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Home My WebLink About00-03385 ( L .t -., ~\'1.i LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN, ESQUIRE ATTORNEY LD. #55669 44 Second Street Pike, Suite 10 1 Southampton, P A 18966 (215) 942-9690 Attorney for Plaintiff THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 199707 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97 5901 EAST FOWLER AVENUE TAMPA, FL 33617 Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. m~ 33<8:5 ta;J vs. CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 Defendant( s) COMPLAINT - CIVIL ACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 "' . ************************************************************************ NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************ 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. rfyou notify our offices in writing within thirty (30) days of receipt ofthis notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. rfyou notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. ~~ " '- 't.'; LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN ID# 55669 44 SECOND STREET PIKE SUITE 203 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97 5901 EAST FOWLER AVENUE TAMPA, FL 33617 Plaintiff( s) COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 Defendant( s) : COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. The Chase Manhattan Bank, As Trustee ofIMC home Equity Loan Trust 1997-7 under the pooling and servicing agreement dated as of 11/1/97, (hereinafter referred to as "Plaintiff') is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania and brings this action to foreclosure the mortgage between Charles R. Fletcher, Mortgagor(s) (hereinafter referred to as "Defendant") and itself as Mortgagee by assignment. Said Mortgage was dated November II, 1997 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1417 page 461. A copy of the Mortgage is attached and made a part hereof as Exhibit' A' . 1_. 1..'", '~~~r~ 2. The Mortgage is secured by Defendant(s) Note dated November 11, 1997 in the amount of $1 00,000.00 payable to Plaintiff in monthly installments with an interest rate of8.95%. A copy of the Note is attached hereto and made a part hereof as Exhibit "A". 3. The land subject to the mortgage is: 90 Cedar Street, Mount Holly Springs, PA 17065. 4. The defendant(s), Chmles R. Fletcher is the real owner(s) of the land subject to the mortgage and the Defendants' address is: 90 Cedar Street, Mount Holly Springs, PA 17065. 5. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they become due and owing. The following amounts are due: Principal Balance: Interest to 3/28/00 Accm. Late charges Escrow deficit Attorney Fee/cost $98,555.21 $ 3,206.07 $ 579.93 $ 135.00 $ 3,700.00 TOTAL: $106,176.21 plus interest from 3/29/00 at $24.17 per day, costs of suit and attorney fees. . 6. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No.6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose and the Notice of Homeowners' Emergency Mortgage Assistance is applicable and was sent April 5, 2000. The Defendan:(s) have not cured the default. ~- ~.~_L .... = .~ ~ " G_" '~. - . ~~j WHEREFORE, Plain: i ff requests the court enter judgment in Mortgage Foreclosure for the sale of the mOllgaged property in Plaintiffs favor and against the Defendant(s), in the slim of $106,176.21 together with the interest from 3/29/00 at $24.17 per day, costs of suit and attorney fees. Law offices of Gregory Javardian BY: ARDlAN . ,- ~ov~ffiber 11, 1997 {Date] NOTE ~ 6' MOUNT HOLLY SPRINGS' \'0 \ d i~PENNSYLVANIA (CJt)ll (Slate] ~7100?/) i 90 CEDAR STREET MOUNT HOLLY SPRINGS, PA 17065 (propeny'Adlbess) , , t 1. BO~OWER'S PROMISE TO PAY , I, In return lor a loan that I have received, I promise to pay U.S. $ uprinoipal"), plus interest, to the order of the Lender. The Lender is IMC MORTGAGE COMPANY I , I .' lunkterstand that thc'Leodermay transfer this Note. The Lender or anyone who takes this Note.by transfer andlwho is eDtitIed to receive paynleJ1ts undet thi{l Note is Tied the nNote Holder.. 2, INTEREST , Int"... wUl be char~ed 00 _ald prioclpallllllll the full omount of principal has b!<;o pald. I will pay interest at a yearly rate of 8.950 %..', " , i The in~ rate required by thif Section 2'JG the rate I wilJ. pay both before and ~r my default described in Section 6(B) '0/ this. N,o~e. ' . .. , 3J PA:YftlENTS I'. " tA.l Tlm..n~ 1'10" oll'oym",,1" . I will pay principal and interest by making paymenta every month. . I will make my monthly payments on the 17 day of each DlODth beginning on December " . '997 . I wUl mak. these paYO\enta every month until I have paid all 'of the principal and interest and any other I cllargJ described below that I iday owe under this Note. My monthly payme:I1U will be appJIed ta interest before . p;jocipal. If, on Novemper 17, 2027 , I still owe amounts under this Note. I wUl pay those amounts In full on that date, which is called the 'Ma1ur\1y Date.' I wiU mske my monthly payments al 5901 EAST FOWLER AVENUE ,TAMPA, FLORIDA 33617 " or sladifferentplace if required by the Note Hoider. I (B) Amount1of Monthly Payments . . , My DlODFY payt\>ef wUI be In the amount of U.S. $ aOl.03 ~. BORROWER'S RlGIrrTO l'REPAY '. ' I [ have the right to make payments of principal at any lime before Ihey llte due~ It- payment Qt princ,lpal only is I k;noY(D . a "prepayment. II When I make a prepayment, 1 will tell the Note Holder in writing that I am doing liO. I may makel a full prepayment or partial prepayments without paying. any prepayment charge. The Note Holder will use all of III!' prepayments to reduce the amount of principil that I owe uo4er, this Note. If I make a partial prepayment. 1hete wUl be no changes in the due date or in the amount of my monthly paymeIU: unleslf the Note Holder agreesin'wriring to those change.. I . , 5. LOAN CHARGES , , If a law, which applies to this lOan and which seta maxInmm loan charges, is finally Interpreted so' that the interest or lother loan charges ooUected or to be ooUeCted in conoect1oD wlth thls loan .....d the pamlUed limits, then: (i) any wch loan charge sha1I be redoeed by the amount Decessary to redoce the charge to the permitted limit; "'ld (ll) any anms already coUected from me which exceeded permitted limits wUl be refunded III me. The Note HDlder may choose to make this refund by.redoelng the principal I owe under this Note or by ~~ a.direct Pllj'ID01lt to me. If a refund reduces principal, the reduction will be treated as a partial prepaYl1lenl.l 6,~ORROWER'SFAD..URETO PAY AS REQUIRED , ,(All Late Charge for Oyerdue PDyioeots, .. . If the Note Holder has DOt received the full 0ID0lIlIt of any monthly paytneil\ by the end of 15 calendar days after the date it la ducl,l wiu pay a lale: charge to the ~ote Holder. Tho ~unt ~fltbe char~e will be 5.000 I $ afmy overdue payment of principjll and interest. ] wUl pay this tate cbarg~ promptly bUll only,once on each latei payment. " (B) Default . If I dO' not pay tile full amount of each monthly payment on the date it is due, 1 will be in default. I Ic) Nollce or Default. ., ' If I am in default, the Note Holder may.send me a written nollce telliDg me that if I do DOt pay the cverdue aiIlOUOt by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and aU the interest that I Dwe on that amount. That date must be at' least 30 days after the date on which the notice is deliVered or mailed to me. " (D) N~ Wai.er by Note Holder Even If, sl a tllne when I "'" in default, th. Note Holder does DOt require me to pay Immediately in full as described abcve, the Note Holder wUl stlJJ have. the right to do so if I am in default sl aiater time. (E) Payment of Note Holder'. Costs and Exp..... . If the Note Holder has requlred me to pay Immediately in full as described above, the Note Holder will have the I right to be paid back by me for all of its cosLs and exp~es in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for exampte, reasonable aItomcys' fees. I. " 100000.00 (this amount is called I I ,II MULTISTATE AXed RATE NOrE ~ Sitlgle F,m1lv - FNMA/FHLMC UNIFORM INSTRUMENT I '~..1 ora G! -SA '54'01 VMPMORTGAGI!FOlIMIl' WOOI~1'72tl . I , Fonn 3200 12/83 A.mended SJ91 Inllll":~ ~IU.~ I , -,." I Ii 1'1 , I , I i I ........~ J._. , 1 , I 7.fIVlNGOFNOTICES . . , Unlqss applicable law requires a different method. any notice lhat must be given to me under this Note wUl be giveD. by I delivering it or by mailing it by first class mall to me at the Property AddreSs above Of at a different address If I give the !'iole Holder a nodce of my different address. j , AIly notice that mu;;t be ;tven to the Note Holder under this Note will b'e given by mailing it 6y first class mail to the Note Holder at tI:ie address stated in Section 3(A) above or at Ii. different address if I am given a. notice of that I different address. I I , I ' 8. OllLIGATIONS OF PERSONS UNDER THIS NOTE , I Ifmore than one person'lIigns this Note, each person is'fuUy 8Dd personaliy obligated to keep all oflbe promises m~e in this Note, including the promise to pay the full ammmt owed. Any person who is a guarantor. surety or endorser (]f this Note is also obligated to do these things. Any person who t4es 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 Hplder may enfOlCO i" rltb" under ibis Note agalost eaeb person individually or against aU 01 ns together. 1bls mew tfat anyone of us may be re~~ to pay an of the amounts owed ~der this Note. 9. WAIVERS . 1;m1l my othet penon who has obllgaUODS l1Ilder this Note waive: 1he rights of presentment and DoUce of Jdisbonor~ MPresentmeutl1 means the right to require d1e Note Holder to demand paymem of amounts due. "Notice of dishonor" means the right to Iequire the Note HaIdet; to give, notice to other persons that amounts ~ue have not been p.Jd. , . ,I, , 10. UNIFORM SECURED NOTE I This Note is a wMorm. instrument with limited variations in some jurisdi'Olions.. 'In addiUou to the ptGtet;tlons I given to Ibe Note Holder under Ibis Note. a Mortgage. Deed of Trust or Socurity Deed (lbe'Securltji Instrument'). ~1ed the same,date as this Note. protects the Note Holder from-possible losses wl1ich might result If 1 do not keep Ibe promlaes wbicb IIllllIol in thla Note. That Seeurlty Instrument desCrlbes bow and under wbat condidons I may be required to make immediate payment in full of aU amounts I owe under this Note. Some of those conditions are described as follows: ' " Transfe~if tbeProperty or a Beneficial Interest in Borrower. If aU or an)' part .ofthe Property or any irttere.st in it' is sold Of transferred (or if a bcn~cia1 interest in Borrower is sold or transferred and II Borrower is not a natural' person) without lender's prior wriuen consent, .Lender may, atl its option, Ir<<(1iire IIiunediate paY\llOll11n lnll of aU ..... '.....d by Ibis Sel:nritt InsIIomel1L However. ibis. option =~e .exercised by Lender If exerelae Is prohibited by.fOlleral law as oC Ibe date qf Ibis Security If Lender exercJses this option, Lender shall give BorrOWer llotice of acce1~on. 'The notice shall provide a periOd of not less than 30 days from the date the notice is delivered or DUliled within which Borrow~er; ~S:t pay all sums secured. by this Securlty mstrumeut. If BOITower 'fails to pay these swns prior to the iraUoJllof this period, J..ender may'invoke any remedies pennitted by this Security Instrument \ without ' er JlOUce or demand on' Borrower. ' I . I WITNESS THl! HAND(S) AND SllAL(S) t'lP TIll! UNDl\RSlGNlID. ~'d ~ CHARQ?Fr&fV SSN: ~Ol-58.4842 (Seal) .Bonower, (Seal) -Borrow~r SSM: (Seal) .Bonowtt SSN: I " (Seal) -Bonow~r , " SSM: (Sign OrigiJlpron/y) I , , , I , _e'pA ISM ,. Form 32.00 12/83 . PogIIhl2 ............~; " i i I ~"'i'" , I , I" III --~ ~ ~~ , , ,~~- , .' I . . CERTIFIED It cop)9-P I hereby certify that this is a true and correct copy of the original document. ~~~~~~},,~~()A , , Parcel Number: rSpace Above This Llno For Recording Data] , , , , MORTGAGE , I . I I THIS MORTGAGE ("Security Instrument") is given on . November 11. 1997 CHARLES R. FLETCHER 'I . TIle lmortgagor is I I I ' , C:Jofower')' This sebunty Instrument is given to IMC ,MqRTGA~E COMPANY. A FLORIDA CORPORATION which is organized and existing under the laws of FLORIDA address is 5901 EAST FOWLER AVENUE TAMPA. FLORIDA 33617 lONE HUN9RED THOUSAND , , and whose , and 001100 , . . ("Lender"). Borroy;er owes Lender the princip~ sum of I' Dollars (U.S. $ 100000.00 ). This debt is evidenced by Borrower's note dated the same date as tI1is Security Instrument ('Note"), which provides for monthly pal'l)1ents, with the full debt, if,not paid earlier, due and payable on. November, 17, 2027 ' . This SecuritY Instrument secures to Lender: (a) the repayment of the debt evidenced by Jpe Note,.with interest, and all renewals, ext~msiQns and modifications of the Note; (b) the paymeot of all other, sums, with interest, advanced under paragraph 7 to PfOtl'Ct jbe security of this Security Instrument; and (c) the perfonnance .of Borrower's covenants 'and ~greemeDts un~etlthis . Security Instrument and the Note. For this plUpose, BorrDwer does, hereby mongage, grant and convey to Lender the following I described propertY l~cate~ in GUMBERlJ\ND '. I '. CountY, Pennsylvania: " i I I I' ,I, I which has the address of 90 CEDAR STREET MOUNT HOLLY SPRINGS Pennsylvania U065 lZipCode] ("Property Address"); PENNSYLVANIA-Single Femilv.FNMAJFHLMC """ UNIFORM INS~RUMENT Form 3039 9/90 ~ ~6RIPA) t9~101,OI Amended 5/91 I I 1Il VMP M()RTGAGE FORMS. ISOOl521.7291n Ii 1/,- P~I) 1 of 15 I InlUals: \Jic...~ [Street, City). II1111III1II11I11 "'111111111111111 ~ ~~~ ~..,-_. ~~, ~"""..",~.,,-..- L~~ ~.__ ,~ ~ . ">~_",M,j....."", ~. - " ," ~ "'-""'~".-!i!J~",' i I ,I, I ',' I 1 I TOGETHER' "'!lTH ,all the '.=to now qr hereafter e~ed on the p~. 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 Jpstrument. All of tI;le foregoing is referred to In this Securll}' Instrument as the "Property.: I BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right' t~ mortgage, granl and convey the Property and ,that, 'the Property Is unencumbered, except for encumbranc,es of record. Borrovier i"'an;ants and will defend generally the title to the Property against all claims and demands, subject to any enculnbrances of r*r4. THIS SECURITY INSTRUMEN'\' combines uniform covenants for national nse'and non-uniform covenants with'limited variations by jurisdiction to constitute ll,uniform security instnnllent covering real property. UNIFORM q)VENANTS. Borrower and Lender covenant and agree as follows: I , 1. Payment of Principal and :tnt~est; 'Prepayment and ;Late charges. Borrower shall promptly pay when due rpe principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. I '2. Funds for Taxes and Insurailee. Subject to applicable law or to a written waiver by Lender, Borrower shlill pay to Lender on the day monthly payments are due under'the Note, until the Note is pai<l in fuU, a sum ("Funds") for: ~a) yearlyl:tl1Xe$ ,and assessments which'may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehoM payments or ground tents on the Property, if1any; (c) yearly hazanl or property insurance prelniums; (d) yearly flood insurance premiums, if any; (e) ywly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to j..ender, in accordance with Ih~ provisiollS of paragraph ~, in lieu of the payment of mortgage insurance premiums~ These items are called "Escrow Items.' Lehder maY1 ~t any time, collect and hold Funds in an <lIIlOunt not r,. exce"'1 the maximum amount a lender for a ,federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures iAct of 1974 as =ded from time to time, 12 U.S.C. Section 2601 et seq..("RESPA"), ,unless another law that appli~ to ,the Funds sets a lesser F.~unt. If 'so, Lender may, at any time, collect and hold Funds in an lUlIount not to exc~ the lesser I amount. I Lendl'1' may estimate the aq>ount of Funds doe on the basis of corrent data and reasonable estimates of expenditures of future , , ' Es~r\lw ~tems or otherwise in accordance with appliCable law. ' , ' , ' Th~ funds shall be held in anlnstltution whose, deposits are insured br a federal' agency, instnnnentaJjty., or entity ,(lncl~ding Lender, If Leoder is such an Institution) or in any Federill Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annuillly analyzing the esCrOw acCount, or verifying l/1e Escrow Items, unle\;s Lender pays Borrower interest on the Funds and applicable law pennits Lender to make s~ch a charge. :;t,e'ver, Lender may reqUit, e Borrower to pay a ono-time charge for an independent real estate tal\ 'reporting service 1USe4 by or in connection with this loan, tmIess applicable law provides otherwise. Unless 'an agreement is, made or avplica~le law requites interest to be paid, Lender shall not be requited ,to pay Borrower any interest or ~gs on the Funds; Borrower and Len~er may agree in writipg, however, that interest shall be paid on the FUnds. Lender shill give to Borrower, without charge, an annual accounting of the Funds, 'showing credits and debits tq the Funds and'the purpose for 'which each ,debit to the Funds wail made. The Funds are pledged as a4ditlonal security for all sums secured by this Security IDs\fWDCllt. If the Funds held by Lender eJ<ce<:<i the amounts pennitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amouni of the Funds held by Lender at any time is not sufficient to;pay the Escrow Items when due, Lender may so notify Borrower ip writing, and, In such case Bprrower shall p~y 10 Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than \Welve moJllhiy payments, at Lender's sole discretioll,. ", " ,'I 'Upon payment in fnll of all sums ~ by this Security Instrument, Lender shilll promptly refund \0 Borrower, any Funds held by Lender. If, under paragraph 21, Lender shallllCqulre or seU the Property, Lender, prior to the acquisiti~n pr sale of the Property, shall apply any Funds held by Lender at the time of acq\lisition or sale as a credit against the sums secured,by this Security Instrumenl. , 3, Application of Payments. Unless applicable law provides otherwise, all payments received by Lender uiuler paragraphs i1 and 2' shall be applied: first, to any prepayment cibarges due und~ the Note; second, to lUlIOunts payable under paragraph 2: third, to lnIerest due: fourth, to principal due; and tasl, 10 any late charges due ul\der the Note. I " " '4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, tine. and impositions attrlbut.able 10 the Property which may attain, priority over, this Security, InStromenl; and leasehold payments lor ground rents, if any. Borrower shall pay these obligatlotlS in the mannerptovided in paragraph 2, or If not pald in that manner, Borrower shall pay them on, tim~ directly , , to the person owed paYment. Billiower shall promptly furnish to Lender all noticeS of amounts to be paid under this paragraph. If Borrower makes these paymepts directly, Borrower s1iall promptly furnish to Lender receipls evidencing the payments. 