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HomeMy WebLinkAbout03-0364THE LAW OFFICES OF BARBARA A. FE1N, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, Trustee for Securitization Series 1999-3 Agreement dated 6-01-99, By and Through its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, Vo KAREN A. ETTER and TERRI L. HOLDER, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE NOTICE NOTICIA 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 WRITYEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING iN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAy BE ENTERED AGAiNST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator 4th Floor Cumberland County Court House I Courthouse Square Carlisle, PA 17013 (717)240-6200 LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA y LA NOTIFICACION USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO y ARCHIVAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEF[ENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOT1F1CACION O POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERI)ER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO iNMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECC1ON SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff MANUFACTURERS AND TRADERS TRUST COMPANY, Trustee for Securitization Series 1999-3 Agreement dated 6-01-99, By and Through its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, KAREN A. ETTER and TERRI L. HOLDER, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. CML ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST TIlE 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 WRit tEN APPEARANCE PERSONALLY OR BY ATTORNEy AND FILING IN WRITrNG WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAy BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAy LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP Cumberland Count5, Court Administrator 4th Floor Cumberland County Court House I Courthouse Square Carlisle. PA 17013 (717) 240-6200 NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA y LA NOTIFICACION USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTHA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICAC1ON O POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE PARA PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL Cumberland County Court Administrator 4th Floor Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 {717) 240-6200 NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ETSEQ. ("THE ACTS") To the 1. 2. extent the Acts may apply, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law fimi, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law finn. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law fim~ within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kristen DiPaolo, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. (a) The Plaintiff, Manufacturers and Traders Trust Company, Trustee for Securitization Series 1999-3, Agreement dated 6-01-99, is the holder of a mortgage as below described. (b) Fairbanks Capital Corp., is a Corporation having been organized under the laws of the State of Utah and having its principal place of business at 338 South Warminster Road, P.O. Box 1900, Hatboro, PA 19040. (c) Fairbanks Capital Corp. is the loan servicing agent for Plaintiff, maintaining the business records for the Plaintiff/Mortgagee in the ordinary course and scope of business. 2. (a) Defendant Karen A. Etter is an individual whose last known address is 207 Shughart Avenue, Boiling Springs, PA 17007. (b) Defendant Terd L. Holder is an individual whose last known address is 207 Shughart Avenue, Boiling Springs, PA 17007. (c) Defendant Karen A. Etter holds an interest in the subject property as both a Real Owner and Mortgagor. (d) Defendant Terri L. Holder holds an interest in the subject property as both a Real Owner and Mortgagor. (e) If either of the above named Defendants is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 3. (a) The residential mortgage being foreclosed upon is secured by property located at 207 Shughart Avenue, Boiling Springs, within the Townshipof South Middleton, Cumberland County, Pennsylvania. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on March 10, 1999 and was recorded on March 17, 1999 in Mortgage Book 1527, at Page 18. (d) The legal description for this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) The herein named Plaintiff has standing to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as below: Assignor: ContiMortgage Corporation Assignee: Manufacturers and Traders Trust Company, Trustee for Securitization Series 1999-3, Agreement dated 6-01-99 Recording Date: As Recorded (Assignment) Book: As Recorded At Page: As Recorded (f) By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B". 4. The mortgage is in default because the Defendants above named failed to timely tender the monthly payment of $1,080.21 on September 15, 2002, and thereafter failed to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. 6. Plaintiff seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage due and owing (b) Interest due and owing at the rate of 9.350%% calculated from the default date above stated through January 31, 2003 Interest will continue to accrue at the per diem rate of $28.34 through the date on which judgment in rem is entered in Plaintiff's favor. (c) Late Charges due and owing under the Note in accordance with the Mortgage Instrument (d) Escrow Advances made by Plaintiffon behalf of Defendant mortgage account (e) Corporate Advances and other fees as a recoverable expense under the mortgage terms (f) Non-Sufficient Fund (NSF Charges) (g) Court Costs and fees as recoverable under the mortgage terms, estimated (h) Attorneys' fees Calculated as 5% of the principal balance due, in accordance with the mortgage temps TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $110,631.38 4,779.98 920.19 34.34 460.49 30.00 300.00 5,531.60 $122,687.98 7. (a) The attorneys' fees set forth as recoverable at Paragraph 6(h) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event ora third- party purchaser at a Sheriffs Sale only. (b) If the mortgage arrears are to be reinstated or paid-off prior to the Sheriffs Sale, Plaintiffs actual, attorneys' fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. 8. (a) ($50,000.00) Dollars. (b) Under ACT 6, 41 P.S. § 101, et seq., Plaintiff Mortgagee is not obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting foreclosure proceedings. The original principal balance of the Mortgage is more than Fifty Thousand et seq.. 9. (a) The subject mortgage is governed by ACT 91 of 1983 35 P.S. § 1840.401C, (b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. Plaintiff hereunder served said Notice upon the defaulting borrowers on November 22, 2002. (c) Appended hereto and incorporated herein by reference as Exhibit "C" are copies of the Notices required, having been sent on the date set forth on the Notice. (d) The Defendant has failed to make a timely application for financial assistance with the Pennsylvania Housing Finance Agency. WHEREFORE, the Plaintiff, Manufacturers and Traders Trust Company, Trustee for Securitization Series 1999-3, Agreement dated 6-01-99, By and Through its Loan Servicing Agent, Fairbanks Capital Corp., respectfully requests: -- Entry of judgment in rem against the Defendants above named in the total amount of $122,687.98 as stated at Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure and Sheriffs Sale of the subject mortgaged property. Respect~ily Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 DESCRIPTION ALL THAT CERTAIN tract of land, with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: to wit: BEGINNING at a point on the eastern side of Shughart Avenue, as indicated on the Plan of Lots hereinafter referred to, which point is the northwestern corner of Lot No. 6 on said Plan; thence along the eastern side of Shughart