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HomeMy WebLinkAbout07-2424Pluese, Becker & Saltzman, LLC Robert F. Thomas, Esquire Attorney Identification No.: 70206 20000 Horizon Way, Ste 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorneys for Plaintiff WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE 701 Corporate Center Drive Mail Code NC 4743 Raleigh, NC 27607 Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY JEFF J. SALISBURY AND ELIZABETH A. GARVIN Defendants. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH N 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 FILINGTHE WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE, SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION O POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOS DOORTANTES PARA USTED. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/900-990-9108 LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO0 ST NO TIENE EL DINERO SUFICIENTE PARAPAGARTAL SER VICIO, VAYA EN PERSONA 0 LLAMEPOR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE USTED PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 1/800-990-9108 A CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: Wells Fargo Bank National Association as Trustee 701 Corporate Center Drive Mail Code NC4743 Raleigh, NC 27607 2. (a) Plaintiff is, or will be, the owner of legal title to the mortgage (hereinafter described) that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the subject mortgage: Mortgage Electronic Registration System Inc. As Nominee for Decision One Mortgage Company, LLC. PO Box 2026 Flint MI 48501-2026 (b) Plaintiff is now the legal holder of the mortgage and is in the process of recording an Assignment thereof. 3. (a) Defendants, Jeff J. Salisbury and Elizabeth A. Garvin are individuals whose last known address is 93 Parsonage Street, Newville, PA 17241. (b) Defendants, Jeff J. Salisbury and Elizabeth A. Garvin hold an interest in the subject property as mortgagors and record owners. (c) If any of the above named Defendants are deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 4. (a) The subject mortgage (the "Mortgage") is described as follows: Mortgage executed on: April 29, 2005 Mortgage recorded on: May 2, 2005 in Mortgage Book Volume 1905, page 1897 County of. Cumberland See Exhibit "A," Note and Mortgage. (b) The Mortgage encumbers property (the "Subject Property") located at: 93 Parsonage Street, Newville, PA 17241. (c) The "legal" description of the Subject Property, expressed in metes and bounds, is incorporated in the Mortgage. See Exhibit "A," Mortgage. 5. The requisite pre-foreclosure Combined "Act" Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. §1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". 6. The Mortgage is in default (the "Default") because the Defendant(s) failed to timely tender the monthly payment of $588.96 due and/or to be applied to the payment due January 1, 2007 (the "Default Date"), and thereafter failed to make the monthly payments. 7. Pursuant to the terms of the Mortgage, the secured loan obligation has been accelerated. 8. By reason of the foregoing Default, Plaintiff respectfully requests entry of judgment in rem incorporating the following sums: (a) Outstanding Principal Balance $91,711.67 (b) Interest due and owing at the rate of 6.46% calculated from the Default Date through May 15, 2007. Interest will continue to accrue at the per diem rate of $16.48 through the date of entry of Judgment in rem. $2,685.22 (c) Attorneys' fees $1,250.00 w (d) Recoverable Balance (e) Escrow Advance (f) Title Search $2,730.05 $4,475.48 $373.00 TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $103,225.42 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated or satisfied prior to the Sale, reasonable attorneys' fees will be charged. WHEREFORE, the Plaintiff respectfully requests the following relief: -- Entry of Judgment in rem against the Defendants in the total amount of $103,225.42 as previously itemized, plus al additional interest and other charges accruing through date of Judgment; debarring and foreclosing the Defendant(s), and any person or entity holding or claiming under him/her/them, j/s/a, from the equity of redemption; foreclosure of the Mortgage and issuance of a Writ of Execution providing for Sheriff's Sale of the Subject Property. Respectfully Submitted, Pluese, By: 7 R F. Thomas, Esquire rney for Plaintiff ttorney I.D. No. 70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054-4318 telephone: 856-813-1700 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (tbe act), 15 U.S.C. SECTION 1601 AS AMENDED To the extent the act may apply, please be advised of the following: 1. The amount of the original debt is stated in paragraph one of the Complaint attached hereto. 2. The Plaintiff who is named in the attached Notice to Plead and Complaint is the Creditor to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copy of the mortgage/note will be assumed to be valid by the Creditor's law firm, unless the Debtor(s), within thirty days after receipt of this notice, disputes, in writing, the validity of the debt or some portion thereof. 