'Bqrrower shall promptly discharge any lien which has priority over 1llis Security Insll\unent unless Borrower: (a) agrees in writjng to the paymenl of the obligation sCC1lred by the lien In a manDer 8l7eptable 10 Lender; (b) contests in good faith the lien by, 'or defentls against enforceinent of the lien In, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the Uen; or (c) secures from !he holder of the lien an agre~ment satisfactory to ,Lender subordinating the lien to this Se<;urity instrUment. If Lel\der deten'nines that any part of t!le Property is subject to ,a lien which may attain priority over this Sedurity Instrument, Lende~ may givo Borrower a noti<;e identifying the lien. Borrower shall satisfy the li~n or take one or more of the actions set forth above within 10 days of the giving of notice. " , I I . ' , ',~ .6RIPA) 194101.01 -", ' Pag1l2 of 6 'I For"13039 9/90 , lJUJ/ i !1'.'.4t-- - -", " -=<-"'~0!l0_"=D<"'~"~~~"' I.~, ~ - --.... ,"'~ , I , 5. Hazard or Property ~l. Borrower shall keep the improvem~ existing Or hereafter erected on 'the Property, inSured against loss by ~.aards inclu\led within the term 'extended~ge' and any other hazards, induding flopds or flooding, for which Lender requires insurance. This insunmce shall be maintained in the amounts and for the periods " that ;Lender requires. The Insurance carrier providing the insurance sball be cho~en by Borrower subject to Lender's approval ' w~c~ shall .not be unreasonably withheld. ~f BO,rrower falls to :namtain coverage descri?ed above, Lender may, at Lender's option, obtain coverage to protect Lender's nghts in the Property m a<;cordance wit)1 paragraph 7. All insurance poli9ies and renewals shall be acceptable to Lender and shall include a standard mongage clause,. Lender shall have the right to hold the p~licies and renewals. If 1-ender requires, Borrower'sball promptly give to Lender all receipts of paid prelDiwns and renewal notiCes. In the event of loss, Borrower shaII gi~e prompt notice to the insurance carrier and Lender. Lender lIiay make proof of loss if not made promptly by Borrower.' ' , pDless Lender and Borrow~r otherwiseagre. in writing, insurance proceeds shall be applied to restoration or repair of the Property dam3ged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repi'ir is not econOlDlcally feasible or Lender's security would be 1esS"'1ed, the Insurance proceeds shall be applied ito the SUlllS secljred ry this Security Instrunjent, whe/heror not then due, with any excess paid to Borrower. If Borrower abandons the Prbperty, or doeS not answer wilhin 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then , Lender lIllIJ' collect the lnsI/ran'j" proceedS. Lender may nse the proceeds to repair or restore the Property or to pay sums, , s~ure<\ by thls Security InslI1J'Dent, whether or not then due.' The 30-day period will begin when the notice is ,given. , tlnless Lender and BOl}ower otherwise agree in writing, any application of proceeds to principal s/iall' not. extend or posq,one the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of tile !payJnents. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance pollcles and proceeds r"1"ltingfrom damage 10 the Property prior to the acquisition slWI pass to Lender to the !')ttent of the sums secured by this S,ecurity InsU1lD\ent jediatelY pri~r to,llle acquisition. ' " 6. Occulianw, ~ervation, Maintenance Bnd Protection of the Property; Borrower's Loan'Applicalion; Leaseholds. B? ower ~l occupy, establish, and ~se the Property as Borrower's principal reside.oc: within ~ixty days after the execution of thls Secunty Instrument and shall continue to occupy the Property as Borrower's pnnelpal residence for at least one year after the date pf oc?Upancy, unless .Lende~ oth~rwise agrees in writing, which consent shall. not he unreasonably'withheld, or unless extenuatlbg ClrCwostances eXist which are \leyond Borrower's conlrol. Borrower shall not destroy, danlage or impair the Property, allow the Property to ,deteriorate, or commit waste 00 the Property. Borrower shall be in default If any forfeiture action at proceeding, whether civil or erimina1. is begun that in Lender's good faith judgment could result in forfeiture of the P/'Operty or otherwise materially impair the lien created by thls S~ty Instrument or Letider's security interest. BQrrow~r may c~e such a default and reinstate, as provided in paragraph 18, by causing the action or proc;eeding to he dismissed wit4 a ruting ,that, in Le?der's good faith determination, precludes forfeiture of the Borrower's interest in ,the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if BOl;ower, during the loan application proceaa. gave materially false or inaccurate information or statemei1ts to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced b:( the Note, including, but not limited to, representations concerning Borrower'. occupancy of the Property as a principal 'residence. If this Security Instrument Is on a leaseI.old, Borrower shall comply with all the provisions of the lease., If Borrower acquires fee, ,title 10. the Property, the lel\Se\Jold! and the fee title shall not merge unlesll Lender agrees to the merger in writing. , I I , 7. Protection of Lender's Rights in the Properly. If Borrower fails to perfonn the covenants and agreements contained in this Security Instnlmrnt, I;>r there is a legal proceeding that may significantly affeCt Lender's rights in the Property (such as a proc~g in bankr\1ptcy, probate, for condemnatiqn or forfeiture or to enforce laws or regulations), then l1endi'I may do and pay for whatever is.n~satY to protect the value nf the Property and Lender's rights in the Property. Lender'~ actions may ,ihclude paying any'swns secured by a lien wblch bas priority over this Secprity Inslrument, appearing, in <:nurt, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may lake action under tl\is ~aragraph 7,Lcnd<'t'doesnothavetodoso. " ' " , ,I ' , AJ\y amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrnwer secured hy this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amountS shalll!ear interest from ihe date 'of disburselneot at the Note rate and slWI be payable, with interest~ upon notice from Lender to Borrower requesting , , , payment. . I 8, Mortgnge Insurance. If Lender required mortgage insurance as a condition of making the loan secured, by this Security Instrument, Borrower shall pay the premlwns required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lellder l~pses or ceases to be In effect, ~orrower shall pay the premiums requited to obtain coverage substantially equivalent to the mortgage insurance previously in effect, 'at a cost sobstantially equivalent to the 'cost to Borrower, of the mortgage insurance previously in, effect, from an alternate mortgage insurer approve9 br Lender. If substantially equivajent mortgage ihsurance coverage is not available, Borrower shall pay to Lender each mooth a sum equal to one-twelfth of the yearly =rtgage insurance premium being paid by Borrower when the insurance Coverage lapsed or ceased to he ~n effect. 4nder will accept, use and retaln these payments as a loss reserve in lieu of mortgage insurance. Loss ,'reserve form S039 9jr:O. 'l:lhJa~:~ i G .6RIPAJ 19"OI.D1 ., , I Paga30111 I' , I , , , ' , " " , il) .........'IlIIIIliliI..... . ~ ~ ~_.....L~ . , L~"_ IIiIlIliliiIllI -~-~ " Il>:hji;_t " ), ~ ,~",,",J!~""-' I ~ . I . " I I ,I, , ph,.ments may no longer be r~e option of Lender, if mongage ins~e (in the amount and Jar the period that vm~er requi,:",,) provided b~ approved by Lender againbecomes'~e -;"d is obtained. Borro,,!er ~hall pay ~e prenuums r~quired to maIn~ mong~ge insurance in effect, or to provide a loss reserve, until ,the requireme~t ~r 1)1ortgage msurance ends m accordance With any wntten agreement betweeu Borrower and Lender,or applicable law. ,I , I ,,9. Inspection. Lender Or its agentlDaY make reasonable enmes upon and inspections of the Property. Lender shall give Borrower notice htthe time of or prior to an inspection specifying reasonable cause for the inspection. I , 10. Condemn~tion. The proceeds of 'any award or claim for damages, direct or consequential, in connection wilh any condemnation or other taking of any parrof the Property, or forconveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. , I In the event of a total taking of the Prollerty, tjle proceeds shal1 be applied to \he SU1DS secured by this Security InstnJj11ent, :-vhether or not, then due, with any excess paid to Borrower. In the event of a partia1 taking of the Property in 'which the fair market value of the Property immediarely before the taking is equal to Or greater than the amount of the sums ~ecured by this Security Instrument jmmediately before the taking. unless Borrower and Lender otherwi>e agree in writing. the sum! secured by !/lis Security Instn1lllent shall be reduced by the amount of the proceeds multiplied by the fOl1o*ing fraction: (a) the total am~unt of the; sums secured immediately before the taking, divided by (b) the fair market value of the Property Immediately before the taking. Any balance shall be paid to Borrower. In the event of apartia1 taking of the Property in which tpe fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the I taking, unless Borrower and, Lender otherwise agree in writing or unless applicable law otherwise provides, the 'proCCfds shall I be ap~lied to Ibe'sums secured by this Securlty,Instrument whether'or not the sums are then due. I' I,lf the Pr~perty is abandoned by Borrower, or if, after,notice by Lender to Borrower that the condemnor offers to make,an award ~r\settle ~ claim for damages, Borrower fails to respond to !lender within ~O ,days aft..r the ,date the notice, is given, Lenddr IS authonzed to col1eet and apply the proceeds, at its option. either to restOnilion or repm of the Property or to the sums sl'C1lred by this Security Instn1lllent, whether or not then due. I Unless Lender and Borrower otherwise agree in writing, any applicatloo of proceeds to principal shall Dot ext~d or postpone the "uo date of the 'monthly paynu:nts referred to in I'aragtllphs 1 and 2 or cbange the amount of such paY'1lenls. ' , , 11. 1I0rtower'Not Released; ,:Forbearance lIy Lender Not a WaiVtl;, Extension of the time for paymet.t or modification of athortjzatlon of the sums secured by this Security Instrument granted by Lender to any successor ,in interest of Bolto"'er shall not operare to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be reqUired to ' commence proceedings ,against any SU<:ceSsor in interest or refuse to extend time for payment or otherwise modify a,mortizatlon of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's' successors in interest. Any forbearance by Leader In exercising any right or remedy shall not be a waiver of or'pteclude the exercise \If any right or remedy. \ , ' 12. Successors lll1d Assigns Bound; Jomt and Several Liab11lty; Co-signers. The covenants and agreements of this SecuritY Instrument shall bind and benefit the SUccesSOIll and assigns of Lender and BOrrower, subjeet to the proviSions of panigraph 17. Borrower's covenants and agreements shsll be joint and several. Any Borrower who co-silins. this Security IiuilnJ1llent but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's Interest in the Property under the terms of this Security Instnnnent; (b) is not personall'y obligated to pay thp SljrIlS I secured by this Security Instrument: and (0) agrees that Lender and any other Borrower may agree to extend, modify, forbear Or make any accomrnodatiollS with regard to the tenDs of thisSecurity,lnslr1ilDent or the Note without that Borrower's consent. ' 13, L~an Charges. If the loan secured by this Security Instnnnent is subj"l'tto a law which sets maximum loan chlltges. :'fd that Ilaw is finally interpreted so that Ibe inreres! or other loan charges col1ected or to be col1eeted m connection with the loan exceed the pennitled limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge , " to the 'pennitted limit: and (b) any sums already cal1ected from Boltower which 'exceeded p~tted limi~ will be refunded to Borrower. Lender may choose to make this refund by, reducing lhe prin!lipal ofed uncler the Note or by making a direct plly)Ilel1l to Borrower. If a refund reduces prinCipal, the reduction will be treated as a partial prepayment without any , prepayment charge under the N~te. ' ' 14. Notices. Any notice l~l Borrower provided for in this SecurIty Instnnnenl sh,alI be given by delivering it or by mailing It by firS1 class mail unless apphcable law requlres use of another method. '1'he notice shall be directed to the Property Address or any ,dther address Borrower designat~ by notice to Lender. Any notice to Lender shall be given by first class mail to ' Lender's ad4rI'SS stared herein Or any other'address Lender designates by:notice to Borrower. Any notice provided fpr in this Security lnstn1lllent, shall be' deemed to have been given to Borrower or Lender when given as provided in Ibis paragraPh. I 15. Governing Law; Sevprability., This ,Security Instnnnent shall be governed, by federal law and the law of lbe jurisdlct~n in which the ProP"l1Y is located. 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 Securi1)' Ihstruroent or the ~ote which can be given effeOl without Ibe conflictjng provision. To this end the ,provisions of Ibis Security Instn1lllent and lbe Note are declared' ' to he severable. I' Ii , i 16. Borrower's Copy. Borrower shail be given one conformed copy of the Note and of \his Security Instnl~"1\t. Form 3039 9/90 lnl~lllts:~: 4G -6RIPA) ,,4101,01 .. I I I PtOll411IG Iillid--.1: ,- _I.-: i .J'IIW!IIII~I~lilI~lllliilllliiJliojlllillilllil_!i~.illll"lIIIiijij''''' _I",_'~_k ~ "1Il~1 ~- ~ ~~~ -,., ~ ~ ...."",~~ liir,,"~ " ,I I , . .,' I "i I I I ~7. Transfer of the ProPert_encliclallnter~ in Borrower. If all oraA.!Ofthe Property or any interest m: it is sold or transferred (or if a benefiCIal mterest in Borrower is sold or li'ansferred aJj~wer is Dot a Datural:person) without Lend~r's prior written consent, ,Lender may, at its option, require immediate payment in full of all sums Secllf"d by this Secunty Instrument. However, 'j option shall Dot be exercised by Lender if exercise is prohibited by federal law as of !lie date of this Security instrUment. ' , i , , If ~der exercises this option, Lenl/er shall give Borrower notice of acceleration. The ,notice shall provide a period of not less th~ 30 days froml the date the notice is delivered or mailed within wbich Borrower , must pay all sums secnred by ,this Senutjty Instl1lI!'ent. If.Borrower ,fails to pay these sums prior to the expiratioo of this period, Lender may invoke my remedles penmtted by 'this Secunty Instl1JJIient without further notice or demand on Borrower, ,,' I 18, Barrow.er's Ri;ht to Reinsta~. If ,Borrower me<:1S c~ ,,?DditiOD~, Borrower, shall have the, right to have enfb~~t of thIS Sec":,ty Ins\fU;D1ent discontlDued at any um, e ,pnor ta the earlier of: (a) 5 days (or sucb other period as apphc:\bl law lIJ'ly specIfy for re.instalement) before sale of the Property pursuant to any power of sale contained in this Security trUment: or (ll) entry of a judgment enforcing this Security InStrument. Those IXlnditions are that B9rrower: (a) pays Lender all GUIIIS whicll then ,wo,*d l>e due under this Security ~trUment and \he Note as if DO acceleratien had ocenrred; (b) , cu~es ~y default of any other covenants or agreements; (c) pays all expenses incurred in enforcing thi's Sec\lrlty l!1s11ument, including, but not limited to, reasenable attorneys' fees: and (d) takes such action as Lender may reasonahly tcq\lire to assure thaI the lien of this Securityl!1strnment, Lender's rights in the Property and Borrower's obligation 10 pay the suihsl~eCured by 'this Security Instrument shall continue onchanged. Upon reinstatc;menl hy Borrower, this Security Instromeht and the ohligations secured he~eby shall remain fully effective as if no acceleration bad occurred. However, this right to reitistate shall nbt apply in the case ef acceleration onder paragrapb 17. " ' ~9. Sale of Not~ Change of Loan ServiFer. The Note or a partial interest in the Note (Iogether with ,t!1is Security Ins ent) may ~e sol~ one or more times without prior notice to Borrower. A sale may result in a change in the entity (knewn as e 'Loan Servicer") that collects mootbly payments due under the Note and this,Security Instrulnenl. There also may be one or'mare changes of the Loan Servicer unrelated to a sale of the Note. If'll1ere is a change of the LOan Servicer, Borrower will be given written notice of the change in accordance with paragrapb 14 above 'and applicable law. The notice will Stale the naIne and address df the Dew Loan Servicer and the address to which payments sbould be made.' The notice will also Contain any other information required hy applicable law.' ' , , ., , 20, Hazardous Substances. Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Haiardous Substances on or in the Proper!J. Borrower shall not do, nor allow anyone else to de, anything 'affectinl\ I the Property that 'is in ,violation of any Environmental Law, The prepeding two sentences shal,l not apply to the presenqe, nse, or storage on the Property of smail quantities of Hazardous Substances that are generally reco~ to be appropriate to normal residential USCl' and to maintenance of Ibe Propejty, ' , I I Borrower shall promptly give Lender written notice of any investlgation, claim, demand, lawsuit or ether action by any governmental or regulatory agency or private party invelving the Property and any ~ous Substance 0' Environmental Law ef which Borrewer has actual knowledge. If llorrower learns, or is notified by any governmental er regulatory authority, that I any removal or other remediation of any Hazardeus Substance affecting the Property is n~sary, Borrawer ,sball promptly take allli=ary remedial action.<; in acecrdllnce with EnvirownentaI Law.' , J As used in this paragraph 20, "Hazardeus Substances' are those substances defined as toxic er !lazardous substances by EnvlrollD\ental Law and the follewing substances: gasoline, kerosene, otl1.er flammable or toxic petroleum products. 'tCiJUC pesticidesl and herbicides, volatile solvents, materials containing asbestos or fermaldebyde, and radioactive materials. As u.!ed in this paragraph 20" "Environmental Law' means federal laws B1\d laws of the juri~diction wbere the Property is located that retate to health, safel}1 or Cllvirenri1ental protection" ,I, ' NON-UNIFORM; ~OVENANTS, Borrower and tender farther covenant and agree as folloWs: :' 21. 'Acceleration; Remedies_ Lender shall give notice to Borrower prior to ae<:eleratlon following Borrower~' breach of I1/1Y covenant or agreemeDt in this Security Jnstrmnent (but Dot prior to acceleration under paragrap 17 unless applicable law provides otherwise), Lender shal1 notify Borrower of, among other things: .