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HomeMy WebLinkAbout01-05079MATTLEMAN, WEINROTH & MILLER BY: SHARON GRAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215)923-2225 948/57387 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 No.:. Ol- ,5079 Praecipe to Reinstate Complaint in Mortgage Foreclosure AND LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant(s) TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. 1~~~~ Sharon Oras Morgan, Esq 're Attorney ID No. 60068 ~` a ~{ ,:. ~ _~ _" - ~- ri ~ ! -c-, c ,r ,: -c ._ ...~ ~ ~ 1Tl ~ ~ J :..) ~ ~ _._ ~ _ ~ ... F ~z a z~i~,~5 .~u~0.irv"' aT.~E1~+ sfr _. ~. Nfl~f fs i9~ . MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID No. 60068 2226 Land Title Building 100 South Broad Street Philadelphia, PA 19110 Attorneys for Plaintiff File: 948/57387 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No. 39~- 01-5079 MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 AND LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECIIANIGSBURG, PA 17055 Defendant Praecipeio Reinstate Complaint In Mortgage Foreclosure TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure on the above, captioned matter F SHARON ORAS MORGAN, QUIRE Attorney ID No. 60068 :..nom..: .~~.• ;., __ ~; ,.~ ~. ~=~ ~ , ;, T -. `. <;,._ •- - ~' -.a _~ ~~ ~~ -- .. R/~ ". .... .. .~A'?a19~A-' ~[. PN'NR. A.a'A~', {.~raJ .a .: ... _ _:I~Mmx. _+fi JF'-~C-_J HfA 4§"°>'N"fF~iP.~ ... MATTLEMAN, VVEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney I.D. No.: 46450 Land Title Building -Suite 2226 Broad & Chestnut Streets Philadelphia, PA 1-9110 (215) 923-2225 Attorneys for Plaintiff File No.: 948.57387 UNION PLANTERS BANK, NA COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. NO.: 2001-5079 MARK N. KAVISH and LISA A. KAVISH Defendants PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Default Judgment in favor of Plaintiff, Union Planters Bank N.A., and against Defendants, Mark N. Kauish and Lisa A. Kauish, for failure to Answer the Complaint in Civil Action Mortgage Foreclosure. Service was completed on Defendants Mark N. Kavish and Lisa A. Kauish on 4/10/02, via Cambria County Sheriff. Assess Damages as follows: Principal Balance Interest to 5/31103 Escrow Advances: MIP Insurance Taxes Late Charges: Corporate Advances: Foreclosure Bankruptcy Property Preservation TOTAL AMOUNT OF JUDGMENT $ 66,631.42 $ 10,198.14 $ 242.91 $ 707.00 $ 2,263.90 $ 432.62 $ 945.50 $ 750.00 $ 598.00 $ 83,019.99 & MILLER C. MILLER, III, ESQUIRE ORNEY I.D. NO.: 46450 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary TO: MARK N. KAVISH and L15A A. KAVISH UNION PLANTERS BANK, NA COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. MARK N. KAVISH and LISA A. KAVISH Defendants NO.: 01-5079 NOTICE PURSUANT TO RULE 236 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you n the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTION CONCERNING THIS NOTICE, PLEASE CALL: JOHN C. MILLER, III, ESQUIRE #46450 MATTLEMAN, WEINROTH & MILLER (215)923-2225 948.57387 MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney I.D. No.: 46450 Land Title Building -Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215)923-2225 Attorneys for Plaintiff File No.: 948.57387 UNION PLANTERS BANK, NA Plaintiff vs. MARK N. KAVISH and LISA A. KAVISH Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 01-5079 AFFIDAVIT OF ADDRESS COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, John C. Miller, III, Esquire, being duly sworn according to law, upon my oath, depose and say: 1. I certify that the Plaintiffls address is 7130 Goodlett Farms Parkway, Cordova, TN 38018. 2. I certify that the Defendant's address is as follows: 22 East Simpson Street, Mechanicsburg, PA 17055. 3. I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Sworn and Subscribed to before me this f lc~ day of ~~ , 2003.: G~j JUDITH ANN HITCRNER A NOTARY PUBLIC OF NENI'JERSEY MY COMMISSION EXPIRES 6/25/2006 MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney LU. No.: 46450 Land Title Building -Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215)923-2225 Attorneys for Plaintiff UNION PLANTERS BANK NA File No.: 948.57387 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. MARK N. KAVISH and LISA A. KAVISH Defendants NO.: 01-5079 AFFIDAVIT OFNON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, John C. Miller, III, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: 1. That the Defendants are not in the Military Services of the United States of America or any other Country within the provision of the Soldiers' and Sailors' Civil Relief Act of Congress, as amended; and 2. That the Defendant(s) are at least 21 years of age and reside at 22 East Simpson Street, Mechanicsburg, PA 17055. The Affiant has ascertained the foregoing information by personal inquiry and knowledge and makes this Affidavit with the authority. Sworn and Subscribed to before.me this I !off day of .W1'1 , 2003. ', 10DI7HANNHI7CHNER A NOTARY PUBLIC OF NEW JERSEY MY COMMISSION ERPIRES 6/25/2006 "~ MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney I.D. No.: 46450 Land Title Building -Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff UNION PLANTERS BANK, N.A. File No.: 948.57387 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. MARK N. KAVISH and LISA A. KAVISH Defendants NO.: 01-5079 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, John C. Miller, III, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: 1. I am a member of the firm of Mattleman, Weinroth & Miller, attorneys for Plaintiff in the above entitled cause of action. 2. Notice, Rule 237.1 was forwarded to the Defendant(s), place of residence by regular mail on 5/8/2003 and has not been returned to this office, therefore it is assumed that same has been delivered to Defendants. Sworn and Subscribed to before me this 4`~ day of`~~ 2003. `~ JUDITH ANN HITCHNER A NOTARY PUBLIC Of NEW JERSEY MY COMMISSION EXPIRES 6/25/2006 ~, _.. n ~' OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: Mark N. Kavish Lisa A. Kavish 22 East Simpson Ferry Road 22 East Simpson Ferry Road Mechanicsburg, PA 17055 Mechanicsburg, PA 17055 Date of Notice: May 8, 2003 UNION PLANTERS BANK, N.A. Plaintiff vs. MARK N. KAVISH and LISA A. KAVISH Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 2001-5079 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association Legal Referral 2 Liberty Avenue Carlisle, PA 17013 ~, FAIR DEBT 717/249-3166 tE4~~9N PRACTICES ACT. TNtS MMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TC COLLECT A DEBT AND ANY INFORMATIOrd OBTAINED WILL BE USED FOR THAT. PllRPOSE. 948/57387 Mattleman, Weinroth & Miller Land Title Building -Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215 923-2225 n ,b`haron Oras Morgan, Esquire #60 ,~,~ ~~ 11 ~. {Iw. W ~ ~.U <\ 1 (((y~~-J1}~1 V v 1 c' ~ a -~, -, n;~,, ~~ r_.31 -_ = -, ~.,~ i C?.--~,: tai }? K_h ~ ~~' ~~ ul ~ j : ~ -~ ~ ~l ~ -°G; I ~~ l~4t9 ~ '~ SIt.L. . _ . . ,~~ v„6 yy{y 5p5p p~yp~yy~{gy ¢qy¢~ e ~;r1 ~~ ~ ~ 6r 1'wi n d ~ ~ s 4 / , //pppp y'y ~y Yp ¢y }y j MM} t ..a G ~ ~~ ~E~J~'§ v '~ ~ _. o,_ _-.. ~:~€- c-~ .. ,,rUa~a w .'tva~~~~o--r~»--n:~~r .,wav.z~5ar~wt~~A9$ SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05079 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ON PLANTERS BANK NA VS KAVISH MARK N ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT KAVISH LISA A but was unable to locate Her deputized the sheriff of CAMBRIA serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On April 10th 2002 this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing Out of County Surcharge .00 16.00 04/10/2002 MATTLEMAN WEINROTH MILLER So answer ~' 6.00 .00 10.00 R. Thomas Kline .00 Sheriff of Cumberland County Sworn and subscribed to before me this /(, ~ day of ~.~U ~ A . D . l_~.. m Q. ~1.t,1Fi. ~'y Prothono't ~ to wit: in his bailiwick. He therefore SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05079 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNION PLANTERS BANK NA VS KAVISH MARK N ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: KAVISH MARK N but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of CAMBRIA County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On April 10th 2002 this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: So answer. . ~~ ~ _ -- Docketing 18.00 ~ ~" i Out of County 9.00 ,. / i Surcharge 10.00 Thomas Kline Dep Cambria County 78.75 Sheriff of Cumberland County nn 1 1 J • / J 04/10/2002 MATTLEMAN WEINROTH MILLER Sworn and subscribed to before me this /G °% day of °2avZ A.D. n y% D Prothonotdr ,. In The Court of Common fleas of Cumberland County, Pennsylvaxiia Union Planters Bank VS. Mark N. Kavish et al SERVE: same NOW, October 17, 2001 No. O1 5079 civil I, SHERIFF OF CT_TMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the. Plaintiff. ,~ ~ Sheriff of Cumherland County, PA Affidavit of Service Now, ~(~/ ~(p , 20~_, at ~ ~J o'clock ~ M. served the within I '.IZ,O//A.es(~(~ l/l m7 ~i 1Z~1- upon ~f{-~ knn ^^ /tl . /"1 i410 /! S ~1 / at (/f~/l1 ~rlf~ ~J ~ ~Yt~~~~~T JJP~J~. ~~iP_/IS~7LtcC~ ~~. by handang to {~ //1'1 ~ Q~'SU//.4 ~/of a T~ it.P f ~T ~ f ~ ~ copy of the original (!()/12p~/~tC~ and made known to ~ i m the contents thereof. So answers, ~,.1 ~~~ ~CJ /1 ~ Sheriff of County, PA Sworn and subscribed before me this • day of Nr~ J , 20 O l CosTS ~/S 7~ SERVICE MILEAGE AFFIDAVIT-~- '~~ ~c~ ~n 'Tl~e ~~urt ~f C~~~~ Plus ®f ~uanberland ~~n, P~nnsyl~~riia Union Planters Bank VS. Mark N. Kavish et al SERE. Lisa A. Kavish NOW, __October 17, .2001 hereby deputize the Sheriff of deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this ~ ~~ Sheriff of Cumberland County, PA ~~fad~vit of Scrvicc Now, /Vp1(. l fo 20~, at %~~ Tyo'clock ~ M. served the n Within upon at by hailding to ~-~ ~{ 1~ • T1 A'l)i S h a ~">`uk- -1- .A-1 TES ~-P ~ copy of the original (~Di`Yt.,,~J~(,_~/~ n2~rz~ ~/, T and made known to ~ ~/m the contents thereof. So answers, ~~~ 'C,~-n~/~n13 Swo and subscribedb~fore me . 's o'l day f /GtGC . , 20 d Q ~ ~~~~ ~~ Np O1 5079 civil I, SHERIFF OF CUMBERLAND COUNTY, PA, do Cambria ~A ~~'s ~ Sheriff of County, PA cosTS t7S'7s SERVICE $ IvIILEAGE AFFIDAVIT ~ • OC) 7 ~. 7~ , ~~ 7fit'MAK. 17. LUUZ4 i:79YM Sob Kolar Sltrr;ff NIHIILtMAN Wt1NKUlt1 ~ m~ ~ M1LLtK i.~~.. . ,• c-. --~ ~l;Jiawa• Ltl 11~J: G:J1~L'1'L,CX '~6ensbur9, ~lcnttstil6aaia 1931. (814) 47~-1691 ' ACCEP'T'ANCE OF SERVICE esla IVU, ib4i1 Y, jel~el Suzann Lehmier Solicitor Plo. of-sG79 ~CG.K~~.~o.'t ~oz~>'•~~) I ACCEPT SERVICE OF THEC'T • ~~~ I~lr~ --- sr• ~ r~ ~~..r~„s ~t ~ ~~ ns.. (ON BII3ALF OF ~~ ,, t~l . I~~„ t-~ ~ ~ ..,.,._ AND CER'f1FY'IgIA'C I AM AUTIiOR~~ TO DO SO) Dsf~ettdastt or A,abctzea Agent /.~ ~~ ;~,~ Sr ~y0 ~;~ CND ~~ ir~~a Ma~7img Address ~ ~~ ,rr DRi~Y'a Sigoatuee Date ~ A~~ ., '. ., :; TOTRL P.01 MATTLEMAN, WEINROTH & MILLER BY: SHARON GRAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215)923-2225 UNION PLANTERS BANK, N.A. COURT OF COMMON PLEAS 7130 GOODLETT FARMS PARKWAY CUMBERLAND COUNTY CORDOVA, TN 38018 Plaintiff MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 CIVIL. ACTION MORTGAGE FORECLOSURE COMPLAINT AND LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant(s) !n ~'esfintony whereof, !here unto set my hand and fhe sea! of said Cou t Carlasle, Pa. 7hi day rathonofary ~,E~. ~, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 judgement maybe 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 BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 717 249 3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT m*x~*~*m~~**~~~**:x**~*m~sx~**~~~*x~~x*~axx*~~*~z~ss~**~~m*~x~~a:~~~~xs~*~~~x~ I. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. Tf you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215)923-2225 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT AND LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT 1. Union Planters Bank, N. A. (hereinafter referred to as "Plaintiff ') is a mortgage corporation, conducting business under the laws of the Commonwealth of Pennsylvania and brings this action to foreclose in the Mortgage executed between-Mark N. Kavish and Lisa A. Kavish, mortgagors hereinafter referred to as "Defendants" and GMAC Mortgage Corporation of PA. Said Mortgage is dated April 24, 1992 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County, Pennsylvania on Apri129, 1992 in Mortgage Book 1063, page 531. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit ,: «A„ 2. Said Mortgage was subsequently assigned as follows: a. to Leader Federal Bank for Savings, recorded on August 8, 1994 in Book 480, page 584. Plaintiff is proper party by way of an Assignment to be recorded. 3. The Mortgage secures Defendants' Note dated Apri124, 1992 in the amount of $76,600.00 payable to Plaintiff in monthly installments with an interest rate of 7.500%. A copy of the Note is attached hereto and made a part hereof as Exhibit "B" 4. The land subject to the mortgage is: 22 East Simpson Ferry Road, Mechanicsburg, PA 17055. A copy of the legal description is attached hereto and incorporated by reference. 6. The Defendant(s), Mark and Lisa Kavish are the Real Owners of the land subject to the mortgage. The Defendant(s) mailing address is 22 East Simpson Ferry Road, Mechanicsburg, PA 17055. 7. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. The following amounts aze due: Principal Balance $ 66,631.42 Interest Calculated to August 17, 2001 $ 1,870.05 Attorney Fees $ 3331.57 Total $ 71,833.04 plus interest from 08/18/01 at $13.65 per day, costs of suit and attorney fees. The Defendants have not cured the default. ,:~. W~REFORE, Plaintiff requests the court enter Judgment in Mortgage Foreclosure for the sale of the mortgage property in Plaintiff's favor and against the Defendants, in the sum of $71,833.04 together with interest from 08/18/01 at $13.65 per day, costs of suit and attorney fees. MATTLEMAN, WEINROTII & MILLER BY: A Sharon Oras Morgan, s e #60068 948/57387 EXHIBIT "A" ~. - item 4rf Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the caul to you. ^ Attach this card to the back of the mailplece, or on the front if space permfts. 1. Article Addressed to: FORD MOTOR CREDIT COMPANY &OX 3076 COLUMBIA, MD 21045-6076 A. - R- - "ivetl --///(/P/l/{e~ase Print Ckerly) I B: Date of Detl c. SI9DrJ~vV!"v X ^ Agem ^ Addre D. Is delivery address ditferent from item ~? ^ Yes ff YES, enter delivery address below: ^ No 3. Service Type= ,..,,^ ~'~. P~ cenmed ~~F ~ ^ Registe_ ~~ ^ ~~iS`R for March ^ Insured, ,DWI II ~ ^ CJ,D. A. Restricted ~ f ") ? ~.Ves' 2. Article Number (Copy /rom service labep `.~ / ~~. 709,9.3400 Q0~1 4129 644 ~. C ~ t~ , 'G ~ rri r~, . G :T -9~- _ v~=- e. r" J c' ~, =< ~: t,- ~ _,_.....__.__ ...., .......... ,~......,~ .m.~...~...:~.~.. .._. .,._...~,.,.~,.~.....,...,._._...r_ .., ( ~ ~% ~` k ~; .~..,. :: iiC;ORC~U-QFfICE 9:' il~~i .J:.vUliDl. '. GF ULLt~'S '~^ fiP(~ 2~ P~1 2 06 [Space Above Tbis Line For Recording Dalal ~~ I .~~~~'{~ LOAN NO 1-5 7 844 0-2 2 FHA Case No. Comroonweallh of Pennsylvania MORTGAGE 441-440543-0 729 THIS MORTGAGE ("Security-Instrument") is given on APRIL ~ y , 1997_ The Mortgagor is MARK N. KAVISH whose address is 22 EAST SIMPSON STREET MECHANICSEURG , PA 17055 / ~Tn~~y~ -oa ("Borrower"). This Security Instrument is given to GMAC MORTGAGE CORPORATION OF PA which is organized and existing under the laws of PENNSYLVANIA ,and whose address is 8360 OLD YORK ROAD ELKINS PARK, PA 19117-1590 ("Lender"). Borrower owes Lender the principal sum of SEVENTY-S LX THOUSAND SIX HUNDRED ANll 00/100 *************'tie~k9r~exetxx+YeY~t~t~Y~Y-.r*~Yir***xx~'tdrieo4x Dollars (U.S. $ 76r600.00 ). 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 MAY O1, 2022 .This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, acid all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 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 [o Lender the following described property located in CUMBERLAND County, Pennsylvania: ACCORDING TO SCHEDULE "A" ATTACHED HERETO AND MADE APART HEREOF which has the address of 22 EAST SIMPS ON STREET MECHANICSBURG n [Street, ciry], Pennsylvania 17055 IztP Codel, ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gad rights and profits, water rights and stock and all fixturbs now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of [he foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. I. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payments of Taxes, Insurance and Olher Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, an installment of any (a) taxes and special assessments levied or to be levied against t)te Property, (b) leasehold payments or ground rents on'the Properly, and (c) premiums for insurance required by paragraph 4. . ~„~ .. _ .: ~ k' .. ...,_,_ ... _. _ S u:..... .,..._._. _. .__...__.. ._._. ... ~ _:,:.~:.. ._.,... .. Each monthly installment for items (a), (b), and (c) shall equal one-twelfth of the annual amounts, as reasonably estimated by Lender, plus an amount sufficient [o maintain an additional balance of not mbre teen c~ne-sixth of the estimated amounts. The full annual amount for each item shall be accumulated by Lender within a'period ending one month before an item would become delinquent. Lender shall hold the amounts collected in trust to pays terns (a), (b), and (c) before they become delinquent. If at any time the total of the payments held by Lender for items (a); (b), and (cl, together with the future monthly payments for such items payable to Lender prior to the due dates of such items, exceeds by more than one-sixth the estimated amount of payments required to pay such items when due, and if payments on the Note arc current, then Lender shall either refund the excess over one-sixth of [he estimated payments or credit [he excess over one-sixth of rite estimated payments to subsequent payments by Borrower, at the option of Borrower. If the total of the payments made by Borrower for item (a), (b), or (c) i.s insufficient to pay the item when due, then Borrower shalt pay to Lender any amount necessary to make up the deficiency on or before the date the item becomes due. As used in this Security Instrument, "Secretary" means the Secretary of Housing and Urban L)evelopment or his or her designee. In any year in which the tender must pay a mortgage insurance premium to the Secretary, each monthly payment shall also include either: (i) an installment of the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premimn if this Security Instrument is held by the.Secretary. Each monthly installment of the mortgage insurance premium shall be in an amount sufficient to accumulate the.full annual mortgage insurance premium with Lender one month prior to the date the full annual mortgage insurance premium is due to the Secretary, or if this Security Instrument is held by the Secretary, each monthly charge shall be in an amount equal to one-twelfth of one-half percent of the outstanding principal balance due on the Note. If Borrower tenders [o Lender the full payment of all runts secured by this Security Instrument, Borrower's account shall be credited with the balance remaining for all installments for items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: Firs[, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, Flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of rite Note; Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insurC all improvements ott the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss iF not made promptly by Borrower. F,ach insurance company concerned is hereby authorized and directed to ma~e payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All of any part of the insurance roceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Nate and this Security Instrument, first to any delinquent amounts applied in the. order in Paragraph 3, and then to prepayment oaf principal, or (b) to the restoration or repair of the damaged property. Any application of the proceeds to the principal shall not extend or postpone [he due date of Lhe monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, 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 con~inue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless [he Secretary determines this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property [o deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant 'or abandoned Property. Borrower shall also be in default if Borrower, during [he 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 the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. n 6. