 9TH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991/87325 Real Estate Sale #70 On November 29, 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 707 Veronica Lake, Enola, more fully described on Exhibit "A" filed with this writ and by this reference` incorporated herein. Date: November 29, 2007 By: Real Est Sergeant The. Patriot-News Co. . ; 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE t4e Patr1*otwXtws Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 01/30/08 02/06/08 02/13/08 Notary Publ of February, 2008 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shame L. Kisner Notary Public City Of Hivrishun Dauphin County My Co M*wr -.:Kp m Nov. 26, 2011 Memfer, Pennsylvania Association of Notaries It01AL OfflIMSALE NO. 70 WON Ttla,WI M CkA Tam Lama BW* meso 1d Assock tlon, ae'Trudas for CetrtlBaa* Holders of Bear Steams Asset Backed aecr~ 1 LLC, Awal: Backed- Cerdocatea, Sa1'Iss 20064iE11 VS Jill K. Wh rn)w Attonw KAW*w O AnIm ALL THAT CERTAIN lat or4ract of land situate in East Penndroro Township, Cumberland County, Commonwealth of Pennsylvania,. more particularly banded and described as follows, to wit: BEGINNING at a concreb monument at the northern attr maity of an arc cormating the eastern do&c*d tight-of-way line of Sandy Cant and the noAherm dedicated right-of-way line of Veronica Lane; thence by the eastern rigbi-of-way tine of Sandy Court, North 22 degrees 26 minutes 01 soo_* West, 90 feet to a ?omt at the dividing line of?f;ot Nos. 18 and 19; thence by lint: of Lot No. 18, Nod 67 deg m 33 minutes 59 seconds East, 86 feet to a point at the dir*w*w of Lan Nos. alt and l9; O mm by lies of lot No. 20, Soath 22 degrees 26 minutes 01 second EAt, 105 feet to a point on the northern right-of-way lime of Verom m Lane; these by said rq tof-w tine South' 67 dgpm 33 mkM S , 71 feet to a point; tleace by sane by a aerobe to 81a no having a rxiura of 15 Caen„ sW a jec loo of 23.56 het, said reeve *a k*Wg a mend bearish and distance of North 67 degas 26 miusea 01 second West, 21.21 feet to a cancteae monument on the eastern right-of-way tine of Sandy Court, the place of BE0I1Ip1G. CONTAINING 8,982 s*wt feat. BEING Lot No. 19 on the final Subdivision jtfan forlWestwood Hills, Phase IIA, recorded in flan Boole 83, Page 22. SUBJECT to restrictions, conditions and Pasetnew as set forth on the above mentioned Subdivision Phm. UNDER AND SUBJECT, NEVERTHELESS, to conditom restrictions, easements and rights- of-way of record. BEING known and numbered as 707 Veronica Lane, Esola, Pamsylvania. TAX PARCEL NUMBER 09-12-2992-244. TGGE1M with all and saagolar the buildings, improvemeou, ways, water, watercourses, rights, liberties, privileges, hemd Weents, and appurte , whatsoever t munto belonging, or in anywise appertaining, and the reversions, and. remaiaders, ruts, issues and profits, thereof; and all. the estate, right, title, interest, property, claim aad denaaad whatsom, of E.G. Stomas Jr., Inc., in law, etpaty, or otherwise bowsovkr, oC in and to the same and every part thereof. "BEING The same premises which E.G. Stoltzfus, Jr., Inc., Wa Elam G. Stoltzfus, Jr., a elated rpba '*ift of is oil O'elemplo" in Pale Ply, ti" Wk" U. do waesrn• PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 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 statemer'tt> "s to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 8 day of February, 2008 C?2 00'?? Notary Z-? •_ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 70 Writ No. 06-7280 Civil LaSalle Bank National Association, as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities I LLC, Asset Backed- Certificates, Series 2005-HE 11 vs. Jill K. Whitmyer Atty.: Kristine M. Anthou DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in East Pennsboro Town- ship, Cumberland County, Com- monwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a concrete monu- ment at the northern extremity of an arc connecting the eastern dedicated right-of-way line of Sandy Court and the northern dedicated right-of-way line of Veronica Lane; thence by the eastern right-of-way line of Sandy Court, North 22 degrees 26 minutes 01 second West, 90 feet to a point at the dividing line of Lot Nos. 18 and 19; thence by line of Lot No. 18, North 67 degrees 33 minutes 59 seconds East, 86 feet to a point at the dividing line of Lot Nos. 20 and 19; thence by lien of Lot No. 20, South 22 degrees 26 minutes 01 second East, 105 feet to a point on the northern right-of-way line of Veronica Lane; thence by said right-of-way line South 67 degrees 33 minutes 59 seconds West, 71 feet to a point; thence by same by a curve to the right having a radius of 15 feet, and an arc length of 23.56 feet, said curve also having a chord bearing and distance of North 67 degrees 26 minutes 01 second West, 21.21 feet to a concrete monument on the east- ern right-of-way line of Sandy Court, the place of BEGINNING. CONTAINING 8,982 square feet. BEING Lot No. 19 on the Final Subdivia on Plan for Westwood Hills, Phase IIA, recorded in Plan Hook 83, Page 22. SUBJECT to restrictions, condi- tions and easements as set forth on the above mentioned Subdivision Plan. UNDER AND SUBJECT, NEV- ERTHELESS, to conditions, restric- tions, easements and rights-of-way of record. BEING known and numbered as 707 Veronica Lane, Enola, Pennsyl- vania. TAX PARCEL NUMBER 09-12- 2992-244. TOGETHER with all and singu- lar the buildings, improvements, ways, waters, water-courses, rights, liberties, privileges, hereditaments, and appurtenances, whatsoever thereunto belonging, or in anywise appertaining, and the reversions, and remainders, rents, issues and profits, thereof; and all the estate, right, title, interest, property, claim and demand whatsoever, of E.G. Stoltzfus, Jr., Inc., in law, equity, or otherwise howsoever, of, in and to the same and every part thereof. BEING the same premises which E.G. Stoltzfus, Jr., Inc., a/k/a Elam G. Stoltzfus, Jr., a Pennsylvania Corporation of Lancaster, by Deed dated October 23, 2002 and recorded November 1, 2002 in the Recorder of Deeds Office of Cumberland County in Deed Book Volume 254, Page 1743, granted and conveyed unto Jill K. Whitmyer, single woman.