(a) the default; (b ,the action requlred to cure the default; (c) when the default must be cured; and(tl) that failure to cur,e the default as sp~ifi'l'l11lay result in acceleration of the sums secm-ed by this Security Jnstrmnent, foreclosure by judiclalptoceeding ~d ,al~ of,the , Property. Lender shall further inform Borrower of the rigbtlto reinstate after aeceleration and the right to assert,in the 'i foreeloSlae proceeding the non-existence of a default or any other defense of Borrower to aCCeleration and foreclosure, It the aefault is npl cured as specified, Lender, at ,its option, ntay require immediate payment in full of all fWIJS secured by this SecuritY Instr/Iment without further ,demand and may foreclose tbis Security Instrument' by judicial proeetding. Lender shall be entitled to collect all ,expenses incurred in pursuing the relIledies provided In this paragrapIl 2~, including, but not limited to, attorneys' fees and costs of title evidenee to the extent permitted by applicable law, '22. Release. Upon payment of all sums secured by this Security InstrUment, this Security InstnnJlent and the estate cbnveyed shall terminate and become void. i\fter such occurrence, Lender shall dip:harge and satisfy litis Sceurity Instru\hent without cbarge to Borrower. Borrower shall pay any recordation costs, ' , , 23. Waiv~. Borrower, to the extent pennllled by applicable law, waives and,re!eases any error or defects in proceedings to enforce this Security Inslntmer1t, land bereby walves the benefit of any present or future laws providing for stay'of execution, extension of time, elIemptlon from attachment, tevy and sale, and homestead exemption. , ' I 24. Reinstatement Period, Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the ecmmencement of bidding at a sberiffs sale or other sale' pursuant to this Security Instrument. ' I 25. Purchase Moner Mortgage. If any of the debt secured by Ibis SecuritY Instrument is lent to Borrower to acquir!, title to the Property. this Secunty l!1strument shall be a pllrChase money mOf/gage. , 26. Interest Rate After Judgment. Borrower agrees \hat the interest rale payable after a judgment is entered on the Note or in an .ctio~ ef mortgage foreclosure shall be the rate payable frolD time to'time under the Note. I I ' , " _I,' <DQCol~Rl~A) (5410).01 P~G5QI1'l Fo,m 30C9lr \l\\uet~\ ./ < I' , I I ,II \ ~-~ ,,-,,~.o' ,. , I ,I, I - . 'I I , 27, Riders to this Security Instrument. If one or more riders are executed by Borrower and ~corded together with this SeFurity ~trurnent, the covenants and agreements of each such rider shall be incolJldrated into and shall amend ~d supplement the c6venants ankIagreements of this Security Instrument as if the rider(s) were a pan of this Security Instrument. " I [Check applicable box(es)] " I D Adjustaljle Rate Rider D Condominium Rider' 0 14 Family Rider ' D Gradu~ted Payment Rider 0 Planned uirlt Development Rider 0 Biweekly Payment Rider I" [] Balloon Rider' 0 Rate Improvement Rider D Second Home Rider ,~ V t Rider q Other(s)[specify] , , . BY SIGNING B;ELOW, Borrower accepts lII1d agrees to the tenns' and covenants contained in this Security Instrument ';"d in'.lII1y,ridl:r(s) dxecuted hy Borrower'and recorded With it. /J ' ,f} [ ~ W,lDessesi ~C Qiu d V/!LL~ j} nt/If II CHARLE(~. fLETCflE~ / -Bo~:~2 I ~ (Seal) aBorrower, (Seal) -Borrower I (Seal) .B6lTOi.e, ,Certificate of Residence III /l, . '( I, Imellssa H. C:1.... tht \Vithin~amed Mongagee is ,jJq() I e Dsf '" '-1fiI}l..{JCl1 t:='/tJodo. iJ3t..17 V(ltne5S my hand this II day of " do hereby certify lIiat the correct addreSs of COl'vI1VIONWEALTHqFPENNSYLVANXA, , on~is,\Ile JI, ' dayof N()vetJ~ pers?n~lysppeared 'CharA:5~. F/ddu." , I , '. ( , known tome (or satisfactorily ,Proven) to be the person , whose name 1"5 subscribed to the within instromentlll1d acknowledged that h.. e...:. " exe9uted, the same for the PUlJll'sek herein contained. ~' r t2 ~ ' IN W~ESS ~EREOF, 1 hereunto set my hand and of ial 11// I / /'1 r My CODUlUsslon Exptres: ------.1cl"-{!A/_& > _ _ _ Mells..~,01\~~\J~~ry Public (lI7:hiUi Publ;)) , OWerAUenll'W ..Cu berland County '-1~ (J . y Com~is io Expir s Sept. 6. 1999 TWe ofOfficc:r 'cg-,RIPA) {94101,OI PlrQa60fll , &~ " County ss: C)C) 7 ' I , before me, the undersigned officer, , , . I nt or Mongagee Form 30~9 9/90 '>,;! ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE April 5, 2000 CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 THIS FIRM IS A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A TIEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mormage on your home is in default and the lender intends, to foreclose, Specific infonnation about the nature of the default isproyided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to help to save your home. This Notice explains how the prol!l1l111 wOlks. To see ifHEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF 1lIE DATE OF THIS NOTICE. Take this Notice with vou when you meet the Counseling Agency. The name. address and phone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. If YOU have anY Questions. YOU mav call the Pennsvlvania Housing Finance Agencv toll free at 1-800.. 342-2397. (Persons with imPaired hearing can call (717) 780-1869). This notice contains important legal infonnation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICION EN A1)JUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDIA TAMENTE LLAMANDO ESTA AGENCIA (pENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POREL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDA SAL V AR SU CASA DE LA FERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): CHARLES R. FLETCHER PROPERTY ADDRESS: 90 CEDAR STREET, MOUNT HOLLY SPRINGS, PA 17065 WAN ACCT. NO.: 1312925 ORIGINAL LENDER IMC MORTGAGE COMPANY, A FWRIDA CORPORATION CURRENT LENDERlSERVICER: CITIFINANCIAL MORTGAGE COMPANY FIKIA IMC MORTGAGE COMPANY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECWSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEF AUL T HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -Ifvou meet with one of the consumer credit counseling agencies listed at the end of this notice the lender mav NOT take action against vou for thirtv (30) davs after the date of this meeting. The names. addresses and teleohone numbers of desil!l1ated consumer ctedit counseling agencies for the county in which the orooerlv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30)) days of your face-ta-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 1- AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application, NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (Uyou have filed bankruptcy yon can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it UP to date) NATURE OF THE DEF AUL T- The MORTGAGE debt held by the above lender on your property located at: 9{J CEDAR STREET, MOUN'rHOLL Y SPRINGS, PA 17065 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12/17/99 thru 3/17/00 at $801.03 per month. Monthly Payments Phis Late Charges Accrued: $3,784.05 NSF: $0.00 Property Inspection: $9.95 Other: $97.06 Insurance: $0.00 Attorney fees: $185.00 (Suspense) ($0.00) TOTAL AMOUNT TO CURE DEFAULT $4,076.06 B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAUL T- You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PA YlNGTHE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,076.06 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavment must be made either bv cashier's check. certified check or monev order made payable and sent to: CITIFINANCIAL MORTGAGE COMPANY. 4501 ERSKINE ROAD. SUITE 50. CINClNNA TI. OH 45242-4713. A TfN: HOLLY CARROLL. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use ifnot applicable) N/A. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon Your mortl!age properlY. -'-dO -~'ii!ij IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY period. vou will not be required to pav attornev's fees, OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and prevent the sale at anv time UP to one hour before the Sheriff's Sale. You mav do so bv paving the total amount then past due. plus anv late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing bv the lender and bv penonning anv other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DA TE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- ClTIFINANCIAL MORTGAGE COMPANY 450 I ERSKINE ROAD, SUITE 50 CINCINNATI, OH45242-4713 A TIN: HOLLY CARROLL TEL. NO. t-877-222-1140 EXT. 6680 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You _ mayor XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale that the other requirements of the mortgage are satisfied. - .. ,_1- . ~ ~~ ,,~' ,~M!.. YOU MAY ALSO HA VB THE RIGHT: . TO SELL mE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE mls DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF · TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE mAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. /'''?efy truly yours, / /i '0/ ,"; -" ~- ..1.., , i"f'/} / ' !, >t"" , ATTORN~FMENDER "I ~Ii-*_ NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************ 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. . " ~. -. PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS of West em Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, P A 17101 (717) 234-5925 FAX (717) 234-9459 Community Action Comm of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlisle 301 G Street Carlisle, P A 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 PENNYLSV ANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that the statements therein made are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Q)r~ 5(!Mp{ f \. , "-",-"-,,,,_.,-,,-,-",~,,,,,,,,.,<,,,,--,,,,,,,,,,"I" .... " ~ ~~ ~ ~ ~ .'-~ .' - mil 'l~~ l\d'MM n I~ ~ ~~ ~ \J \ \\ ~ .. ~ raiIiIIiiIIlj,jW,.l - ~~~ -.E!IIWjl . II I I II I ~ _.. (') c,:) 8 s;:;; 0 :5." '- ~-t.o ~.;:;;; -r "1'1 (1'r-;] j-: z::o ~-_.- ;::--=:: 7-' I ~ _t T ~d.; i") i--~, .- ,.~,. CJ ,<0 -0 'i-:: --.-, ~.O -~.. ~:~;;,:~ $2 N ~r 7' ;::) ,,;;" -< 0 ~ [.) pj ~~ . f! 00~"iJ If- ~ r &[ ~ ~ r _J "~ ' ~ ...,j ,'~ - , , LAW OFFIC.eS OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTIfAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE CUMBERLAND COUNTY POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97 No.: 00-3385 CIVIL 5901 EAST FOWLER AVENUE TAMPA, FL 33617 vs. CHARLES R FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against CHARLES R FLETCHER, Defendant, for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As Set forth in Complaint Interest 3/29/00 to 11/13/00 $106,176.21 5.534.93 TOTAL $111,711.14 I hereby certifY that (1) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice bas been given in accordance with Rule 237.1, copy attached. ARDIAN, ESQUIRE . tiff Damages are hereby assessed as indicated. (l/1-f~ ) ~. ~ PROPROTHY U DATE: I;VO() 17, ;;(060 ~-- " ~ ~ - I '. "= '" ~ . . THE CHASE MANHATTAN BANK, AS In The Court of Common Pleas TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE Cumberland County POOLING & SERVICING AGREEMENT DATED AS OF 1111197 No. 00-3385-CIVIL Plaintiff v. CHARLES R. FLETCHER Defendants TO: CHARLES R. FLETCHER DATE OF NOTICE: 10/13/2000 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims se forth against you. Unless you act within ten (10) days from the date ofthis notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. ,Cumberland Bar Association Lawyer Reference Service 2Libo1YA'~~ r" Carlisle, P A 17 'n (I , II IAP'~ (717) 249-3166 Gregory Javardian, Esquire 44 Second Street Pike, Suite 101 Southampton, Pa 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte 0 escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, 0 si no tiene dinero suficiente para tal servicio, vaya en persona 0 llame por telpfono ala oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" ~H~~~\~!B,f$l~~a1fg;!3iW~Htll"ml~ili@~il!t":lIJO;~qw""..~0$U:&;;if~3~w..t# ~- -~~->"'"',"",,"-' ."""'- -' ~K;,d" r ~ -.I;l.. t:J ...0 ~ C) 0 C) ,~ - C> C CJ d R ~. " ::~ )Iv -r) ~:~ fllri~ "::0 (/) U ~~} l..~-:: ~ ..c- p:: (lJ ~;-~ ~-,.J --l:. ~~, ;::.~ ~ --(~ ::r: ( :;- c') ..>>r-- S? ~.J ....,.~ ~ ~~-1 ::> cD (n -< , .~ .=T ".-' . Ii I' ti i , '-'~' ". ' '_> _.1 LAW OFFICES OF GREGORY JA VARDIAN By: GREGORY JAVARDIAN,ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF!MC HOME EQUITY LOAN TRUST 1997-7 UNDER THE CUMBERLAND COUNTY POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97 No.: 00-3385 CIVIL vs. CHARLES R. FLETCHER VERIFICATION OF NON-MILITARY SERVICE GREGORY JA V ARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe following facts, to wit: (a) Defendant, CHARLES R. FLETCHER, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, CHARLES R. FLETCHER, is over 18 years of age, and resides at 90 CEDAR STREET, MOUNT HOLLY SPRINGS, P A 17065. (c) Plaintiff, THE CHASE MANHATTAN BANK, AS TRUSTEE OF!MC HOME EQUITY LOAN TRUST 1997-7 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of5901 EAST FOWLER AVENUE, TAMPA, FL 33617. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. IAN, ESQUIRE lUit -- ""'1liIliil~ll!i;iiit"li!IhM~~~ID!0lt;!!t.a'i.M~.;."'~llillO!~11l"",~;;-f~,:i;i;&"U,\obiH"Jir."B""".J,,,,~1"'iili~ - _. " Ilil:'.llll.~'~+~ ~ij ,.<." '-- "..i....;ilI!l-'~"'.~ "lIiII~~j ~ I I I , , 0 c:::) t:; C c.c:l ::? ~;'~ VG:'.. ,=> , rnrY: '0,';:: 2:1:'1 65S~ .....! \---' -<..,c ~ c> ~ :-t>: C ~"<:; ('~.', 2: )> C) C) ;::'i-.~!of\ C '~ z: ::::> b' =<! :lJ 0"' -< ~ COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMe HOME EQUITY LOAN TRUST 1997-7 UNDER THE CUMBERLAND COUNTY POOLING & SERVICING AGREEMENT DATED AS OF 1111197 No.: 00-3385 CIVIL 5901 EAST FOWLER AVENUE TAMPA, FL 33617 VS. CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due $111,711.14 Interest from 11/13/00 to Date of Sale @$18.36perdiem $ Subtotal (Costs to be added) $ { ARDIAN, ESQUIRE . tiff . . . - TRACT NO. 1 . ALL that certain tract: of land with the improvements thereon erected situat1e!:in' the Township of South Middleton, County of cumberland and Commonwealth of Pennsylvania, more particularly bound and described as follows:. LOUNDE9 ~ t~e North by a mountain road; bounded on the East by property of George H, Geals; bounded on the West by property of George H. Me~ls; bounded on the South by , property of C. D. Bentz and Elsie Bentz; containing 66 feet, more' or less, in width andlbein~ 300 feet, more or less, in depth. BE~G improved with a two and one-half story frame dwelling house and outbuildings. TRACT NO.2: ALL that certain tract of land situate in South Middleton Township, Cumberland 90unty, Penns~lvania, bounded and described in accordance with a Final Subdivision Plan for Robert M. Meals, said Plan being recorded in the Office of the Recorder of Deeds for Cumberland County in plan Book 45, Page 122, as follows:' L ' , BEGINNING ~t a point marked by an iron pin set at the intersection of other land now <lr formerly of Robert M. Meals adn Iva B. Meals, ,his wife, land now,'or formerly of Har~d Stum, adn other land of qohn H. Blackburn and Evelyn R. Blackburnl his wif~;i 'S~uth 17 degrees 36 degrees 36 minutes 13 seQonds East 34.25 feet ~o an iron pin; thence by i"11d now' or formerly of Leater Grange:r, soutli 74 degrees 17 minutes 10 seconds we~~17 feet to art iron pi~i the:nce by other land nOw formerly of 'Ro~ert M. Meals and Iva B. Meals, his wife, North 17 degrees 36 minutes 13 seconds Wesr 34.02 I feet to an iron pin; thence by the same, North 72 degrees 23 minutes 47 seconds East 7 f~wet to an iron pin, the Place of BEGInNING. ' i , square feet, (.005 acres I, and being Lot., No.2 on the above Inehtioned CONTAINING 23B,.93 Subdivision Plan. I , UNDER AND SlmJECT, HOWEVER,' to a Right of Way Appurtenant to ReSidential 'Premises" dated March 13, 19B5, and reco~ded in the aforesaid Recorder's Of ice in Misc. Book' 303, at Page B01. BEING known as 90 Cedar Street, Mount Holly Spring;s, PA, , . I BEING THE SAME PREMISES which Charles R. Fletcher, single and Rhonda Slough, sing~e, by deed dated November 11, 1997, recorded November 20, 1997, in the Office of~e R:or er of Deeds in and for Cumberland County inDeed Book Volume 168 Page 74 grante an conveyed to Charles R. Fletcher, single. " ji j1 'I Ii f; ;i i! ! , 1 II 1\ (I Ii ,I II I, 1,\ 11 f( I' \1 , t -- {'." " '.'--u" , ,l'~ ,__,_ " IlllJi '''III111~ .. - ""'" '" , , c' " - , , ilr"! _. "'"t(oII~!tiitw:JI:.<ilf~'~ . , . ...,. () ..... ~ N ~ -~~ r.-, Zi~ tv <- ....... 0 t.':;., (~-~ =- ~ 7"- ,f/) C (::) ~ . -- .~ -::"" ~, ::i':": t-, . ..c '10'.1 -J '" () -of}: c:.::~ 0 0 r;~'1 ~~,~=: : -, ~~;'.! 0 Oco !-J "<v 0 "",_. " ~ C> zc- " ........ [ ((J ..::~: _I 0 ~ I I ~ -<.- ,-, ~ F- 0 ;<;:~.- ~ l~ -H .t {fJ )>c'" -~;;" ~;~;~ -l: ~~~~ ~. ~~ ....,... ,-' () , , , , Z ::;::-, , , , .... =<! :::::J 55 0' -~ , ;r- , '" "= ~~, . ~.~. -- . , ~ THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE POOLING & CUMBERLAND COUNTY SERVICING AGREEMENT DATED AS OF 11/1/97 No.: 00-3385 CIVIL vs. CHARLES R. FLETCHER AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following infonnation concerning the real property located at 90 CEDAR STREET. MOUNT HOLLY SPRINGS. FA 17065: 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 2. Name and address ofDefendant(s) in the judgment: CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. -~. - ,. .. ' ~ 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. IMC Mortgage Company c/o Citifinancia.l Mortgage Company 5901 E. Fowler Avenue Tampa, FL 33617 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, P A 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that fulse statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn fulsification to authorities. November 10, 2000 , ARDIAN, ESQUIRE . tiff ~_~!Wi!lI~~~~'l!'@ll'ilill~Ii!lIII';~1IlIi'~"ifil;i~_~I"",'-.;j.i,,~~~");'ij.i1&,(';iliik~JUilI ~, ~ ~ " " "'~,... , -" .~ C) \ ~ -;:Jrn ~~f) 2:[- OJ .J,~ -<;/ r:,- .c~* '~r ~2 '~ '",,", -'"..Iil' '~"'-.~ -, " C:r- C:J -~ -' -.! ' :::) en c_ IlIil' 4 LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUl1IAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE POOLING & CUMBERLAND COUNTY SERVICING AGREEMENT DATED AS OF 11/1/97 No.: 00-3385 CML vs. CHARLES R FLETCHER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, PA 17065 Your house (real estate) at 90 CEDAR SlREET. MOUNT HOLLY SPRINGS. P A 17065. is scheduled to be sold at Sheriffs Sale on MARCH 7. 2001 at 10:00 A.M.. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, P A 17013, to enforce the court judgment of $111,711,14, obtained by THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIllS SHERIFF'S SALE To prevent this Sherifi's Sale, you must take immediate action: l The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) iJJll.UL . ., YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE, 1. If the Sherifi's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Shel'ifI: you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 . <iI TRACT NO. 1 . ;ALlr that certain tract of land with the iJ1lprovements thereon erected 9ituat!e~'in' the Township of South Middleton, County of cumberland and Commonwealth of Pennsylvania, more particularly bound and described as follows:. LOUNDE9 o~ t~e North by a mountain road; bounded on the East by property of George H, ~ealsi bounded on the West by property of George H. Me,als; bounded on the South by ; ptoperty of C. D. Bent~ and Elsie Bent~; containing 66 feel;:, more' or less. in width andlbein~ 300 feet, more or less, in depth. BE~G improved with a two and one-half story frame dwelling house ~d outbuildings. 