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay a6 governmental or municipal charges, fines and impositions that ate not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish tq~ Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other 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, For condemnation or to enforce laws or regulations), then Lendermay do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. 7. 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 the Property, or for conveyance in place of condemnation, are hereby assigned and shall 6e paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. ~ ~ Any application of the proceeds to the principal shall not extend or postponq,phecj y)ia[e of th'e monthly payments, which are-referred to in Paragraph 2, or change the amount of such payments. Arrp ~x~6~s.prure/ds.o~3'„an amount required [o pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. g. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lendermay, except as limited by regulations issued by [Ire Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior [o or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or decent) by the Borrower, and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy [he Property, but his or her credit bas not been approved to accordance with the requirements of the Secretary. (e) Na Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, l..ender does no[ waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights in the case of payment defaults to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acdeleration or foreclosure if not permitted by regulations bf the Secretary. (e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the No[e secured thereby not be eligible for insurance under the National Housing Act within sixty (60) days from the date hereof; Lender may, at its option and notwithstanding anything in Paragraph 9, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to sixty (60) days from the date hereof, declining to insure this Security Instrument and the Note secured thereby, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amprount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. Tolreinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the (oreclosure proceeding. Upon reinstatement by Borrower, this Security Instntment and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required [o permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect [he priority of the lien created by this Security Instrument. l 1. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of ' ayment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any success r to interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. L nder shall not be required to commence proceedings against any successor in interest or refuse4o extend time For payment or otherwise modify amortization of the sums secured by this Security Instntment 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 Bottnd; Joint and Several Liability; Co-Signers. The 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 9.b. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this 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 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. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering i[ or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed [o 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 address Lendet 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. 14..Croverning Law; Severability. This Security Instrument shall he governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the No[e 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 the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. 16. Assignment of Rents. Borrower unconditionally assigns and transfers [o Lender all the rents and revenues of the Property. Borrower abthorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender~or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee fbr the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will no[ perform any ac[ that would prevent Lender from exercising its rights under this paragraph 16. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach [o Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any defartlt or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. sooK1063 Fate 5;33 a~ ,~ r~ t ~.~.o ---..~ . Loan No L-578440-22 17. Foreclosure.Procedure. If Lender requires immediate payment in full under paragraph 9, Lender 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 17, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 18. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 19. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, ~1evy and sale, and homestead- exemption. 20. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 21. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 22. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Rldera to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such cider shalt be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were in a part of this Security Instrument. [Check applicable box(es)] ^ Condominium Rider ~ Adjustable Rate Rider Q Growing Equity Rider [~ Planned Unit Development Rider ~ Graduated Payment Rider ~ Other (specify) BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ~~... COMMONWEALTH OF PENNSYLVANIA, _11~~~r-/r~- ~~-~ (Seal) MARK N. KAVISH -Borrower (mil) -Borrower Page 4 of 4 DAUPHIN On this, the J v'~ day of APRIL personall}~ appeared MARK N. KAVISH - (~) -Borrower - (S~) -Borrower County ss: 1992 ,before me, the undersigned officer, known to me (or satisfactorily proven) to be the person(s) whose name(s) I S subscribed to the within instrument and acknowledged that HE executed the same for the purposes herein contained. [N WITNESS WHEREOF, [hereunto set my hand and official seal. i ......... Maro 5. SNmdh, oW ry PuF:Oc ftarrislwrg, Dauphin Ccunty MyCanrnissbn Expires May?_1,194 ember, Penns arils Asaoa, t`lelere> CERTIFICATE OF RESIDENCE I, certify that the correct address of the within-named lender is ~~~.,, ~~ ~' ~ '` a ~ . d. •, j~ •r 1. ~ ~~ i% ~~Y K,~t~;. ,~,,~;, ••~,I, }~ dd`'"" Hereby 8360 OLD YORK ROAD, ELKINS PARKr PA 19117-1590 witness my hand this a(P,... day of APRIL 1992 - ,.,.,,, ..r r ~..,,... G`2~.--~--_._..._._. BOl)K1.UEi3 PAGE Ji~~„ . ... „? LOAN ~k: 1-578440-22 FHA Case No. 441-440543-0 729 ADJUSTABLE RATE RIDER THIS. ADJUSTABLE RATE RIDER is made this °~ Nr- day of APRIL , 1992 and is incorporated into and shall be deemed to amend-and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") to GMAC MORTGAGE CORPORATION OF PA (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 22 EAST SIMPSON STREET , MECNANICSBURG , PA 17055 (Property Address) THH NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANCE AT ANY ONE TZME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENAN'1aS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: 1. INTER$ST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of JULY 19 93 and on that day of each succeeding year.'~;~Change Date" means each date on which-the interest Yate could change. ~`~~ (B) The Index f Beginning with the first Change Date, the interest rate wcill be based on an Index. "Index" means the weekly average yield on Ufiited States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph 7(B) of the Note). Lender will give Borrower notice of the new Index. (C) Calculation of. Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a marginlof TWO AND 50/100 percentage points ( 2.500 %) to the Current Index and rounding the, sum to the nearest one-eighth of one percentage point (0.125X). Subject to the limits stated in Paragraph 5(D) of the Note, this rounded amount will be the new interest rate until the next Change. Date. (D) Limits on Interest Rate Changes The interest rate will never increase or decrease by more than one percentage point (1.0X) on any single Change Date. The interest rate will never be more than five percentage points (5.0X) higher or lower than the initial interest rate stated in Paragraph 2 of the Note. (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to. repay the unpaid principal balance in full at the maturity date at the new interest rate through substantially equal payments, In making such calculation, Lender will u$e the unpaid principal balance which would be owed on the Change Date if there, had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest, FHA MULTISTATE ADJUSTABLE RATE RIDER 2/91 FMU-ARM-R '1/2 Rev, 4/91 Page 1 of 2 eooKi0ES3 FncE J~J .:: -> . ; •. ';y (F) Not},ce of Changes ~ Lender will give notice to,Borrower of any change in the interest rate and monthly payment amount. The notice must be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Eff et3ve Date of Changes A new in~erest rate calculated in accordance with Paragraphs 5(C) and 5(D) of the Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of the Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of the Note for any payment date occurring less than 25 days attar Lender has given Che required notice. If the monthly payment amount calculated in accordance with paragraph 5(E) of the Note decreased, but Lender failed to give Yimely i7otige'of the decrease and Borrower made any monthly payment amount exceeding :the payment amounts which should have been stated in a timely notice, then Borr6wer has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest`,rate which should have been stated in a timely notice), or (ii) request that Shy. excess'payment, with interest thereon at the Note rate, be applied as payment cjf:priici,pal. Lender's obligation to return any excess payment with interest on demand is not assignable even if the Note is otherwise assigned before the demand for return is made. BY SIGNING BELGW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. ~..., h,<v. •. I ~~~~~~_ ~~~.tAf.Q,.~ (SEAL)- MARK N. KAVISH BorroweY i;r ~ >rtxr .yivania SS ~,:. ;rr,berland ~ . ,' <:~. ;r~~~=,' in ! ot'fice for tYie r g of peels I ~~...==•r1 ,+~ra Cr,~ rerl . ounty, Pa. ~ i„ .:_ ..... ?;;,,rN. Pape ___ ,~"+;~~;r.: rr! nd and se.^ f office of ' ~ +';.:r4i~~„ ,~ this . dct f _ 1 t3--- tlecordor FHA MULTISTATE ADJUSTABLE RATE RIDER 2/91 FMU-ARM-R '2/2 Rev. 4/91 ~ooit 10F;3 F'ncE ,,,3R (SEAL) Borrower (SEAL) Borrower (SEAL) Borrower Page 2 of 2 .r. ~; PENNSYLVANIA ,/ ~ - COUNTY CUMBERLAND BOROUGH MECHANICSBURG LOAN N0. 220229462 ~ ~~~~a / R u it E R 7 '', Z I E G L E R POOL N0. 814498 V/ RECORDER OF DEEDS ASSIGNMENT OF MORTGABERIANU COUNTY-PA rnu nu,• nn KNOW ALL MEN BV TNESE PRESENTS, that located at 8360 OLD YORK ROAD, ELKIN~ PARK, PA 19117 hereinafter referred to as Assignor, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money of the United States of America, together with other good and valuable consideration, to it in hand paid by DEADER en c• wn~ w ernrn w,rv ruworcncn ca~nnrr_c BANK located at +~Q aee^~SON AVENUE MEMPHIS, TN ?810? hereinafter referred to as Assignee, at or before the delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold, assigned, transferred, conveyed and set over unto said Assignee, its successors and assigns, all of its right, title and interest in and to that certain Mortgage dated the 2arh day of _ APRIL 1992 made and executed by MARK N KAVISH ,Mortgagor, to GMAG MORTGAGE CORPORATION OF PA Mortgagee, covering premises situated in the County of ,Commonwealth of Pennsylvania, more particularly described therein and commonly known as: BOROUGH OF MECHANlCSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 Said Mortgage was duly recorded on the 29th day of ApR-L 19 ~~ in the office of the Register, Clerk of Recorder of Deeds of CUMBERLAND County, in Book 1063 at Page 5Z1 ' or Document No. or with Pin 1 1T-23-0565-065 of the Official Records of said Register, Clerk of Recorder of Deeds; together with that certain Note of even date and secured thereby in the principal amount Of SFVFNiV.CIx tHO11CAND CIY HIINDREO and NOl10a..... ($ 76,&00.00 )made and executed by mortgagor and payable to the order of the aforementioned Mortgage. TO HAVE AND TO HOLD the same unto said Assignee, its successors and assigns to its and their proper use and benefit forever. IN WITNESS WHEREOF, the said has caused these presents to be duly executed by its proper officer this 19th day of but made effective NOVEMBER 1.1993 BV ASSI5TANT SECRETARY STATE OF _ MARYLAND On this, the 19th day of AUGUST undersigned Officer personally appeared who acknowledged themselves to be the d Aft 10.41 o~°~~ VE • ~•~ R'°D~~~''~. .~ Q, , • . ~°•~ . q~0 ~'~.~ ": GMAC MORTGAGE CORPORATION OF PA 'r:' G .-...y(A"sCOLONIAL MORTGAGE SERVICE COMPANY qq z_ o: •~ = ~/ / .LAC-ei d'1 ~ ?r..,,~ s:••;°FN 1968 ~p;~>,9~IEHEBB ' :,,~v~•.NSrtvaN, • a , VICE PRESIDENT ,, ,, "~~"'~nn,nuH'"" COUNTY OF FREDERICK before me, JANE EYLER ,the 3 and CARL GERSTENBERG 'ENT and ASSISTANT SECRETARY of and that as such MAE HEBB and CARL GERSTENBERG so, executed the foregoing instr ment for the purposes therein contained by signi themselves as VICE PRESIDENT and ASSISTANT SECRET In witness whereof, I hereto set my hand and official seal: JANE E E COMM/SS/ON'ElC .02117/97) Notary Publi ~. ------- --------------------------------------- The assignor hereby certifies:' LEADER FEDERAL BANK FOR SAVINGS being authorized to do the name of the corporation by Y ~,:; . ..,.:.p •.' NOTARY ~~.. PUBLIC ,' ASSIGNMENT OF MORTGAGE ~~~,•,•,•, BETWEEN: GMAC MORTGAGE CORPORATION OF PA Precise residence is: 158 MADISON AVENUE, AND LEADER FEDERAL BANK FOR SAVINGS MEMPHIS, TN 38103 TCl-Y/f'Yl M-~~ V-CL: PRF,RIDENT °. MAIL T0: ONTRAK ASSIGNMENT SERVICE P.O. BOX 3829 FREDERICK, MD. 21705-3$29 Vy. rA s. /ENNSYLVANIA ~~ ~ ' COUNTY CUMBERLAND BORO H MECHANICSBURG LOAN N0. 220229462 ry ~ /Tt~~~/~ / f POOL N0. 814498 XU `7 (/ C/ (~/' ASSIGNMENT OF MORTGAGE i KNOW ALL MEN BY THESE PRESENTS, that LEADER FEDERAL HANK FOR SAVINGS A F „ y/`unnrcpFD CAVIN(`C SANK located at +ro ••An~cn~i Avenr~ MEMPHI$~rnr ani03 hereinafter referred to as Assignor, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money of the United States of America, together with other good and valuable consideration, to it in hand paid by ..nnrw.n~ •nenn,nn n~ A Iuun„v nwuen ~nonnenrc INSTRlINIFNTdI ITV OF _ THE tlNITED STAi~C - located at ~~+ TTLI CTOCCT C W, ROOM 6100 urASHINGTON (1 r•` ~nd1n_gnnn hereinafter referred to as Assignee, at or before the delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold, assigned, transferred, conveyed and set over unto said Assignee, its successors and assigns, all of its right, title and interest in and to that certain Mortgage dated the 2Arn day of APRIL , ~~_ made and executed by MARK N KAVISH ,Mortgagor, to GMAC MORTGAGE CORPORATION OF PA Mortgagee, covering premises situated iri the County of [`TIMBERLAND ,Commonwealth of Pennsylvania, more particularly described therein and commonly known as: BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 Said Mortgage was duly recorded on the ~_ day of APRIL 19 ~~_ in the office of the Register, Clerk of Recorder of Deeds of CIIMRFRLAND County, in Book 1063 at Page 531 or Document No. or with Pin f 17.23-065-065 of the Official Records of said Register, Clerk of Recorder of Deeds; together with that certain Note of even date and' secured thereby in the principal amount of eevcurv.e,v runuCAND SIX NIINDRFD AnA NOIf00-.... ($ 76,600.00 )made and executed by mortgagor and payable to the order of the aforementioned Mortgage. TO HAVE AND TO HOLD the same unto said Assignee, its successors and assigns to its and their proper use and benefit forever. IN WITNESS WHEREOF, the said has caused these presents to be duly executed by its proper officer this ylt~ day of but made effective NOVEMBER 1,1993 / , *~"~ ~ ER Ds~=+~~SANR FOR SAVINGS //'~y~ ,~ ~~'~~ y ltirs~"' a I T ONN E S E OUSE ROBERT B. ADAMS ASSISTANT VICE PRESIDENT VICE PRESIDENT STATE OF TENNESSEE On this, the day of undersigned officer personally appealred who acknowledged themselves to be the ~ and that as such ROBERT B. ADAMS so, executed the foregoing instrument for themselves as VICE PRESIDENT In witness whereof, I hereto set my hand Notary PubMic COUNTY OF SHELBY before me, MARY WHEELER ,the ' B. ADAMS and BONNIE STENHOUSE (DENT and ASSISTANT VICE PRESIDENT Of ~ren~•y_ ~ -. HOUSE ,being authorized to do by signing the name of. the corporation by OGFCInFIUr I~ v,rv,. p, 11 ~ OOUNrY'tE~ ------------------------------------------------- The assignor hereby certifies: ASSIGNMENT OF MORTGAGE GOVEANMENTNAT/ONALMORTGAGEASSOCIAT/ON BETWEEN: LEADERFEDERALiBANKFORSAVINGS Precise residence is: 4517THSTREEiSW. ROOM AND GOVERNMENT NATIONALMOATGAGEASSOCIATION 6100, WASHINGTON, D.C. 20410.9000 ' MAIL T0: LEADER FEDERAL BANK FOR SAVINGS 158 MADISON AVENUE ROBERT B. ADAMS MEMPHIS, TN 38103 :._.. vrrc oaccrnFMr EXIIIBIT "B" a MULTISTATE APRIL 1. PARTIES. '~ ' ~v 1992 FHA Case No. 441-440543-0 `7&9. LOAN N0. 