Avenue, North 11 degrees 50 minutes West, eighty-seven and twenty-five hundredths (87.25) feet to a point at the corner of Lot No. 4 on said Plan; thence along the latter, North 78 degrees 10 minutes East, one hundred seventy-eight and forty-six hundredths (178.46) feet to a point at line of land now or formerly of Ellen E. Shughart Miller; thence along the latter, South 21 degrees 51 minutes 10 seconds East, eighty-eight and sixty hundredths (88.60) feet to a point at the corner of Lot No. 6 on said Plan; thence along the latter, South 78 degrees 10 minutes West, on hundred ninety- three and eighty-seven hundredths (I93.87) feet to a p6int, the place of beginning. BEING Lot No. '5 on a Plan of Lots known as Shughart Acres, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 18, Page 75. HAVING THEREON erected a dwelling house known and numbered as 207 Shughart Avenue. Tax Map #28-2100 Parcel #073 Parcel Number: ¢£RTIPI£D TO TRIJ£ [Space Above This Line For R¢conling DataI P*. sE TO: MORTGAGE CONTIWEST C/O CONTIMORTGAGE 3811 WEST C:{ARLESTON BLVD, SUITE 104 LAS VEGAS, NV 89102 LOAN ~ 0008676397 THIS MORTGAGE ("Security Instrument") is given on KAREN A ETTER and TERRI L HOLDER March 10th, 1999 · The mortgagor is ("Borrower"). This Security Instrument is given to CONTIMORTGAGE CORPORATION ~- which is orgardzed and existing under the laws of DELAWARE . and whose address is 338 S. WJ~RblINSTER ROAD, F. ATBORO, PA 19040-3430 ("Lender"). Borrower owes Lender the principal sum of ONE Hr/NDRED THIRTEEN THOUSAND FOUR HUNDRED & 00/100 Dollars (U.S. $ >'113,400.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt. if not paid earlier, due and payable on March 15, 2029),,, . This Security instrument secures tn Lender: (a) the repayment of the debt evidenced by the Note. with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums. with interest, advanced under paragraph 7 to protect the security of this Securit7 Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the fo[lowing described property located in Cumberland County, Pennsylvania: SEE RXHIBIT "A" which has thc address of x/) 207 SHUGHART AVEI~o~;, BOILING SPRINGS Pennsylvaniai, 17007 [Zip Code} (" Proper ty Address "); PENNSYLVANIA - Single Family ~ IrN'Mu~LMC UNIFOP. LM 1NS']'RLr]gI~NT Farm 3039 9t90 '"" ,--.~6R(PA) to~lol Aauended 5/91 VM P MORTG^ GE r'ORM$ ' (800'521 'T29l [Street. Cityl. fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security [nstmmem All of the foregoing is referred to in this Security Im[rumem as the "Property." BORROWER COVENANTS that Borrower is lawfu[¥ seised of the estate hereby conveyed and has me right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of" record. THIS SECURITY INSTRUMENT combines uniform covenants for national use md nan-uniform covenants with limited variations by jurisdiction to constitute a uniform security instmmem covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject m applicable law or to a written, waiver b~ Lender. Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, 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, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage imurance premiums, if any: and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragrapt'~ 8. in lien of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed 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 Act of 1974 as amended from time to time. 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to thc Funds sets a lesser amount. If so, Lender may. at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of furore Escrow Items otJ other,vise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including [.ender. if Lender is such an institution) or ia any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow ttems. Lender may not charge Borrower for holding and applying the Funds. annually analyzing the escrow account, or verifying the Escrow Items. unless Lender pays Borrower interest on the Funds and applicable law permils Lender to make such a charge. However. Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with mis loan, unless applicable law provides otherwise. Unless an agreement is made or applicable [aw requires interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower. without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law. Lender shall account to Borrower for the excess Ft.mds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower m writing, and. in such case Borrower shall pa.',' to Lender the amount necessary to make up the deficiency. Borrower sha~l make up the deficiency in no more than twelve monthly payment, at Lender's sole discretion. Upon payment ha full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Funds bold by Lender. ti. under paragraph 21. Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property. shall apply any Funds held by Lender at the time of acquisition or sale as a credit again.qt the sums secured by this Security Instrument. 3. Application ol' Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs [ and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due: and last. to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may amain priority over r_his Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed paymen,. Borrower shall prompdy furnish to Lender all notices of amounts to be paid under r2us paragraph. [f Borrower makes these payments directly, Borrower shall promptly I~mish to Lender receipls evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security instrument un. less Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in. legal proceedings which in the Lender's opinion operate to prevent the enforcement of thc lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that an3, part of the Properw is subject to a lien which may attain priority over this Security Instrument. l.x:nder may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take oue or more of the actions set forth above within i0 days of the giving of notice. Form 3039 9t90 insured against loss b~ fir'e, hazards included within the term 'extended coverage" and any other hazards, including floo~ls flooding, for whJ. ch Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower snbjec! to Lender's approval which shall not be uro'easonably wi~eld. If Borrower fails to maintain coverage described above. Lender may. at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. Ail ir~urance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold tine policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may rna}ce prno[ of loss if not made promptly by Borrower, Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is 'not lessened, If die restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property. or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when tile notice is given. Unless Lender ami Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs, l and 2 or change the amount of the payments. [f under paragraph 21 the Property {s acquired by Lender. Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisitiol~. 6, Occulmncy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property t¢ deteriorate, or commit waste on the Property, Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith .judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest, Borrower may cure such a default and reinstate, as provided in paragraph 18. by causing the action or proceeding to be dismissed with a ruling that. in Lender's good faith determination, precludes forfeiture of the Borroxver's interest in the Property or other material impairment or' the lien created by thi.s SecuriW Instrument or Lender's security interest. Borrower shall also be in default if Borrower. during the loan application process, gave materially false or inaccurate information or statemellts to Lender (or failed to provide Lender with any material i~fformation) in connection with the loan evidenced by the Note. including, but not limited to. represenhations concerning Borrower's occupancy of the Property as a principal residence, if this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. [f Borrower acquires fee title to the Property. the leasehold and the fee title shah not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may la}ce action under this paragraph 7. Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other ternu of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance a~ a condition of making the loan secured by tiffs Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If. for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to l~orrower of the mortgage insurance previously in effect, from an alternate mor~age insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available. Borrower shall pay to Lender each month a sum equal to one-twelfth of the )'early mortgage insurance premium being paid by Borrower when the ir~'~urance coverage lapsed or ceased to be in effecL Lender ~ill accept, use and retain these payments as a loss reserve in lien of mortgage insurance. Loss reserve Form 3039.9/90 that Lender requires) provided by ~,n insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss resep.,e, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law, 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the irmpection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with arty condemnation or other taking of any part of the Property, or for conveyance in lieu of condenmation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property. the prnceecks shall be applied to the sums secured by this Security Instrument. whether or not then due, with any excess paid to Borrower, In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument im.mediamly before the taking, unless Borrower and Lender otherwise agree in writing, die sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total mount of the sums secured immediately before the taking, divided by Co) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of Ihe Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security h~atrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrowe~' that the condemnor offers to make an award or settle a claim for damages, Borrower fails 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 secured by this Security [nstru~nent, whether or not then due. Unless Lender and Borrower otherwise agree [n writing, any application of proceeds to principal shall not extend or postpone the due date or' the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension o£ the time for payment or modification of amortization or' the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operale to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by t~fis Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbe~,rance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound;,Joint and,Several Liability; Ca-signers. T~e covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security fustmment 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 Instrument: (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that fl:~e interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; a~d (b) any sums already collected from Borrower which exceeded perra/tted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. if a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. An>' notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail nniess applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security, Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. I5. Governing Law; Severahitity. TIns Security Instrument shall be governed By federal law and the law of the jurisdiction in which ~e Property is located, h~ the event that any provision or clause of this Security Instrument or thc Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end [he provisions of d'tis Security Instrument and the Note are declared to be severable. A ~4R~PA) 104[0) Form 3039L/~/90 17. Transfer of the' ~?ropcrty or a Beneficial Interest in Borrowe~.' If ail or any parr of the Prop'erty or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrosver is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security. instrument. However. gtis option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of figs Security. Instrument If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security. Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument wiflmut further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certsin conditions. Borrower shall have the right to have enfomemem of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period, as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument: or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums wifich then would be due under this Security Instrument and the Note as if no acceleration had occurred; ~b) cures any default of an5, other covenants or agreements: (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to. reasonable attorneys' fees: and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument. Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument anti the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case or' acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may' be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects montMy payments due under the Note and this Security Instrument. There also may be one or ~ore cbs. ages of.the Loan Servicer unrelated to a sale of the No e If there s a change of the Loan Servicer. Borrower will be g~ven wrttten nonce of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substauces. Borrower shall not cause or permit the presence, use. disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do. anything affecting the Properb' that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use. or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender wrilten notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of wkich Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediafion of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly cake all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, 'Hazardons Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other liBra.raBble or toxic petroleum products, toxic pesticides and herbicides, volatile soIvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Euvironmental Law" means federal la~vs and laws of the jurisdiction where the Property is located tha~ relate to health, safety or en'~tronrnental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Burrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding.' Lender shall be entitled to collect all expenses incurred in pursuing the remedfes provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by [his Security Instrument, this Security Instrument and the estate conveyed shall terrmnate and become void. A~ter such occurrence, Lender shall discharge and satis~ this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower. to the extent permitted by applicable law. waives and releases any error or defects in proceedings to enforce this Securi~_ Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution. extension of time. exemption from attachment, levy and sale, and homestead exemption. A .-~..:6R{PA) i~lo~ commcncemem of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Proper'y, this Security Instrument shall be a purchase money mot;gage. 26. lntere.st Rate After .Judgment. Borrower agrees that Ihe interest rate payable after a judgment is entered on Lhe Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument. the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the cove~mnts and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ~--} Adjustable Rate Rider [-~ Condominium Rider 1'- i 1-4 Fanfily Rider ~ Graduated Payment Rider ~ Planned Unit Development Rider [ i Biweekly Payment Rider ~-~ Balloon Rider ~] Rate Improvement Rider ~-~ Second Home Rider ~ VA Kider ~ Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. ~ _ , (Seal) Witnesses: KAREN A ETTER T~RRI L }iOLDER -Borra'~er {Seal) (Seal) Certificate of Residence [, '"~a--ro '{.