'TRACT NO.2, ALL that certain tract of land sil;:uate in South Middleton Township, cumberland county, penns~lvania, bounded and described in accordance with a Final Subdivision Plan for Robert M. Meals, said Plan being reoorded in the Office of the Recorder of Deeds for CUmberland County in Plan Book 45, Page 122, as follows,' , ' I ,I, BEING known as 90 Cedar Street, Mount Holly Sprin&s, PA. , . , BEING THE SAME PREMISES which Charles R. Fletcher, single and Rhonda SlOthe~ sin~e, ded November 20 1997, in the Office of ",ecor er by deed ~ted Nd ofivembeC rbel1\an' 1~9~:tyor in Deed Book Vol~e 168 Page 74 granted and of Deeds m an or urn r conveyed to Charles R. Fletcher, single. , I , ....;:.." l,..~_,,,,, ;1l>>UiiW~' '"""~'~Iil!!i!lJIWll1i~':lli'Iti!jw:Iil/llWlil4ll,'Il!S"~illiIIi~.it' "'", ~ "" .,,-.,<', .""',~." d"" '".":0'...' ~~ '"'' 0 '.." ~'^ . " '"",,.. " '" ,'~ ,", i>IIIIIlD(-' ,,", 0 C::'1 r~') C c:> ", ,.~ -~7""" '-- -- , ~ -U GJ nl rr- Z. ::r' ,~ 2:: , " (j) :'~ ~--.,1 '~;J -< :>:' ~~ () ::'~l," ::!'1 ~ ,-', >c C:) ;~?Ti Z '=j I::) 'J"=- =< :0 G:> -< '- . ~ ,--~ "l. -.; LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JA V ARDIAN, ESQUIRE IDENfIFICATIONNO.55669 44 SECOND STREET PIKE, SUITE 101 SOUfHAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE CUMBERLAND COUNTY POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97 No.: 00-3385 CIVIL vs. CHARLES R. FLETCHER CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certuy that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certuy this Property is: () FHA () Tenant Occupied () Vacant () Commercial () As a result of Complaint in Assumpsit (X) Act 91 complied with (' ARDIAN, ESQUIRE . tiff ~_~~lliot~,"-~i~)_iH;'jj~~i..;f:!!1li~,~.:/31i'",dW"'~f')if",Jf,;~IllL;$","4"'~"';''''~iRii_;adl~ ~, -~.' ~~r=-'" --'ilill!~~ Jilliil!Ii: ~ ~" 11 " ~'::'Jii"'~ -..~. (') 0 ,,--.-. C 0 '.,,' 'j s~ -- -,j -;:1;:.:- .',;:_. (1"lf-;: '=~ '7 Z::' 65 C' -< ::2'~ .~ '-C S5~ :::::";. ~ ~2 ~, 0 , z: :::> ~ ~ :..'0 ()""\ -< . .... " ~ STATE OF PENNSYLVANIA, COUNTY OF CUMBERLAND } 55, Robert P Ziegler I, ______________________________________________________________________________llecorderol Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ___n____nn___ IMC Home Equity Loan Trust 1997-7 Tr . -------------------------------------------------------_____________________________ ~ thegr.ontee 7th the same having been sold to said gr.ontee on the _____________n_n__n_nn___________u__u_n day of ______n__~_:::~n__n_n_____n_n_____ Ao Do, r O_I_n_' under and by virtue of a wriL_______nuu Execution 0 17th ________ __n______________n _____n_ __ ___ ___ _n _ISSUed on the ______ __ _____ _____ nnnn nn __ __ ___ Nov 00 day of _______u____________n___ A. D., __--_, out of the Court of Cornman Pleas of said County as of Civil 00 --___________ ________ _______ __._. __ _____ ________ __ ______________________ __ __ __ _____ Term, : '3385 0 Imc Home Equity Loan Trust 1997-7 Tr Number ______________, at the SUIt of _____n_____________________nnn_____n_________________nn_ o Charles R Fletcher :. ___________________________________agarnst____________________________________________________ ~ 241 398 duly recorded in Sheriffs Deed Book No. n__n____n' Page nu__nn__. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this __~1.___ day of __Dt1.~~_____________ Ao Do;i9~! ~--~-------------- / t1 Recorder of Deeds , .. . -~ " ~. , -,,"', .-) . I . :--'>' ; The Chase Manhattan Bank as Trustee OfIMc!.fIorh.e Equity Loan Trust 1997-7 Under tlie Piloling & Servicing Agreement Dated a~ of 11/1/97 -vs- Charles R. Fletcher In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2000-3385 Civil R T~om~s Kline, Sheriff, who being duly sworn according to law, says he made diligent search and inquiry eor 1:\J.e within named defendant to wit: Charles R Fletcher, but was unable to locate him in his bailiwick:. Hb therefore deputized the Sheriff of York County to served the above Real Estate Writ Notice li1bster and Description according to law. I!! I Y ork!:COllnty Return: served Real estate Writ Notice Poster and description upon Charles R Fletcher by maki&g known unto Robert Fletcher, Father at 308 Andersontown Road, Mechanicsburg, York County,rA on January 8, 2001 at 9:53 A.M. so answers: William Hose, Sheriff York County, Pennsyl}fania. Harol1d J..Weary, Deputy Sheriff, who being duly sworn according to law, says on January 5, 2001 at 2:27 O'i:~ock P.M. EST he posted a copy of Real Estate Writ Notice Poster and Description on the propertYlofCharles R. Fletcher located at 90 Cedar Street. Mt Holly Springs, Cumberland County, Pennsylvania. RTh.<(Jmas Kline, Sheriff, who being duly sworn according to law, says 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 defendant to wit: Charles R. Fletcher by regular mail to his last known address ~08 Andersontown Road, Mechanicsburg, Pennsylvania. This letter was mailed under the date of January 10,2001 and never returned to the Sheriffs Office. R Thbmas Kline, Sheriff, who being duly sworn according to law, says that after due and legal notice had been given according to law, exposed the within described premises at public venue or outcry at the Court House, Carlisle, Cumberland County, Pennsylvania, on March 7, 2001 at 10:00 o'clock A.M., E.S.T. and sold the same for the sum of $1.00 to Attorney Dale Shughart for The Chase Manhattan Bank, as trustee of IMC Home Equity Loan Trust 1997-7 under the pooling and servicing agreement dated as of November I, 1997. It being highest bid and best price received for the same, The Chase Manhattan Bank, as trustee of IMC Home Equity Loan Trust 199707 under the pooling and servicing agreement dated as of November I, 1997, of5901 E. Fowler Avenue, Tampa, FL 33617, being the buyer in this execution paid SheriffR Thomas Kline, the sum of$1086.40 it being costs. Sheriff s Costs Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library County Mileage Certified Mail Levy $30.00 10.85 30.00 30.00 30.00 10.00 .50 1.00 7.44 1.79 30.00 Surcharge Out of County York County Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 30.00 9.00 32.35 437.45 318.99 25.53 25.00 26.50 $1086.40 Sworn and subscribed to before me This ~ ~ day of ({ J~..:P , 2001,A.D.~,u 0 ~;~ othonotary I, . so~~ r " R. Thomas Kline, Sheriff BY q()~ SmCLh Dep ty Shenff "'~- o ,,"if ,-, A) ,:" ,,"\ 1\ 3''1> Aq,'I. Ui'-' , )~ V , ~ '. I 1- l ~ " ,; - ~ , ,- , THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE POOLING & CUMBERLAND COUNTY SERVICING AGREEMENT DATED AS OF 11/1/97 No.: 00-3385 CIVIL vs. CHARLES R FLETCHER AFFIDAVIT PURSUANT TO RULE 3129.1 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 located at 90 CEDAR STREET. MOUNT HOLLY SPRINGS. P A 17065: 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 2. Name and address ofDefendant(s) in the judgment: CHARLES R FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 3. Name and last knoWn address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. >...., '. " 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. IMC Mortgage Company c/o Citifinancial Mortgage Company 5901 E. Fowler Avenue Tampa, FL 33617 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013-3387 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599 Carlisle, PA 17013-0599 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa C.S.A. 4904 relating to unsworn falsification to authorities. November 10, 2000 . ARDIAN, ESQUIRE . tiff -4.~"~'"~~ "~ >.11- . 't LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE POOLING & CUMBERLAND COUNTY SERVICING AGREEMENT DATED AS OF 11/1/97 No.: 00-3385 CIVIL vs. CHARLES R. FLETCHER NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: CHARLES R, FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, PA 17065 Your house (real estate) at 90 CEDAR STREET. MOUNT HOLLY SPRINGS. PA 17065. is scheduled to be sold at SherifJ's Sale on MARCH 7. 2001 at 10:00 A.M.. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, P A 17013, to enforce the court judgment of , $111,711,14, obtained by THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TIllS SHERIFF'S SALE To prevent this SherifJ's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: ~ 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) ~- ,,-I " -~ '~.....- "l~"-,,i .. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALEDOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by caJling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sherifl; you will remain the owner of the property as if the sale never happened. 5. You have the right to remain inthe property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distnbution is wrong) are filed with the Sheriffwithin ten (10) days. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LmERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ....",...~=- - , - . .1 TRACT NO. 1 - ALt., that certain tra.ct: of land w;ith the improvements thereon erected situat~e!':ln' the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, mo~e particularly bound and deac~ibed as follows:. LOUNDE9 o~ t~e North by a mountain road; bounded on the East by property of George H, ,keals; bounded on the West by property of George H. Me,als; bounded on the South by , ptoperty of C. D. Bentz and Eleie Bentz; containing 66 feet, more' or less, in width andlbein~ 300 feet, mO~e or less, in depth. BE~G improved with a two and one-half story frame dwelling house a~d outbuildings. . TRACT NO.2: ALL that certain tract of land situate in South Middleton Township, Cumberland 90unty, penns~lvania, bounded and described in accordance with a Final Subdivision Plan for Robert M. Meals, said Plan being recorded in the Office of the Recorder of Deeds for CUmberland County in plan Book 45, Page 122, as follows.' . ! I BEGINNI~G at a point marked by an iron pin set at the intersection of other land now Qr formerly of Robert M. Meals adn Iva B. Meals, 'his wife, land now or formerly of Har~d Sturn, adn other land of qohn H. Blackburn and ~velyn R. Blackburn, his wifeji 'S~uth 17 degrees 36 degrees 36 minutes 13 seconds East 34.25 feet to an iron pin; I thenoe by l:rd now' 0):' formerly of Lester Granse:r:,. soutn '14 degrees ~ '7 minutes 10 seconds wes~ 7 feet to an iron pi~; thence by other land now formerly pf 'Ro~erc M. Meals and lva B. Meals, his wife, North 17 degrees 36 minutes 13 seconds West 34.02 ! feet to an iron pin. thenoe by the same, North 72 degrees 23 minutes 47 secohda East 7 f~wet to an iron pin, the Place of BEGINNING. ' ,I, CONTAINING 238,.93 Subdivision Plan. I UNDER ANn SUBJECT, HOWEVER,' to,s Right of dated March 13, 1985, and recorded in the 303, at Page 801. i , square feet, (.005 acres)l and being Lot., No. 2 on the above Imeh~ioned I Way A:ppurl:enant to Residential .Premises" aforesaid Recorder's Of ice in Misc. Book I BEING known as 90 Cedar Street, Mount Holly Sprin~s, PA. I . , BEING THE SAME PREMISES which Charles R. Fletcher, singl~ and Rho:~ o~l:;~e~~l:~ by deed ~ted Nd otivemCberbllri~~9~:tyor:~~~v~:::~~~:i 6~ ~:e~ granted and of Deeds m an or urn e . conveyed to Charles R. Fletcher, smgle. ! --- I,,, , ' '. ,~ . . WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUN1Y OF CUMBERLAND) NO. 00-3385 CIVIL 'TERM CIVIL ACTION - LAW TO THE SHERIFF OF Cnmber1ann COUN1Y: Te satisfy the debt, interest and costs due The Chase Manhattan Bank, as Trustee of IMC Home Equity LOan Trust 1997-7 Under the Pooling & Servicing Agreement Dated as ot 11/1/~1 59Ql E:wt F.g'llQr A'lerna€ Tmnpa, FL 33617 PLAINTIFF(S) frem Charles R. Fletcher. 90 Cedar Street. Mount Hollv Sprinqs, PA 17065 (1) Yeu are directed te levy upon the preperty .of the defendant(s) and Ie sell DEFENDANT{S) See Leqal Description (2) Yeu are also directed teall~ch the pre~erty .of the defendant{s) net levied upon in the pessessien .01 GARNISHEE(S) as lollows: and to netWy Ihe garnishee{s) that: (a) an attachment has been issued: (b) the gamishee{s) is/are enjoinedJrompayirig any debt te .or fer the account 01 the delendant{s) and frem delivering any preperty .01 the delendant{s) .or .otherwise disposing thereef; (3) If preperty ofthe defer:ll;lant(s) not levied upen an subject te allachment is fClUnd in the possessien .01 anyone ether lhan a named garnishee, yeu are directedtenetny himlherthal'~e/she has been add~ as agarnishee and is enjeined as above staled. AmounlOue $111. 711.14 from 11/13/00 to Date of Sale Interest @ $' R3!; F"r ni"m Ally's Comm % Ally Paid $151. 40 Plaintiff Paid L.L. Due Prothy Other Cests $.50 $1. 00 Date: November 17, 2000 Curtis R. IDng Prothonotary, Civil Division Ao~~ 2. 7r;C1Z/)~ ;--. Deputy bjI.:., REQUESTING PAR1Y: Name Gregory Javardian, Esq. Address: 44 Second Street Pike, Suite 101 Attorney for: Telephene: Supreme Ceurt 10 Ne. Southampton, PA 18966 Plaintiff 215-942-9690 55669 ~""~-'-~J .~-, - -"'.- - -- '.'" ' -~~$ililll!.Niii;lillll,li!i.!l!l!i1!till~I!~ffi>t!HHli~l;IIl1!!j";;'''''I~,;,t~!l:;~,"~-iIi;;OO-~~ ~- '"'-1_ ~-~."'" ill ~', _[jfjlI'4 'M'r' M.*~-' _._ '0-" ~ . . . Ifi. ~ RrA' E~TATE ~I~J r= ~,i,f) C Lv", 'n ..l, ~,'_ i_ I HJ'< ..in ~J:J.:Hn> the sheriff levied upon the detenoamiJ interest in the real property situated in 4..."..1 A41J....I../.bL -;1LA.~ Cumberland County, Pa., known and numbered as: q{j C..I..A .11.../ /lllhlJ"f}A'.y' and more full' described on Exhibit "A" filed with this writ and by this relf.w"" incorporated herein. '?lte:4Jt7I~ JJ,~ 15~.".1L/L ~.4?4- ~ ,~ ~ ~ . ",_: ,...~'" ,~ - -'~" ~,~~=".,,~- ,,- I~ - .~~ '. _e," FS'. .... -_---J:r~~J~~~Al~NO,7 _ ,; L;,,' wnW.9jj<lIQil,ns? - - .~,",-.- CIVI Term ~ ,. :The__c;hase Manhattan Bank, .~-: '-. _ ~s Tru.stee .Of.IMe=EquiW i"::.:-:---- - ~l:-oanlrost 1997-7 ===~:~.2:=::::= -", ~~The Pooling & . '-.:---- - ServICtn9,..4areement Dated ~~:;- ,,-~~a~QfjJ/1m ;__ .Fetcher ry'Jiiva,rdlan -F,~,!PrIQN ~-- -- L '_.~ _ a certJlnfrJcf6f1Jl1awith ""~ron:m""t.s '1fi"&eo'~ It'tede'a situate in [he _ ~_ ow~slilp'~ oT SoU1li' :Kfiaglc\on, County of ~hci::L:J.n_d Jnd Commonwealth of .Lnm.is.IITJma, -In'ort~" particiilJ.iff bounded and. -de"cribcdas folllJ\\'s: , - - - -=WlJN"DtD on the ~orth bv J mountain road; OUll l\ ~J11~}' p1Dp~'rffOffi'(jrgi! H. ea S;:OOufiUl!"d-'on TM;:IVc~t-b\' property of _ : ~.__g_ H.-:'le~b; bounded on 'the Soutli by Dtuzc;:tl',__~o! ,_C~ D,_'Bcn_tz and ,Ebi: Bentz; EtOntammg 66 feel, 1110riI 'or less, In wIdth and =-.ocing JGG-f\!e~ 'n;.ore or less, in depth. BErNG ~ro\'~d with,.a -(\\'o _and one-half stan' frame - _lfu'e)li~-s hO\lse ana cluti)ui1drngs.~ ~ '" '" ~ -- TRACT 1\0. 2-ALT. that certJin tract of land ~t~ _ in. SoAtil_ _ MI~~tJet~ _.~O\~'l}.5h\P, . "" CruiJh.c_d9nd COiiiiIy, Wnns) h'ama, bounded - :))ml described in accordance with a Fill'll ~b.di\'~iQn PlanJor Robl'rt _l\t Meals, _~aid Plan - L-:oanj Je!;orded iJ1 the Ofoc(> of tne l{ecorder of . _Uct.!.d~ for.Cumberland.Count)' in Plan Book -I5.-- ~el22,asfl)llO\~'s; ~~GL".{!\IN~ at a P9ij,.t'mark~a'b\; an- iron pln : -'iVs~[;,ur1he mtersection o( other land now or 'r~.hJ~ ~l~als and h'a B. \kals, " _ flonn---ert9 of Harold Stum 121 '--:maao-umX~]Vely~':- . u\- Ti~_~s~6 :.cton s ".16 . ce 0' ~~ J~lit - by ;[a.nd- nOl\7ifr "fOrUtirly or ~ r, $QUill 7.:t dep;rees 17 mi~0s 10 ods W~"",- 7 ft.:cl16 tn- irOflj11n: th~'e by er jiJififoii:tJrmc"rW or1\oBarSl. iI~!cab ana '!" I\'a K'_ Mea!!., hi!. \\ ire, Xorth 17 ~('!Fl!es 36 ~tSSJ3 g~~QdlWc,s{ 3:02 feel_t.o}l~ IrlJ.Q ptn; .arJlf'U("eJj}0hl' saml', ~DrlJi )?~Y"'S 2.;0 mlltll~s _37,seconds ea~t 7 feet (0 an Iron pm, (he Placl! or "B,Cl:,Xr\;G, - . - - CO!\iAL'\lXG 238.93 square feN (.005 il,cre<.l; _,:and 'Ocing Lot 1\0. 2 on (hI:: abu\'(~ mentlont:>d _~-lia[l:mJl' Plan-. - - - - ----- - ~lo1':UE!loA\l)S\;B!ECT. HOmI'FR, to , Righi ::::...:nt:\\i'JY Appurtenant te ResIdentIal Pr\!n1ISeS, ~atca ~\'1arch 13, 1985. and .recorded In the -',:-a1orcsdld._RecorJ.,'s .office 1/1 il-lhwllJl'leous , Bpol:.300,al PJgl.drol. - --- -- - ~ --.-- , ~.BE:!~G: known a~ 90, Cedar Stre(:~,:-.r(junt ffotly ,",,"n;;S. PA, d ' ...ru-JNG THE SAMC'PRE\IISES which Charles R. . ;FJCi.Bfei;-sfrtgle and Rllenda Slough, s[nglt.:, b~ ~-d\.,'f!d daled :\o\'cll1ber 11, 1997, recorded :~d;i9t__eJi:lb~r 201 1997, iJ). the Office of thl' Recorder .~in JllarorCuinot'rlalld COUIll} in Dl'(.'d "f BooJ<:Wlumc 168 Pag!.! 7-l grankd :lOd cotlveyed _ _:~q-S:~_Jrles-'i:i1ytdl~~~~___ ____ __ _____ _ ____ '-, " .- ".. "" . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth 01 Pennsyivania, County 01 Dauphin} ss Michael Morrow being duly sworn according to law, deposes and says: Thai he Is the Assf. Controller 01 The Patriot News Co., a corporation organized and existing under the laws 01 the Commonwealth 01 Pennsylvania, with its principal office and place 01 business at 812 to 818 Market Street, in the City 01 Harrisburg, County 01 Dauphin, State 01 Pennsylvania, owner and publisher 01 The Patriot-News and The Sundav Patriot-News newspapers 01 general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aloresaid: 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 exactiy as printed and published in their regular dally and/or Sunday/ Metro editions which appeared on the 30th day(s) 01 January and the 6th and 13th day(s) 01 February 2001. That neither he nor said Company is interested In the subject matter 01 said printed notice or advertising. and that all of the allegations of this statement as to the time, piace 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 unanimousiy passed and adopted severally by the stockholders and board of director of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said Count of Daul1hin in Mi cellaneous Book "M", Voiume 14, Page 317. PUBLICATION COPY S ALE #7 Notanal Seal Terry L. Aussell, Notary Public Harrisburg. Dauphin County My Commission Expires June 6. 2002 Member, Pennsylvania Association 01 NoIanes My commission expires June 6, 2002 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUN1Y COURTHOUSE CARLISLE. PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 317.49 1.50 318.99 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of generai circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. B~............................_.._................................ __~~o REAL ESTATE SALE NO.7 Writ No, 2000-3385 Civil The Chase Manhattan Bank, as Trustee Of !Me Equity Loan Trust 1997-7 Under The Pooling & Servicing Agreement Dated As Of 11/1/97 vs. Charles R. Fletcher Atty.: Gregory Javardian TRAcr NO, I ALL that certain tract of land with the iIIlprovements thereon erected situate in the Township of South : Middleton, County of cumberland and Commonwealth of Pennsylva- nia, more particularly bound and described as follows: BOUNDED on the North by a mountain road; bounded on the East by property of Ge-orge H. Meals; bounded on the West by property of George H. Meals; bounded on the South by property of C. D. Bentz and Elsie Bentz; contai.niI1g 66 feet, more or less, iIl width and being 300 feet, more or less, in depth. BEING improved with a two and one~ half story frame dwelling house and outbuildings. TRAcr NO, 2: ALL that certain tract of land situ- ate in South Middleton Township, cumberland County, Pennsylvania, bounded and described in accor- dance with a Final Subdivision Plan for Robert M. Meals, said Plan be. ing recorded in the Office of the ReCOrder of Deeds for cumberland County :In Plan Book 45, Page 122, as follows: BEGltIrn-I1'1G at a point marked by an iron'-pm - set- at the :In'tersec- tion-of other land now or formerly of Robert M. Meals and Iva B. Meals, his wife, land now or formerly of Harold Sturn and other land of John H. Blackburn and Evelyn R. Blackburn. his wife; South 17 de- grees 36 degrees 36 minutes 13 sec- onds East 34.25 feet to an iron pin; I thence by land now or formerly of Lester Granger. South 74 degrees 17 minutes 10 seconds West 7 feet to an iron pin; thence by other land now formerly of Robert M. Meals and Iva B. Meals, his wife, North 17 degrees 36 minutes 13 seconds West 34.02 feet to an iron pin: thence by the same, North 72 de- grees 23 minutes 47 seconds East 7 feet to an iron pin, the Place of BEGINNING. CONTJ'JNING 238.93 square feet [.005-acres) and being Lot No,-2 on -, the above mentioned SubdiViSion Plan, UNDER AND SUBJEcr. HOW- EVER, to a Right of Way Appurte- nant to Residential Premises, dated March 13, 1985, and recorded 1Il the aforesaid Recorder's Office in Misc. Book 303, at page 80l. BEING known as 90 Cedar Street. Mount Holly Springs. PA, BEING THE SAME PREMISES which Charles R. Fletcher, single and Rhonda Slough. single. by deed dated November 11. 1997, recorded November 20. 1997, in the Office of the Recorder of Deeds in and for cumberland County in Deed Book i Volume 168 Page 74 granted and conveyed to Charles R. Fletcher. single. "''"'"'' - ^, - - . , , . PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATEOFPENNSYLVANlA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, 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, V1Z: JANUARY 19, 26, FEBRUARY 2,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. .. SWORN TO AND SUBSCRIBED before me this 2 day of FEBRUARY. 2001 NO AL LOl5 E. SN'ttIER. No""y,Public Calfitl. Boro. C_b.rkflldCaunty. PA My CommlMion ExpireS M!1rch 5.200,\ ....~.....v~ ,. I I I I I i j 'I ~ I ~ I ,I 1 ,I ,I I I I I I :1 I I I I I I! - I~ " ~ " . LAW OFFICES OF GREGORY JA V ARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 44 SECOND STREET PIKE, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF !MC HOME EQUITY LOAN TRUST 1997-7 UNDER THE CUMBERLAND COUNTY POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97 No.: 00-3385 CIVIL vs. CHARLES R. FLETCHER AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certifY that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all1ien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street / Carlisle, PA 17013 CHARLES R. FLETCHER / 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 I IMC Mortgage Company c/o Citifmancia1 Mortgage Company 5901 East Fowler Avenue / Tampa, FL 33617 Dept. of Public Assistance 33 Westminster Drive, P.O. Box 599/ Carlisle, PA 17013-0599 Alaska Seaboard Revolver c/o Security National / 323 5th Street Eureka, CA 95501 Tenants/Occupants 90 CEDAR STREET / MOUNT HOLLY SPRINGS, P A 17065 Nicarry Equipment, Inc. RD #2 Box 2008 Reading, PA 19605 ~ Corestates Bank /' POBox 16007 Reading, PA 19612 "i"" " "" . Del Norte Refi, LLC 323 5th Street / Eureka, Ca 95501 Dated: J1/?fl!~ I( (do I IAN, ESQUIRE . tiff - '~"- .- , ;,,1 i:.i 1-"I-dlaW~~~'~~ ~- ,~' . "'iii oI--~"h-~~,,W,, -""'<.~"","'''^'- ~-=:;- Total Postage & Fees $ Name (Please Print rmaifer) siroeTh-n-h:mGREG_OBXlAVARD.lAN ' ,Apt No,; o',f,f~ctfflD STREEyiiiKE-m---h::-.,,:--m----m.nh-h--- Ci;,;-s,;;,..-z;p;;,--Wm;:nl01.n-hm-h_.__nm__h_n'._h-n___h_h_m SOUTHAMPTON, PA 18966 ,-..;,,;. '~,'" .,~^ .-<':-~. ,'-'.- CHARLES R, '~ETCHER CEDAR ST ' ET :' MOUNT HOft"r' " '''0'- Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) TENANTS/OCCUPANTS 9 CEDAR S- REET MOUNT ii'Bt'E $ Certified Fee [',etlJ ,.,ece'pt -,~" .Er'i-'.Io,-~,e' ",: RequilE-C) Resmct&" ,Jeiivery ~3€l (Endor"SefTlent Recui K.I) T;)b,j~' BEag;; & F~es ' ,HE NH.-~~' P :dSB ,j;j~:,-,;~~t1l.mt~AVA.vmf~~Y mailer) "" . c,- ,\%iJif#lND&TREET-P1KE:mm-mmn-n-n--nnn';mn iLliTE 101 , ' " "-,, :mmrAlVlPTIlN:-rAnI8<J6on.nnn--hmmn-nmmh. -Si;:~A "( I:' -.. . '..' " ,_ . , _ ,"" __' d' ~~<~ij;~ri:~~;.1,.~;~.~;;j}.;~:j~~;:;f: -),-.' ,--- . 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CD (1) (1) (1) 11 (1) HI 0- . rt ..... = ~ . 0- ~ .~:,~~; ...-;._'..... :t~~.?- ~..;j~' :~t~;~~ -< '" ", .... ,.. ::E "" ~ ~ ("; ", en "" ~ l,~_,~~~~-"_:. ,~. :u :g~ ~ ~ ______B." g ~ -< ~ :;-:,-._~;,~~:, :co .01<< ~ [ mcUl " ('j~);! a :Dc r- ~ ~C3 ~ C:D ~ ~g n Zs: m ~Ul I..., (30 ",,,0 ""zm S:o ;g ~z -I ;;:1;;:1:;; ::tJ~O ")> -:!-I gm 1'0 s:'TI ~s: ;,)> ~r= ",- zZ oCl ..., '" ,. .' 'OS:c; 21 ~~in ~ < . . -m <.- Om 0 mc:", ~ ~~~ a :tic r ~ ,z'" en mag} c:"'< ~oo zOm 0" ' jm '0::1 00 ",,,,0 ""zm ~o :II (l)z..... ~"'." "''''- z ~)> 0-1 ~m ~O ~'TI ;=5: ;,)> o- m!: zZ oCl ..., \ 1 \ ! i i Ie. \".:,., I~ t~~..=.~ l"V~ ~~ ",,,, gs;: ~::E ~"" ".." ;;;:!J ",n 0'" _en ~~ : 30\lJ.SOd 'STl mom . tB.13W8d . . . . . . . . . . . ""'-<,;".", 'C.;I~\_ _db~~ .__~." J .alI!IliI!ll!!t~I~!!fI'lIlI'~ Received From: . ~:..'.4,':O:~~jf;:~:::_..:;~J..u:.i..-, .J.~ :. ._-::';;~;:..!nil!$e'L" i! U.S. POSTAL SERVICE ~'CIERTIF ATE'OF,MAIL1NG MAY BE USED FOR DOMESnC AND 1NTERNA nONAL 'MAIL, DOES NOT PROVIDE FOR INSURANCE-POS'rMASTER THE LAW OFFICES OF GREGORY JAVARDlAN 44'SECOND :S SUITE 101 SOUTHAMPTON, PA 1 ~, ...m ~. ;~ ., ,,, \ ~ ~-.{ f. ..:r~I~1 ~ I~I' IH U One piece of ordinary mall addressed to: ~ lI' ~ ~ Cl m ALASKA SEABOARD REVOLVER C/O SECURITY NATIONAL 323 5TH STPd;;ET EUREKA, CA 95501 ...............It RE: FLETCHER PS Form 3817, Mar, 1989 Received From: U,S, POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER THE LAW OFFICES OF GREGORY JAVARDlAN SUITE 101 ~, ' ...m ~. ;~ ':-:'] One piece of ordinary mail addressed to: ~ lI' ~ en j;! G) "' ............. IMC MORTGAGE COMPANY C/O CITIFINANCIAL MORTGAGE COMPANY 5901 FAqrr li'nm It''R A'URNTTF. TAMPA, FL 33617 RE: FLETCHER PS Form 3817, Mar. 1989 "--~7'-~~'""""-~-''''''''''-~ -'-----c_'_'r__' --"~-""'I~~--'-----"""''''-~~~~.'.'~'-i.''''':''' :', .., "',' . '. , \ , , - . '''' -....'~,;:~~- ,.';~'., '-~...- ,.; Received From: U,S, POSTAL SERVICE CERTIFICATE OF MAILING ~O~r~E UF~E~ 1~~n~~N~isllp~:~~~~f~~~A TION,Al MAil. DOES NOT. THE LAW OFFICES OF GREGORY JAVARDlAN 44 SEGUNU,:Sllttt.1 ~IKE SUITE 101 SOUTHAMPTON, PA IH~bb ,_ _ __ J ,,,,~~ '.. , "" .."..~ t..... ."~oll.\: "'''h.li'~ ~ Il~ III ~ One piece of ordinary mail addressed to' Nicarry Equipment~ I RD 112 Box 2008 Reading, PA 19605 re: Fletcher PS Form 3817. Mar. 1989 , ~ "1 c~~ ~~ .~.~ !'l'~I~!-'''~~f'll1Jmli~:rr.r' "~1l!J!;;j'1~""~,,,,..;.;..u._~11rili:i'~- ".~,. "ElliCE ", ;'CAtfl'llilATE F MAl ING 'IF9il :D,ON!~ST1~ A~O',iNTEilNA naNAl MAIL; DOES NOT NSURANCE PoStMMTER' "ecelved From: THE LAW OFFICES OF 44 SECOND STREET PIKE ~ ~ SOUTHAMPTON, PA 189 One piece 01 ordinary mail addrassed to: /J.r r:/ DEPT, OF PUBLIC ASSISTANCE 33 WES'lMINSTER DRUIVE, P.O. BOX 599 ~RLIS~E. FA 17013-0599 RE: FLETCHER FDI1I1':3817, Mar. 1989 ^8~:"';'_;';;:;""'i"~"<:<:"'~' :",'~^<":'" -- :~.-_~I:";..'y';" < ". ' :.;_:;:;';i.<':;::"_'_<-,: _c_.,-,;/.;..-_.~-" ,-.' ' 'J....}~.>-,,-'-,_., -.--"-<,:[",",-,, .~,'.<.';,. .<. -" US. POSTAL S VICE CERTIFICATE F MAl ING ~AY BE USED FOR. DOMesnc, AND INTERNATIONAL MAIL DOES NOT 'ROVIDE FOR INSURANCE-POSTMASTER - , !i; Received From: THE lAW OFFICES OF 44 SECOND STREET PIK ~~~ One piece of.' .nary mall addressed to: NO l. , ~~ CUMBERLAND COUNTY TAX CLAIM BUREAU 1 COURTHOUSE SQUARE ~^RiIS~E, FA 17013 3327 ~E: FLETCHER Form 3817. Mar. 1989 ~-.~--~---_._----. - ,S POSTAL SERVICE ERTIFICA TE, OF MAILING W BE USED FOR DOMESTIC AND INTERNA TlONAL MAll, DOES NOT OVIDE FOR INSURANCE-POSTMASTER ,....ved From: THE lAW OffiCES OF GREGORY JAVAR[lIAN SUITE 101 <' "" CUMBERLAND COUNTY DOMESTIC RE, 13 N, HANOVER STREET C.^RPSU, F.p 17013 lntJ piece of ordinary mall addreuad to: RE: FLETCHER ,..I#t;"lLb,:' ah~i,]jllll:','" ~ -,,,,-~~-"- iI_~~'~ VI~ ..... ..... ;i ---..-~,-;;-~"","~-~-,-~""",,,,- ,-.".',.._"'," VI"" ..... ..... ;,i .....,....'.:.-.'... .'.'lII1i1l~~_-.. =~ -"~,~~..._~ ! I,;, - :..: ~ :~~ i , I -i \.0;' \<i., , ,,-:.:.~. F -'","-~ ~ ",.",.,.. li gj .'.~", ~ '-' ':>""'--' . H H ! ~ ~ fi ~ .. 1 'i '" 'i H .. '" E ~ l: ~ " .. . '" ::!i c ~ 'i! 0 ; ,.: ~ <J 0; 0 . 0 .. u '" . E 'ii 1; . c U. 0 ~ E e ~ '0 . " 8 : --1 .:;J: . . . . ~ . ~ . ~ . . l . o>BVETER 5430481 Us. rrent ! \ \ l f' ' , I, s ~ u... : '" 0 . H '" . u.J" ;; ~~ ..' '-' ~ ",I G: . ~~ ~ .. ' u... . 'm ~ - i 0 E uH ~ .; - ~ l: Uti.! U .. . ~~ ...::0 c u.J 'i! J:a . ..=<: 0 Hfil H'" EI- ~ 1><0; e 0 ~u .. .. 8 1 . ii10 ~ E 'ii 1; A H'" u. K! , .<>:,,,,,,,,"""'J;""'<<';';~~'S'';;'~'''c'''-''':''_ ~""~" " 1 , / November 10, 2000 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): CHARLES R. FLETCHER PLAINTIFF/SELLER: THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97 DEFENDANT(S): PROPERTY: CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, PA 17065 CUMBERLAND C.C.P. NO. 00-3385 CIVIL The above captioned property is scheduled to be sold at Sherifl's Sale on MARCH 7. 2001 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. You may hold a judgment on the property, which may be extinguished by the sale. You may wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 4...- Gr ory Javardian, squire Law Offices of Gregory Javardian 44 Second Street Pike, Suite 101 Southampton, PA 18966 (215) 942.9690 "'^~~" ~'''''__~Wl!Ii~''''Ij>;~B!'''''~W^Iill~iW!<\!I$M!Millm~~'.!;,'i~;I'Jliiifj;,.ilifu..i~"'''''-'''''''' ". ".- "" " ,,<~.. jti!!J\ilm_M ~ t":alJU:'~lf);l~~ !Mil , ~~~~- . n c =?'':: ~~,. U> - -,' 8~~~ ~(:.:.: ~. . ~ , ., ""'~ C~~ .0 ::.J ',:j :-;j -< -!"-) ',U ", " - ,,~:'-" ~ , , - ~- I......J ~ i '0""- -.'.., ., \~ THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE POOLING & CUMBERLAND COUNTY SERVICING AGREEMENT DATED AS OF 11/1/97 No.: 00-3385 CIVIL vs. CHARLES R. FLETCHER SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the foll@winginformationconcerningtherealpropertylocatedat 90 CEDAR STREET. MOUNT HOLLY SPRINGS. PA 17065: 3. Name anq last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Alaska Seaboard Revolver C/o Security National. 323 5th Street Eureka, CA 95501 323 5th Street Eureka, CA 95501 Del Norte Refi, LLC 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CoreStates Bank POBox 16007 Reading, PA 19612 Nicarry Equipment, Inc. RD #2 Box 2008 Reading, P A 19605 ,- - J__ ~ ~-" 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. January 4, 2001 ~-,~. "~~tjfiJ~M~~j~~!li'Mil~io~~il~;ghi,t~_Ji!lj ~--" ;...-......k"~ "<.il!lIi~ ~ ~= . n c :;:;;;;; ~~u (J).,..> ~t; -c:- ~~; ~:; -~ '.IlIUldl,iMiiL C:' ()',) -c; i'\.) :..v \0 c-~ "I , ~ , r~~J;j . ,~ > ~~ ~., , ,'~ , ".' ..<:l!!iir" SHERIFF'S RETURN - REGULAR CASE NO: 2000-03385 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE MANHATTAN BANK ETC VS FLETCHER CHARLES R WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FLETCHER CHARLES R the DEFENDANT , at 0010:20 HOURS, on the 12th day of September, 2000 at 90 CEDAR ST MOUNT HOLLY SPRINGS, PA 17065 by handing to POSTED PROPERTY AT ABOVE ADDRESS a true and attested copy of COMPLAINT - MORT FORE together with REINSTATED WITH NOTICE, ORDER FOR ALTERNATIVE SERVICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Posting Surcharge 18.00 3.72 6.00 10.00 .00 37.72 So Answers: >:.~~".~C~~ R.., Thomas Kline Sworn and Subscribed to before 09/13/2000 GREGORY JAVARDIAN By: ~\,l \ ~ y Sheriff me this /~~ day of . ~l2ff;..L.. 0LtllIU A.D. ~, 0. 'lJvi;. -",~. othonotary - - ,~ li'_ THE LAW OFFICES OF GREGORY JA V ARDIAN By: Gregory Javardian, Esquire Attorney LD. # 55669 44 Second Street Pike, Suite 101 Southampton, P A 18966 (215) 942-9690 Attorney for Plaintiff THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 1997-7 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97 Plaintiff vs. CHARLES R. FLETCHER Defendant( s) COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 00-3385-CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the complaint for an additional thirty (30) days in the above Captioned matter. DATED: September 6, 2000 ,i~_''* .' li:~~~m_~tR( . 1!S;,ILHJii8~ >1I1i.~,",~,j:;.ljlili'~~ll:;W'-'Mf~]_ ~,,~... r ^ L,~~. ~~i--"'~W ~=:! z 92f~.; ~:(' (I' c.: r3\~~- ,~ ~:c:' ~-I'-" 5C -;7 ~ ~ >~..t c::' '::::-:> ~J') ,"'1 .~O c-:;\ _:, :::::> \,0 :-TJ -<.: ,.1 - - , LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN IDENTIFICATION NO. 55669 44 SECOND STREET PIKE SUITE 203 SOUTHAMPTON, PA 18966 215-942-9690 ATTORNEY FOR PLAINTIFF THE CHASE MANHATTAN BANK, AS TRUSTEE ET AL :COURT OF COMMON PLEAS : CUMBERLAND COUNTY Plaintiff(s) VS. :NO. 0073385 CIVIL CHARLES R. FLETCHER Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I hereby certi fy that per the court order dated Augus t 30, 2000, copies of the Reinstated Complaint in Mortgage Foreclosure were mailed to defendant by certified and regular mail, by first class United States mail, postage prepaid on the date set forth below. vardian or Plaintiff DATED: 9/11/00 Sworn and described to me this \\~ day ~s€>('t ,2000\ . ~ ~\ )O~~~ NOTARY PUBLIC NOTARIAL SEAL . DO'lNA DEL VECCHIO, Notary PublIC U ~r Southampton Twp.. Bucks C<."nly ~, Commission Expires Sept. 3, 2003 -,,,"-,_,~",,<,-~,",,',""~'. ~fui.- -' A;I ' -^', "'~ ~~MI~li'k'd.j~i~i!!!C~'ijllit1!hii,iLli,;U!:li:f~~~;;i-aEill~'~i'fiH'~Li-'liliL!i.i'P-,,'~iLi!:M!m!d~!:;,~li!l!lJi,,'i!",:4iJi:;!!.i'i<W1,~~ilr~~l!!i~~liillH~i.lJ!Wl3Wli,iM~~~iM!i~'!O~'~!W.sillle$:;l~_'l oL>->. 1_.W:'ilil:lIiiftl~~ ' 1110 n 0 C) C 0 -n <- ::I) '"'Om ,,,", !:Em .-., :J:" -0 :~i:I! ~.~ , ~CJn'l - -...,C) .L :~-"< ...-. Q .~.-::r.(J ~ -0 ~~l:'=H :;:;8 ::>: ~4C) ~ ~ em 0 ~ .-.1 -< '",-^,,"" _>""'~o"L. ," __,_" ,~",."",_". ,,". o. ='A.'_'. ~. A.." _~ ,--=.1 ~..~ , Ii " .' ~ I" "~ " - "lilllIllIHii.l'M<e AOO a 9 2OI)Ob LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN IDENTIFICATION NO. #55669 44 SECOND STREET PIKE SUITE 203 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF THE CHASE MANHATTAN BANK, AS TRUSTEE, ET AL vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 NO. 00-3385 CIVIL ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the court by Gregory Javardian, Esquire, attorney for The Chase Manhattan Bank, As Trustee et ai, upon Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleadings submitted in connection with this matter, and for good cause shown: . oJ4 IT IS on this ~ day of ~ ' 2000, ORDERED that the Motion for Alternative Service by service of the Compliant in Mortgage Foreclosure by posting the said Complaint and all subsequent pleadings on the premises and by regular and certified mail, to Defendant's last known address, is hereby GRANTED. J. !~....... i',,' ')" n l!f' 'Hi \. U j!,c_,:-: ",- '.--'\lcl'"',TAf1"( "'.\..... ',r.l"i ~ jl ~} '1 1 'in; 38 C'\J' j'1;"/I;::~~'-il ,-;\\.!i.~ C00N1Y ."."""-',,,...... ['cNi\JSYLVPNA ? ~ ~~I!ll!l "f>1J<j~,"""",""",",- "~',~ V,,!"," _,_,P,!_~~tF,>~~'l!-~111~~~!~~;Io~~F-~jj)l"~11!lilliw.Ji!~.~""""""" ?,'~ .."" ~~- ~ I~ 'iIlUlV, , LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN IDENTIFICATION NO. #55669 44 SECOND STREET PIKE SUITE 203 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF THE CHASE MANHATTAN BANK, AS TRUSTEE, ET AL vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CHARLES R FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 NO. 00-3385 CIVIL MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA RC.P. 430 TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Chase Manhattan Bank, As Trustee et al, by its attorney, Gregory Javardian, Esquire and moves this Honorable Court to permit Plaintiff to obtain Alternative Service and seek an Order permitting service to be effectuated upon the Defendant, Charles R. Fletcher by posting a copy of the Notice of Sheriff Sale and all subsequent pleadings upon the property located at 90 Cedar Street, Mount Holly Springs, P A 17065 and by regular and certified mail pursuant to Pennsylvania Rule of Civil Procedure 430 and avers support thereof: 1. Plaintiff filed a Civil Action Complaint against Defendant on June 2, 2000. 2. The Defendant, Charles R Fletcher is the owner and Mortgagor of the Property 90 Cedar Street, Mount Holly Springs, P A 17065. 3. Plaintiff, The Chase Manhattan Bank, As Trustee et al is the mortgagee. 4. Plaintiff has attempted to effectuate service of the Compliant in Mortgage Foreclosure pursuant to Peunsylvania Rule dfCivil Procedure 430 upon the Defendant, Charles R Fletcher which the sheriff's office returned after several attempts as not found. " - . . 5. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant( s) including the following: A. A process server contacted Directory Assistance for Cumberland which indicated there is a listing for defendant at the said property address. B. A process server received Postmaster Letter back indicating that Defendant, Charles R. Fletcher has no forwarding order on file. - ~I ~~ ._~ 1"'1:.;" C. The tax office provided no new addresses for defendant. D. All addresses given have been attempted for service for the Notice of Sheriff Sale on Defendant, Charles R. Fletcher. 6. Pennsylvania Rule of Civil Procedures 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to Defendant's last known address. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant(s), Charles R. Fletcher by posting a copy of the Civil Action Complaint and all subsequent pleadings on the property known as 90 Cedar Street, Mount Holly Springs, P A 17065 by posting and by regular and certified mail, return receipt requested. Law Offices of Gregory Javardian I ." , -J_ ,_ ~ LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN IDENTIFICATION NO. #55669 44 SECOND STREET PIKE SUITE 203 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF THE CHASE MANHATTAN BANK, AS TRUSTEE, ET AL vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 NO. 00-3385 CIVIL AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF BUCKS I, Gregory Javardian, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth in the foregoing Motion for Alternative Service are true and correct to the best of his knowledge, information and belief. Law Offices of Gregory J avardian ~ \....Vl.~"~V~."HCl~.w.L.n. v.t:' :.1.:i.L'I~'II>..J.I..J,.:Jvru~.I..~ C0UNTY OF CUMBERUUqD ~SE MANHATTAN BANK ETC VS pLETCHER CIDL~LES R R. Thomas Kline ,Sheriff or Deputy Sheriff, 'Nha being duly sworn according to law, says, that he made a diligent ,search and inquiry for the within named defendant, DEFENDANT F~ETCHER CHARLES R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOU}R; , as to the within named DEFENDANT FLETCHER CHARLES R RETURN NOT SERVED AS PER ATTY. JAVARDIAN, ON 7/5/00. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.0C 8.68 5.00 10.00 .00 41. 68 So .n'. ". ~ .~~ R. Thomas Kline Sheriff of Cumberland County GREGORY JAVARDIAN 07/06/2000 Sworn and subscribed to before me this day of . A.D. Prothonotary ~"""'~ . ~~ " -~ THE CHASE MANHATTAN BANK, AS TRUSTEE ET AL COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, PA. 17065 00-3385-CIVIL AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) COMMONWEALTH OF PENNSYLVANIA COUNTY OF BUCKS I hereby certify that a good faith effort has been made to discover the correct address of defendant (s), by: 1. inquiry of Postal authority; 2. examination of local telephone directories; 3. examination of local tax records. Copies of fact sheets in support of said good faith efforts to locate are attached hereto. I certify that this information is true and correct to the best of my knowledge, information and belief. BY: dfv--' Notarial Seal ORGE R. HESSER. Nalary Pubnc lWP., BUCKS COUNlY COMMISSION EXPIRES FEB. 29, 2004 ~ -,~..