1-578440-22 ,;24.303 22,EAST SLMPSON S'~REST , MECHANICSBURG , PA 17055 (Property Address) "Borrower" means each person signing at the time of this Note, and the person's successors and assigns. "Lender" means GMAC~MORTGAGE CORPORATION OF PA -~ and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In retuYn for a loan received from Lender, Borrower promises to pay the principal. sum of SEVENTY-SIX THOUSAND SIX HUNDRED AND 00/100 ~`*~~**~YUit>Y4r4e~kie k~YxxFk~icnYx~Y>Y~Y~YsYit Dollars (U.S. $ 76,600.00 ), plus interest, to the order of~Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at a rate ofSEVEN AND 50/100 percent ( 7.500 %) per year. The Interest rate may change in accordance with Paragraph 5(C) of this Note. 3. PROMISE TO PAY .SECURED ' Borrower's promise to pay is'secured by_a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument, protects the Lender from losses which might result if borrower defaults under this Note. ~ 4. MANNER OF PAYMENT (A) Time- Borrower shall make. a, payment of principal and interest to Lender on the first day of each month beginning on JUNE O1' ; 1992 Any principal and interest remaining on the first day of 14AY 2022 ,will be due on that date, which is called the maturity date. ' (B) Place Payment shill be made at 8360 OLD YORK ROAD ELItIN~u PARK, PA 19117-1590 or at such other place as 'Lender may designate in writing by notice to Borrower. (C) Amount Initially, each monthly payment of principal and interest will be in the amount of $ 535.60 This amount will be ~paxt of a larger monthly payment required by the Security Instrument that shall be applied .to principal, interest and other items in,_the order describeii~in the Security Instrument. This amount may change in accordance with Paragraph 5(E) of this Note. 5. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of JULY 1993 and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change,. (B) The Index. Beginning with the first Change Date, ,the interest rate will be based on an Index. "Index" means -the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as definecl~abbbe) is no longer available, Lender will use as a new Index any index prescribed'by the .Secretary (as defined in Paragraph 7(B)). Lender will give Borrower notice of tlie~new Index. FHA MULTISTATE ADJUSTABLE RATS NOTE x/91' " FMU-ARM-N 1/3 Rev.4/91 Page 1 of 3 ~~~ w: ~, i.. i ..:. . .. (C) Calculation of interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of TWO AND 50/100 percentage points ( 2.500 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0.125X). Subject to the limits stated in Paragraph 5(D) of this Note, this rounded amount will be the new interest rate until the next Change-Date. (D) Limits on Interest Rate Changes The intere~t rate will never increase or decrease by more than one percentage point (1.0%) on any single Change Date. The interest rate will never be more than five percentage points (5.0%) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. (E) Calculation of Payment Change If the interest rate changes on a Change-Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the maturity date at the new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest. (F) Notice of Changes Lender will give notice to Borrower of any change in ,the interest rate and monthly payment amount. The notice must be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be Yequired by law from time to time. (G) Effective Date of Changes A new interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Borrower shall have no obligation. to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of thhis Note for any payment data occurring less than 25 days after Lender has given theirequired notice. If the monthly payment amount calculated in accordance with paragraph 5(E) of this Note decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice) or (ii) request that any excess payment, with interest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest on demand is not assignable even if this Note is otherwise assigned before the demand for return is made. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. 7. BURROWER FAILURE TO PAY (A) Late Charge for Overdue Payments i; If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of percent (4.00 X) of the overdue amount of each payment. (B) Default ~ ~ If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" .,means the Secretary of Housing and Urban development or his or her designee. FHA MULTISTATE ADJUSTABLE RATE NOTE 2/91: FMU-ARM-N 2/3 Red. 4/91 Page 2 of 3 T~'G . •. ~l ' ' ,, . -..rr.....-n,,.-.:_n.....+e_.r-~r.Ni:NU' J.LO.L:y....... _ ....._.. ' y .:.; ..,,a,. yea. ~.,.. p„,n • .. LOAN 41t4RY!`~1+?~,S;~~r#l~'~at'~flAO~~' ~rr~ihJ (C) Payment of Costs and Expenses ,,~ If Lender has required immediate payment in full, as descried abodtiq,,, FLT de~~`may, *4- require Borrower to pay costs and expenses including reaso>~tair~eel+K+gni)i:cust3Yd`Q"'fy~;~.^^• attorney's fees for enforcing this Note. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note• 8. WAIVERS ,. , Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice: to other persons. that amounts due have not been paid. ' 9. GIVING OF NOTICES, Unless applicable law requires a different method, any notice that must be, given to Borrower under this Note will be given by delivering it or by mailing it by'first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address, if Borrower is given a notice of that different address. 10. OBLIGATION OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING .BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. ' ~~O''Z/.i~~~ (SEAL) MA~EK N. KAVISII Bortwer __---- G" FHA MULTISTATE ADJUSTABLE RATE NOTE 2/91 FMU-ARM-N 3/3 Rev. 4/91 (SEAL) Borrower (SEAL) Borrower u (SEAL) Borrower Page 3 of 3 :.sod r.I~~ea~ r~~~Wl ~1 staate~aM~l PAY TO THE QfaOER OF ~10'~N IEAd&n FEDERAL. FLWK FOfi SAVINQS Y Hobert r~. Aclar~s Vice ~risic~ent .~.....~.~,....._ .._, ...,.._. ~~;~,.,w..,,,~,.......w.w..,...._...._...w. MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 Plaintiff vs. MARK N. KAVISH 22 EAST SIlVIPSON FERRY ROAD MECHANICSBURG, PA 17055 AND LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: Ol - S'079 l..tc~~l.~~ CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT ,.mot NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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 judgement 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 BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 717 249 3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215)923-2225 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 Plaintiff vs. MARK N. KAVISH 22 EAST SIIvIPSON FERRY ROAD MECHANICSBURG, PA 17055 AND LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT 1. Union Planters Bank, N. A. (hereinafter referred to as "Plaintiff') is a mortgage corporation, conducting business under the laws of the Commonwealth of Pennsylvania and brings this action to foreclose in the Mortgage executed between Mark N. Kavish-and Lisa A. Kavish, mortgagors hereinafter referred to as "Defendants" and GMAC Mortgage Corporation of PA. Said Mortgage is dated Apri124, 1992 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County, Pennsylvania on April 29, 1992 in Mortgage Book 1063, page 531. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit «A„ 2. Said Mortgage was subsequently assigned as follows: a. to Leader Federal Bank for Savings, recorded on August 8, 1994 in Book 480, page 584. Plaintiff is proper party by way of an Assignment to be recorded. 3. The Mortgage secures Defendants' Note dated Apri124, 1992 in the amount of $76,600.00 payable to Plaintiff in monthly installments with an interest rate of 7.500%. A copy of the Note is attached hereto and made a part hereof as Exhibit "B". 4. The laud subject to the mortgage is: 22 East Simpson Ferry Road, Mechanicsburg, PA 17055. A copy of the legal description is attached hereto and incorporated by reference. 6. The Defendant(s), Mark and Lisa Kavish are the Real Owners of the land subject to the mortgage. The Defendant(s) mailing address is 22 East Simpson Ferry Road, Mechanicsburg, PA 17055. 7. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. The following amounts are due: Principal Balance $ 66,631.42 Interest Calculated to August 17, 2001 $ 1,870.05 Attorney Fees $ 3.331.57 Total $ 71,833.04 plus interest from 08/18/01 at $13.65 per day, costs of suit and attorney fees. The Defendants have not cured the default. WHEREFORE, Plaintiff requests the court enter Judgment in Mortgage Foreclosure for the sale of the mortgage property in Plaintiff's favor and against the Defendants, in the sum of $71,833.04 together with interest from 08/18/01 at $13.65 per day, costs of suit and attorney fees. MATTLEMAN, WEINROTH & MILLER BY: Sharon Oras Morgan, sq~ #60068 948/57387 EXHIBIT "A" ^m3+~a< / . t 4~ \ ` ~. t.~...~ - / ~ ~ -oa 7~-y ~ - ;;.;;o~~c~~~ ~~F uc~iis ~) ~ ' ~!!"OS.RLAtJ~? CbUNTY-PA. ~~~~yc~ t~~ F;~R zs Pry 2 ~os h~~ u~sh _ , ISpaee Above Thie Line For Recording Data] LOAN NO 1-578440-22 FHA Case No. Commonwealth of Pennsylvania MORTGAGE 441-440543-0 729 . ~ THIS MORTGAGE ("Security Instrument") is given on APRIL ~ ~ , 1992 The Mortgagor is MARK N. KAVISH whose address is 22 EAST SIMPSON STREET MECHANICSBURG ~ PA 17055 ("Borrower"). This Security Instrument is given to GMAC MORTGAGE CORPORATION OF PA which is organi2ed and existing under the laws of PENNSYLVANIA ,and whose address is 8360 OLD YORK ROAD ELKINS PARK, PA 1 91 1 7-1 590 ("Lender"). Borrower owes Lender the principal sum of SEVENTY-SIX THOUSAND SIX HUNDRED AND 00/100 *****'~'*'v*kie~e9e~~kir,e~v~~e~~tiexuxx,4ieu,rx>Yxuiex~4utrx~e Dollars (U.S. $ 76, 600.00 ). 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 MAY O1, 2022 .This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 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 I County, Pennsylvania: ACCORDING TO SCHEDULE "A" ATTACHED HERETO AND MADE APART HEREOF which has [he address of 22 EAST SIMPS ON STREET MECHANICSBURG i~ Isueet, Cityl, Pennsylvania 17055 [ziP code], ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and ga~ rights and profits, water rights and stock and all fixturAs now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payments of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, an installment of any (a) taxes and special assessments levied or !o be levied against tote Property, (b) leasehold payments or ground rents on4he Properly, and (c) premiums for insurance required by paragraph 4. aawt+ I~I~.. Iln11~MV~`IR~^f~nx~.,oa~r _. . o~ ~?~: ~a~i u,r vmidaw,rk~am a-a+x~s rs-~:~ .. .• Each monthly installment for items (a), (b), and (c) shall,equal one twelfth of the annual amounts, as reasonably estimated by Lender, plus an amount sufficient to maintain an additional balance of not mbrethan <~ne-sixth of the estimated amounts. The full artnuat amount for each item shall be accumulated by Lender within a'period ending one month before an item would become delinquent. Lender shall hold the amounts collected in trust to pay items (a), (b), and (c) before they become delinquent. If at any time the total of the payments held by Lender for items (a), (b), and (c), together with the future monthly payments for such items payable to Lender prior to the due dates of such items, exceeds by more than one-sixth the estimated amount of payments required to pay such items when due, and if payments on the Note are current, then Lender shall either refund the excess over one-sixth of the estimated payments or credit the excess over one-sixth of the estimated payments to subsequent payments by Borrower, at the option of Borrower. If the total of the payments made by Borrower for item (a), (b), or (c) is insufficient to pay the item when due, then Borrower shall pay to Lender any amount necessary to make up the.deficiency on or before the date the item becomes due. As used in this Security-Instrument, "Secretary" means [he Secretary of Housing and Urban Development or his or her designee. [n any year in which the bender must pay a mortgage insurance premium to the Secretary, each monthly payment shall also include either: (i) an installment of the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium tf this Security Instrument is held by the Secretary. Each monthly installment of the mortgage insurance premium shalt be in an amount sufficient to accumulate the full annual mortgage insurance premium with Lender one month prior to the date [he full annual mortgage insurance premium is due to the Secretary, or if this Security Instrument is held by [he Secretary, each monthly charge shall be to an amount equal to one-twelfth of one-half percent of the outstanding principal balance due on the Nol.e. flf Borrower tenders to Lender the full payment of all sums secured by this Security Instrument, Borrower's account shall be credited with the balance remaining for all installments for items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Paymerols. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: Firs[, to the mortgage insurance premium to be paid by Lender to [he Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, Flood and other hazard insurance premiums, as required; Third, to interest due under tlhe Note; Fourth, to amortization of the principal of the Note; Fifth, to late charges due under [he Note. ~. Fire, Flood and Other :Hazard Insurance. Borrower shall insure all improvements ott the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the ]?roperty, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. F.ach insurance company concerned is hereby authorized and directed to ma~e payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All oi• any part of the insurance roceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note nd this Security Instrument, first to any delinquent amounts applieal in the order in Paragraph 3, and [hen to prepayment o~ principal, or (b) to the restoration or repair of the damaged property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to iri Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid [o the entity legally entitled thereto. Itt the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Bon~ower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservatiory 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 con~inue to occupy the Property as Borrower's principal residence for at leas[ one year after the date of occupancy, unless [he Secretary determines this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Properly or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant 'or abandoned Property. 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 the proviscons of the lease. If Borrower acqunes Fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. t 6. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations ott time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform an}+ other 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, for condemnation or to enforce laws or'regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrwment. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. 7. 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 the Property, or for conveyance in place of condemnation, are hereby assigned and shall he paid to Lender to the extent of the full amount of [he indebtedness that remains unpaid under the No[e and [his Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security lnstrument, first eo any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. .,. , r, _: ~._- Any application of the proceeds to the principal shall not extend or postpon~jthed f (late of th'e monthly payments, which arc~referreiJ to in Paragraph 2, or change the amount of such payments. 11trp ~x~b~s.prE~'eWs.o~~ran amomrt required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the enttiy legally entitled thereto. •g. Fees. Lender may collect fees and charges authorized by [he Secretary. 9. Grounds For Acceleration of Debl. (a) Default. Lendenmay, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing [o pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or decent) by the Borrower, and (ii) The Property is not occupied by the purchaser or grantee as'his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (e) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect tb subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights in [he case of payment defaults [o require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acdeleration or foreclosure if not permitted by regulations bf the Secretary. (e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note secured thereby not be eligible for insurance under the National Housing Act within sixty (60) days from the date hereof, Lender may, at rts option and notwithstanding anything in Paragraph 9, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to sixty (60) days from the date hereof, declining to insure this Security Instrument and the Note secured thereby, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amprount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. Tolreinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full However, Lender is not required to, permit reinstatement if: (i) Lender has accepted reinstatement after [he commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will prec]ude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of pp~ ayment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successdr in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Under 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 this Security Instrument 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 covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lendei and Borrower, subject to the provisions of paragraph 9.b. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute [he No[e: (a) is co-signing [his Security Instrument only [o mortgage, grant and convey [hat 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. Notices. Any 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 [he Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by firstclass mail to Lender's address stated herein or any' 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'. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Ins[rument;,or [he No[e conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the [Vote which can be given effect without the conflicting provision. To this end the provisions of this Security-Instrument and the' Note are declared [o be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. 