~ ~ ,'~vx{~u~..Ac- , do hereby certify that tbe correct address of the within-named Mortgagee is ~-~' ~ $ - L~o-cv,~d~a~,~e_~- ""O.~.~ ~,c.2~4r~4w..,,~.~., ~e{o ~0 Witness my hand Offs /~ ~ day of /O~c--C ~-L' /~ {~ - ' / 0/ Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, On this, ~e 10th day of March ~rson~[y appeared ~EN A ETTER and TE~I L HOLDER Count)' ss: 1999 , before me, the undersigned officer, known to me (or satisfactorily proven) to be thc persorO, whose name. fl' subscribed to the within instrument and acknowledged that /cLod... executed the same for ~he purposes herein contained. d IN WITNESS WHEREOF, I hereunto set my hand ,-md official seal. /'~ . ( My Commission Expires: [ DO~tOTHY L. BRYANT. Notsry Pubf~ [ My Commission E:qaires Feb. 12. 2001 ] Tide of Officer (/ Form 3039 9/90 ~ '~' ~-' LOAN # 0008676397 ,1999 [Ci.~l lState] 207 SHUGHART AVENUE, BOILING SPRINGS, Pennsylvania 17007 [Prop=ny Address] 1. BORROWER'S PROMISE TO PAY In return {'or a loan that I have received, I promise to pay U.S, $ 1.2.3,400.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is CONTIM0~TOA~E CORPORATION . I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until thc full a-mount of principal has been paid. i will pay interest at a yearly rate of 9. 350 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note, 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by mal~ng payments every month. I will make my monthly payments on the 15th day of each month beginning on APR'fL 19 99 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments wilI be appLied to interest before principal. If. on MARCH 15 2029 . I still owe amoums under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 338 s. HATBORO, PA 19040-3430 WA.R.MINSTER ROAD or at a different place if required by the Note Holder, collected from me wlfich exceeded per'i'nitted limits will be refunded to me. Th, by reducing the principal I owe under this Note or by making a direct payn reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments 205~5Z26 121767 20BBTB3972 Note If the Note Holder has not received file full amount of ,any mondtly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to thc Note Holder. The amount of the charge will be S. 00 of my overdue payment of principal and interest, l will pay this late charge promptly but only once on each late pavmem. (B) Default ' If I do not pay the dill amount of each monthly paymem on the date it is due, I will be in default. (C) Notice of Default tf I am in defauit, the Note Holder may send me a written notice lelling me that if 1 do not pay tile overdue amount by a certain date. thc Not~, ttolder may require me to pay inm~ediately the full amount of principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to mc. (D) No Waiver By Note Holder Even iL at a time when I am in default, tile Note Holder does not require me to pay irrm'tediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder :viii have the right to be paid back by mc for all of its costs and expenses in enforcing this Note Io the extent not prohibiled by applicable law Those expenses include, for example, reasonable attorneys' fees. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 941.15 4. BORROVVF:,R'S RIGHT TO PREPAY **Igxeept a~ sat forth in a Note Addendum attached hereto. I have the right to make payments of principal at any time before they are due. A payment of principal ordy is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that 1 am doing so. I may make a fi:ti prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepaymems to reduce the amoum of principal that I owe under this Note, If I make a partial prepayment, there will be no changes in the due date or in the amount of my montl0y payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law. which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to tile oermitted limit: and tii'~ any q,rn~ alro~4V this Note, including the promise to pay tile 3all amount owed. Any person who is a guarantor, surety or enoorser or un~ r~ot~ is also obligated lo do lhese tilings. Any person who takes over these obligations, including the nbligations of a guarantor, surety or endorser of this Note, is als() obligated to keep ull of tile promises made in this Note. TI'~c Note Holdcr may 2nforcc its rights under this Note agaiust each person individually or against all of us together. This means that any one of us may be required to pay all of file amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive thc rights of presentment and notice of dishonor. "Presentment~ mean~ fire right to require the Note Holder to demand payment of amounts due. "Notice of dist~onor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid, 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variatiotzs in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security lmstmment"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises wirier I make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make inm'~ediate payment in ~ull of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) wiflmut Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not le:;s than 30 days from the date the notice is delivered or mailed within which Borrower must pay alt sums secured by this Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand ou WITNESS THE HAND(S) AND SEAL(S) OF THE I, JNDERSIGNED. SSN: 185-50-5963 SSN: 206-50-9186 (Seal) (Seal) .(Sea ) -Borrower SSN: SSN: (Seal) tSign Original ['airbanl,:s Capital Corp. PO Box 55II70 Jacksow4lle. FI, 32255 Address Service Requested No~embc~ 22. 2002 KAREN I"iTTER TERRI ItOLDER 2O7 SHE IG~L~i¥I' AVE BOFL[NG SPRINGS PA 17007-9783 h,,llh-IIh,,Ih,,h,,Ihh,h,,Ih,h,,Ihlh,,h,,h,,lll RE: Loan No 2086763972 FROM: Fairbanks Ctq)ital Corp. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOU 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 "ACI"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: · IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTRO~ · 1F YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND · IF YOU MEET OTHER ELIGIBILITY REQUIREMENIS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPOR:kRV STAY OF FORECLOSURE - [:nd~ the Act. you are entitled to a temporarx stay of foreclosure on your mortgnge for thirty (31)) daxs Ii'om the date of this m~tice I)uring that time you must ammge m~d attend a "lhce-to-lhce" medting With a representatixTe oflhis lender, or xvilh one orti~e coastmltr cl edit cotlm4e]illg agencies listed at the end of this notice. THIS iXlEETING MUST OCCUR IN THE NEXT (30) DAYS. [F YOI: DO NOT ,~.PPLY FOI'[ EMERt;ENCY MORTG:\GE ASSIST. UNCE YOI r *I[ tST BRING YOUR MORTGAGE UP TO DATE TIIE PART OF TI[IS NOTICE C:\LLED "BO\V TO Ct :RI£ \ O['R MORTO.&OE DEF..k[ ;LT". EXPL.MNS HOW TO BRING 5'0[ ~R MORTGAGE UP TO DATI'L CONSITMEI4 ( 'REI)IT COl NSELING AGENCIES - If you meet wilh one of the consumer credit counseling agencies listed at the end of thls notice. the lender may NOT take action againsl you Ibr thirty (30) d[ws after the date of this meeting. The nanles, addresses and telephone nunlbers of designated PlqliIODS SET FOliTII IN 'rills I.ETTER, I"ORECI,ONI'RE MAY PROCEED AGAINST YOUR IIOME IMMEDIATEI.Y AND YOUR triter ia cstahiishcd bx tl~c kct '1 he ]'emls3 Ivan/a []ousing Finance kgencv has sixlx (60) daxs t~; make a decision ;tiler it rcc~ivc~ x our application. IJuling that time. no Ibm cclostu c i~occcdmgs ,~ ill be put sued against }ou ii'you ha'x c met th'c IHiic rc~lmremncnt s scl tbrth above. You x, ill (*e nol/lied di~cctl5 bx NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN IIANKRI PTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BI/ CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. '2086763972CC013* VERIFICATION Tile tmdel'signed, an otticer of Fairbanks Capital Corp. the instant Plaintiff~ or its servicing agent, being authorized to make this Verification on behalf of Plaintiff: hereby verifies that the facts set lbrth in thc IBregoing Complaint in Mortgage Foreclosure are taken fi'om the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintifl: in thc ordinary course of business and that those thcts are true and correct to the best of the knowledge, i lllbrmation and belief of the undersigned. I 1 !NDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTI-I()RITII~S. Dated: Nam~ : Teresa Wint Title · Foreclosure Specialist Company: Fairbanks Capital Corp. NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) AND THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ETSEQ. ("THE ACTS") To the 1. 