~ ' ~---,'-"' I' .~^ CO~iWl2210~ EX,,:bE:, Le.:r :/ :., . cOJ'1.l.H\flilbJ.014.l.!>',b"encu (.r:""";. ' I OEOl:{eE if HEeael:!' l!lOI~V: bfjiij~ · _ M\lI'SI!l1I8€'~1! I .. !"!I'!IIIlIIII .,.. .". IlJIJlfJI!IIiII_ ~L~ _ ~Jnq ~-~ r"" - _ JL,!i!T~~_~~~iIi'~\f~ff$fil,- " '. ~ ,J .1 " ". Defendant Address: Mount (s) Charles R. Fletcher 90 Cedar St. Holly Springs, PA. 17065 FACT SHEET 1) Inquiry of Postal Authority I h~reby certify that I did inquire of the United States Post Office, Zip Code No. 17065 under the Freedom of Information Act, 39 C.F.R. Part 265, as to the whereabouts and/or any forwarding address for defendant (s) and have determined the following: Dat~ of Examination: 7/10/00 (x) a) There is not a forwarding address. () b) A forwarding order has been filed. Defendant (s) moved to: Address: c) Forwarding order has expired. d) Other Explanation: BY: d/tf.--- R- J-dtJ7JO DATE: ~ "~~ - ..,:.,.,.,-j Defendant (s)Charles R. Fletcher Address: 90 Cedar St. Mount Holly Springs, PA. 17065 FACT SHEET 2) Examination of A.O.L. telephone directories I hereby certify that I did examine the A.O.L. telephone directories in an effort to locate the address for said defendant (s) and determined the following: Date of Examination: 7/6/00 ( ) a) There is no listing for said defendant (s) in the A.O.L. telephone directory. Per the A.O.L. White Pages Telephone Directory. (x ) b) There is a listing as follows: Name: Charles R. Fletcher Address: 90 Cedar St. Response: Adult male stated that Charles was not home, but did confirm address of 90 Cedar St. Name: Address: Name: Address: () c) Other. Explanation: Therefore no further information can be obtained regarding the name and/or phone number of any such resident. DATE: d~ ,f.g -~01/0 BY: - Defendant (s)Charles R. Fletcher Address: 90 Cedar St. Mount Holly Springs, PA. 17065 FACT SHEET 3) Examination of local tax records. I hereby certify that I did examine the local tax records for the County of Cumberland and have determined the following: Date of Examination: 7/27/00 (X) a) There is a local tax record as follows: Name: Charles Fletcher Address: 90 Cedar St. Name: Address: , Name: Address: () b) Other. Explanation. BY: ~J-- i'3'~ DATE: ~""<"" -~ . '~-" - , ; >1 "-, S'" -"~-~, ~ "'T" ,.". '. ,'-- - ,__, " ~ :c' . '.,_, ,~,,',,--,,-,--, - ,..,,;; - THE LAW OFF I 'c E S -"Q"p GREGORY)AV ARmAN 44 Second Street Pike Suite 101 Southampton, P A 18966 . July 6, 2000 Phone: (215) 942-9690 Fax: (215) 942-9695 Postmaster Mount Holly Springs, P A. 17065 Philadelphia Office 2021 Locust Street ]"d Floor Suite Philadelphia, PA 19103 Please reply to REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Southampton Office Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Charles R. Fletcher Address: 90 Cedar Street Mount Holly Springs, P A. 17065 The following information is provided in accordance with 39 CFR 265.6(d) (6) (ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44 a and b. 1. Capacity of requester: Attorney 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: Attorney 3. The names of all known parties to this litigation: Charles R. Fletcher 4. The court in which the cases has been or will be heard: Cumberland County 5. The docket or other identifying number if one has been assigned: 00-3385-CIVIL 6. The capacity in which this individual is to be served: Defendant( s) \'-::"'1 ""',,j,<; Ii II " i( I' i~ I; I ~,\ E II II , ~ II " ~ ~ I Ii I' I ~, II Ii Ii (~ " l~ .:', D L !; ; il Ii ,- l~ Ii Ii " I~ l~ ~~ I. . ~., THE SUBMISSION OF F ALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSEPCTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000.00 OR INPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMRA TION 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 PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. 44 Second Street Pike, Suite 203 Southampton, PA 18966 GREGO FOR THE POST OFFICE USE ONLY >< NO CHANGE OF ADDRESS ORDER ON FILE. NEW ADDRESS OR BOXHOLDER'S NAME AND STREET ADDRESS: =,~, - _I < AOL White Pages I Search Results EI~tc::h~J~Ch;:lr!~~M [update] {delete] NQr$13mRd 61Q:QZQ:QZ20 Gladwyne. PA A!;Ic!t()llc!l:lr~$$ Send a Card 190~Q book ~e9[QhfQLPyI;lJjC;;J?'QQ[c:!lLQnCb1!r1e!?ElelQher QigYQY9QJQtliQ.hS.Qb9.QL"YitbCbflrle!?MEI?tGo?r1 More Information: ma directions thin s to do & see businesses nearby. city guide 7 ~ ~'\' r fletcher. Charles R ~~ ~ ll.lpd131E3] LclE:lll2t~] ~QCE:lcl13L$t Z'1L.4136-~7 46 MQl.101Holly Add 1!LllddrQ$$$l2l1cf13C13rd Springs. PA book 17065 s.earQbJQLPyI;lJiQJec;;Qrg!?QnCO~Ile!?Eletc;;beI OjgYQygQJQtljgh~C;;bQQL"YltbCo9rJ?!?Rflet~oer'? More Information: map. directions. things to do & see. businesses nearby. city guide Ac:lc:I;:ll."i~tlng [preyjQ!lJ? 5] [rrex! 5] AOL WHITE PAGES ADD OR MODIFY I HELP Type in the first and last name of the person you're looking for and click Find. i'_ For better results, type in the city, state 'I1fI and the full first name (e.g. William, not Bill). Las, Fletcher Name (required) . First Name Lc~~~~~ City L< .. ... ....~...... I" (US Only) Check to search Metro Search entire metro area for this city. State/Province Ipennsylvania .... Country l~nitedStates II - databy~ - ~ ! Page 2 of3 To add or modify a listing ,gligk here. Use our new IlJternational Directories to find non- U.S. people, businesses, or contacts. FEATURING AOL.COM SEARCH Products AOL White E'13@$ AOL Yellow Pages Qelebdty 1.&Qkl.lP 1;:ITI13il Finder Kids Only MClP$& Qiregt!QO$ Search NeW$grouQ.$ $E:lClrgh Pl2rsQQ131 Pages Search the Web Help & Info .../kevdb?KCFG=US&otmpl=%2fres%2fr 1 %2ehtml&KSN=res-us 07/06/2000 LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN IDENTIFICATION NO. #55669 44 SECOND STREET PIKE SUITE 203 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF THE CHASE MANHATTAN BANK, AS TRUSTEE, ET AL vs. COURT OF COMMON PLEAS CUMBERLAND COUNTY CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 NO. 00-3385 CIVIL CERTIFICATE OF SERVICE I, Gregory J avardian, Esquire, counsel for the Plaintiff, hereby certify that a copy ofthe foregoing Motion for Alternative Service was served on the following persons by first class, mail, postage prepaid, on this q ~day of k. , 2000. Charles R. Fletcher 90 Cedar Street Mount Holly Springs, P A 17065 . , Esquire ~"'~'~d", r"'W""mti\l!llF~l%f~i!iillo1i~f~~mt@;~iJl<1~",-",,~~~1. "~~_ 0 "0,_,",, '" ___~ "./'"-,,,< ' ~-" ~ ~---IiiliI~. ,~~ ~,"""""""" <'] , . 0 ~=, C Ll ;:::::C., "T) ~~; : -... n-j 2-;; ) L .J (/) .. L -< 'T' e:; t~~] , .-'J- : \-=-> ~() . . '. ., :'" <:;::.~CJ C " ~.~ ;..? .." In ~ "'? .~~ "'-.. .~ -< Co ::0 -< .>> "," ~ ~-... ~, , " SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-03385 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN BANK ETC VS FLETCHER CHARLES R R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT FLETCHER CHARLES R but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOTICE , NOT FOUND , as to the within named DEFENDANT , FLETCHER CHARLES R RETURN NOT SERVED AS PER ATTY. JAVARDIAN, ON 7/5/00. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 8.68 5.00 10.00 .00 41. 68 S~ R. Thomas Kline Sheriff of Cumberland County GREGORY JAVARDIAN 07/06/2000 Sworn and subscribed to before me this ? ~. day Of~ ;;J/J'i/n A.D. ~]~~o~r~' ~~i ro ~ . , ,~ LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN, ESQUIRE ATTORNEY I.D. #55669 44 Second Street Pike, Suite 101 Southampton, P A 18966 (215) 942-9690 Attorney for Plaintiff THE CHASE MANHATTAN BANK, AS TRUSTEE OF IMC HOME EQUITY LOAN TRUST 199707 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97 5901 EAST FOWLER AVENUE TAMPA, FL 33617 Plaintiff COURT OF COMMON PLEAS TRIAL DIVISION CUMBERLAND COUNTY No. 60- 33~ tk4fJ vs. CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 Defendant( s) COMPLAINT - CIVIL ACTION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 reliefrequested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 717-249-3166 ~ '",,- ' , ,<-. ],- ************************************************************************ NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************ 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days ofreceipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification ofthe debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days ofreceipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. " ~ . ,. ~~-", . ~~ ,- _ h____, ""'I" LAW OFFICES OF GREGORY JA V ARDIAN BY: GREGORY JA V ARDIAN 10# 55669 44 SECOND STREET PIKE SUITE 203 SOUTHAMPTON, PA 18966 (215) 942-9690 Attorney for Plaintiff THE CHASE MANHATTAN BANK, AS COURT OF COMMON PLEAS TRUSTEE OF IMC HOME EQUITY CUMBERLAND COUNTY LOAN TRUST 1997-7 UNDER THE POOLING & SERVICING AGREEMENT DATED AS OF 11/1/97 5901 EAST FOWLER AVENUE TAMPA, FL 33617 Plaintiff( s) Vs. CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 Defendant(s) : COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE I. The Chase Manhattan Bank, As Trustee ofIMC home Equity Loan Trust 1997-7 under the pooling and servicing agreement dated as of i 1/1/97, (hereinafter referred to as "Plaintiff') is an Institution, conducting business under the Laws of the Commonwealth ofPennsylvauia and brings this action to foreclosure the mortgage between Charles R. Fletcher, Mortgagor(s) (hereinafter referred to as "Defendant") and itself as Mortgagee by assignment. Said Mortgage was dated November 11, 1997 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County in Mortgage Book 1417 page 461. A copy of the Mortgage is attached and made a part hereof as Exhibit' A'. - . . ~',""",,' 2. The Mortgage is secured by Defendant(s) Note dated November 11, 1997 in the amount of $100,000.00 payable to Plaintiff in monthly installments with an interest rate of 8.95%. A copy of the Note is attached hereto and made a part hereof as Exhibit "A". 3. The land subject to the mortgage is: 90 Cedar Street, Mount Holly Springs, P A 17065. 4. The defendant(s), Charles R. Fletcher is the real owner(s) of the land subject to the mortgage and the Defendants' address is: 90 Cedar Street, Mount Holly Springs, PA 17065. 5. The Mortgage is now in default due to the failure of the Defendant(s) to make payments as they become due and owing. The following amounts are due: Principal Balance: Interest to 3/28/00 Accm. Late charges Escrow deficit Attorney Fee/cost $98,555.21 $ 3,206.07 $ 579.93 $ 135.00 $ 3,700.00 TOTAL: $106,176.21 plus interest from 3/29/00 at $24.17 per day, costs of suit and attorney fees. . 6. In accordance with the provisions of the Act of January 30, 1974, P.L. 13 No.6, Section 403 (41 P.S. 403), a Notice of Intention to Foreclose and the Notice of Homeowners' Emergency Mortgage Assistance is applicable and was sent AprilS, 2000. The Defendan(s) have not cured the default. . WHEREFORE, Plain: i ff requests the court enter judgment in Mortgage Foreclosure for the sale of the l110llgaged property in Plaintiff's favor and against the Defendant(s), in the sum of$106,176.21 together with the interest from 3/29/00 at $24.17 per day, costs of suit and attorney fees. Law offices of Gregory Javardian BY: TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This ".Q!""":,, day Of~.."., ~ .............~.... v 'I,A#. r:1ri uI......... k...=~~;;n-.. ._~~~ ." -...............".0. ""'-' ,. . NOTE ~. . ~ -;;p ~-::) MOUNT HOLLY SPRINGS ,\ \ i ..PENNSYLVANIA (~I ~.~ ~7100? "1) ~ove~er II, 1997 lD"'l I 90 CEDAR STREET MOUNT HOLLY SPRINGS, PA 17065 (pro""",'",,_] " 1.BO~0WER.'SPROMISETOl'AY , I, In retum for . loan that I have _Ived, I promise to pay u.s. $ "prlnalpal"), plus interest. to the order of the Lender. The Lender is IMC MORTGAGE COMPANY I I I " I wJtersland that the' Lender may transfer this Note. The Lender or anyone who takes this Note.by transfer andlwho is CDtitled to receive payments under thi, Note is Ted the "Note Holder.. 2. INTEREST I , Intl'm will be charged on unpaid principal until the full amount of principal has hilCll paid. I will pay Interest at a yearly rate of 8.950 %., . . " , l1he iDt~~ rate required by thif Sedion 2' is the rJte I will pay both before BDd *r any default described in Section 6(B) of thi& N,o~e. ' '. ..' , 3Jp~~l{fS I' " tAl '11.... an~ Place of, Paymenl" . I will pay principal and Intereat by making payments every moDth. ' I will onake my monthly payments on the 17 day of eacI1 moDth beghmiag 00 December' , 1997 , . I will JDal<o !heae paynbts every moDth until I have paid all.f the principal and i!1leresl and any other I ciliarges described below that I Dky owe under this Note. My monthly payments will be applied to intere:;t before . ptilncipal. If, un Noveml>er 17, 2027 , I ,till owe amounts under this Note, 1 will pay those amounts In full on that date, which is cal1ed Ibe "Maturity Dale." , I will make my moDthly paymenta at 5901 EAST FOWLER AVENUE ITAMPA, FLORIDA 33617 'oratadlfferentplacelfrequiredbytheNoteHolder. I (B) Amonntjot Mo1ubJy Payments .. MymonFypaytaefwlll belD the smaunt of U.S. $ 801.03 ~.BORROWER'SRlGIrrTOPREPAY i,' I I have lbe 1IghtlO JDal<o payments of principal at any time before they are due. /l. paymenr of pria~lpal oaIy is ' lQ1o'l" "I' a "prepayment." When I JDal<o a prepayment, I will leII Ibe Note Holder In writing thaI I am domg'o. I nlay ~ .1\1I1 prepayment or partial prep.yments without paying any prep.yment charge. The Note Holder will... all of my prepaymenb 10 reduce the amoant of princlpil1thatl owe under, this Note. )f I malre a partial prepayment, there will be au changes In the due date or In lbe amount of my moDthly p.ymenr unless the Note Holder agrees lD"writlng 10 those changes. I . , S. LOAN CHARGES , , If ~ law, which applies to this loan and which ~ rnaxiamm loan charges, Is finally iDte<preted 'o'that.the iDtereat or lother loan chartea coReeled or 10 be coUei:ted In couaectloD with this loan exceed the permitted limits, then: (I) any such loan charge shall be reduced by th.1l11lIlUIll aeceaaary to reduce the charge to Ibe penaiued limit, ~ (U) any IUDIS already collected from me which exceeded permitted limita will be reflmded to'me. The Note ,lIolder DIllY choose to make this refund by. reducing lbe principal I owe under'this Note or by ~~ a. direct paymenr to mil. If a refund reduces prlnclpal, the reduedoJ1wIU be treated as a partIa1 prepayment.' 6.~ORIlOWER'SFAILUBETOl'AY ASllEQUJIlED ' . ,WLat. ChBrcdor OyertIua l'a1iueats. .. '. it a.. Note Holder has DOl received Ibe fuIllUl101lllt ot any DlDDthly pll)'DlOi>\ by the end of 15 calendar days after the date It Is due. ,I wIU pay alate charge to the Note Holder. The _ fflthe charge will be 5.000 I % ofmy overdue paymenl Dfprinclppl a1\,r_1 will pay'this late charge proiaptly but only.once on each liMpayment. ' , (B) Default , If I do DOt pay tile full amount of each monlbly payment on the date it is due. I will be in default. I (e) Nollce of Default, ., ' If I om In default, the Note Holdef may.,ead ... a written Dollce telllag me that If I do aut pay the overdue amo1lIlt by a certain date, the Note Holder may requlre me to pay '........."t.ly the MI amount of principal wbi<b has. Dot been paid and all the intereSt that I owe aD. that amount. That date n:b1st be at leut 30 days atter the date on wblch the..1ice Is delIvered or mailed to.... " (Il) N~ Wai.er by Note Holder Even If, at a tilue when I am In default, lbe Note Holder does aut requlre me to p.y immediately In full as described above, the Note Holder will.tiIl have, the right to do so If I am In default at a later time. (E) l'ayment of Note Holder's Costa aIld Exp..... , If the Note Holder has required me to pay Immediately 1a full as described .hove, the Note Holder will have the I right to be paid back by me for all of its costs and exp"'lcs In enforcing this Note to the exteat DOt probibited by applicable law. Those expenses include. for example. reasonable attomcys' fcc:s. I " 10000P.00 (this amount it called , , . " , , I ,II MULTISTATE AXED RATE NO~E. SU\gle F~mlIV - mMA/FHLMC UNIFORM INSTRUMENT I ..,.1al1 G .&A ftW101 VMl' MOATGAGE FOPMS~ WOOIS2.1-721U C I PonTI 3Z00 12/83 Amen~~9' ..- , III I" 'I , lIill.lli1llll "~ -I - '"" . , I i 7. ~G OF NOTICES . . , UDlqss applicable law requires a different method, any notice Ihat must be given to me under Ihls Note wUl be given by I delivering it or by maUtng it by first class mall to me at the Property AddreSs above or at a different addre3s if I give lb. Ij'Ole Holder a nodce of my differeot addr.... I . Any IIOdce Ibat om,st be giVell'o the Note Holder under Ibis Note will b. given hy mailing it !iy first c1;W mall to the Note Holder M t\ie address. stated in. Section 3(A) 'lbove'* at a difftrtn.t address if 111m gi'Vtn a notice of !.hat 1 different address. I I , I ' .8. OBLIGATIONS OFl'ERSONSUNDER TBlSNOTE , IIf more llw1 0.. persoll'.igos lhls Note, eoch pOlSOllls'fuIly and I"'lSOllslly obllgated to keep sIl of lhe promises m~e in dds 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 ~es over these obligatiDos. including the obligations Df a. guarantor. surety or endorser of this Note. is also obligated to keep aU of the promises'made in this Note. The Note Hplder may enfotee its dtbts under ibis Note agaIn,t eoch persoo individually or agaiosl all of us tDgether. 'IbIs mew ~at anyone ofus may be ~~ed to pay all of the amounts owed ~der this Note. 9. WAIVERS I I and any other .person who bas obllgatloDS under this Note waive the rights of presenbnent and notice of ldisboDOr. -Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonorlO means the right to require the Note HoIdel; to giye:notice to other persons that amounts ,me have Dot been pald. , ' ,I , \ , ' , 10. UNIFORM SECURED NOTlt I This Note is a uillform instrument with limited vari.a1lons in aome jurisdictions. In additio'Q '0 the prot.ectlOlU I given 10 lb. Note Hold.i Ullder this Note. a Mortgage, Deed of 'l'Iust or Security Deed (the.'Socurlty iostrom.Jlt'). c1s,\ed lhe same Ilate as thI. NOle, protects !he Note Holder from'posslble 10'''' wblcb might result if I do not keep !he promises wliicb I Ulai<C in this Note. Thst Security _ desCdbes how and Ullderwhat COllditlollS I may be required to make immediate payo1tIllin . full of all amoOllIS I owe under Ibis Not.. Some of tbose COIldidoos are descn"bed. as follows: I " Transfer1o'fthe Propert)' or a Beneficial Interest in Borrower. If all or any part 'of the Property or any intore>t ill it i. .old or lIaOSferred (or if . b~ciaI intore>t ill Borrolver i. sold or ttansferied and II BOllOwer is not a uatnral'person) without Leader's prior wrinen consent, ~der may, atl its option. " Irtq1jire hiunediate p')'IIlOlll in full of sIl sums secured by Ibis Soi:IIrity 1Ds_ However, lhls,opdoll ~bsllllOt b..exercised by Lender If exercise Is prohibited by JOlIerallaw. as of Ibe date qf Ibis Security ~L . If Leo.d.er exercises this option, Ltnder shall give Borrower 1lOtic:e cf acce1era.tiOD. 