16. Assignment,of Rents. Borrower.unconditionally assigns and transfers to Lender all [he rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents [o Lender or Lender's agents. However, prior to Lender's notice [o Borrower of Borrower's-breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit o(' Lender and Borrower. This assignment of rents constitutes an absolute, assignment and not an assignment for additional security only. If Lender gives notice•of breach to Borrower: (a) all rents received by Borrower shall be held by,Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall' be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent. on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and, has not and will not perform any ac[ that would prevent Lender from exercising its-rights under this paragraph 16. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so a[ any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. book ~ e U 3 ebGE 5;3a +r ~ "''" Loan No L-578440-22 17. Foreclosure.Frocedure. If Lender requires immediatt± payment in full under paragraph 9, Lender may foreclose this Security Instrument by Judicial proceeding. Lender shall be entitled tb collect all expenses incurced in pursuing the remedies provided in this paragraph 17, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 1S. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 19. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce [his Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of exebution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 20. Reinstatement Period. Borcower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the wmmencement of bidding ai a sheriff's sale or other sale pursuant to this Severity Instrument. 21. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 22. Interest Rate Alter Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Riders to this Seeurlty Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were in a part of this Security Instrument. [Check applicable box(es)) Condominium Rider 0 Adjustable Rate Rider Q Growing Equity Rider Q Planned Unit Development Rider 0 Graduated Payment Rider ~ Other (specify) BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: „_~ ~~~ (Seal) -c.- - , MARK N. KAVISH -Borrower (Seal) -Borrower Page 4 of 4 COMMONWEALTH OF PENNSYLVANIA, DAUPHIN County ss: . (Seal) -Borrower ($e81) -Borrower On this, the ~ y'~ day of APRIL , 1992 ,before me, the undersigned officer, personall}~ appeared MARK N. KAVISH known to me (or satisfactorily proven) to be the person(s) whose name(s) I S subscribed to the within instrument and acknowledged that HE executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ Not~tnal Seal Mara 5. Smith, Notary PuhBc Hanisburc3, Oauphm Crunty My Cantmfaslai Ep~iros May 21,11N3A erflber, PennSyNarNa A59017a1Nn of tloieres CERTIFICATE OF RESIDENt:E I, certify that the correct address of the within-named tender is ,:., ,. ..r,. ,. , - .b 5 ;r` Y l].~ t. ~. ,. r ~ ~ i~1t dd 1 "'. ~° . rte. ' 1., .. ~Ji% ;~'}".~~'j, - r. ~ ~.. S',~ }j .in.....,...-.: dd"~'° hereby 8.360 OLD YORK ROAD, EI,KINS PARK, PA 19117-1590 witness my hand this rl(~11~1 day of APRIL 1992 ' ~-`""=?,--~--__,__-' BOOK1OEi3 PAGE 5r3'b ~~1'nf nr rn.r~r LOAN ~k: 1-578440-22 FHA Case No.441-440543-0 729 ADJUSTABLE RATE 1tIDER THIS ADJUSTABLE RATE RIDER is made this ~ u~. day of APRIL ~ 1992 and is incorporated into, and shall be deemed to amend-and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") 'to GMAC MORTGAGE CORPORATION OF PA (the "LendeY") of the same date and covering the property described in the Security Instrument and located at: 22 EAST SIMPSON STREET ~ MECHANICSBURG ~ PA 17055 (Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MA%IMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: 1. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of JULY 19 93 and on that day of each succeeding year.'~,Change Date" means each date on which the interest rate could change. {B) The Index Beginning with the first Change Date, the interest rate vzi~l be based on an Index. "In ex" means the weekly average yield on United States Treasury Securities adju§ted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the most recent Index figure available 30 days before the Change Date. I£ the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph 7(B) of the Note). Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a marginiof Tti'o AND 50/100 percentage points ( 2.500 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Paragraph 5(D) of the Note, this rounded amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The interest rate will never increase or decrease by more than one percentage point (1.0%) on any single Change bate. The interest-rate will never be more than five percentage points (S.0%) higher or lower than the initial interest rate stated in Paragraph 2 of the Note. (E) Calculation of Payment Change If'the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the maturity date at the new interest rate ,through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there, had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest. FHA MULTISTATE ADJUSTABLE RATE RIDER 2/91 FMU-ARM-R '1/2 Rev. 4/91 Page 1 of 2 eooK lUE;3 Fnc~ 535 (F;) Notffce of Changes ~Y Lender will give notice to Borrower of any change in the interest rate and monthly payment amount.' The notice must be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii} the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Eff~cCive Date of Gfiangea A new interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of the Note will become effective on the Change Date. Borrower sha].1 make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of the Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph S(E) of the Note for any payment date occurring less than 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with paragraph 5(E) of the Note decreased, but Lender failed to give timely i~otige'of the decrease and Borrower made any monthly payment amount exceeding :the payment amounts which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest`;rate which §hould,have been stated in a timely notice), or (ii) request that ~hy,`exeess payment, with interest thereon at the Note rate, be applied as payment o~:)3~~ricipal. Lender's obligation to return any excess payment with interest' bn demand is not assignable even if the Note is otherwise assigned before the demand for return is made. BY SIGNING .BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. w ~ Mme,. ~. ~~~~-. '~ ,~ ~~J v ~ __~L~~~~ !/ / ~ I (SEAL) MARK N. KAVISH Borrower (SEAL) Borrower (SEAL) Borrower (SEAL) Borrower Recorder FHA MULTISTATE ADJUSTABLE RATE RIDER 2/91 FMU-ARM-R 2/2 Rev. 4/91 r,r;ylvania 1 ~` ;rnbertand ,( ; SS -~ i sn [ office. for the r g of Deeciv „ r! .,a' Cu arl ounty, Pa. :; r'cs=: r'r! nd and se. ( gffic8 of "':r.ris?J '/~ this 7 a~__ Page 2 of 2 ~~~K ~llf)~1 P~~E 1)a)fi PENNSYLVANIA caunrY CUMBERLAND BOROUGH LOAN N0. 220229462 ~ //~~oa~/ POOL N0. 814498 y ASSIGNMENT KNOW ALL MEN BY THESE PRESENTS, that MECHANICSBURG ROD~FiT f. ZIEGIER RECORDER Of DEEDS OF MORTGA 9BUE]RL2AtJD COUNTY-PA Tf~AAG /~AOOAOAT/A111~~C-'6 /1 ~ ~~ SO e~~ located at R4RA A/ D YORK ROAD,~E K1N_ PA 19117 hereinafter referred to as Assignor; for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money of the United States of America, together with other good and valuable consideration, to it in hand paid by IEADER rrncn w, nwwm rnn cwVINO~` d FFOF(7All Y CHARTERED RAVINGS HANK; located at 1aAMenICAN dVFN11F~ MEMPHIS, TN 3810? hereinafter referred to as Assignee, at or before the delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold, assigned, transferred, conveyed and set over unto said Assignee, its successors and assigns, all of its right, title and interest in and to that certain Mortgage dated the pql{, day of 1992 made and executed by MARK N_ KAVISH ,Mortgagor, to GMAC MORTGAGE CORPORATION OF PA Mortgagee, covering premises situated in the County of CUMBERLAND ,Commonwealth of Pennsylvania, more particularly described therein and Commonly known as: BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 Said Mortgage was duly recorded on the 29th day of APRIL 19 _~ in the office of the Register, Clerk of Recorder of Deeds of GLIMBERLAND County, in Book 1063 at Page 531 or Document No. or with Pin # 17_23-0565-065 of the Official Records of said Register, Clerk of Recorder of Deeds; together with that certain Note of even date and secured thereby in the principal amount Of SEVENTY-SIX THOUSAND SIX HUNDRED anri NOl10n••••• ($ 7fj,600.00 )made and executed by mortgagor and payable to the order of the aforementioned Mortgage. TO HAVE AND TO NOLD the same unto said Assignee, its successors and assigns to its and their proper use and benefit forever. IN WITNESS NHEREOF, the said has caused these presents to be duly executed by its proper officer this 19th day of AUGUST 1994 but made effective NOVEMBER 1.1993 `,1„npP^Uplgr ~// .~~``ti°~'~O~O ~'~ ~' GMAC MORTGAGE CORPORATION OF PA q,^ ~ ' a:' ~+ +...~JA=COILO~NI-AL MORTUGAGoE SERVICE COMPANY BY e ~ ~.a,,.3? CARL GERSTENBERG ' Q;•.;°Fro 1968 a;' `n'P+E'HEBB ASSISTANT SECRETARY o,,~v~ •. NSrLVPNti••a'',c VICE PRESIDENT .• d , STATE OF MARYLAND rrrrr~'""~n*n~~ll"~~",,`,000NTY OF FREDERICK On this, the 1s1n day of AUGUST 1994 ,before me, JANE EYLER ,the undersigned officer personally appeared MAE HEBB and CARL GERSTENBERG who acknowledged themselves to be the VICE PRESIDENT and ASSISTANT SECRETARY of GMAC NIf7RTGAGE CORPORATION OF PA and that as such MAEWEBB and CARL GERSTENBERG ,being authorized to do so, executed the foregoing instr ment for the purposes therein contained by signing- the name of the corporation by themselves as VICE PFIES/DENT and ASSISTANT SECRETARY ~' ,,,,,~~~•",,,,, , In witness whereof, I hereto set my hand and official seal. ,,o;~ _.,,•._ [c•y JANE E E COMMISS-ON'EX .02/17/97) Notary Publi The assignor hereby certifiesd LEADER FEDEfiAL BANK FOR SAVINGS q _ :NOTARY ~•. F'UEiIJC ASSIGNMENT OF MORTGAGE "'aw.,•nM"' BETWEEN: GMAC MORTGAGE CORPORATION OF PA Precise residence is: 158 MADISON AVENUE ANO LEADER FEDERAL BANK FOR SAV/NGS MEMPHIS, TN 38103 MA[L T0: _., fi'" I.. ', ., ,~~ ~. ~ `~: ,~ " y! ,~~~ ... ~ P : 4.J nl Wennsylvams i SS r~~;:~~.r ref (:timberland f t; i i tE~e office for the recording of Dem~is ,; i~ nbarland County,~f~ iL~ ~:t^u oakVoL ~._ Page.LLL.I v.':~.~,;.;::y rrry hand an al of otflc 9~' (~ t;c~ids;,;~,W~AfhiS dayof..:..~-i ~ L~. ec/frdar, +t:ua~e ~~~gt~z.. ' C":~..' . .. ?wmmev-s.~wmams~.w.ea+rz ~§~r 1ENNSYLVANIA ~` ~ ~~ couNrY CUM9ERLAND BORO H MECHANICSBURG LOAN N0. 220229462 ry ~ //~7~~/~ / POOL N0. 814498 XU `~(/ C/ (~/' ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that 1 FdDER FEDEAdL BANK FOA SdVINGS A FEDFRdi 1 y r'F1dRTERED adVlNf C BANK located at +en esen~end~ wvew fp• MEneau!.~ TN ?810 ' hereinafter referred to as Assignor, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money of the United States of America, together with other good and valuable consideration, to it in hand paid by .wnerr wnv wnenn/AT10N d WHl111V AWNFI] CAAPARATF 1NSTRIIMFNTALITY OF ru.-, ,ran nrwrcn _- located at ~~+ TTY CTOCCT SW, ROOM 61QQ, WASHINGTON, D .- ~na~n_g000 hereinafter referred to as Assignee, at or before the delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold, assigned, transferred, conveyed and set over unto said Assignee, its successors and assigns, all of its right, title and interest in and to that certain Mortgage dated the zar„ day of APAIL 199 made and executed by MARK N KAVISH ,Mortgagor, to SMAG MORTGAGE CORPORATION OF PA ,Mortgagee, covering premises situated in the County of [=UMBERLdND ,Commonwealth of Pennsylvania, more particularly described therein and commonly known as: BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 Said Mortgage was duly recorded on the 29th day of APRIL 19 ~~_ in the office of the Register, Clerk of Recorder of Deeds of 1`IIMRFRLAND County, in Book 1063 at Page 531 or Document No. or with Pin # 1T-23-0565-065 of the Official Records of said Register, Clerk of Recorder of Deeds; together with that certain Note of even date and secured thereby in the principal amount of ecvcurv_c,v run~~CAND S/X HLINDAED anA NOI10n••... ($ 76,600.00 )made and executed by mortgagor and payable to the order of the aforementioned Mortgage. TO HAVE AND TO HOLD the same unto said Assignee, its successors and assigns to its and their proper use and benefit forever. IN WITNESS WHEREOF, the said has caused these presents to be duly executed by its proper officer this y14._- day of but made effective NOVEMBER 1, 1993 / ""^~*~-. r~ /~ ~ ~~/A~pyER/E~~pE L BANK FOR SAVINGS OY I~~`~~ ~~.d6dG!(.f1,.4'~~,L- BY ~/~~~/ ~~s-!~"~" BONNIE STE OUSE ROBERT B. ADAMS ASSISTANT VICE PRESIDENT VICE PRESIDENT srarE of TENNESSEE On this, the day of undersigned officer personally appeared who acknowledged themselves to be the V and that as such ROBERT B. ADAMS so, executed the foregoing instrument for themselves as V/CE PRESIDENT In witness whereof, I hereto set my hand COUNTY OF SHELBY before me, MARY WHEELER ,the 3. ADAMS and BONNIE STENHOUSE IENT and ASSISTANT VICE PRESIDENT of al TENHOUSE ,being authorized to do fined by signing the name of. the corporation by W~eF ootancur r URGE ~, MARY W ` LER (COMMISSION EXP. 11 ~~ Notary Pub is OO~y j(p, --------------------------- ----------------------------------------------------- The assignor hereby certifies: ASSIGNMENT OF MORTGAGE GOVERNMENT NATIONAL MOATGAG~ ASSOCIATION BETWEEN: LEADER FEDERALiBANK FOR SAVINGS Precise residence is: 4517THSTAEETSW.ROOM AND GOVERNMENT NATIONALMOATGAGEASSOC/ATION 6100, WASHINGTON, D.C. 20410-9000 MAIL 70: LEADER FEDERAL BANK FOR SAVINGS 158 MADISON AVENUE ROBERT B. ADAMS MEMPHIS, TN 38103 ~~IRG PRFS/T)FNT ~ ,~ EXHIBIT "B" MULTISTATE APRIL 1. PARTIES FHA Case No LOAN N0. ,.. ~y , 1992 441-440543-0 ~'7Y9. 1-578440-22 <i20313 22,F.AST SIMPSON STREET , MECHANICSBURG , PA 17055 (Property Address) "Borrower" means each person signing at the time of this Note, and the person's successors and assigns. "Lender" means GMAC'MORTCAGE CbRPORATION OF PA and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In retuYn fora loan-received from Lender, Borrower promises to pay the principal sum of SEVENTY-SIX THOUSAND SIX HUNDRED AND 00/100 *''P*************''~°ti***~'•'********* Dollars (U.S, $ 76,600.00 ), plus interest, to the order of~Lender. Interest will be charged on unpaid principal, from the date of disbursement o£ the loan proceeds by Lender, at a rate ofSEVF.N AND 50/100 percent ( 7.500 %) per year. The interest rate may change in accordance with Paragraph 5(C) of this Note. 3. PROMISE TO PAY SECURED Borrower's promise to pay is'secured by;,a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." 't`hat Security Instrument. protects the Lender from losses which might result if borrower defaults under this Note. ; 4. MANNER OF PAYMENT (A) Time Borrower shall make, a, payment bf principal and interest to Lender on the first day of each month beginning on JUNE O1 ; 1992 Any principal and interest remaining on the first day of MAY 2022 ,will be due on that date, which is called the maturity date. (B) Place 'Payment sha1T be made at 8360 OLD YORK ROAD ELKIN$ PARK, PA 19117-1590 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Initially, each monthly payment of principal and interest will be in the amount of $ 535.60 This amount will be part of a larger monthly payment required by the Security Insttument that shall be applied to principal, interest and other items in the order described in the Security Instrument. This amount may change in accordance with Paragraph 5(E) of this Note. 5. INTERRST RATE AND MONTHLY PAYMENT CHANGES (A) Change-Date The interest rate may change on the first day of JULY 1993 and on that day of "each'succeeding year. "Change Date" means each date on which the interest rate could change,. (B) The Index. Beginning with the first Change Date, ,the interest rate will be based on an Index. "Index",means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as`defined~aboLe) is no longer available, Lender will use as a new Index any index prescribed'by the Secretary (as defined in Paragraph 7(B)). Lender will give Borrower notice of tlie~new Index. FHA MULTISTATE ADJUSTABLE RATE NOTE x/91' ' FMU-ARM-N 1/3 Rev.4/91 Page 1 of 3 ~ ~~ (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of TWO AND 50/100 percentage points ( 2.500 X) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Paragraph 5(D) of this Nate, this rounded amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The interest rate will never increase or decrease by more than one percentage point (1.0%) on anij single Change Date. The interest rate will never be more than five percentage points (5.0X) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. (E) Calculation of Payment Cha~tge If the interest, rate changes on a Change. Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the maturity date at the new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal.. The result of this calculation will be the amount of the new monthly payment of principal and interest. (F) Notice of Changes Lender will give notice to Borrower of any change in the interest rate and monthly pajaAent amount. The notice must be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Effective Date of Changes A new interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph'S(F) of this Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of thhis Note for any payment date occurring less than 25 days after Lender has given thelrequired notice. If the monthly payment amount calculated in accordance with paragraph 5(E) of this Note decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment- amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice) or (ii) request that any excess payment, with interest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest on demand is not assignable even if this Note is otherwise assigned before the demand for return is made. 6. BORROWER'S R%GHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. 7. BORROWER FAILURE TO PAY (A) Late Charge for Overdue Payments u If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of percent (4.00 %) of the overdue amount of each payment, (B) Default I If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. This Note does not: authorize acceleration when not permitted by HUD regulations, As used in this Note, "Secretary" means the Secretary of Housing and Urban development or his or her designee. FHA_ MULTISTATE ADJUSTABLE RATE NOTE 2/91! PMU-ARM-N 2/3 Rev, 4/91 Page 2 of 3 kwd~,,M1 r,. v `rl.. .. :.13: YCN,~''19{~~rVJ~7~oi~t< ~~ft3(t~D9HT0TYA9 LOAN ~~~L~"~~ `I(~~,1 (C) Payment of Costs and Expenses ,~. , ~'~ If Lander has required immediate payment in full, as described abo~ipt~ ~ ,~ and ex anses includin reas '~?L+Rtt~,.,cuk1:B 3 ''~~` require Borrower to pay costs p g ~ a attorney's fees for enforcing this Note. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 8. WAIVERS „ . ,,. - .. .. Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice; to other persons„ that amounts due have not been paid. 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by'first class mail to Borrower at the property address above or at a different address if BorroweY has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. L0. OBLIGATION OF PERSONS UNDER THIS NOTE If more than one person',signs this, Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person Who is a guarantor, surety or endorser of this Note is also obligated to do these things. Ariy person who takes over these obligations, including the obligations of a guarantor; surety or endorser of this Note, is also obligated to keep all of the promises made 'in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. i BY SIGNING BE11(1W, Borrower accepts and agrees to the terms and covenants contained in this Note. ~ ii~~«''lG., ii~~~ (SEAL) MA N. KAV151i EotluueY ~ i~> S'. (SEAL) Borrower .- ;.''' ~y (SEAL) Borrower (SEAL) Borrower FHA MULTISTATE ADJUSTABLE RATE NOTE 2/91 FMU-ARM-N 3/3 Rev. 4/91 Page 3 of 3 PAV TO THE QI7DER OF LEApER FEDERAI. fi0.N!( Kai SAVINQS 6 ~+'~y~'~ n.a-~.- Y ___ titzbs~rt r3. Adams Vi~;t~ F~ri;,~;t~ent .~~~ ~ ~ c~G ~i 1 ,: c~ :., ~ ~ C. - .• -r, 4a 1 ii r ~;` ~ - ; J~ - _ Y V -. e ~. b~ ~ -~ o~~ ~: in ° a ~ °.> 1 ~ _ ..__. ....e.~~.~_~W..._W ..~.....,..„..... ....n...... .:. ....ryr--.. ..-... . _.. nn-,.......rw~xw...r-,....... ... d. ,..a ~....r. N ...ryyyY .~. r,~.~ e ti Caption: LN TS-IE COURT OF CClM.Xd PLEAS OF C[d~iBERLAIm COUNI7t, PEPAISYLVANIIA ' CIVIL DIVISION UNION PLANTERS BANK, N.A. vs. MARK N. KAVISH and LISA A. KAVISH TO THE PROTHONOTARY OF THE SAID COURT: File No. 2001-5079 Amount Due $83,019.99 Interest $ 1,296.75 Atty's Come Costs The undersigned hereby certifies that the below does not arise out of a retail install.c~nt sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR F~:CUTION Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the.. following described property of the defendant(s) See attached legal description. PRAECIPE FOR ATTACFL~7FNP F~7C[TI'ION Issue writ of attachment to the Sheriff of County;-for debt, interest and costs, as above, directing..attaohment against the above-named garnishee(s),for the following property (if rear estate,~silpply six copies of the description; supply four copies of lengthy personalty list) _ and all other pmpexty of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this-writ agains real estate of the defendant(s) described the DATE:~ ~'~ 3 Print 401 Route 70 East Cherrv Hill, NJ 08034 Attorney for: Plaintiff Telephone: (856) 429-5507 Supreme Court ID No.: 46450 ~- t 3 c~ ~: ~~ F1l Y";". :-~" F'1- .e._ L . `J ~i_. ~- ~ ! y. . f . ~ ~.. 1~ 7 C w- d SwF 2 hn. ~r 4~. l ~ ~ ~ ,• ,. , , • ,, '~' '• ~ . ,; a SCHEDULE "A" ALL THAT CERTAIN lot or piece of ground, with the buildings and improvements thereon erected, situate on the south side of East Simpson Street in the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, and bounded and described as follows, to wit: BEGINNING at a post on the building line of said Simpson Street at corner lot now or late of John H. Zeamer, thence southward along said lot 133 feet, more or less, to a 20-foot alley; thence along said alley eastward 26.5 feet to a corner of lot now or late of Elmer E. Corman, et ux; thence along the line of said lot of E]:mer E. Corman, et ux, 132 feet, more or less, to the building line of said Simpson Street; thence along the building line of said Simpson Street, westward 35.5 feet to a post, the place of BEGINNING. BEING premises known as 22 East Simpson Street, Mechanicsbupg, Pennsylvania. BEING PARCEL NUMBER 17-23-0565-065. BEING THE SAME PREMISES which John R. Freeman and Elaine M. Freeman, husband and wife by Indenture bearing date the day of A.D. 1992 and intended to be forthwith recorded in the Office for the Recording of Deeds in and fop the County of Cumberland, State of Pennsylvania, granted and conveyed unto said Mortgagor, in fee. . ~,`~pr~Dr.`;.;y,t,'`. 4e •, ~~ "~'~„~"~* t("ma'r`'",, ~q .;p~ri~ ` r~'v ~', ~~.'I v k. . wI. Iii .~ "s . ,.... ~ ra '~, ~^~~ co, u ,, ~ ;,,,(i~~,,:vi~;yfvr,nia e,cl ~" >fiF" office for the recording of Oecc! . 1 ~~~ci „c ~~,ri~iartand County, Pe. Mi ~tt:aft~~uvC-~ +'rtu hand a d Page.~~ :~1 ,iseal of offic ti ,,. f:f, ,,.; ~~tt""ff ))~_-_~.l-._rl day b~ ! Record r -~_ _, a llf~0 ..rr I'. ~w COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND PLANTERS BANK, NA COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. NO.: 01-5079 MARK N. KAVISH and L15A A. KAVISH Defendants PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above referenced matter: Amount Due $ 83,019.99 Interest from 5/28/03 to 9/3/03 $ 1,296.75 Total (Costs to be added) _~` ~ Q^~6.?;. J D uinber:46450 AN, WEINROTH & MILLER for Plaintiff Mortgage Foreclosure - - , _. CJ c-~ C~ C c,;; -r~ C : ---~ r, ~_ - C_ -. y _ ~~ :=i =~ i ~ ._ . _~ .. MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney I.D. No.: 46450 Land Title Building -Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215)923-2225 Attorneys for Plaintiff UNION PLANTERS BANK, NA Plaintiff vs. MARK N. KAVISH and LISA A. KAVISH Defendants COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND File No.: 948.57387 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 01-5079 AFFIDAVIT PURSUANT TO RULE 3129.1 Union Planters Bank, NA Loan Services, Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 22 East Simpson Ferry Road, Mechanicsburg, PA 17055: 1. Name and address of Owner(s) or Reputed Owner(s): Mark N. Kavish 7 N. Colney Lane Etters, PA 17319 Lisa A. Kavish 7 N. Colney Lane Etters, PA 17319 2. Name and address of Defendant(s) in the Judgment: Mazk N. Kavish 7 N. Colney Lane Etters, PA 17319 4 Lisa A. Kavish 7 N. Colney Lane Etters, PA 17319 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Union Planters Bank. (Plaintiff herein) 7130 Goodlett Farms Parkway Cordova, T'N 38018 First Plus Financial, Inc c/o Lain, Faulkner & Co., P.C. 400 North Saint Paul Street, Suite 600 Dallas, TX 75201 4. Name and address of the last recorded holder of every mortgage of record: Union Planters Bank. (Plaintiff herein) 7130 Goodlett Farms Parkway Cordova, TN 38018 First Plus Financial, Inc c/o Lain, Faulkner & Co., P.C. 400 North Saint Paul Street, Suite 600 Dallas, TX 75201 5. Name and address of every other person who has any record lien on the property: None known. 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Occupant 22 East Simpson Ferry Road Mechanicsburg PA 17055 Occupant 7 N. Colney Lane Etters, PA 17319 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Occupant 22 East Simpson Ferry Road Mechanicsburg PA 17055 Occupant 7 N. Colney Lane Etters, PA 17319 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,-- ------. C. MILLER, III, ESQUIRE RNEY LD. NO.: 46450 Sworn and Subscribed to me~ ~~ Day At~TAR~ 6/25/2006 MY lMl€Y~NES +._. t ep' C'7 "`= C7 -c~CR - -„ {~ ~-- = ,` u~ <: -- r-, n i ~" C. ~. _* ~_ A~~N„'7~ itt~q 4a)'!~'il !1 ~MP``PP'~yY`C3•i+y~+~91~61tt?+4V;~f!€~~_r, „~tt~,,lA '`~iVdki 1R 4]111 i.4I ~}„ ~ti g>~!~i~`tv:j k lt~ `_ _ i?.I+ ~ rigkuT h a.. tpy¢P9RB5'~Sg. .. MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney I.D. No.: 46450 Land Title Building -Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff UNION PLANTERS BANK, NA Plaintiff vs. MARK N. KAVISH and LISA A. KAVISH File No.: 902.58891 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 01-5079 Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: Your house (real estate) at 22 Eas Simpson Ferry Road, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff's Sale on September 3, 2003 at 10:00am in Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the Court Judgment of $ 83,019.49 obtained by Interbay Funding, LLC as Servicer for First Union National Bank as Indenture Trustee. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be canceled if you pay to John C. Miller, III, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call John C. Miller, III at (215) 923-2225. 2. You may be able to stop the Sale by filing a petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. ^'a You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling John C. Miller, III at (215) 923-2225. 2. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call John C. Miller, III at (215} 923-2225. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff on January 20, 2003. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed Distribution is wrong) are filed with the Sheriff ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Lehigh County Bar Association Old Courthouse, Room 304 Fifth and Allentown Streets Allentown, PA 18105 (610)433-7094 ~, r, ;> ~a -,5 ~ -~ - ~~r~ _ :;- ~ _ _. cn - - y` - ?c=~ =,- 1 C.. :~. ~rri FJ -:ys - ~~e; ~f ; - r:e~r.~ „-~ r„~v sir .. ... WRIT OF EXECUTION and/or ATTACHMENT COMnIONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-5079 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNION PLANTERS BANK, N.A., Plaintiff (s) From MARK N. KAVISH AND LISA A. KAVISH (1) You aze directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You aze also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) if property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $83,019.99 L.L. $.50 Interest $1,296.75 Atty's Comm % Due Prothy $1.00 Atty Paid $203.75 Other Costs Plaintiff Paid Date: JUNE 11, 2003 CURTIS R. LONG Prothonot ~ (Seal) j ~~/1,Q"y~ ~' J / "~CJ~/l~'t.ff Deputy REQUESTING PARTY: Name JOHN C. MH.LER III, ESQUIRE Address: 401 ROUTE 70 EAST CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-429-5507 Supreme Court ID No. 46450 »9F~- r:n COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Zie¢ler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Secretary of Housing & Urban Dev is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 11th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5079, at the suit of Union Planters Bank N A against Mark N Kavish & LIsa A is duly recorded in Sheriff s Deed Book No. 261, Page 1556. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this a 0~ day of _ , A.D2004 (~ /I n of Deeds Union Planters Bank, NA VS Mark N. Kavish and Lisa A. Kavish In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5079 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendants, to wit: Mark N. Kavish and Lisa A. Kavish, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. YORK COUNTY RETURN: Served Lisa A. Kavish on July 24, 2003 at 11:15 am by handing to her personally at 7 North Conley Lane, Etters, PA 17319 the within Real Estate Writ, Notice of Sale and Description and making known unto her the contents thereof. 5o Answers: William M. Hose, Sheriff of York County, Pennsylvania. YORK COUNTY RETURN: Served Mark N. Kavish on July 24, 2003 at 11:15 am by handing to Lisa A. Kavish, wife of defendant, at 7 North Conley Lane, Etters, PA 17319 the within Real Estate Writ, Notice of Sale and Description and making known unto her the contents thereof. So Answers: William M. Hose, Sheriff of York County, Pennsylvania. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 10:08 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark N. Kavish and Lisa A. Kavish located at 22 East Simpson Street,.. Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Mark N. Kavish, by regular mail to his last known address of 7 North Conley Lane, Etters, PA 17319. This letter was mailed under the date of August 12, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Lisa A. Kavish, by regular mail to her last known address of 7 North Conley Lane, Etters, PA 17319. This letter was mailed under the date of August 12, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney John C. Miller, III for Secretary of Housing and Urban Development. It being the highest bid and best price received for the same, Secretary of Housing and Urban Development of 451 Seventh Street, Washington DC 20530, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $745.59, it being costs. ..,~..,.. .,~,u Sheriffs Costs Docketing $30.00 Poundage 14.62 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Surcharge 30.00 Out of County 9.00 York County 52.48 Postpone Sale 20.00 Law Journal 232.85 Patriot News 169.84 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 745.59 Sworn and subscn~~ to before me S~,~;~~~Lyve,~r, '~~''d This a away o ~1 R. Thomas Kline, Sheriff rothon to~ary BY Real Estate eputy J¢~ !~" v~"~ 3~ `~ ~ ~ b u2 y3 y~~ t~av, /~4 ~d'3 JUN. 17.2903 10:20AM MATTLEMAN WEINROTH AND MILLER N0. 6391 P. 2 MATTLEMAN, WEINROTH & MILLER BY; JOHN C. MILLER, III, ESQUIRE Attorney i.D. No.: 46450 Land Title Building -Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215)923-2225 Attvmeys for Plaintiff File No.: 948.51387 UNION PLANTERS BANK, NA COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. MARK N. KAVISH and LISA A. KAVISiI Defendants NO.: 01-5079 AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Union Planters Bank, NA Loan Services, Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 22 East Simpson Strcet, Mechanicsburg, PA 17055: 1. Name and address of Owner(s) or Reputed Owner(s): Mark N. Kavish 7 N. Colney Lane Etters, PA 17319 Lisa A. Kavish 7 N. Colney Lane Etters, PA 17319 2. Name and address of Defendant(s) in the Judgment: Mark N. Kavish 7 N. Colney Lane Etters, PA 17319 JUN. 11.2003 10:20AM MATTLEMAN WEINROTH AND MILLER N0. 6391 ^P, 3~ Lisa A. Kavish 7 N. Colney Lane Etters, P!~ 17319 ' 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Union Planters Bank. (Plaintiff herein) 7130 Goodlett Farms Parkway Cordova,lN 38018 First Plus Financial, Inc c/o Lain, Faulkner & Co., P.C. 400 North Saint Paul Street, Suite 600 Dallas, IX 75201 4. Name and address of the last recorded holder of every mortgage of record: Union Planters Bank. (Plaintiffherein) 7130 Goodlett Fauns Parkway Cordova, TN 38018 First Plus Financial, Inc c/o pain, Faulkner & Co., P.C. 400 North Saint Paul Street, Suite 600 Dallas, TX 75201 5. Name and address o£every other person who has any record lien on the property: None known. 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Occupant 22 East Simpson Street Mechanicsburg PA 17055 Occupant 7 N. Colney Lane 1'stters, PA 17319 JUN. 17, 2003 10:20AM MATTLEMAN WEINROTH AND MILLER -'N0, 6391 ~P. 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the pmpezty which maybe affected by the sale: Occupant 22 East Simpson Street Mechanicsburg PA 17055 Occupant 7 N. Colney Lane Etters, PA 17319 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or infornaa6on and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Sworn and Subscribed to me this 17`M Day of .1 , 2003. ~/~`~ - - . _ .~..~ 6/25/20D8 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No: 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. WO~jDYfO AND SUBSCRIBED before me this 1 day of AUGUST. 2003 1013 E. I~, ~ Publfc p~pp~ ""i B 6 51 R&AL 8,®TATE 3AI.E NO. BS Writ No. 2001-5079 Civil Union Planters Bank, NA vs. Mark N. Kavish and Lisa A. Ifavish Atty.: John C. Miller, III SCHEDULE "A" ALL THAT CERTAIN lot or piece of ground, with the buildings and improvements thereon erected, situ- ate on the south side of East Simp- son Street in the Horough of Mech- anicsburg, County of Cumberland and State of Pennsylvania, and bounded and described as Follows. to wit: BEGINNING at a post on the bullding line of said Simpson Street at corner lot now or late of John H. Zeamer. thence southward along said lot 133 feet, more or less, to a 20 foot alley; thence along said al- ley eastward 26.5 feet to a corner of lot now or late of Elmer E. Gorman, et ux; thence along the line of said lot of Elmer E. Gorman, et ux, 132 feet, more or less, to the building line of said Simpson Street; thence along the buffding line of said Simpson Street, westward 35.5 feet to a post, the place of BEGINNING. BEING premises known as 22 East Simpson Street, Mechanicsburg. Pennsylvania. BEING PARCEh NUMBER 17-23- 0565-065. BEING THE SAME PREMISES which John R. Freeman and Elaine M. Freeman, husband and wife by Indenture bearing date the day of AD. 1992 and intended to be forth- with recorded in the Office for the Recording of Deeds in and i'or the County of Cumberland. State of Pennsylvania, granted and conveyed unto said Mortgagor, in fee. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16,1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseprh A. Dennison, being duly sworn according to law, deposes and says; That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The ~.4lnday Patriot-.fyftw.fl newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily andJor Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th days} of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place arrd character of publication are true; and That ho has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Ueeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 3t7. ~^+~ PUBLICATION COPY SALE#$5 RFl4L ESTATE SALE Nn. fi5 - Wrlt Na Z041~uD79 Ctvli Tarm -::- l)nion Planters Bank, NA vs Mark N. Kavibh and Lisa A, Kavlah -'Atty.; John C. Miller, III 3 13th day of A,Clgu~t,~OQS A.D. Da FFSS -~-f/-'-d4~. 9res Jtx1e 8, 2006 NOTA Y PUBLIG ssocia6on Of Notaries My commission expires Juns 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY GOURTHOUSE CARLISLE, PA. 17013 ]41: CPlt:rhlN Int nr pre.-~ et ground, buildiogy and twnmvemencs thereon trmteondtey~nlnvdee'rPasfSlmpson ~ Statement of Advertising Costs the Bomuxn nC Mesnanicshurg, Gamy errand aa3 :care ar Pennryvania. arui To THE PATRIOT-NEWS CO„ Dr. urci aaai[r,. as fohrnvv,awlt iJna at a post m, the i>IVid,~ line nt For publishing the notice ar publication attached rgon Streei at snorer lot now w~ iate of hereto on the above stated dates °earner, then«-,onward along xad lot- mare ar lc st!o n 1U-font alley; thenre Probating same Notary Fee{s) i alley castwaN 2a5 feet In a amier of Total 'late nS Elmer F Cormara, et ux; Ihenm line Gf .