2. o ° o extent the Acts may apply, please be advised of the following: The amount of the original debt is stated in the Complaint attached hereto. The Plaintiff who is named in the attached Complaint and/or its loan servicing agents are Creditors to whom the debt is owed. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the Creditor's law firm, unless the Debtors/Mortgagors, within thirty days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. If the Debtors/Mortgagors notify the Creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. If the Creditor who is named as Plaintiff in the attached Complaint is not the original Creditor, and if the Debtor/Mortgagor makes written request to the Creditor's law firm within thirty days from the receipt of this notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. Written request should be addressed to: THE LAW OFFICES OF BARBARA A. FEIN, P.C. Attention: Kfisten DiPaolo, Esquire 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 THIS LETTER MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. (a) The Plaintiff, Manufacturers and Traders Trust Company, Trustee for Securitization Series 1999-3, Agreement dated 6-01-99, is the holder of a mortgage as below described. (b) Fairbanks Capital Corp., is a Corporation having been organized under the laws of the State of Utah and having its principal place of business at 338 South Warminster Road, P.O. Box 1900, Hatboro, PA 19040. (c) Fairbanks Capital Corp. is the loan servicing agent for Plaintiff, maintaining the business records for the Plaintiff/Mortgagee in the ordinary course and scope of business. 2. (a) Defendant Karen A. Etter is an individual whose last known address is 207 Shughart Avenue, Boiling Springs, PA 17007. (b) Defendant Terd L. Holder is an individual whose last known address is 207 Shughart Avenue, Boiling Springs, PA 17007. (c) Defendant Karen A. Etter holds an interest in the subject property as both a Real Owner and Mortgagor. (d) Defendant Terfi L. Holder holds an interest in the subject property as both a Real Owner and Mortgagor. (e) If either of the above named Defendants is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 3. (a) The residential mortgage being foreclosed upon is secured by property located at 207 Shughart Avenue, Boiling Springs, within the Township of South Middleton, Cumberland County, Pennsylvania. (b) All documents evidencing the residential mortgage have been recorded in the Recorder of Deeds' Office in Cumberland County, Pennsylvania. (c) The Mortgage was executed on March 10, 1999 and was recorded on March 17, 1999 in Mortgage Book 1527, at Page 18. (d) The legal description for this parcel is attached and incorporated as Exhibit "A" (Mortgaged Premises). (e) The herein named Plaintiff has standing to bring the instant action by virtue of Assignments of Mortgage, duly and publicly recorded as below: Assignor: ContiMortgage Corporation Assignee: Manufacturers and Traders Trust Company, Trustee for Securitization Series 1999-3, Agreement dated 6-01-99 Recording Date: As Recorded (Assignment) Book: As Recorded At Page: As Recorded (f) By virtue of Pennsylvania Rules of Civil Procedure Rule 1147 (1) and 1019(g), and on the basis of environmental responsibility, Plaintiff is not obliged to append copies of the above mentioned publicly recorded documents to this mortgage foreclosure action. These documents are, however, appended hereto and incorporated herein by reference as Exhibit "B". 4. The mortgage is in default because the Defendants above named failed to timely tender the monthly payment of $1,080.21 on September 15, 2002, and thereafter failed to make the monthly payments. 5. As authorized under the mortgage instrument, the loan obligation has been accelerated. 6. Plaintiff seeks entry of judgment in rem on the following sums: (a) Principal balance of mortgage due and owing (b) Interest due and owing at the rate of 9.350% % calculated from the default date above stated through January 31, 2003 Interest will continue to accrue at the per diem rate of $28.34 through the date on which judgment in rem is entered in Plaintiffs favor. (c) Late Charges due and owing under the Note in accordance with the Mortgage Instrument (d) Escrow Advances made by Plaintiff on behalf of Defendant mortgage account (e) Corporate Advances and other fees as a recoverable expense under the mortgage terms (f) Non-Sufficient Fund (NSF Charges) (g) Court Costs and fees as recoverable under the mortgage terms, estimated (h) Attomeys' fees Calculated as 5% of the principal balance due, in accordance with the mortgage terms TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $110,631.38 4,779.98 920.19 34.34 460.49 30.00 300.00 5,531.60 $122,687.98 7. (a) The attorneys' fees set forth as recoverable at Paragraph 6(h) are in conformity with Pennsylvania law and the terms of the mortgage, and will be collected in the event ora third- party purchaser at a Sheriffs Sale only. (b) If the mortgage arrears are to be reinstated or paid-offprior to the Sheriffs Sale, Plaintiffs actual, attorneys' fees (calculated at counsel's hourly rate) will be charged based upon work actually performed. 8. (a) ($50,000.00) Dollars. (b) The original principal balance of the Mortgage is more than Fifty Thousand Under ACT 6, 41 P.S. § 101, et seq., Plaintiff Mortgagee is not obliged to serve Notice of its Intention to Accelerate the Mortgage by certified mailing prior to its instituting foreclosure proceedings. et seq.. 9. (a) The subject mortgage is govemed by ACT 91 of 1983 35 P.S. § 1840.401C, (b) Under Pennsylvania's ACT 91, Plaintiff Mortgagee is obligated to serve the Defendants with notice of their rights under the "Homeowners Emergency Mortgage Assistance Program", by regular mailing, prior to initiating foreclosure proceedings. Plaintiff hereunder served said Notice upon the defaulting borrowers on November 22, 2002. (c) Appended hereto and incorporated herein by reference as Exhibit "C" are copies of the Notices required, having been sent on the date set forth on the Notice. (d) The Defendant has failed to make a timely application for financial assistance with the Pennsylvania Housing Finance Agency. WHEREFORE, the Plaintiff, Manufacturers and Traders Trust Company, Trustee for Securitization Series 1999-3, Agreement dated 6-01-99, By and Through its Loan Servicing Agent, Fairbanks Capital Corp., respectfully requests: -- Entry of judgment in rem against the Defendants above named in the total amount of $122,687.98 as stated at Paragraph 6, plus all additional interest and late charges accruing through date of judgment entry; and -- Foreclosure and Sheriffs Sale of the subject mortgaged property. Respect~lly Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for Plaintiff Attorney I.D. No. 53002 DESCRIPTION ALL THAT CERTAIN tract of land, with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: to wit: BEGINNING at a point on the eastern side of Shughart Avenue, as indicated on the Plan of Lots hereinafter referred to, which point is the northwestern corner of Lot No. 6 on said Plan; thence along the eastern side of Shughart Avenue, North 11 degrees 50 minutes West, eighty-seven and twenty-five hundredths (87.25) feet to