'The DOUce shilt provide a period of not less than 30 days from the date the notice is delivered or IlJailed within which BortOW~er ~lIt pay all sums secured. by this Security lnstromellt. If Borrower'faDs to pay these sums prior to tb.e iraUOu'lot thh: period, Lender may'mvoke any remedies permitted by this Security Instrument ~ wl'tbout . cr notice or ~ on' ~ttOWet. I ( . WITNESS THE HAND{S) AND SBAL(S) OF TIlE UNDIlRSlGNIlI>. ,'~'j}~ J:P rlfvV I R. FLETCHER 8SN: ~1.58'4842 (seal) ~llItOWClr. (Sea1) ..,......., SSM: (seal) -- SSM: I ", (seal) -Bono_ , (Sign Orlgi1lplOnl)oj I " SSM: , , , , , I ~.fAt9"101 ,. Fotm 3200 12183' r_hf2 ,~ ~'~ i i ~_ i' i ' I" III - L",. -"-".~ . .~" '~"""""_...;-- I . .. CERTIFIED _ COpp-P I hereby certify that this is a true and correct copy of the original document. ~\~~~~>\.\.~()A , , Parcel Number: [Space Above This Unc For Recording Dab] MORTGAGE , , , I . TIllS MORTGAGE ("Security Instniment") is given on . November 11, 1997 CHARLES R. FLETCHER , TIle imortgagor is I I I . , doFwer')' This sLty Instrument is given to IMC ,MqRTGA~E COMPANY, A FLORIDA CORPORATION which is organized and existing under the laws of FLORIDA address is 5901 EAST FOWLER AVENUE TAMPA, FLORIDA 33617 lONE HUN~RED THOUSAND , , and ~hose I' , Dollars (U.S. $ 100000.00 ). Thls debt is evidenced by Borrower's note dated the S3IIIC date as this S~urity Instniment ("Note"), which provides for monlhly paYlpenlS, with the full debt, If.not paid earlier, due and payable aD November; 17, 2027 . . . Thls Security Instrument secures to Lender: (a) the repayment of the debt evidenced by .Q:1e Note,. with interest, and all plnewals. extenstqDs and modifications of the Note; (b) the payment of all other, sums, wit)llnterest, advanced under paragraph 7 to P\'OI\* jhe security of this Securiiy Instrumellt; and (c) the perfonnance of Borrower's covenants 'and ~greements un~erl this . Security Instrument and the Note. For this purpose, Borrower does, hereby mortgage, grant and convey to Letider the. following Idescribed propertY l~catet! In CUMBERlAND ',I " ColIDtj, Pennsylvania: and 001100 , . . ("Letider"). Borrower owes Letider the principal sum of , , " i i I [' I I I I which has the address of 90 CEDAR STREET MOUNT HOLLY SPRINGS . Pennsylvania n065 \ZIp Cod.] ("Property AddresS"); PENNSYLVANIA-SlnS" P.mlly-FNMAiPHLMC __ UNIFORM INS'TRUMENT Form 3039 9/90 ~ -6RIPA) (94101,01 Amended 5/91 I I lP VMP MORTGAGE FORMS. (8oo1521.7291nl1 1/,- Plll10 1 of $ I IrllUals: ~l.L ~ [Slree!t, City], 11111111111111111111111111111111111 - ~ ." - ~ ~~lIIIliIlill.tllUj(jJiJJiIl_~'~~ __...1.__., .w.. ~~ .~ ,~ " ~-~. ,- IW ,~~~ , I I , , " I I ' TOGETHER' \\jITH ,all the '..:ments now qr hereafter ~ed on the Pt. and all easements, app~enances, and fIXtures now or hereafter a part of the property. All repla<:ements and additions 'shall also be covered by', this Security Jjnstrument. All of lbe foregoing is referred to In this Seeurll}' Instrument as the 'Property. ~ I BORROWER COvpNANTS that Bonower ,is lawfully seised of the estale hereby conveyed and has the right'lf> mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbranc.es of r=rd. Borro"l'er i"'&n;ants and will defend generally the tide tri the Property against all claims and demands, subject to anyenculnbrances of I'"*>r<\. THIS SECURITY INSTRUMENT combines unifOllll covenants for national use'and non-unifollll covenants wlth'limited variations by jurisdiction to constitute a unifOllll security lnslr1JIlltnt cov~g real property. UNIFORM CpVENANTS. Borrower and Lender covenant and agree as follows: I , 1. Payment of PrIncipal and lnt~tst;, Prepnymenl and ;Lale Charges. Borrower shall promptiy pay when due tpe principal of and Interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 1 . 2. Funds Cor Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under,the Note, untU the Note is paid in fu1j, a sum ("Funds") for: <a) yearly:taxes ,and assessments which'may attain priority over this SecurIty Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property,lflany; (c) yearly haurd or property insurance preilliums; (d) yearly flood Insurance premiums, If any; (e) yearly mongage Insurance premiums, if any; and (f) any sums payable by Borrower to Lender, In accordance with /h~ provisions of paragraph ~, In lieu of the payment of mortgage Insurance premiUms; These items are called '.Escrow Items. . Lebder may, 'at any time, collect and hold Funds in 1m amount not ~ exce~ the maximum amount a lender Cor a ,feilerally related mortgage loan may require for Borrower's escrow account under the fedef1l\ Real Estate Settlement Procedures ,Act of 1974 as ~mpnded from time to time, 12 U.S.C. Section 2601 et seq..('RESPA '), ,unless another law that appli~ to the Funds ' sets a lesser F.ount. If,oo, Lender may, at any time, collect and hold Funds m an amount not to exceed the lesser I amount. I Lend~ may estimate the amount of Funds doe on the basis of coIrent data and reasonable estimates of expenditures of future , ' Es~r\lw ltems or otherwise ill accordance with appliCable law. ' " ITh~ Funds shall be held in an InstiUltlon whose deposits are Insured b! a federal' agency, Instrumentality, or entity .(lncludmg Lender, If Lender is soch an Institutlon) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow acdount, or verifying l/1e Escrow Items, unIcl;s Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Ho1we'ver, Lender'may require Borrower to pay a O!ll>otime charge for an independent real estate tID\ 'reponing sen:ice iUSe4 by Idder in connection with this loan, Unless applicable law provides otherwise. Unless an agreement is .made Or applica~le law requires interest to be paid, Lender shall not be required ,to. pay Borrower any interest or ~gs on the Funds: , Borrower and Len\ler may agtee in wrltip,g, however, that Interest shall be paid on the FUnds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits tq the Funds and'the purpose for which each .debit to the Funds wa.! made. The Funds are pledged as a4dltional seeurlty for all sums secured by this Seeurlty IDs\fU11ltllt. If the Funds held by Lender exceed the amounts permitted to be held ,by applicable law, Lender shall aeeount to Borrower for the excess Funds in accordance willi the requlremenl4 of applicable law. If the amount of the Funds held by Lender at any time ~ not sufficient to !pay the Escrow Items when due, Lender may so notify Borrower ill writing, and, In such case I\orrower shall p'ay to Lender the amount necesSlU}' to make up the deficiency. Borrower .shall make up the deficiency in no more thali \Welve monthly payments, at Lender's sole discretloD,. ". " .' . I. . . Upon payment m full of all S\UDS ~ecured by this Security Instrument, Len\ler shall promptly refund \0 Borrower, any Funds held by Lender. If, under paragraph 21, Lender shall ~e or Sell the Property, Lender, prior to the acquisiti~n pr sale. of the Property, shall apply any Funds held by Lender at the time of 8Cq\Iisition or sale as a credit against the swns secured,by this Seeurlty Inslnlmelll. , ' " , 3, Application of Payments. Unless applicable law provides otherwise, all payments received by Lender uiu1er paragraphs i1 and 21 shall be applied: first, to any prepayment Charges due und~ the Note; second, to amounts payable under paragraph 2; thlrd, to interest due; fourth, to principal due; and last, 10 any late charges due ~er the Note. i " , ' '4. Charges; L1eus. Borrower shall pay 'all taxes, assessments, charges, fines and impositions aurlbu~able to the Property which may attain. priority over this Seeurlty.lnStrument~ and leasehold payments lor ground rents; if any. Borrower shall pay these obligations in the llUUIIler provided In paragraph 2, or \fnol pald in that manner, Borrower shall pay them on,tim~ directly. , to the person owed paYment. Bj"iower shall promptly furnish to Lender all notices oC amounts to be paid umIerthis paragraph. If Borrower makes these paymepts directly, Borrower sIlall promptly furnish to Lender receipts evillenclng the payments. 'Bqrrower shall promptly discharge any lien which has priority over tills Security !nsll'ument unless Borrower: (a) agrees in writjng to the payment of the obligation sCC1lred by the Iie.n In a manner lK7eptable to Lender; (b) contesls in good faith the lien by, or defends against enforceinent of the lien In, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from llie holder of the lien an a~rerment satisfactory to ,Lender subordinating the lien to this ~~rity Ins.trument. If Le~der deten'nines that any part of tl\e Property Is subject toa lien which may attain priority over this Sedurity Instrument, Lender may give Borrower a notlCll identifying the lien. Borrower shall satisfy the Ii,en or take one or more of lbe actions set forth above within .to days of the giving of notice., . I ' " I I I ' , 'I Forll'l 3039 9190 . Mv i'1'I'.'.~ , I I ~ -6RIPA' 1$4101.Q1 .~fII ' Page 201 8 -._oW5l~'~,,~.~IiIIIIllIlIIBiIli&liliUW.' I.. .. ....... ~ ~" ~ ~ ._~ ~ ~ --~ IIiIll ~.' - '".~._~""k' ,,"'~" I I ,Ii . . , 5. Hazard or Property ~,. Borrower shall keep the Improv~ existing Or hereafter erected on the Property,lntured againslloss by ~.aan:ls Inclulied within the term 'eJ<lended~ge' and any other haZards, Including flopds or flooding, for which Lender requires insurance. This insuraore shall be maintained In !,he amouots and for the periods " that ,Lender requires. The Insurance carrier providing the insurance shall be cho~en by BOfIOwer subject to Lender's approval' . whi~ shall not be unreasnnably withheld. If BO,rrower falls to maintain coverage descri?ed above, Lender may, at Lender's . nption, obtain coverage to protect Lender's rights In the Property in a~rdaoce wi$ paragraph 7. All Insurance polifies and renewals shall be acceplable 10 Lender and shalllnc1ude it standard mongage clause,. Lender shall have the right 10 hold the p~licies and renewals. If ~der requires, Borrower'shall promptly give to Lender all receipts of paid premiwns and renewal notiCes. In the event of loss, Borrower shall gi~e prompl notice to the insurance carrier and Lender. Lender njlay make proo\, of loss if not made promptly by Borrower. ' , pilless Lender and Borrowe,r otherwise agree in writing, iosur:ulce prpceeds shall be applied 10 restoralion or repair of the Property dmn3ged, if the restoration or repair is economically feasible and Lender's security is not lesSened. If the restoration or repF is not economically feasible or Lender's security would be lesSened, the insurance proceeds shall be applied]to the SUJOil secqred fY this Security Instrunjent, whether or' not then due, with any excess paid 10 narrower. If Borrower abandons the Property, or doe$; nol answer wllhin 30 days a notice from Lender that the insw-ance carrier has offered 10. settle a claim, then Lender IIlllj' collect the ins1Iraoce proceedS. Lender may use the proceeds to repair or restore the Property or io pay sums se<;ure<\ by this Security Instnj!lllfut, whether or not then due.' The 30-day period will begin wheu the notice is ,,given, I Unless Lender and BofJower otherwise agree in writing, any application of proceeds to principal sliall' not exlend or poslpone t)Ie due date of the monthly payments referred to in paragrapbs 1 and 2 or change the amOuot of tile !payinents. If under pat'llgraph 21 the Property is acquired by Lender, Borrower's rlghlto any Insurance policies and proceeds r"'1llltingfrom damage to the Pro~ prior 10 the acquisition shall pass to Lender 10 the extent of the sums secured by this. S,ecurity Insln1n\ent :!edialelY prio/ 10, lI!e acquisition.. " . 6. Oecu~anw, ~eservation, Maintenance and Protection or the Property; Borrower's Loan'Applicationj Leaseholds. B? ower shall occupy, establish, and use the Property as Borrower's principal residence within ~lxty days after the execution of thIS Security Instrument and shall conlinue to occupy the Property as Borrower's principal resi~ei1ce for at least One year after the date ff occupancy, unless Lender otherwise agrees in writing, which consenl shall nOloe ~easonably 'withheld, or unless exlenuating circumstances exist which Ore "cyond Borrower's control. Borrower shall not ~estroy, damage or impair the Property, allow the Property to ,deteriorate, or commit wasle on the Property. Borrower shall be in default if any forfeitnre action or proceeding, whether civil or crimlnal, Is begun that in Lender's good faith judgment .could result in forfeiture af the , P;roperty or otherwise materially impair the lien created by this Sl'CUrlty Instrument or LeIIder'ssewrity interest. Borrower may c~ such a default and reinstate, as provided in paragraph 18, by causing the action or proc;eedilig to be dismissed witlj a ruling Ithat, in Lej1det's good faJlh determination, precludes forfeiture of the Borrower's interest in,the Property or other materlll1 Impairmenl of the lien crealed by this Security Instrument or Lender's security inlerest. Borrbwer shall also be in default if BOt;rower. during the loan application process, gave materlally false or Inaccurate information or stalemei1ts to Lender (or failed to provide Lender with any malerlal infomtatlon) in connection with the loan evidenced h:( the Nole, Including, bUI notlimiled to, representations conceming Borrower's occupancy of the Property as a principal 'residence. If this Security. Ins~1 is on a leasChold, Borrower shall comply with all the provisions or the lease.' If Borrower acquires fee, ,title to the PropeflY, the lel\Se\1ol~ and the fee title shall nOI merge uolesli Lender a,gi'ees to the merger in writing. '. I I . 7. ProtecUon or Lender's Rights. In the Property. If Borrower faila to perfonn the covenants and agreements contained in fuIs Security ~t, \lr there is a legal proceeding that may significantly affeCt Lender's tights in the ProPerty (such as a proceeding in banlqv'p1cy, probate, for condemnatlqn or forfelwre or 10 enforce laws or regula.tlbns), then !Leodpr may do and pay for whatever Is,n~s;uy 10 protect ,?e value of the Property and ~der's ~ghts In,.the !property. Lender'~ actions may .ihclude paying any sums secured by a lien which has priority over this SecprttY Ins_nt, appearing. in 1COurt, paying. . reasQnab1e Ittorncys' fees and entering on the Property to make lepalrs.A1though Lender 1riay /ake action under i ~ll1'a.raph 7,Lenderdoesnothavetodoso. '. . .,' " . , Any amounts disbursed by Lender under this paragraph 7 shall become additional de1>t of Borrower SecUred by this i Security Instrumenl. Unless Borrower and Lender agree to other terms of paymenl, these amoUnts shallltear interest from iIle dal; 'of disbunelnent at the Note rale and shall be payable, with Interest~ upon notice from Lender 10 Borrower requesllng . I ' payment. '. , 8, Mortgage Insurance. If Lender required mongage insurance as a condition of making lbe loan secured,by this Security Instrument, Borrower shall pay the premiums required 10 maintain the mortgage insurance itl effect. If, for any reason, the mongage Insurance coverage required by Leflder I~pses or ceas~ to be In effect, ~olTQwer sh;\l1 pay the premiums requp-ed to . ,obtain coverage subslantially equivalent to the mortgage Insurance previously in effect, 'at a cqst substaolially equivalent to the eOSI 10 Borrower, of the mongage insurance previously In effecl, from an alternate mortgage insurer approve9 br Lender. If subslantially equlvajent niongage u.surance coverage Is nol available, Borrower shall pay to .Lender each month a sum equal 10 one-twelfth of the yearly mortgage insurance premium being paid by Borrower wben the Insurance Coverage lapsed or ceased to he ~n effect. J..,ender will accepl, use and relaln these payments as a loss reserve in lieu of mortgage Insurance. LoSl; ,'reserve Form 3039 9}9.o, ~-6R(PAlI94101.01 fag.ac!S , Inllla~~ .. I' I I , ' , 1,'1 i'l . .. " ~lllli~i,..~~ iiIliiIiIi.....l.i_ ""~ ,~J "~ .. ~ . --'Ht. ,,,,,,'~J.,,,-.: , I ~ I " I' paYments may no longer be requa8he option of Lender, if mortgage ins~ge (in the amount and Jar the period that ~der requires) provided b~ approved by Lender againbeco='~e and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requireme~t ~r ~ortgage insurance ends in accordance with any written agreement between Borrower and Lender,or applicable law. I , i ,,9. Inspection. Lender or its agent may make reasonable enlries upon and inspections of the Property. Lender shall give Borrower nopce at the time of or prior to an inspection specifying reasonable cause for the inspection. I , 10. Condemn~tion. The proceeds of any award or claim for damages, direct or consequential, in connection wilh any condemnation or other taking of any part 'of the Property, or for conveyance in lieu of condemnation, are hereby assigned abd shall be paid to Lender. . I In the event of a toW taking of the Prol1erty, tpe proceeds shall be applied to the SUjIlS secured by this Security Instrument, ~hether or not ,then due, with any excess paid to Borrower. In the event of a partial taking of the Property in 'Which the fair roarket value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument jrnmediately before the taking, unless Borrower and Lender otherwise agree in writing, the s~ secured by 'Eo. Security InstnUnent shat! be r~uced by the amount of !h~ proceeds multip~iedby the follo"\'ing fraction: (a) the total lIlJ"lunt of the! sums se~ed IIIUlICdiately before the taldng, diVided ,by (b) the fair marlcet value of the Property lnunediately before the taking. Any balance shall be paid to Barra,,:er. .In the event of aparti:ll taking of the Property in whicli tp.e fair nwket value of the Property immediately before the taking IS less than the amount of the sums secured lnunediately before the I taking, unless Borrower and.Lender otherwise agree in writing or unless applicable law otherwise provides, the'proCCfds shall I be ap~lied to Ibe sums secured by this Security, Instrument whether'or ndl the sums are then due. " I' Jf the Pr!'perty is abandoned by Borrower, or If, after,natice by Lender to Barrower that the condemnor offers to make an aw~ or)sellIe a clahn for damages, Borrower falls to respond to !lender within 30 ,days after the ,date the notice is given, Lender is authorized to collect and apply the proceeds. at its option. either to restoration or repair of the Property or to the sums , s~red by this Security InstnUnent, whether or not then due. .. I Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shaII not exi~d or postpone the ;uo date of thelnonthly payments referred to in paragtaphs 1 and 2 or ebange the amount of such paY'11ents. ' , I 11, Bortower'Not Released; ,Forbearanee By Lender Not a Waive!;. Extension of the time for paymebt or modification of amortjzation of the sums secured by this Security Instrwnent granted by Leader to any successor ,in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in intc;rest. Lender shall not be required to ' commence proceedings I1galnst any succeSsor in interest or refuse to extend time for payment or otherwise modify a,mortizatlon of the SUIIlS secured by this Security Instrument by reason of any demlllld made by. the original Borrower or Borrower's' successors in,interest. Any forbearance by Lender in exercising any tight or remedy sh.all not be a waiver of or'preclude the exercise pf any right otremedy. . ~ ,. . 