~n~d lot nt Flmrr r. Cnrman, cl eY. mnmmteas. io the building line nf'rUhlisherrs icon Slrerl; thcnrt alanQ the hmldiny d i~mp56u 5veel -f 1' Receipt for Advertfsing Cost , 168.09 1 .75 169.84 wu wan .:9s feet n' ublisher of the P~S.f.J.SZ.tr..Ng7tYa_and Tha Sunday Patriot-News, news a ers of eneral atxru.the place,vrriF['INF7rNG. - P P 9 cirr- HEINCi: Qieduses known m '•^ i'aay Simpsrm receipt of the aforesaid notice and publication costs and certifies that the same have 51reei,Trlrchamcsinrg, Pennxytvanta beE- AFCN(i P.SrtC FI h(1; 1'7.L-f135.5~I1fi5, HF7Nd-THE e+3MF-pmmiser i4Aich ,Iehn R f •,ma?,:xu? h v~ ,M.. Fhrmatl. husband arui Wire. 6g ludentum [w vino date the day of h D By .................................................................... -- L4a2-nod intended w fx. PanhwirA nrrrded in the <lrlitr..:u"-[hz nxry'din¢ of flezdc .n ana (er the : f-'awpv_ YrC Cumncriaa~il 5'mte of Pcnnsylranla_ i „ranred and conveyed unro yam Mnngagnq in IA;, I, JUN, 17. 2003 10:20AM MATTtEMAN WEINROTH AND MILLER. ~NO. 6391-'P, 6 MATTLEMAN, WEINROTIi & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney I.D. Na.: 46450 Land Title Building - Suitc 222G Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff File No.: 902.58891 UNION PLANTERS BANK, NA COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. MARK N. KAV15H and LISA A. KAVISH Defendants NO.: 01-5079 NOTICE-OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: Yow house (real estate) at 22 East Simpson Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff's Sale on September 3, 2003 at I O:OOam in Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the Court Judgment of $83,019.99 obtained by Interbay Funding, LLC as 5ervicer for First Union National Bank as Indenture Trustee. NOTICE OF OWNER' RIGHT YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this 5heri#f's Sale you must take immediate action: 1. The Sale will be canceled if you pay to 7oha C_ Miller, III, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorneys fees due_ To find out how much you must pay, you may call John C. Miller,lll at (215) 923-2225. 2. Youmay be-able to stop the Sale by filing a petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered, You may also ask the Court to postpone the Sale for good cause. 3, You may also be able to stop the Sale through other legal proceedings, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO O1-5079 Civil COUNTY OF CUMBERLAND) CNIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNION PLANTERS BANK, N.A., Plaintiff (s) From MARK N. KAVISH AND LISA A. KAVI5H (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also duetted to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are duetted to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $83,019.99 L.L. $.50 Interest $1,296.75 Atty's Cornm % Due Prothy $1.00 Atty Paid $203.75 Other Costs Plaintiff Paid Date: JUNE 11, 2003 CURTIS R. LONG Prothonotary (Seal) tiB.~~~QQ-Q~~~~ iY Deputy REQUESTING PARTY: Name JOHN C. MILLER HI, ESQUIRE Address: 401 ROUTE 70 EAST CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone:856-429-5507 Supreme Court ID No. 46450 Real Estate Sale # 65 On June 17, 2003 the sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA known and numbered as 22 East Simpson Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 17, 2003 r Real Estate Deputy ., ,: 'ne . `RISS+M1Sa __ _._ ._ :xsa: vr~ti~»~+aa~W€" ~_ ~._ CBSM"~Wii.., 1'^'rf - •,v_ '~; ii. t FT ~S-'P ~1~A°A4*~~,"f~ MATTLEMAN, WEINROTH & MILLER By: Sharon Oras Morgan, Esquire Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff Our File No.: 902/55907 UNION PLANTERS BANK, NA COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. No.: 01-5079 MARK N. KAVISH LISA A. KAVISH Defendants AFFIDAVIT PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I Sharon Oras Morgan, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say: L I am a member of the firm of Mattleman, Weinroth & Miller, attorneys for the Plaintiff in the above entitled cause of action. 2. On July 24, 2003, a copy of the Notice of Sheriff s Sale of Real Property was served on the Defendants, Mark N. Kavish & Lisa A. Kavish via the York Count? Sheriff s Deparhnent . A copy of the Affidavit of Service is attached hereto and made a part hereof as Exhibit "A" 3. On June 12, 2003 & August 27, 2003, a copy of the Notice of Sheriff's Sale of Real . Property was sent to all parties in interest and claimants by registered mail. A copy of the receipt of registered mail is attached hereto and made a part hereof as Exhibit "B" Mattle an, Wei • th & Miller _~_.. Sharon Oras organ, Esq ' e #60068 Sworn and Subscribed to before me this 8~ Day of ~C~rnh~r , 2003. tary Public lUDttHA161ltliC11MER 1kROTARY PUBLIC OF NEW JERSEr MY COMMISSION EXPIRES 6/2S/20p8 Exhibit "A" Union Planters Bank, NA VS Mark N. Kavish and Lisa A. Kavish In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5079 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendants, to wit: Mark N. Kavish and Lisa A. Kavish, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. YORK COTJNTY RETURN: Served Lisa A. Kavish on July 24, 2003 at 11:15 am by handing to her personally at 7 North Conley Lane, Etters, PA 17319 the within Real Estate Writ, Notice of Sale and Description and making known unto her the contents thereof. So Answers: William M. Hose, Sheriff of York County, Pennsylvania. YORK COUNTY RETURN: Served Mark N. Kavish on July 24, 2003 at 11:15 am by handing to Lisa A. Kavish, wife of defendant, at 7 North Conley Lane, Etters, PA 17319 the within Real Estate Writ, Notice of Sale and Description and making known unto her the contents thereof. So Answers: William M. Hose, Sheriff of York County, Pennsylvania. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 10:08 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark N. Kavish and Lisa A. Kavish located at 22 East Simpson Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Mark N. Kavish, by regular mail to his last known address of 7 North Conley Lane, Etters, PA 17319. This letter was mailed under the date of August 12, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to one of the within named defendants, to wit: Lisa A. Kavish, by regulaz mail to her last known address of 7 North Conley Lane, Etters, PA 17319. This letter was mailed under the date of August 12, 2003 and never returned to the Sheriffs Office. Sworn and subscribed to before me s s: R. Thomas Kline, S en This day of 2003, A.D. BY BCC Prothonotary Real Estat eputy Exhibit "B" D In O 3 w V V T U m 0 N J r -i~~ W V O~I~ fT~'~ Al w"I N~' I~ ' ~ (~7 A Z y I l ~ N Q 3 ii j I. I I O~ 5 ~ ~ m I (~ ~ _ _ (D ~ D `° ~ ~ ~b ; ~ I V Z O m N g ~ I I D L m m N I~ r ~ I I O d J M H I ~ m O f/l O ~ 7J -1i ~ ~ ~ 3 ~ o Q° m ~ m I zl 7 V I m p ~ n Q N O r - O nN n N N N ' p I mv~ ~ O 2J xvm ~ m. ~ ~?a ~ !^O ~ ~N Tma m Do y m~rv yZm - N ~ m?D yn. m?F ~ N O? ~ ~ r;L;r~r; x 1 ;: 01 ~ m T~ ~ m y ~ ~ ~^ , ~3~ m 'n ~ V~ m D° V~ T. D° m I D° G moon ~a I~ a m p m '° 9 m~ I Dm ~~ y v3 X T_. ammo < N ~~cm N ~c ~. n } m~ `m ~~ o ~ ~, i aom I T~ ~ V ~ - ~Dm tOm : N d m o - I ~ i Dm ~ R,~ I -~ o I N A ~ ~ o_ 2 (n n 4 a c ~ ^Ci~^ 31 ~ m N.Ti A,11 ~ F m m O Po ~ O m C ~ m 6 m m m a i n~ o ~ m ~ a I ~ ~ o m ~ ~ m n o ~ ° s e m m m I "' ' a q IrCs~` ' p~ 0 0 o T D moo,z-~ / ~ n C/1 d I ll (p + m R =i N X l m ( i r9 ~i .3 P"" ~ :iC m mi ~~ o n~ . 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JY . 4 ~ 7 G 4 _ __ =`.e`l" ~' .~\~-etas ~ ~ m ~` fi ` (~ ~q @ LF ~fJ ~ `^'~ m N a ~ "= w ~~ =~ a W ~~ ~~a a g~ V _~± (°~ ~ c m n 3 e7 O ~ O m ~ x O a { D A ~ ° N m ~ TO i-. m W m0 N y m2 ~O " -. m A ^ IIIAI A MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney 1D# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 File No. 452.47193 PLANTERS BANK, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. MARK N. KAVISH and LISA A. KAVISH Defendants NO. 01-5079 PRAECIPE TO SUBSTITUTE PLAINTIFF TO THE PROTHONOTARY Kindly substitute Aurora Loan Services, Inc, assignee of the loan that is the subject of this Mortgage Foreclosure Action, as Plaintiff in place of the current Plaintff/Assignor, Union Planters Bank, N.A. The Assignment of Mortgage has been recorded with the Cumberland County Recorder of Deeds, Book 699, Page 3254. A copy of same is attached hereto as part of Exhibit "A". MATTLEMAN, WEINROTH & MILLER BY: Sharon Oras Mor n, squire #60068 -:. 3 ~~~~~ ~~~- PE~SYLVAI~TLA covNTY CUMBERLAND PARCET, No. 17-23-0565-065 POOL NO. LOAN No. 01 04 4 73 962 (8402026) ~~)~~)p~~~(~~~~~~~~~~~~~~~~~~1~~-~~~~1~ ~~PiS S I GNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that UNION PLANI~.:RS BAPIIC N.A. A NATIONAL BAUIICIlVG ASSOCIATICSV located at 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38016 hereinafter referred to as Assignor, for and in conaideration of the sum of ONE DOLLAR ($1.00) lawful money of the United States of America, together with other good and valuable consideration, to it in hand paid by Aurora Loan Services Inc. 601 5th Avenue, Scottsbluff, NE 69361 located at ~ hereinafter referred to as Assignee, at or before the delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold, assigned, transferred, conveyed and set over unto said Assignee, its successors and assigns, all of its right, title and interest in and to that certain Mortgage dated the 24th day of APRIL 1992 made and executed by MARK N. KAVISH Mortgagor, to GMAC MORTGAGE CORPORATION OF PA ,Mortgagee, covering premises situated in the 'County of CUMBERLAND Commonwealth of Pennsylvania, more particularly described therein and commonly known as: BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 Said Mortgage was duly recorded on the 29th day of APRIL 1992 in the office of the Register, Clerk of Recorder of Deeds of CUMBERLAND County, in Book 1063 at Page 53 I or rwcument No. of the Official Records of said Register, Clerk of Recorder of Deeds; together with that certain Note of even date and secured thereby in the principal amount of SEVII~T!'Y-SIX THOIISAI~llJ SIX I3CAIIDRED and 1W/100----- ($ 76 600.00 ) made and executed by mortgagor and payable to_the order_of the aforementioned Mortgagee..__.TO HAVE. AND TO .HOLD the Same unto said Assignee, its successors and assigns to its and their proper use and benefit forever. - Assignment from GMAC Mortgage Corporation of PA F/K/A Colonial Mortgage Service Co. to Leader Federal Bank for Savings A Federally Chartered Savings Bank recorded on 08/23/94, Book 480, Page 584. Illl~m~l~(I~n~~~lfi~ll~lln~ll~llll~l J=UP935.S.02780 Page 1 of 2 900K 6~~ PACE3~54 -.~ Loan No. 01 04 4 73 9 62 (8402026) IN WITNESS WHEREOF, the said UNION PLANTERS BANK, N. A. has caused these presents to be duly executed by its proper officer this 1 7111 day of DECII~ER 2 0 01 but made effective FEBRUARY 1, 2002 ~ UNION PLANTERS BANK, N.A. ,. F/K/A UNION PLANTERS NATIONAL B~TK svor aY it so r~»t Fi~AL Bn,HIt ~ SAVrn~s7 r, e BY Ir~ ~~~~~~- BY DIANA ANDERSON RU A SOM SECRETARY VICE PRESIDENT STATE OF IDAHO covNTr of BINGHAM On DECEMBER 17, 2001 before ~, JOAN COOK personally appeared RUANA RANSOM and DIANA ANDERSON personally ]mown to me (or proved to me on the basis of satisfactory evidence) to be the persons who execute the within instrument as VICE PRESIDENT and SECRETARY on behalf of UNION PLANTERS BANK, N. A. acknowledged to me that the Cozporation executed it Notary Public COMMISSION EXP. 02-16- I DO HEREBY CERTIFY THAT THE PRECISE ADDRESS OF THE ASSIGNEE RESIDENCE IB: _______________ When Recorded Return To: ______ ALIiOra Loan Services Inc. 6ii1 Jlil r_veuue --------------- P.O.Box 1706 ASSIGNMENT OF MORTGAGE ___ BETWEEN: UNION PLANTERSS_ BANK~_ N.A.____ --------------- --- _______ Scottsbluff; NE 69363-1706 _______ f~____Attn_ Antonia Ruiz _____________________________ --- --- AND MAIL T0: '~"^---- C=S. 451. 0001 P=S. 001.2780 (NMRI. PA.2) 9ooK 699 PACE3155 1 Ccl-t;fy this to be recorded TII Curll)erlalld County P1~ J=UP935. S. 02780 „~"~,~y~\ °~°~~"`~~~ ~~~~ ~Fr~.-~ ~'",~ Page 2 of ~~' . ~',, ` ~'"~``=' R corder of L~ee~s VICE PRESIDENT 4 ~ '~ Sy ~ ~~ YAi ~ •~~ ;1 `` ~ _ ~ G -. __• (.~ L ~~ + ...~..~ ~zgz~nr n~~,~3~ra ~~'~ ~ _ _ _ 8RlYAH~Rm~~!~a„erea ~- e-z^~ rs~n'~rtzi,~cerm_ s=xse,°.~R.'~YtagHp§ _ Cor rcr~"~ !~_e°"el' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ~ SS: I, Robert P. Zieeler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Aurora Loan Services is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 11th day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5079, at the suit of Union Planters Bank N A against Mark N Kavish & Lisa A is duly recorded in Sheriff s Deed Book No. 265, Page 2346. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 3©~_ day of A.D2004 of Deeds ,.~., . ,~ M MATTLEMAN, WEINROTH & MILLER, BY: BONNIE L. DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No. 948/57387 A AUG 0 9 2004 ~1 ~ UNION PLANTERS BANK, N.A: ( COURT OFCOMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. MARK N. KAVISH and LISA A. KAVISH, Defendants. NO: 2001-5079 ORDER GRANTING MOTION TO DECLARE-DEED NULL AND VOID This matter being opened to the Court by Bonnie L. Dahl, attorney for Plaintiff, upon a motion for Order declaring deed null and void and the court having reviewed and considered the papers submitted in cQ~nection with this matter and for good cause shown: i`~I`' ~zS IT IS on this day of ~ ~_G 2004, ORDERED that the transfer of property known 22 East V '~ ~~ Simpson Street, Mechanicsburg, Pennsylvania, by deed dated December 10, 2003, -and and recorded with the Recorder of Deeds of Delaware on January 20, 2004, wherein Thomas Kline, Sheriff is the Grantor and Secretary of Housing and Urban Development is the Grantee; is hereby declared null and void and the Sheriff shall re-issue a deed in the name of Aurora Loan Services, Inc. ~ - -~-1 ((pwK 1~asrs,E~~s ~Ta~Cles ~, s~-~,ll~' c~nv cS zrlsu o~~' ~ `ass ord.eJ' 5~,~~I ~~- ~o~Jn~ ~a-i tAt1~'6uZ ~©v-i SUVrccsr ~~c`, 1 .~ `J. ~~ . O~ ~~ r ~ d y ~ ~i I ~ ~ ~,^-, 1.;;: ta; ' ~4t iQ =i;7'~;a; , 't~'~a MP,TTLEMAN, WEINROTH & MILLER, BY: BONNIE L. DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File Nc. 948/57387 UNION PLANTERS BANK, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. NO: 2001-5079 MARK N. KAVISH and LISA A. KAVISH, Defendants. MOTION FOR-ORDER DECLARING DEED NULL AND VOID To the Honorable Judges of said court: And now, comes Plaintiff, Union Planters Bank, N.A., by its attorney Bonnie L. Dahl, Esquire, and moves this honorable court for an Order declaring the Sheriff's Deed dated January 20, 2004, conveying property known as 22 East Simpson Street, Mechanicsburg, Pennsylvania, to Secretary of Housing and Urban Development as null and void and avers in support thereof: 1. Plaintiff filed suit against Defendants in mortgage foreclosure on or about August 30, 2001, (a true and correct copy of complaint is attached as Exhibit "A" to the Brief in Support of this Motion) 2. Plaintiff obtained default judgment on December 10, 2003 in the amount of $83, 019.99. 3. The property was sold back to the Plaintiff at the sheriff sale held on December 10, 2003. 4. The Sheriff's Deed was mistakenly conveyed to the Secretary of Housing and Urban Development. 5. The defective deed was recorded on January 20, 2004 at the Recorder of Deeds office in Cumberland County granting and conveying the property to the Secretary of Housing and Urban Development.- Wherefore, Plaintiffs requests the Court enter an Order declaring the January 20, 2004, Sheriffs Deed null and void,requests this court to enter an Order declaring.the January 20, 2004 Sheriff's Deed null and void and for the sheriff to reissue a deed in the name of Aurora Loan Services, Inc. Dated: $/2l~ (/ MATTLEMAN, WEINROTH & MILLER "Bonnie L. Dahl, Esquire Attorney I.D. #79294 2 MATTLEMAN, WEINROTH & MILLER, BY: BONNIE L. DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034. (856)429-5507 Attorneys for Plaintiff Our File No. 948/57387 UNION PLANTERS BANK, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. MARK N. KAVISH and LISA A. KAVISH, Defendants. NO: 2001-5079 BRIEF IN SUPPORT OF MOTION TO DECLARE DEED NULL AND VOID Statement of Facts Plaintiff filed suit against Defendants in mortgage foreclosure on or about August 30, 2001 (a true and correct copy of complaint is attached hereto as Exhibit "A") 2. Plaintiff obtained default judgment on May 28, 2003 in the amount of $83,019.99. 3. The property was sold back to the Plaintiff at the. sheriff sale held on December 10, 2003. 4. The deed was recorded on January 20, 2004- at the Recorder of Deeds office in Cumberland County granting and conveying the property to the Secretary of Housing and Urban Development. 5. Plaintiff needs the deed to be recorded and the property granted and conveyed in the name of Aurora Loan Services, Inc. 6. The subject motion only seeks to void the Sheriff's Deed that was issued frbm the sale and reissue a new deed under the name of Aurora Loan Services, Inc. ,~:~~: of CONCLUSION Wherefore, Plaintiffs requests the Court enter an Order declaring the April 16,1999 Sheriffs Deed null and void and the sheriff reissue a new deed in the name of Aurora Loan Services, Inc. and order the Recorder of Deeds to index this transfer. MATTLEMAN, WEINROTH & MILLER onnie L. Dahl, Esquire Attorney I.D. #79294 Dated: g- JZ~~~ 2 EXHIBIT "A" s~~~~~~~ MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUII2E Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (ZIS) 923-2225 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 Plaintiff ~s. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 AND LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: ~~- Sa7~ ~~~~~`~. CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT Defendant(s) cn _ ,-~ c. _ __... __ ~i- u : ".. ' ' ~=~ '; ~-; . _! y' C '~ _ ~~ - ~ ~ r , ~ NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice aze served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You aze warned that if you fail to do so the case may proceed without you and a judgement maybe 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 BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 717 249 3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT *~*~*~*~~xxm~*xmmr~**~~~~sm~~*xx*~*xxm~~**x*x~:x~~**sa~*~~~**~~~~*s~*x~x=:~~~~*~~ 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. - ~~.. MATTL$MAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215)923-2225 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 Plaintiff vs. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 AND LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT Defendant(s) MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff vs. MARK N. KAVISH 22 EAST SIIvIPSON FERRY ROAD MECHANICSBURG, PA 17055 No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT AND LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant(s) CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT' 1. Union Planters Bank, N. A. (hereinafter referred to as "Plaintiff') is a mortgage corporation, conducting business under the laws of the Commonwealth of Pennsylvania and brings this action to foreclose in the Mortgage executed between Mark N. Kavish and Lisa A. Kavish, mortgagors hereinafter referred to as "Defendants" and GMAC Mortgage Corporation of PA. Said Mortgage is dated Apri124, 1992 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County, Pennsylvania on Apri129, 1992 in Mortgage Book 1063, page 331. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit .~A„ 2. Said Mortgage was subsequently assigned as follows: a. to Leader Federal Bank for Savings, recorded on August 8, 1994 in Book 480, page 5$4. Plaintiff is proper party by way of an Assignment to be recorded. 3. The Mortgage secures Defendants' Note dated Apri124, 1992 in the amount of $76,600.00 payable to Plaintiff in monthly installments with an interest rate of 7.500%. A copy of the Note is attached hereto and made a part hereof as Exhibit "B". 4. The land subject to the mortgage is: 22 East Simpson Ferry Road, Mechanicsburg, PA 17055. A copy of the legal description is attached hereto and incorporated by reference. 6. The Defendant(s), Mark and Lisa Kavish are the Real Owners of the land subject to the mortgage. The Defendant(s) mailing address is 22 East Simpson Ferry Road, Mechanicsburg, PA 17055. 7. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. The following amounts are due: Principal Balance $ 66,631.42 Interest Calculated to August 17, 2001 $ 1,870.05 Attorney Fees $ 3,331.57 Total $ 71,833.04 plus interest from 08/18/01 at $13.65 per day, costs of suit and attorney fees. The Defendants have not cured the default. WHEREFORE, Plaintiff requests the court enter Judgment in Mortgage Foreclosure for the sale of the mortgage property in Plaintiff s favor and against the Defendants, in the sum of $71,833.04 together with interest from 08/18/01 at $13.65 per day, costs of suit and attorney fees. MATTLEMAN, WEINROTH & MILLER BY: Sharon Oras Morgan, sq e #60068 948/57387 EXHIBIT "A" ,,, fir;/,' ., ~.. t ~; -i:cnnerB-GfPlce e:' ~„~: ,:coi,ol:' DF uLLta ^~~~"'cBL1P;;; COUIJTY-PA. '^^ fIPR 23 PSI 2 00 / ~7b yy~ -oa ~`_l ~ ~~'~~y~ ~~ ~, uTs h IRpeee Ahave Thb Lfne For Recording Dalel LOAN NO r 1-$78440-22 FHA Case No. Commonwealth of Penrtsydvan)a MORTGAGE - 441-440$43-0 729 THIS MORTGAGE ("Security Instrument") is given on APRIL ~ 4 , 1992 The Mortgagor is MARK N. KAVIHH whose address is 22 EAST SIMP50N STREET MECHANICSBURG , PA 170$$ , C'Borrower"). This Security Instrument is given to GMAC MORTGAGE CORPORATION OF PA . which is organized and existing under [he laws of PENNSYLVANIA ,and whose address is 8360 OLD YORK ROAD - ELKINS PARK, PA 19117-1$90 ("Lender"). Borrower owes Lender the principal sum of SEVENTY-SIX THOUSAND SIX HUNDRED AND 00/100 ********************************"********** Dollars N•S. S 76, 600.00 ). 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 MAY O 1, 2022 ~ .This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6lo protect the security of [his Security Instrument; and (c) [he performance of Borrower's covenants and agreements under this Security Instrument and [he Note. For [his purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND f County, Pennsylvania: ACCORDING TO SCHEDULE "A" ATTACHED HERETO AND MADP. A PART HEREOF which has the address of 22 EAST SIMPEON STREET MECHANICSBURG n (Street, cityl, Pennsylvania 170$5 [z'tt' Codel, ("Property Address"); ' TOGETHER WITH aII the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gad rights and profits, water rights and stock and all fixturEs now or hereafter a part of [he property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred [o in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 1. Payment of Prlncipelr Interest and Lale Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Paymenle of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the No[e and any Tate charges, an installment of any (a) taxes and special assessments levied or to be levied against t}tc Property, (b) leasehold payments or ground rentx on 4hc Property, anti (c) premiums Pot insurance required by paragraph 4. Each monthly installment for items (a), (b), and (c) shall egpal one-twelfth of Ilte annual amounts, as reasonably estimated by Lender, plus ar, amount sufficient to maintain an additional balance of not mbre tpan one-sixth of the estimated amounts. the full annual amount (or each item shall be accumulated hY Lender within a'period ending one month before an item would become delinquent. Lender shall hold the amounts collected in trust to payitems (a), (b), and (c) before they become delinquent. If at any time the total of the payments held by Lender for items (a), (b), and (d, together with the future monthly payments for such items payable to Lender prior to the due dates of such items, exceeds by more than one-sixth the estimated amount of payments required to pay such items when due, and if payments on the Note are current, Then Lender shall either refund the excess aver one-sixth of the estimated payments or credit the excess over one-sixth of the estimated payments to subsequent payments by Dorrower, at the option of Borrower. If the total of the payments made by Borrower for item (a), (b), or (c) is insufficient to pay the item when due, then borrower shall pay to Lender any amount necessary to make up the deficiency on or before the date the item becomes due. Aa used in this Security Instrument, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. In any year Sn which the Lender must pay a mortgage fnsuranw premium to the Secretary, each monthly payment shall also include either: p) an installment of the annual mortgage insurance premium to be paid by Lender to the Secretory, or (ii) a monthly charge instead of a mortgage insurance premium d this Security instrument is held by the.Secrelary. Each monthly installment of the mortgage insurance premium shall be in an amount suFBcient to accumulate the full annual moRgage insurance premium with Lender one month prior m the date the full annual mortgage insurance premium is due to the Secretary, or if this Security Instrument is held by the Secretary, each monthly charge shall be m an amount equal to one-twelfth of one-halt pprcent of the outstanding principal balance doe on the Note. If Borrower tenders to Lender the full payment of all sums secured by this Security Instrument, Dorrower's account shall be credited with [he balance remaining for all installments for items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not becomeobligated to pay [o the Secretary, and Lender shall promptly refund any excess funds to Borrower. immediately prior to a tocecbsure sale of the Property or its acquisition 6y Lender, 8orrowe~ s account shall he credited with any balance remaining for all installments for items (a), (b), and (c). J, Application of Payments. All payments nnder paragraphs 1 and 2 shall he applied by Lcndcr as follows: Pte, to Ole mortgage insurance prwninm to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any tares, special assessments, leasehold payments or ground rents, and fire, Rood and other hazard insurance premiums, as required; Third, to interest due under rite Note; ~ Pourlh, to amortization of the principal of the Nole; Fi th, to Tate charges due under the Note. 4. Fire, Flood and Other Hezerd Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently ereced, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements ott the P[oper[y, whether now in existence or subsequently erected, against loss by Roods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in ravor of, and in a form acceptable to, Lender. In [he even[ of loss, Borrower shall give Lender immediate notice by mail. Lender may make ggqqqq******oof o(loss if not made promptly by Borrower. P.ach ipsurance company concerned is hereby au[horiud and directed to mega payment for such loss directly'to Lender, instead of to Borrower and to Lender jointly. Ali or any part of the insurance bproceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under [he Note gqrid this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and then [o prepayment oY principal, or (b) to the restoration ur repaif of the damaged properly. Any application of the proceeds to the principal shell not extend or postpone llre due date of the monthly payments which ale referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes [he indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. tccupancy, Preservation, Maintenance and Protection of Bse Property; Borrowers Loan Application; Leaseholds. Ilorrowet shall occupy, establish, and use the Properly as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to oceupy the Property as Borrower's principal residence for al Ieest one year after the date of occupancy, unless the Secretary determines this requimment will cause undue hardship for Borrower, or unlew extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not wmmit waste or destroy, damage or substantially change the Property or allow the Properly to det¢norate, reasonable wear and tear excepted. Lender may inspect the Property i[ the Property is vacant or abandoned or the loan is in default Lender mny take reasonable action to protect and preserve such vacant or abandoned Properly. borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or stetemenls to Lender (or failed to provide Lender with any material infonnalion) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrowers occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. if Borrower acquires fee lisle to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. n 6. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that ale not included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request borrower shall promptly furnish tQ, Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required 6y Paragraph 2, or fails to perform any other covenants and agreements contained in tbis Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Properly (such as a proceeding in bankruptcy, For condemnation or to enforce Taws or regulations), then Lender may dv and pay whatever is necessary to protect the value of ehe Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. 7. 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 the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrumenq first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. i Any application of the proceeds to Ilre principal shall not <ztend or arc-referred to in Paragraph 2, or change the amount of such pay pay all outstanding indebtedness under the Nate and this Security Ins( pnstpohg,Jnerj44 pa{{q oL tht~monthly payments, which mcnts. Atrp ~xElSs+(rrd~:ebds.dy~(+an amain( required to rumnu shall be Paid to the entity legally entitled [hereto. ~8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Dehl. (e) Defeull. Lender may, except as limited by regulations issued by Lire Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument iC (i) borrower defaults by failing to pay in full any monthly payment required by this Security Instrument Prior to or on the due date of the nett monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Wilhoul Crldit Approval. Lender shall, if permitted by appliable law and with the prior approval of the Secretary, require immediate payment m full of all sums secured by this Security Instmment iE (i) All or part of the Property, or a benefidal interest in a lmst owning all or part of the Property, is sold or otherwise Uansferted (other than by devise or decent) by the Borrower, and (ii) The Property is not occupied by [he purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Properly, but hrs or her cralil has not been approved in accordance witfi the requirements of the Secretary. (cl No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. Id) Regulations of HUD Secretary. In many circumstances regulations issued 6y the Secretary will limit Lender's rights in the case of payment defaults to require immediate payment in full and foreclose if not paid. This Security Instrument does no[ authorize acdeleration or foreclosure if not permitted by regulations bf the Secretary. (e) Mortgage Not Insured. Borrower agrees shat should this Security Inswment and the Note secured thereby not be eligible for insurance under the National Housing Act wilfiin sixty (60) days from the date hereof, Lender may, at ns option end notwithstanding anything in Paragraph 9, require immediate payment in toll of all sums sreumd by this Security InsWment A written statement of any authorized agent of the Secretary dated subsequent to sixty (60) days from the date hereof, declining to insure this Security Instrument and the Note natured thereby, shall be dcemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender s failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of borrower's failure to pay an am1nount due under [he Nole or this Security Instrument. This right applies even after foreclosure proceedings are instituted. Tolreinstate lire Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent [hey are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly assaaated with the foreclosure procceding. Upon reinstatement by Borrower, this Shntrity Instrument and the obligations that it secures shall remain in effect as if lender had not required immediate Dayment in full. Howeveq Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding [he commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Nol Released; Forbearance lly Lender Nola Waiver. Extension of the time of ' ayment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any success r to interest of Borrower shall not operate to release the liability of the original Dorrower or Borrower's successor in interest. L nder sfiall not be required to commence procredings against any successor in mteresl or refuse to extend lime for payment or olherwiu modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12'. Successors end Assigns Bound; Joint and Several Liability; Co43igners. The covenants and agreements of this Security Instrument shall bind and benefit the successors antl assigns of Lender and Borrower, subject [o the provisions of paragraph 9.b. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this 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. Segrtity Instrument; (b) is not personally obligated to Pay [he 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 lerlns of this Security Instrument or the Note without that Bortower s consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless aDPlicable law requires uge of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice tb Lender. Any notice to Lender shall be given by first class mail to Lender's address slated herein or any address Lender designates by notice [o Borrower. Any notice provided for in this Security Instrument shall be dCemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severabilily. This Secdrily Instrument shall he governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the No[e conflicts with applicable law, such conflict shall not affect other Orovisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this antl the provisions of this Security Instrument and the Note are declared to be severable. r I5. Borrower's Copy. Borrower shall be given one conformed copy of this Security Ins[hment. 16. Assignment of Rents. Borrower uncandilionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of ehe Property to pay the rents to Lender•or Lender's agents. However, prior to Lender's notice to Borrower bf Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive ell rents and revenues of the Property as trustee far the benefit o(-Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice.of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee far benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 1h. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially aPPOinted receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any ~defatrlt or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when [he debt secured by the Security Instrument is paid in full. bDOK 1063 PA6f 5,9a Loan No 1-578440-22 17. Foreclosure Procedure If Gender requires immediald payment in full under paragraph 9; Lender may foreclose This Security Instrument by judicial proceeding. Lender shall be enOlied to collect all expenses incurred in pursuing Ore remedies provided in this pamgraph 17, irrcludmg, but not limited lo, attorneys' fees and coals of Otle evidence to the extent permitled by appHcabte taw. 18. Release. Upon payment of all sums secured by thu Security Instrument, this Security Instrument and the estate conveyed shall terminate and becomo void. After surfi occurtence, Lender shell discharge and satisfy this Security Inswment without charge to Borrower. Borrower shag pay any recordation vests. 19. Waivers. Borrower, to the extent permined by applicable law, waives and releases any error or defecLS in proceedings to enforce this Security Instrumen4 and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, ~lery and sale, and homestead exemption. 20. Reinslalemenl Period. Borrower's time [o reinsmm provided in paragraph 10 shall extend to one hour prior to the wmmencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 2l. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is Ienl Io Borrower to acquire Otle to the Property, this Security Inshument shall be a purchase money mortgage. 22. Interest Rale After dudgmenl. Borrower agrees that the interest •a[e payable aher a judgment is entered on the Note or in an action oC mortgage torerlosure shall be the rate payable from fime to Ome under the Note. Rlders to this Security Instrument. if one or more riders are executed by Borrower end recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were in a part of [his Security Instrument. [Check applicable box(es)] Condominium Rider 0 Adjustable Rate Rider Q Growing Equity Rider Planned Unit Development Rider ~ Graduated Payment Rider ~ Other (specify) 8Y SIGNING BELOW, Borrower accepts and agrees [o the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. ~~7 // a Witnesses: // (/ ~ /~ (Seal) MARK N. ICAVIRIL -Borrower (Seal) /' -Bormwar (SCeI) -Borrower (Seal) ~ i -Borrower Page 4 0/4 COMMONWEALTH OF PENNSYLVANIA, DAOPHIN County ss: On thu, the J v'ry day of APRIL , 1992 ,before me, the undersigned oRcer, personally appeared MARK N. KAVIBH known to me (or seti~famodiy proven) to be me person(s) whose name(s) IS subscribed to the within instrument and acknowledged that HE ezecuted the same Eor the purposes herein contained. IN WITNESS WHEREOFI, [hereunto set my harW and olrcinl scat. ~ . .-~ . rl~lialC~J r 6 Idaw s. smsf4rblary PaMu '.;~ r.~t r ,- tlarasdi~g,[)auqnntAuily ~ ,~ '+ i it W , aryrAmmsacn F.xpms MayzL Ul9n J, -.~_h enber, PemnYxanleAasaxaaraol rlnlaiiea .,.r '.