a point at the corner of Lot No. 4 on said Plan; thence along the latter, North 78 degrees 10 minutes East, one hundred seventy-eight and forty-six hundredths (178.46) feet to a point at line of land now or formerly of Ellen E. Shughart Miller; thence along the latter, South 21 degrees 51 minutes 10 seconds East, eighty-eight and sixty hundredths (88.60) feet to a point at the comer of Lot No. 6 on said Plan; thence along the latter, South 78 degrees 10 minutes West, on hundred ninety- three and eighty-seven hundredths (193.87) feet to a point, the place of beginning. BEING Lot No. 5 on a Plan of Lots known as Shughart Acres, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 18, Page 75. HAVING THEREON erected a dwelling house known and numbered as 207 Shughart Avenue. Tax Map#28-2100 Parcel #073 Parcel Numbe~: COpy OF · PLEASE RETURN TO: CONTIWEST C/O CONTIMORTGAGE 3811 WEST CKARLESTON BLVD, LAS %rEGAS, NV 89102 [Space Above Thi~ Line For Recording Dam] MORTGAGE SUITE 104 THIS MORTGAGE ("Security InstmmenC) is given on iqAREN A ETTER and TERRI L HOLDER March 10th, 1999 LOAN ~ 0008676397 . The mortgagor is ("Borrower"). This Security Instrument is given to CONTIMORTGAGE CORPORATION 7' which is organized and existing under the laws of DI~LAWARE , and whose address is 338 S. WARMINSTER ROAD, HATBORO, PA 19040-3430 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED THIRTEEN THOUSAND FOUR HUNDRED & 00/100 Dollars (U.S. This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"). which provides for monthly payments, with the full debt. if not paid earlier, duc a/~d payable on March 15, 2029)-- . Tlfis Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note. with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums. with interest, advanced under paragraph 7 to protect the security of this Security instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in Cumberland Count'y, Pennsylvania: SEE EXHIBIT "A" which has the address of ~Z) 207 SHUGHART AVE~u=, BOILING SPRINGS Pennsylvaniat, 17007 [Zip Code] ("Pr oper ty Address"); PENNSYLVANIA - Single Family ~ FNMAJFIt'LMC UNIFORaM INSTRUMENT Form 3039 9/90 ,n. ,.-~6R(PA) I~.lo) Amended 5t91 [SIreet. City]. $Z1767 2086763972 fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument, Ali of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except ~'or encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real proper'o/. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Paymen! of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt ev.idenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written, waiver bi Lender. Borrower sbail pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may aruain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (dj yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender. in accordance with the provisions of paragraph g. in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any nme. collect and hold Funds in an amount not to exceed the maximum arRount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Setdement Procedures Act of 1974. as amended from time to time. 12 U.S.C. Section 260l et seq. (~RESPAD, unless another law that applies to die Funds sets a tosser amount. If so, Lender may. at any time. collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of furore Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender. if Lender is such an institution) or in any Federal Home Loan Ban~. 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 account, or verifying the Escrow Items. un]ess Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However. Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Un/ess an agreement is made or applicable taw requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower. without charge, an annual acccuming of thc Funds. showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds bold by Lender exceed the m'nounts permitted 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 amount of the Funds held by Lender at any time is not sufficient to pay t~e Escrow Items when due. Lender may so notify Borrower in writing, and. in such case Borrower shall pay to Lender the amount necessary lo make up the deficiency. Borrower shall nm~e up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment ~ full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Loner. If. under paragraph 21. Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of thc Property. shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security instrument. 3. Application o1' Payments. Un/ess applicable law provides otherwise, ail payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; Lb&cl. to interest due; fourth, to principal due; and last. to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may anain priority over this Security lnstrumem, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under tlms paragraph. If Borrower makes these payments directly, Borrower shall promptly i:umish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien: or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to th~s Security Instrument. If Lender determines that any part of the Properly is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or lake one or more of the actions set forth above within 10 days of the giving of notice. Form 3039 9/90 insured against loss b3 fire, hazards included within the term 'extended coverage" and any other h~ards, including floo~ls or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall bo acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applifd to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with any excess paid to Borrower. If Borrower abandons the Property, or does not answer wi~in 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds, Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security lnstrumem, whether or not then due. The 30-day period will begin when lite notice is given. Unless Lender ami Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the m~nthly payments referred to in paragraphs, I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender. Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisitio~. 6. Occupancy, Preservation. Maintenance and Protection of the Prol~erty; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or un~ess extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property te deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that. in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Securiw Instrument or Lender's security interest. Borrower shall also be in default if Borrower. during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to. representations concerning Borrower's occupancy of the Property as a principal residence. If this Security instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property. the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's fights in the Property (such as a proceeding in banlcruptcy, probate, for condenmation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7. Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Un~ess Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall bo payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage insurance. If Lender required mortgage insurance as a condition of malting the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintmn the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premJ, um being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve Form 3039. ~/90 that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay thc premiums required to maintain mortgage insurance in effect, or m provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law, 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of Ihe Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. la the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument. whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the takins, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total mount of the sums secured immediately before the talcing, divided by Co) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security h~stmment whether or not the sums are then due. If the Property is abandoned by Borrower. or if, after notice by Lender to Borrowe~c that the condemnor offers to make an award or settle a claim for damages, Borrower fails 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 optinn, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree [n writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of rile sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by Otis Security Inslrument by reason of any demand, made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and,Several Liability; Co-signers. The covenan£s and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs tiffs Security Instrument 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 Instmmem; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. t3. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan ctiarges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under thc Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. An>' notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument sl~all be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severahility. lTtis Security Instrument shall be governed by federal law and the law of the jurisdiction in which He Property is located. In the event that any provision or clause of this Security Instrument or thc Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrnment or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared tc bc scverable. Form3039 ~/90 17. Transfer of the~ ~'roperty or a Beneflci~l Interest in Borrowe~.~ If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permined by this Security tustmment without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Imtmment discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument: or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements: (c) pays alt expenses incurred in enforcing ~is Security Instrument, including, but not limited to. reasonable anorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstalement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17, 19. Sale of Note; Changeof Loan Servicer. The Note or a partial interest in the Note (together w3tb this Security instrument) may be sold one or more times without prior notice to Borrower. A sale may resull in a change in the entity (Imown as the "Loan Servicer") that collects moodily payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer. Borrower will be given written notice of the change in accordance with paragraph 14. above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Snbstances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Proper~y that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Propet'ty Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private puny involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly rake all necessary remedial actions hi accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20. "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, salary or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 2I. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cored; and (d) that failure to cure the default as specified ma), result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate nfter acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of alt sums secured by u'~is Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shal~, discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs, 23. Waivers. Borrower, to the extent permitxed by applicaNe law, waives and releases any error or defects in proceedings to enforce this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay of execution. extension of time. exemption from attachment, levy and sale, and homestead exemption. Form · commencement of bidding at a sheriff's sale or other sale pursuant m this Security Imtmment. :15. Purchase Money Mortgage. If any of the debt secured by this Securi~ Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rote payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together xvith this Security Instrument. the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the cevenaom and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ~ Adjustable Rate Rider [~ Condominium Rider I i 1-4 Family Rider [--~ Graduated Payment Rider [--'] Plarmed Unit Development Rider ~,~ Biweekly Payment Rider [~ Balloon Rider ~] Rate Improvement Rider [] Second Home Rider [---]VA Rider [~ Other(s) [specify] BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. ~ ~~ ~ (Seal) Wimesses: KAREN A ETTER {Seal) (Seal) (Seal) -Borrower -Borrower Certificate of Residence 1. ~"~a-ro '{-%od, ~ ,~rx{at*~.Ac- . do hereby certify that tile correct address of the within-named Mortgagee is ,~, ~ .5 . Lt~o-r't,.~.2,~ .:,,~- ""~.~,~ ¢,c~_'k-~o~-~_, ('~a_. t ~ q O Wimess my hand this /~ //~ day of COM~MONWEALTH OF PENNSYLVANIA, /q q 5 (/ County ss: Agent of Mortgagee On this. the 10%h day of March 21.999 , before mc, the undersigned officer, personally appeared KAREN A ETTER and TERRI L HOLDER known to me (or satisfactorily proven) to be the persor& whose name5 subscribed to the within instrument and acknowledged that ~Lo4~ O executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand ,and official seal. My Commission Expires: NOTARIAL SEAL DOROTHY L. BRYANT, Not$~y Pubflo Lancaster, Lane. ester Co., PA My Commission Ex~ires Feb. 12. 2001 Title of Officer Form 3039 9~90 LOAN # 0008676397 MARCH 10 ,1999 [Ciu] ISmtel 207 SHUGHART AVENUE, BOILING SPRINGS, Pennsylv&nia 17007 [Property Address] I. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S, $ 113,400,00 (this amount is called "principal."), plus interest, to the order of the Lender. The Lender is CONTIMORTOAGE CORPORATION · [ understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until tile full amount of principal has been paid· I will pay interest at a yearly rate of 9. 350 %, The interest rate required by this Section 2 is the rate [ will pay both hefore and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I wilt make my monthly payments on the 15th day of each month beginning on APRIL 19 99 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My montldy payments will be applied to interest before principal. If. on MARCH 15 2029 , I still owe amoums under this Note. I will pay those amounts in full on that date, wbich is called the "Maturity Date." I will make my monthly payments at 338 S. WARMIN,qTER ROAD HATBORO, PA 19040-3430 or at a different place if required by the Note Holder. 0t) Amount of Monthly Payments My monthly payment will be in the amount of U~S. $ 941.15 4. BORROWER'S RIGHT TO PREPAY **Except as set forth in a Note Addendum attached hereto. I have thc right to make payments of principal at any time before they are duc. A payment of principal only is kilown as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing that 1 am doing so. I may make a fi:Il prepayment or partial prepayments without paying any prepayment charge. The Note Holder will use all of my prepaymenls to reduce the amoum of principal that I owe under this Note, If I make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law. which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: ti) any such loan charge shall be reduced by the amount necessary to reduce the charge to tile nermitted limit: and till collected from me wlfich exceeded permitted limits will be refunded to me. Th, by reducing the principal I owe under this Note or by making a direct payn reduction will be treated as a partial prepayment. 