12. Successors lU\d Assigns Bound; Jo~t and SeverallJablllty; Co-signers. The covenants and agreements o( this SecuritY InstnUnent shal! bind and benefit the successors and assigns of Lender and BOrrower, subject to the provisions of parl.graph 17. Borrower's covenants and agreements shaIl be joint and several. Any Borrower who CO-Sij:llS this Security Ihslru1Dent bnt does not execute the Note: (3) is co-signlng this Security Instrument only to mortgage, grant and convey that Borrower's Interest jn the Property under 'the tenns of this Security Inslnnnent; (h) 'is not personallr obligated'to pay ~ S\!IDS. I secured by this Security Instrument; and (0) agrees that Lender and any other Borrower may agree to extend, modify, foI;bear Or make any acconunodatloDS with regard to the tenDs of this .Security, Instnlinent or the Note without that Borrower's consent. ' 13. L~an Charges. If the loan secured by this Security Instrument Is subJ"'flto a law whlc)J. sets maximum ioan chl\l'ges, ~d that Ilaw Is fina1Iy intelpreted so that the interest or other loan charges coUected or to be collected in connection with the loan exceed the pennitled limits, then: (a) any such loan charge sha1\ b~ reduced by the amount necessary, to reduce the charge , " to the 'pctmilted limit; and (b) any BUllIS already collected ftom Borrower which 'e:tceeded p~tted limits will be refunded to Borrower. Lender may choose to make this. refund by. reducing the prin~pal ~ under the Note or by making a direct plly!l1el1l. to Borrower. If a refund reduces prinelpal. the reduction will be as a partial prepayment without any , prepayment charge under the N~te. ,.' , 14. Notices. 1UJ.y notice t'?( Borrower provided for In this Security Ins/r111l1Cnl sh,all be given by delivering it or by mailing it by fll'S1 class mail Ullless appltcable law requires use of another method. ''rhe notice shall be directed to the Property Address or any ,dther address Borrower designat~ by notice to Lender. Any notice to Lender shall be given by first class mail to . Lender's ad4r~s stated herein o~ any other address Lenderdeslgnates by:notice to Borrower, Any notice provided fpr in this Security InstnUnent, shall be'deemed to have been given to Borrower or Lender when given as provided in this paragraph. I 15. Governing l-aw; Sevf'abllity., This Security InstrUment shall be govemedby federal law and the law of the jurisdiction in which the Prope'fY is located. In the event that ariy provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provlsio'llS of this Securio/ Ihstroment or the ~ote which can be given effeot without tl1c conflictjng provision. To this end the ,provisions of this Security Insmunent and the Note are declared , to he severable. l' '1 , i 16. Borrower's Copy. Borrower shail be given one conformed copy of the Note and of this Security IDStnlqiew. Farm 3039 9/90 , I) YlI. :lnl1lals:~: G -6RIPAI""o,,o, I~ I I PtgG-40rs .I I ~~"- ",-"'.;;jiiilll.lliiIillliIlllI.J,;:~liIIi:iiloti.Iiio''''''''''''__MlllllllIW~Iill!j__........... ~I_"" . - '_"-,I,I"'-3:"'_~" I' ,II , . , " "i I , 1 I i I p. Transfer of the Propert.enclicial Intert;Slln BOITower. If all or4llllA,Iof the Property or any intetest ill il is sold or tnmsferTed (or if a benefiClalJnterest in BollOwer is sold or lIlIIlBferred ..j~wer is not a natural" person) withOUI Lend~r's prior written consent, ,Lendc;r may, al its optionl require imme.ctiale p~yn:enl in ~l of all sums seel1ted by this Secu!lty ltisl:ument. Holvever, tJils option shall not be exelQSed by Lender if exercise IS prolu'b1ted by federal law as of the date of this Security Instrument.) " i , , If ~der exercises this option, Len4ershall give BOrTower notice of acceleration., The ,notice shall provide a period of nOI less th~ 30 days from, the dale the noUce is: delivered or mailed within which J1ormwer,musl pay all sums secured by.this SecuIjty Inst~t. If .BorTOwer ,fails 19 pay these sums prior to the expiration of t)1is period, Lender may invoke any remedies permltied by'l1tis Secunty Instrunlenl w.)houl fu~er notice or dc;mand on BOrTower. ,.. , 18. BOITower's Right to Reinslate. If BOrTOwer meets certain conditions, Borrower, shall have the righl 10 have enfbrce~1 of this Security Ins~entdisconlillued at any time prior'to'the e~Uer:of; <a> 5 days (or such other period as applicabl law IIJllY specify for f"'.inst41ement) before sale of the'Property pursu;W.1 ,10 any power of sale contained in this Security trument: or (Ii) entry of aJu~gment enforoing this Security Instrumenl. iI1hos~ l'OnditioDS are that B9rTower: (a) pays Lender all sums which then ,wou,ld be dUe under this Security \DStrument and the !i'Ole as if no acceleration had ocCurred' (b) , cu~s "\Iy defaull of any other coveoanls or agreements: (c) pays all expenses incurred in enforcing this Secl1rity Instroa:enl i,ncluding, hnl not limited to, reasonablbltorueys' fees: and (d) takes such actionla. l-ender may reasonably teq!lire 10 assur~ that'the lien of this Security Insln1!llent; Lender's rights In the Property and BOrToWer~s obligation 10 pay lbe swns; ~ecnred by 'this Securlty Instrument shall cqnlinue unphanged. Upon reinstall;lIlCnt by Bq~)'Ier, this Security InSlnlmeht and. the obligations secured he~by shall reinait\1 fully effecti:ve as if no acceleration had occurred. However, this righllo reirlstale sball , , nOt flPply In the case of accelerarlol).1mder pmgraph l7. ..' . . . ~9. Sale of Not~ Change ~f I1an ~fer. The NOle or a partial inter~ in the N,?le (together with ,t1Jis Security ent) olaY lJe soll1 one or more tiqles WIthOut prior notice to BOrTower. A sale lIU!Y result III a change in the entity (known as e "Ulan Servicer") thai collecfll UlOnlhly paymenlli due under the Note and thisi':l>~ty InstIuinent. There also may be bne or'mdrechanges or the Ulan Servicer ~te!l to a sale of the Note. If't\Iere is a clll\nge of lheLcian Servlcer, BOrTower will be given written notice of the change in acCordance with paragraph 14 above and appUc.ble law. The notice will state the naIne and addreSs of the new Loan Servlcer and the address 10 which payments should be made. . The notice will also contain any other information required by applicable law.' ' . , .., , . 20. Hazardons Substances. Borrpwer shaH nol cause or permil the presenc;c,use. disposal. slorage. or release of .my HaiardoDS SUbstances on or in the Propet'!Y. Borrower8lJaII nOI do, nor allow 1 ~~one else 10 do, anything 'affecting' the Property that 'is in :violatioa of any En~4'omnentalLaw. The prq;eding two senten~' ,h~ not apply to the presence. use. or storage on lbe Property of small q\1antilies of Hazardous SubslaDces that are generally:recopized to. be appropriate to normal re$idential DSOl' and 10 ma1ntellllIlce of tile PropCfly. ' . , ' '. Borrower shall promptiy give LeDder wPlten notice orany investigation, c1l\!1n, demand, lawsnit o.r other action by any governmental or regulatory agency or pfi:vateparty involving the Property and any ~ons Substance Or Environmental Law of which BOrTower has actual knowledg~. If Borrower learns, or Is notified by anyigqvernmental or regulatory authority. that , any removal or other remediation of an~ Hsardous Substance affecting the Prop~ is:~sary, Borrower shall promptiy Wle all necessary remedial actiOI1.!! in acl:Ord;jnce with Environmenta1 Law..' , J M. used in this paragraph 20, "HazarjfQus Substances' are those snbstances ~efiAed as toxic or liazatdons substances by EnvltollIl1enta1 Law and the fonowingl substances: gasoline, kerosene, oll).er f1~ble or .Ioxic petroleum producls. 'IOf!C pesticidesl and herbicides, volatile solveltlS, materials containing asbestos or fonnal~clh~4e, anll. radioactive materials. As U$ed in this paragrapll 20" 'Envirownental La*,' means federaJJaws B1\d laws of lbe jnrl~diCtion wllere the Property is located that relate to health, safel)\ or C1lViro~ protection... ,', .. . . NON.UNIFORM; ~OVENANTS. Borrower and tender further connant andla~ee as fonovls: " . 21. 'Acceleration; Rem.edies. Lend~r.sh.alI give notice tel Borrower pl'I,'orto a!!eel.""'. tlon. ..following BOrrOWer{' breach of spy covenant or agreement in this I Security ~ (but not prior to li~c~eratjon under paragrap 17. unl.ess applicable Jaw provides otherwise). LeI1dei' sha1I notify llorrower of, among ~~a; thjngs: (a) the default; (b t,he action required to cure the default; (c) whel. the default IJl\ISt he cured; and (d) that f~e to c1lt'e the default as sp~lfi~ tt1ay resttIt in acceleration of the SUIDS Se#ed by this Seeuri~ ~t, forecloWe1>Y j~cial ,ptoc~ and ,al~ !lf, the .. Property. Lender shall furtlJ.er infodllllol'l'Ower of the nght1tc! reinstate aftCljI ~eration and the nght to 'assert"ID the . i foreclosure proceeding the non-eXlste/l~ of'a default or 8I\Y other def"'1'" of B~rr~""er to. aeceleration and foreclosure. It the default is Dllt cured as sp,eclfied, ~der, at Its option, lJIlIY requh'e lmm~,~,~""t in full of aU ~ secured by this SecuritY Instniment WIthout f~.dem8nd and IIlaY foreelose this Sel:I"ilIJt~ent'bY judicial proceeding. under shllO he entitied to collect lill ,~enses Incumd In pnrsuiJ!g the ~~ilies provided In this paragraph' 2~, . including, but not Umlted to, attorneYs' fees and costs of tjt)~ llVlden~e to the ~ent,!p~nriltted. by applicable law. . . 22. Release. Upon payment o(lall sums secured by this SecurityIos~t, :this Secunty Instromeut and the eslate cOnveyed shallletminale and become ~oid. ~fter SIIch occurrence, Lender shall <!~clrnrge and satisfy this Security Inslnl\l1ent without charge to Borrower. Borrowerishall pay any recordation costs.,' , , , 23. Walv~. Borrower, to the eittentPFmllled by applicable law, waives and,releases any error or defects in proceedings 10 enforce this SecurilY Instrument, ""# hereby waives the benefit of any present ot 1fui11re laws providing for stay' of execution, extension of time. eJlemption from atlaCJunenl, levy and sale. and homestead exemption. . ' I 24. Reinstatement Period, BOr!:ower's time 10 reinstate provided in p~ph 18 shall eXlend 10 one hour prior to lbe roo\mencemenl of bidding al a sheriffs sale or other sale' pursuant to this Security jjlstiUmenL " , 25. PurChase Money Mortgage~i If any of the debt sCeured l1Y this Securiry lostrinnenl is lent 10 BorTower to acquir~ lille 10 the Property, lbis Security Instrument shall be a purchase money mOrlgage. , 26. Interl!St Rate After Judgment. Borrower agrees \hat the in~erest ra.te pa~able after a jUdgmenlis entered on 'the Nole or in an actio1\ of mortgage foreclosure: shall be the rate payable fro~ time lo'time under the Note. . I I, ' _I, ' . , Form 30~l,[ _J6R(~A)19'4101.01 PlQlIhlll In[tlalS! '. ~ , , " , - .- ~"",..,,"''''''~' , I ,I, I - .. I , 27. Riders to tbls Security Instrument. If one or more riders are executed by Borrower and ~corded together with this Sepw;ity Inslrument, the covenants and agreements of each such rider shall be incoIpdrated into and shall amend and supplement the c6venants ~ agreements of this Security Instnlmenf as if the rider(s) were a part of this Security Instrument. ,. I [Check applicable box(es)] r I 0 AdjustaQle Rate Rider 0 Condominium Rider' 0 14 Family Rider , o Gradu~ted Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider I" 0 Balloon Rider' G Rate Improvement Rider 0 Second Home Rider ,.~ V t Rider q Other(s) [specify] . BY SIGNING BpLOW, Borrower accepts and agrees to the tenus' and covenants contained in this Security Instnlmen; ~d jn'.any,rider(s) dxecuted by 1l0rrower'and recorded With it. 9 ' (Zfz' 0 W'tnessesl, rJ, '. ./ ~ V I / (Seal) lj)&j~ J:l. CHARLES R. F'LETCHER -Borrowtr . I I (Seal) .Borrower. (Seal) -Borrower I (Seal) ..Bbrro~r . Certificate of Residence JI1 /l U Y . . . I, ImellSSO- 1'1. f::::1 --L - ) . Au . ',do bereby certify fuat the correct addreks of th~ \Vitbin:"amed Mortgagee Is .:Jqo I E OSI J-o (J.) r:.ryrll..f { .' " ~'CUx.pa.1 j:::'ld/ido. iJS/,?t7 ~. .0IJ"-: hAG' (997' ." V?itnessmyhandthls . / / ' dayof vet~ '. ~.. . . J~JjJ.,:=?a ----2- '~ 'ntofMorraag" " County 5S: . I C)C) 7 ,bef~e me, the '!nderslgy.ed offl~r, COMMONWEALTBqFPENNSYLVANIA, . .,' '. At ~ Onthis,the. If . ' daynf IV/)VeJ). . pers?nallyappeared 'Charko~. F/ek./J.eJ0, " ' I , .. I known to me (or satisfactorily proven) 10 be the person , whose name 1'5 subscn'bed to the wilhln instrument and acknowledged that h. e.:. "'d ~ r a~' 'execute~ the same for the purppses herem contll1Ile . ' I IN W~ESS ~OF. I bereunto sel my hand and of ial . /1// / / /'1 My COltUlUSS10n EXp1reS: ----.1cU!1AI~ ~___ Mellssa~.ola~~I~~~~PUbIiC (//7-:;~l Pu/Jlt{).' ower AUan ;rw~. CU berland County '-1.~. y COmmIS$iOn'ExPlf S sept. 6, t999 Tide or Officer 'l!)~~R(PAlt94101.01 Pagl6clD I Form3039 9/90 , , , I ~ , ~ ~- " ~.. - . L ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE April 5, 2000 CHARLES R. FLETCHER 90 CEDAR STREET MOUNT HOLLY SPRINGS, P A 17065 TillS FIRM IS A DEBT COLLECTOR A TIEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN A TIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATIEMPT TO COLLECT A DEBT, BUTONL Y ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on vour home is in default and the lender intends to foreclose. SDecific information about the nature of the default is Drovided in the attached Dages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to helD to save vour home. This Notice eXDlains how the DrOl!l'llll1 wodes. To see ifHEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITillN 30 DAYS OFlHE DAlE OF THIS NOTICE. Take this Notice with vou when vou meet the Counseling Agencv. The name. address and Dhone number of Consumer Credit Counseling Agencies serving vour County are listed at the end of this Notice. Ifvou.have anv auestions.vou mav call the Pennsylvania Housinl! Finance AgencvtuIlftee at 1-800- 342-2397. (Persons with imDaired hearinl! can call (717) 780- 1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBlENGA UNA TRADUCCION INMEDlA TAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADA ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDA SALV AR SU CASA DE LA FERDIDA DEL DERECHO A REDlMAR SU illPOTECA. " . . "Ilii. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): CHARLES R. FLETCHER PROPERTY ADDRESS: 90 CEDAR STREET, MOUNT HOLLY SPRINGS, PAl 7065 LOAN ACCT. NO.: 1312925 ORIGINAL LENDER IMC MORTGAGE COMPANY, A FLORIDA CORPORATION CURRENT LENDERlSERVICER: CITlFINANCIAL MORTGAGE COMPANY F/K/A IMC MORTGAGE COMPANY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM.FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. . IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, . IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND . IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-Ifvou meet with one of the consumer credit counselinl! ae:encies listed atthe end of this notice the lender mav NOT take action a"ainst vou for thirtv (30) daYS after the date of this meetin". The names. addresses and'teleDhonenumbers ofdes;""ated consumer credit counselinl! al!encies for the countvin which the Drooerlv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for [mancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated conswner credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30)) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ~ . ~~~ l'il;.." AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLWWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!! it up to date) NATURE OF THE DEF AUL T- The MORTGAGE debt held by the above lender on your property located at: 90 CEDAR STREET, MOUNT HOLLY SPRINGS, PA 17065 IS SERIOUSLY IN DEF AUL T because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 12/17/99 thru 311 7/00 at $801.03 per month. Monthly Payments Plus Late Charges Accrued: $3,784.05 NSF: $0.00 Property Inspection: $9.95 Other: $97.06 Insurance: $0.00 Attorney fees: $185.00 (Suspense) ($0.00) TOTAL AMOUNT TO CURE DEFAULT $4,076.06 B. YOU HA VB FAILED TO TAKE TIIE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE TIIE DEFAUL T- You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING TIIE TOTAL AMOUNT PAST DUE TO TIIE LENDER, WHICH IS $4,076.06 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING TIIE THIRTY (30) DAY PERIOD. Pavrnent must be made eithCl' bv cashier's check. certified check or monev order made Davable and sent to: CrrIFJ:NANCIAL MORTGAGE COMPANY. 4501 ERSKINE ROAD. SUITE 50. CINCINNATI. OH 45242-4713. A TIN: HOLLY CARROLL. You can cure any other default by takmg the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not aDPlicable) N/A. IF YOU DO NOT CURE TIIE DEFAULT-If you do not cure the default within TIDRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!hts to accelerate the mortl!lll!e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon vour mort!!lll!e properlY. ~~ '"" ! IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DAY Deriod. vou will not be required to Dav attornev's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and Drevent the sale at anv time UD to one hour before the Sheriff's Sale. You mav do so bv Daving the total amount then Dast due. Dlus anv late or other charges then due. reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as sDecified in writing bv the lender and bv Derfonning anv other reauirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DA TE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately SIX (6) MONTHS from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may frod out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- CITIFINANCIAL MORTGAGE COMPANY 4501 ERSKINE ROAD, SUITE 50 CINCINNATI, OH45242-4713 ATIN: HOLLY CARROLL TEL. NO. 1-877-222-1140 EXT. 6680 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You _ mayor XX may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost are paid prior to or at the sale that the other requirements of the mortgage are satisfied. 0''''''- . ..~ - " YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LA WSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. ./Yery truly yours, i '_~.._/ 'i:.( ~.'_ ..1.., . ,{"'t"} / / ,:-t.. ,- , Vii ATTORN FMENDER '1lli ~ NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************ 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty (30) days of receipt of this notice, our offices will provide you with the name and address of the original creditor, if different from the current creditor. ~ PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, P A 171 0 I (717) 234-5925 FAX (717) 234-9459 Commuuity Action Comm ofthe Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlisle 301 G Street Carlisle, P A 17013 (717) 243-3818 FAX (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 PENNYLSV ANIA BULLETIN, VOL. 29, NO. 23, JUNE 5, 1999 ~Ji;< _0_- ~~ ~"i,,' VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best ofhislher knowledge, information and belief. The undersigned understands that the statements therein made are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. cDeLUJ I, ~[JJII! R{ ~ \: III .. ~ ~ ~ ':,-w~ .,. , QFF:~, (':1,:1 IWI ";1.0', I):', . ~""~,"",!,, ~~-,,'~-, r " " ,j 11 "'''''l'fF -:"ili'Y ~ ~ @!iI ~ ~ ';,'-"1 ,J L~ '; I,", ~,,~~~~,,~W~:MW~~;l~!tWgi:B\~":"~\1Ij~~~~~jj_~