-. 1.~,v :~.~i;.~'. . ...qs..,,,.,.,. CERTIFICATE OF RESIDEN~E 1, ~du~`~"~ hereby certify that the correct address of the within-named lender is 8360 OLD YORK ROADr B,LlKJrzINS PARK, PA 19117-1590 witness my hand this ~7' day of APRIL 1992 ;,,,;,,,, „ , __.,_- G~~-"' BBBK1Ofi3 FACE ~~~ LOAN F: 1-578440-22 FHA Case No, 441 -440543-0 729 ADJUSTABLE RATE AIDER THIS ADJUSTABLE RATB RIDER is made this , N~• day of APRIL , 1992 and is incorporated into and shall be deemed to amend-and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note")~to GMAC MORTGAGE CORPORATION OF PA . (the "Lender") of the same date and covering the property described in the Security Instrument and located at: , 22 EAST SIM PE ON STREET , MECHANICSBU RG , PA 17055 (Property Address) TFIE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND TH6 MONTHLY PAYMENT. THE NOTE LIMITS THE ANOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND TH6 MARIMUM BATH THE BORROWER MUST PAY. ADDITIONAL COVENAN'!/5. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of JULY 19 93 and on that day of each succeeding yeaz. '•"Change Date" means each date on which the interest rate could change. ~~~ (B) The Index I Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekly average yield on United States Treasury Securities adj usted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph 7(B) of the Note). Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin) of TNO AND 50/100 percentage points ( 2.500 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0.125X). Subject to the limits stated in Paragraph 5(D) of the Note, this rounded amount will be the new interest rate until the next Change Date. ., (D) Limits on Interest Rate Changes The interest rata will never increase or decrease by more than one percentage point (1.0X) on any single Change Date. The interest rate will never be more than £ive percentage paints (5.0X) higher or lower than the initial interest rate stated in Paragraph 2 of the Note. " (E) Calculation of Payment Change If the interest rate changes on a Change Dale, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the maturity date at the new interest rate through subs tantielly. equal payments. In making each calculation, Lender will age the unpaid principal balance which would be owed on the Change Date if there. had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this-calculation will be the amount of the new monthly payment of principal and interest. FHA MULTISTATE ADJUSTABLE RATE RIDER 2/91 FMU •ARM-R '1/2 Rev. 4/91 Page 1 of 2 noDXtQf3 FADE ~a~ :,~ (F) Notice of Changes ~ Lender will give notice to Borrower of any change in the interest rate and monthly payment amount.- The notice inua t~be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Ghange Date, (iii) the old interest rate., (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Effe9ctive Date of Changes A new interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of the Note will become effective on the Change Date. Boxrowex shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lenderhas given Borrower the notice of changes required by Paragraph 5(F) of the Note. Borrower shall have no obligation to pay any increase In the monthly payment amount calculated in accordance with Paragraph 5(E) of the Note for any payment date occurring less than 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with paragraph 5(E) of the Note decreased, but Lender failed to give timely i}a tire~of the decrease and Borrower made any monthly payment amount exceeding Lhe payment amounts which should have been stated in a Cimely notice, then Borrdwer has the option to either (i) demand the return to Borrower of any exces)3 payment, with interest thereon at the Note rate (a rate equal to the intexest`,rape which should: have been stated Ln a timely notice), or (i i) Yequest that akry, excess payment, with interest thereon at the Note rate, be applied as payment of jirincf,pel. ~ Lenders obligation to return any excess payment with interest Cn demand 1s not assignable even if the Note is otherwise assigned before the demendfor return is made. BY SIGNING BELGW, Boxrowex accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. (SEAL) Borrower (SEAL) Borrower - ~mbP.rland) ' „ ..' in t office for the r ngd or t DacJs I - ,.. ,,.,~'or Cu purl- nunfV. Pa. ~ ,..^.;'. rn nd and ss: I office of 4.u li~al ., ,~ Lhis . du t 19-__ Hecordor FHA MULTISTATE ADJUSTABLE RATE RIDER 2/91 FMU-ARM-R ~2/2 Rev. 4/91 L~ ~f~ I (SEAL) MARK N. KAVISH Borrower (SEAL) BOTCOWQT Page 2 of 2 HDDN ~.(~Fi3 fdGE ~)r7fi .._~ Alw.c~vu~: .. ..-.-.__. __.. _. ..~~.... .. ~...... ..-. NNSYLVANIA as/ wrvrV CUMBERLAND BOROUGH MECHANICSBURG IAN No. 220229462 ~ i / 30 i1' RT P. ZI[GLEB NL No. 814498 '~~°14o~Vi ftECORDEIt OF UEEUS ASSIGNMENT OF MORTGA ,~f1t6EaLaNU COUNTY-PA IOW RLL MEN NY THESE PRESENTS, that sawn wwnomAf:F CORPARATIONI<OF~IPA 3 fl~ 11191 ~cated at 8360 OLD YORK ROAD, cl tn~_ Ny-_c t•aNrarsR- Yq 1 Frei nafter referred to as Assignor, for and in consideration of the sum of ONE OOLLAR ($1.00) lawful money of the cited States of America, together with other good and valuable consideration, to it in hand paid by IFanFR _ n~ ~ _ ercncn CAVIN -C RANK dated at +sa newnim ~ wvrai~ RwcnwowS TN 38103 ~reinafter referred to as Assignee, at or hefore the deNvery of these presents, the receipt of which is hereby :knowledged, has granted, bargained, sold, assigned, transferred, conveyed and set over unto said Assignee, -.s successors and assigns, all of its right, title and interest in and to that certain Mortgage dated the tam iy of APRIL 1992 made and executed by MARK N. KAVISH Mortgagor, to C-MAG MORTC.AC•E CORPORATION OF PA ,Mortgagee, covering premises situated in the County of :TIMBERLAND ,Commonwealth of Pennsylvania, more particularly described therein and coimnonly known as: BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 .id Mortgage was duly recorded on the ,29th day of APRIL 19 ~~ in the office of .e Register, Clerk of Recorder of Oeeds of CUMBERLAND County, in Book 1083 Page 531 or Document No. or with Pin 9 17_23-0585-085 of the Official cords of said Register, Clerk of Recorder of Deeds; together with that certain Note of even date and secured Hereby in the Drincipai amount of (E 7_jI,60000 _ )made and executed by mortgagor and payable to the order ' the aforementioned Mortgage. TO HAVE ANO TO HOLO the same unto said Assignee, its successors and assigns to sand their proper use and benefit forever. WITNESS WHEREOF, the said .MA - MORT .AL,`E GORPI s caused these presents to be duly executetl by its proper t made effective NOVEMBER I, 199J ASSISTANT SECRETARY ATE OF MARYLAND ~e~ P~Nt o CVLUNIAL MUNT,JtiA-GpEp SERVCCI ~'A~T;,~z~+e ~~ ~r 1968 tip : ~~ruplE'HEBB 'SYLVAN, ~ J ,, VICE PRESIDENT • * ... d nnnnm'n°~~ `COUNTY OF FREDERICK this, the Ism day of AUGUST 1994 ,before me, JANE EYLER ,the ders99ned officer personally appeared MAE HEBB and CARL GERSTENBERG o acknowledged themselves to be the VICE PRESIDENT and ASSISTANT SECRETARY of GMAC MORTGAGE CORPORATION OF PA d that as such MAE HEBB and CARL GERSTENBERG ,being authorized to do ,executed the foregoing instr ment for the purposes therein contained by signing the name of .the corporation by emselves as VICE PRESIDENT and ASSISTANT SECRETARY ~' „~„eenn„ witness whereof, I hereto set my hand and off l<ial seal. ~,n°sN _,,,.....,~ f'n~ Notary r1orARY PU6LIC e assignor hereby certifiesi~ ASSIGNMENT OF MORTGAGE w„nvw'~ LEADER FEDERAL BANK FOR SAVINGS BETWEEN: GMAC MORTGAGE CORPDflAiION OF PA . ecise residence is: I58MADfSONAVENUE. AND LEADER FEDERAL BANK FOR SAVINGS EMPNiS. TN 38103 MAfL T0: ONTRAK ASSIGNMENT SERVICE ~rnGP~ ~~ P.O. BOX 3829 MdE HEBB FREDERICK, MD. 21705.3829 VICE pRFRIDF.NT ~~~ aJ..~.~-. ~~ _....-..... .. .... .. ~.... ...-_ ._...._-.. -~... ....- NNSYLVANIA F I luxiv CUMBERLAND BORO H MECHANICSBURG IAN x0. 220229462 ry ~ /T)~~~~ j ' IOL N0. 814498 l( J( `7"V (7/ ASSIGNMENT OF MORTGAGE i IOW ALL MEN OY THESE PRESENTS, that ^ •-^^-•• ^•' ° `^^ ^^"• ^' • "^`""""^°"°"°`^ `"v'Nrc BANK Icated at '^^'"'^' ^`/ a°"AIUE MEMPHIS, T"' °810? :reinafter referred toms Rs$ignor, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful money of the cited States of America, together with other good and valuable consideration, to it in hand paid by °arc ia~CTR11MFNi411TV OF Icated at ~ N ROOM 81D0, p'aCHINt^TON n C 00410 9000 ~reinafter referred to as Assignee, at or before the delivery of these presents, the receipt of which is hereby :knowledged, has granted, bargained, soid, assigned, transferred, conveyed and set over unto said Assignee, !s successors and assigns, all of its right, title and interest in end to that certain Mortgage tlated the zaln ly of APRIL 199 made and executed by mm~ov N «e VISH ,Mortgagor, to AMAC MORTI:ATRF CORPORATION OF PA ' ,Mortgagee, covering premises situated in the County of `TIMBERLAND ,Commonwealth of Pennsylvania, more particularly described therein and tommniy known -as: BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST S/MPSON STREET, MECHANICSBURG, PA 17055 lid Mortgage was duly recorded on the 29th day of APRIL 19 _~_ in the office of le Register, Clerk of Recorder of Deeds of GUMBERLANp County, in Book 1063 t Page 531 or Document No. or with Pin / 17.2?.OSRS-OR5 of the Official acords of said Register, Cierk of Recorder of Deeds; together with that certain Note of even date and secured lereby in the principal amount of ($j);,800-00 )made and executed by mortgagor and payable to the order F the aforementioned Mortgage. TO HAVE AND TO HOLD the same unto said Assignee, its successors and assigns to is and their proper use and benefit forever. V WITNESS WHEREOF, the said AD R F D RA BANK F as caused these presents to be duly executed by its proper It made effective NOVEMBER 1. 199J V ~.~f„( 1J ~ ' ' w ^ `~ (r>C9J-Y~~.,,, t(JA CCC/YI'.1ALVJK6 ///ER /~OR SAVINGS RY BONNIE STE OUSE ROBERT B. ADAMS ASSISTANT VICE PRESIDENT VICE PRESIDENT rprE of TENNESSEE n this, the _ day of ndersigned officer personally appeared ho acknowietl9ed themselves to he the VI( LEADER FEDERAL BANK FOR SAV/P nd that as such ROBERT B. ADAMS ~, executed the foregoing instrument for hemselves as VICE PRESIDENT couxrv of SHELBY before me, MARY WHEELER ,the 3. ADAMS end BONNIE STENHOUSE SENT end ASSISTANT VICE PRESIDENT Of HOUSE being authorized to do by signing the name of the corporation by meernem I n witness whereof, I hereto set my hand Notary Public 'L'O~~Nc he assignor hereby certifies; qS5 [GNMENT OF MORTGRGE ' GOVERNMENT NATIONAL MORTGAGE ASSOCIATION BETWEEN: IEADER iEDERALIBANK FDR SAWNGS revise residence is: 4517TH STREET SW. ROOM AND GOVERNMENT NATIONAL MORTGAGE ASSOCIATION ' ;100. WASHINGTON, O.C. 20410.9000 ROBERT B. ADAMS 1/if`C ppFCIfaLNT MAIL T0: LEADER FEDERAL BANK FOR SAVINGS 158 MADISON AVENUE MEMPHIS, TN 38103 EXIIIBIT "B" MULTISTATE FHA Cese No. 441-440543-0 X148 LOAN N0. 1-578440-22 ' .i2(j i APRIL a y 19 92 22,EAST SLMPS ON STREET , MECHANICSBURG , PA 17055 ' - (Property Address) 1. PASTIES "Borrower"means ,each person signing at the time of this Note, and the person's successors end assigns. "Lender" means CMAC MORTGAGE CORPORATION OF PA and Lts successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In xetuTn fox a loan received from Lender, Borrower promisee to pay the principal sum of SEVENTY-SIX ~NOUSAND SIX HUNDRED AND 00/100 ********************'''********* Dollars (U.S. $ 76,600.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at a rate ofS EVF,N AND 50/100 percent ( 7.500 %) per year. The interest rate may change in accordance with Paragraph 5(C) of this Note. 3. PROMISE TO PAY SECURED Borrower's promise to pay 13'secured by_a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument. protects the Lender from losses which might result if borrower defaults-under this~Note. ~ 4. MANNER OF PAYMENT (A) Time Borrower shall make. a. payment of prihc ipal and interest to Lender on the first day of each month beginning~on JUNE O1 ~ 1992 pny principal and interest remaining on the first day of MAY 2022 ,'will be due on that date, which is called the maturity date. (B) Place Payment shill be made at 8360 OLD YORK ROAD ELKINA PARK, PA 19117-1590 or at such other place as 'Lender may designate in writing by notice to Borrower. (C) Amount Initially, each monthly payment of principal and interest sill be in the amount of $ 535.60 This amount will be part of a larger monthly payment required by the Security Instrument that shall be applied to principal, interest and other items iq the order described in the Security Instrument. This amount may change in accordance with Paragraph 5(E) of this Note. 5. INTEREST RATE AND MONTHLY PAYMENT CHANGES n (A) Change Date The interest rate may change on the-first day of JULY 1993 and on that day of eachsucceeding year. "Change Date" means each date on which the interest rate could change. (B) The Index - " Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as aiade available by the Federal Reserve Board. "Current Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as defined~~above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph 7(B)). Lender will give Borrower notice of the hew Index. FHA MULTISTATE ADJUSTABLE RATE NOTE 2/91' " FMU-ARM-N 1/3 Rev.4/91 Page I of 3 <' (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of '1W0 AND 50/100 percentage points ( 2.SD0 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Paragraph 5(D) of this Note, this rounded amount will be the nee interest rate until the next Change Date. (D) Limits on Interest Rnte Changes The in[ere#t rate will never increase oY decrease by more than one percentage point (1.0%) on any single Change Date. The interest rate will never be more than five percentage points (5.0X) higher or lower than the initial interest rate stated in Paragraph 2 of Chia Note. (E) Calcviatlon of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the maturity date at the new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Data if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be ,the amount of the new monthly payment of principal and inteies t. (F) Notice of Changes Lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice moat be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may ba required by law from time to time. (C) Effective Date of Changes A new interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will become effective on the Change Date, Borrower shall make a payment in [he new monthly amount beginning on the first payment date which occurs at least 25 days afteY Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) o£ this Note foz any payment date occurring less than 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with paragraph 5(E) of this Note decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to [he interest Yale which should have been stated in a timely notice) or (i i) request that airy excess payment, with intezest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest on demand Ss not assignable even if this Note is otherwise assigned before the demand for return ie made. BORROWER'S RZGHT TO PREPAY Borrower has the right Co pay the debt evidenced by this Note, in whole or in part, without charge ox penalty, on the first day of any month. BORROWER FAILURE TO PAY (A) Late Charge for Ovardve Payments r If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of percent (4.00 %) of the overdue amount of each payment. (B) Default I ~ If Borrower defeults~by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, Yequire immediate payment 3n full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its Yighta in the event of any subsequent default. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban development or his or her designee. F1N MULTISTATE ADJUSTABLE RATE NOTE 2/91 ~, ~ FMU-ARM•N 2/3 Red. 4/91 Page 2 of 3 ?~F:Y,Ir'~~H1piYAR LOAN lllrRi!tl^5&T$/(~;c;(~A0~r "t6lki (C) Payment of Costs and Expenses , \ If Lender has required immediate payment in full, as described abo~q„A,L~dgY~ay, require Borrower to pay costs and expenses including reaso~~e'i:+gna cri'sEdlda}y 7M1~.~^^~ attorney's fees for enforcing this Note. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 8. WAIVERS ,. - Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to Tequire Lender to give notice; to other persons that amounts due have not been paid. 9. GIVING OF NOTICES ~ ~ "'" ~, Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by'fixst class mail to Borrower at the property address above or at a different address if Borrower hoe given Lender a notice of Borrower's different address. Any notice that must be given to Lender uttder this Note will be given by fiTSt class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address, 10. O$LICATION OF PERSONS UNDER THIS NOTE If more then one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note ie also obligated to do these things. Any person who takes over these obligations, LncludLng the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promisee made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required [o pay all of the amounts owed under this Note. i BY SIGNING BET1CIW, Borrower accepts and agrees to the terms and covenants contained in this Note. ~ ii~~LR~7G. ~/L ~"~4-C`_ (SEAL) MAA K~ Boamer ~~- .- FHA MULTZSTAT6 ADSUSTABLE RATE NOTE 2/91 FMU-ARH-N 3/3 Rav. 4/91 (SEAL) Borrower (SEAL) Borrower (SEAL) Borrower Page 3 of 3 ,, PAV TC T ~1E ORDFA DF ~~ W~'i F~uU: R~GGZIM~? ~ ~ ~ . . LEADER fEDERAI LANK FOfi SAVINDS . Hot/ei1 rJ. Aclar~s Vlco Prisi~;ent ,,. VERIFICATION I, BONNIE L. DAHL, ESQUIRE, counsel for Plaintiff hereby verify the statements set forth in the within pleadings are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. § 49Q4, relating to unsworn falsification to authorities. MATTLEMAN, WEINROTH & MILLER BONNIE L. DAHL, ESQUIRE / Attorney I.D. No. 79294 Dated: ~/~Q MATTLEMAN, WEINROTH & MILLER, BY: BONNIE L. DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No. 948/57387 UNION PLANTERS BANK, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, v. MARK N. KAVISH and LISA A. KAVISH, Defendants. CERTIFICATE OF SERVICE NO: 2001-5079 1. Angela C. Rego, Secretary to Bonnie L. Dahl, Counsel for Union Planters Bank, N.A. does hereby certify that on X " '-I - O ~ , a true and correct copy of the Motion, Brief and Proposed form of Order has been sent via regular mail to: Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 2. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me ar~willfull~false, fpm s r ~ect to punishment. Dated: ~` ~"'~"1 u~.„>. _, ti w v ~ .~y v~ ~ ~~~ 7 ' CS* ~{)_ `,z_ ~~` - fh Ci .' 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