6. BORROWER'S }'ALLURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments 20535226 121767 20BS763972 No~ If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, [ will pay a late charge to thc Note Holder, The amount of the charge will be 5.00 % of my overdue payment of principal and interest, I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pity the full amount of each monthly paymem on the date it is due, I will be in default. (C) Notice of Default If I axn in default, the Note Holder may send me a written notice telling me that if I do not pay tile overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid ,mad all the interest that I owe on that amount. That dale must be at least 30 days after the date on which the notice is delivered or mailed to me, (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of' Note Holder's Costs and Expenses If thc Note Holder has required mc to pay immediately in full as described above, thc Note Holder will have thc right to be paid back by me for all of its costs and expenses in enforcing this Note to thc extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. .this Note, including the promise to pay tile l~.lll amounl owe,0. Any person wilo is a guarantor, surety or enuorser o~ uns r~ot= is aiso obligated to do these things. Any person who takes over these obligalions, including the obligations of a guarantor. surety or endorser of this Note, is also obligated to keep all of the promises made in this Nole. Thc Note Holdcr may cn£orcc its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of file amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due, "Notice of dishonor" means the right to require file Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOT[; This Note is a uniform instrument with limited variations Jn some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do no~ keep the promises winch I make in this Note. That Security Instrument describes how and under what conditions I may be required m make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial lnter~t in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is no! a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in lull of ali sums secured by this Securily Instrument. However, tiffs option shall not be exercised by Lender iF exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. Tile notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior m the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument withont further notice or deman~ oil Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE ~NDERSIGNED. SSN: 185-50-5963 TERRI L HOLDER SSN: 206-50-9186 (Seal) (Seal) (Seal) -Borrower SSN: SSN: (Seal) (Sign Original Only) Fmrbar&s Capital Corl~. PO Box 55l 170 Jacksonville, FI, 32255 Address SeFvice Requested November 22. 2002 KAP. I~N WI'TIeR TERRI IIOLDER 207 SHUGHAI/T AVE k~OILI. N¢} SPRINGS PA 17007-9783 h,,llh,,llh,,Ih,,h,,Ihh,h,,Ih,h,,Ihlh,,h,d,,,lll ILE: Loan No 2[186763972 FROM: Fairbanks Capital Corp. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOU 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 · 1F YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FLNAN CE AGENCY. TEMPORARY SI'kY OF FORECLOSURE - Under tile ,\ct. you are entitled to a telnporary stay of lbreclosure on your mortgage for thinly (30) days ii'om tl~e date of this notice I)uring that lime you nmst alTange and atiend a "face-to-face" meeting with a representative of this lender, or with {)tlc of the consume~ c~edit counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR IN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGI~NCY MORTGA(;I', \SSTSTANCE Yet! MUST IIRING YOIJR MORTGAGE UP TO DATE. TIIE PART OF TIIIS NOTICE CALLED "Ht)W I'O CI'RE TOI'R MORTG,kGE DEFAI !LT". EXPLAINS HOW TO BRING YOUR MORTGAGE LTp TO DATE. £;ONSUMER CREI)IT COUNSELING AGENCIES - If you meet with Olio of thc consumer credit counseling agencies listed at thc end oflhis notice. thc lender ma~. NOT take aclion against you fbr thirty (30) days alter the date of this meeting. The lmmes, addresses and telephone lmmbers of desip4~ated COllStlnler credit COtln ;elillff, agencies lbr tile cOtllltr\ ill which thc property is located arc set lbrlh at the elld of this llOtice It is o1115' l/ecessal~.' to schedtdc one lk~ce-lo-lilcc meeting. :\dvi~c your lender immediately of 3 otu- retentions. APPLI£'.\TION FOR [MOItTeLkGE ,'xSSIST:kN£'E - Your mollgag¢ is in dcfimlt lbr thc reasons set lk)llh later in this llolice (See tbllo~xing pages specific il/Ik~rlllaliOll :mom die IlattlFC Ol'>Otll dclhult) Il'you have Iricd and arc unable lo resolk c this problem xdth die lender, you have tile right to apply MUST I"ILE ~.()1 R APPIA( 'ATION PROMPTLS. IF kO[ FAIL 1'O DO SO OR IF YOU I)O NOT FOIA~OW THE OTHER TLME PI,;RIOI)S MS'I FOP, TII IN THIS LETTER, FORECLOS[ RE MAY PROCEED AGAINST YOUR ItOME IMMEDIATELY AND YOUR APPIAC UI'ION FOR MORIGAGE \SSISTAN( E WILL BE DENIED. AGENCY.',(THON - \xailabl¢ fimds Ibr emergenc3rlnOl'Lgage assistance arc verx, limited.'lhc?, x~ill be disbursed byth¢.\genc5 undcrlhecligibilitx criteria eslablishcd 1¥ thc. \d. '1 hc Pennsylvania Itousing Finance .\gency has sixty (60) days to make a decision after il receives 5our application. During thal lime. tie li)~cclosulC proceedings uill lie ptltStted against yon il'you have met the time tequirenlent s scl lbzth above. Yeti will be notified dir¢ctlx bx tile Penns) Ivania I lousing Finance .\gene5 oFits decision on 3 our application. NOTE: IF YOIJ ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. '2086763972CC013' VERIFICATION The undersigned, an officer of Fairbanks Capital Corp. the instant Plaintiff; or its servicing agent, bciug authorized to make this Verification on behalf of Plaintiff, hereby verifies that the facts set lbrth in thc foregoing Complaint in Mortgage Foreclosure are taken from the records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by PlaintitT in thc ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I [ JN DERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENAI,TIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIf~S. Dated: /o.-/o-~ Narr/'e : Teresa Wint Title : Foreclosure Specialist Company: Fairbanks Capital Corp. .... SHERIFF'S RETURN - REGULAR CASE NO: 2003-00364 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERSAND TRADERS TRUS VS ETTER KAREN A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ETTER KAREN A the DEFENDANT at 207 SHUGHART AVENUE , at 1855:00 HOURS, on the 29th day of January , 2003 BOILING SPRINGS, PA 17007 TERRI HOLDER, ROOMMATE a true and attested copy of COMPLAINT - MORT PORE by handing to ADULT IN CHARGE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~l, 9~ day of ] P~ot]~or~ot ary~ So Answers: R. Thomas Kline 01/30/2003 BARBARA PEIN By: D~put y Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00364 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MANUFACTURERS AND TRADERS TRUS VS ETTER KAREN A ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HOLDER TERRI Lthe DEFENDANT , at 1855:00 HOURS, on the 29th day of January at 207 SHUGHART AVENUE BOILING SPRINGS, PA 17007 by handing to TERRI HOLDER , 2003 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff,s Costs: So Answers: Docketing 6.00 Service .00 ~ "'["~ Affidavit .00 ~ ~' Surcharge 10.00 R. Thomas Kline .00 16.00 Sworn and Subscribed to before me this ~[~ day of Q~~~on~t a ~y J 01/30/2003 BARBARA FEIN By: Deputy Sheriff THE LAW OFFICES OF BARBARA A. FEIN, P.C. Barbara A. Fein / I.D. No. 53002 Kristen J. DiPaolo / I.D. No. 79992 425 Commerce Drive, Suite 100 Fort Washington, PA 19034 (215) 653-7450 Attorneys for Plaintiff File No. 02-9132 Loan No. 2086763972 MANUFACTURERS AND TRADERS TRUST COMPANY, Trustee for Securitization Series 1999-3 Agreement dated 6-01-99, By and Through its Loan Servicing Agent, Fairbanks Capital Corp., Plaintiff, KAREN A. ETTER and TERRI L. HOLDER, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 03-364 Civil Term PRAECIPE TO DISCONTINUE CIVIL ACTION TO THE PROTHONOTARY: Kindly mark the above entitled civil action discontinued without prejudice. Respectfully Submitted, THE LAW OFFICES OF BARBARA A. FEIN, P.C. BY: Barbara A. Fein, Esquire Attorney for the Plaintiff Attorney I.D. No. 53002 Dated: May 30, 2003