4. If the Debtor notifies the Creditor's law firm in writing within thirty days of the receipt of this notice that the debtor any portion thereof is disputed, the Creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firm. 5. If the Creditor who is named as Plaintiff in the attached Notice to Plead and Complaint is not the original creditor, and if the Debtor makes written request to the Creditor's law firm within twenty (20) days from the receipt of this Notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6. Written request should be addressed to Pluese, Becker & Saltzman, LLC 20000 Horizon Way Suite 900 Mt Laurel, New Jersey 08054.. Attention: Rob Saltzman, Esquire VERIFICATION I, Tracey O'Brien-Moore, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: January 23, 2007 ej?m"" 6kg')" -/X? LOM J. HUNT NOTARY PUBW VftW 0=* NOM carotins My 0MVW M DO" Decwv* r t, soft } Apr-i?-2007 02:OOpm From- T-174 P.00WN F-680 31 Ur 'I prapvcd By:, 7% rr• Name: - Address: Telephone: 41 i After Recording Return To: Decision One Mortgage Cornpauy. LLC 6060 LA. Junes Drive} State 1000 ? Charlotte, North Csralina 28287 I Upi Number 27-20-17S"16D [Space Above Thin Lim For Pacording Data] Loan Number 203005047213° MIN: 100077910003864150 MORTGAGE DEFINITIONS Wotris used in multiple sections of this docutnent? tusage 1eCaao words used in 01s docutneat are o rot+ided is 11, 13, 18, 20 and 21. Certain rples ztiBa?B p Section 16. (A) „&curity eatl means this dueur amt, wWcb is dated AI'M 29, 2005, together with all Ri to this document. (B) "Borrower" is JEIT J. SALISBURY AND ELIZABETH A. GAR'VIN. Botxower is the m'rtgagor under this Security basnmeat. actmg (C) "SRS" is Mortgage Electronic Registradon Systems, Inc. MW Is a separau oorporadon ?u this solely as a nomWce for Leader and Leader's successors and a atSp. MFRS Is the mortgag i security Instrument. MFRS is organised and existing under the laws of Delaware, and has an address and Wepbone Dumber of P.O, Box 2026, Fliar, MY 48501-2026, tel. (888) M-MBRS. (D) "Lender" is Deddon Out Mortgage Company, LLC. Lendcr Is a LLAR'M LIABILITY COMPANY organised and existing under the laws of 14ORTU CAROLINA- Leader's address is 060 J.A. i ONFS DRIVE, SUPI'E 1000, c.'SARLOT'i'E, NORTH CAROLINA;8287. Note states that M "Vote" mesas the promissory now sighed by Borrower and dated APRIL 29, 2005. The Borrower owes Leader MN>ETY MUM MOUSAND 1tiR MWMW TWENTY AND 0d/100W Dollars (U.S.S93,520.00) plus taumt. Borrower bag promised to pay thls debt in regular Periodic Paytamts and to pay the debt in fWl not later than MAY 1, 2035. (1') "Property" means the property that is described below Duda the heading "Transfer of Rig i in the fi'• " cbargea and Iate chi es due (G) '7,osn" mesas the debt evidenced by the Note, plus interest, any prepayment under the Note, and all sums due under this Seonrlty lnsU==L, plus (=rest. i I I? I I pgWMVAhU-Single Fwogy baamie MaaftW In Mac MOM ROMUt?!' W Form 3039 1101 ?c I of 14 pager) IIII91 ImMom NI 11NNI1111ME11 1NII ? BXI905PG1897 j Aar-1,2-2007 02:01pm From- T-174 P.004/020 F-500 0 "Riders" --eons all Riders to this Security Instruuromot that are executed by Borrower. The Riders are to be euecured by Borrower [check box as applicable]: 1EAdjustable Rate Rider ?Condominium Rider C) Smond Home Rider Malloon Rider ?Plumed Unit Development Rider ?OWs) ? 1.4 Family Rider ?Biweekly Payment Rider (I) "Apoi able Law" means all controlling applicable federal, state and local statutes, regulations, ordiaa adatinistrative rules and orders (that have the effect of law) as well as all applicable final, non-2; Judicial opinions. (J) "Community Association Dues, Fees, and Assessmeats" means all dues, fees, assesstaerus a charges that are Imposed on Borrower or the Property by a condominium association, homeowners asi or similar organization. go "Mectronic Funds Treader" mom any transfer of funds, other than a tra melon originated b draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic ins computer, or magnetic tape so as to order. Instruct, or auttborize a fmaucial institution to debit or account. Such term includes, but is not limited to, point-of-sale tunnies,, automated teller transactions, transfers inidated by telephone, wire ttamsfeta. and automated clearinghouse transfers. (L) "Escrow Items" maw those items that am described in Section 3. M ON11sevlaneota Proceeds" means any compensation, settlement, award of damages, or proceeds any third party (other than Insurance proceeds paid under the coverages described In Section 5) for. (t) to, or destruction of, the Property; (it) oondeametion or other taking of all or any part of the Prope conveyance in lieu of condemnation, or (iv) mIsrepcesentations of, or omissions as to, the valu condition of the Property. (N) "Mortgage Enurunce" means insurance protecting Leader against the nonpayment of, or defaul Loan. (O) "Periodic Payment" means the regularly scheduled amotwt due for (i) principal and intett:st u Note. plus (li) any amounta under Section 3 of W Security Instrument. (P) "RRSPA" means the Real Estate Settlement Ptoeedures Act (12 U.S.C. 52601 et seq.) implemtenting• regulation. Regulation X (24 C.F.R. Pare 3500), as they might be amended from time to any additional or soccrssor legislation or regulation that governs the same sabjea matter. As use Security Imstamnent, "RFSPA" refers to all requirements and itsuictions that are imtposed to ref "federally related mortgage Ivan" even if the Loan does not qualify as a "federally related mortgage lox RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken dtle to the Property, wberh that party bas assumed Borrower's obligations under the Note and/or this Security Instri ot. -TRANSFER OP RIGHTS IN THE PROPFATY This Security Instrument aecures to Lender: (i) the repayment of the Loan, and all renewals, extras modifications of the Note; and (H) the performance of Borrower's covenants and agrecments under this Instrument and the Now. For this purpose. Borrower does hereby mortgage, grant and convey t (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns a the following described property located in the Cotmt9 of CUMERLAND (Type of Recording Jurisdtetlonj lft= of RwAMing Jurtsi SEE ATTACHED SCEOWULE "A" vs and ealable l other ciation chock, umew, edit an paid by e-. (fie Ry and/or on, the Eder the and its time, or i in this ;ard to a ?" tender r Or not ens and Security MERS f MERS pEJ+ NSl7.VAMA.,TuWle Fenny-Forme mwmmddia Mae tIId T M Im l'Ruma Form 3039 1101 (page 2 of I4 pages) BKI905PG1898 Aar-12-2007 02:01po Fran- 7-174 P.005/029 F-590 which currently has the address of yy?tQ, , Peamcylvanta 17241 ("Pwpedy Address")! [City] [lip Code) and sU easements, TOGETm WITH all the improvements now or bmufter erecW on the property, shall also be appurtenances, and fixtures now or hereafter a part of the ptopetty. All replaarnents and additloos , covered by this Security lastruument. All of the foregoing is referred to in this Security TOMMMU as the "property." Borrower vaderstands and agrees that MERS holds only legal title to the Inteuxsts?g 1. for Borrower in this Security Inatrurneat, but, it neccstMy to wrop1Y with law or custom. UERS (29 1 Leader and Lender's successors ad assigns) has the riglu7 to exrra3sa any or all of these intctuts, inpludirt8. ba not limited to, the right to foreclose and sell the Pt+opogy; and to take any action required of leader including, but not limited to, releasing pad canceling this Security Imaumeat. eonv and has the BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby eyed right to mortgage, grant and convey the Property and that On Property is unencumbered, except for ancutpbmees of record. Borrower warrens and will defend generally rlre title to the Property agabut ail claims and demands, subject to any encurnbraaoes of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and noulwiform covenants with limited variations by jurisdiction to constitute a uniform security lnsnuaxm covering real property- COVENANTS. Borrower and Lander covenant and agree as follow= i. Paymamt of Prlactpal, want, xwow Reims, Prepayment Cbwps, and Late Cberges. Borrows sball pay when due the ptlncipal of, and intacat on. the dobt avldenced by rle Note and any preplymen charges and late charges due under the Note. Borrower shall also pay finds for F,scrow Items puisuaat to Section 3. Payments die under the Note and dris Security Instnunew aball be made in U.S. currency. However, if any drdc or other ipstmmemt received by Lznder as payment under the Note thisiinda'tbe Instrument is returned to Lender unpaid, Linda may require that any or all subsequent pPYmea's Now and this Security Instrument be undo to one or more or the following forms, as salaxad by Lender: (a) cash; (b) money order, (e) certified chock, bank check, treasurer's check or cashi ess ch?ec?k, P dedn yy' such check is drawn upon an institution whose deposits arc insured by a federal agency, (d) Electronic Funds Transfer. Payments are deemed received by Lends' when received at the location designated in the Note or at such other location as my be de pawd by Lender in sccordsaco with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial paymcncs are insufficient to bring & Loan current. tender racy accept arty FW.010 at er partial payment msufiftcient to bring the Lora curreoti wftut waiver of tiny rights bmvuuder or prejudice to its rights to refuse such payment or par ld =1M, in the acl? future, but bender is not obligated to apply such payments at The is= such prJV=M an -P Periodic Payment is applied as of its scheduled due date, d= Lender need not pay interest on unapp1 funds. PEMSnVANIA-Sinle FvW1y rm* Mnetft"I We WM1tM nVb"1RiJ111E'n Form 3039 1/03L 0XV d of 14pars) M-1905PG 1899 Apr-12-2007 02:02pm From- T-174 P.0061020 F-500 Lander may bold such unapplied funds until Borrower makes payment to bring the Loan cara+eat. If Borrower does not do so within a reasonable period of limo, Lander shall either apply such funds or rents them to Borrower. If not applied earlier, such farads will be applied to the outstanding principal balatnea tinder die Note brunsdistely prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Nom and this Security Inanx67nr or perforudag the covenants and agreements secured by this Security Inswuncmt. 2. Application of Paymaats or Pancedis. Bxcopt as otherwise described in this Section 2, all payments accepted and applied by Lander shall be applied in the following offer of priority: (a) interest due tinder the Note; (b) principal due under the Note: (c) amounts due under Section 3. Such paymects shall be applied to 0"20 Periodic payment in the order in which it became dote. Arty rernaining amours sball be applied first to late charges, second to any other amounts due under this Security Instrument, and then to red= the principal balance of the Now. If [,ender rweives a paymurn from Borrower for a delinquent Periodic Payment which includes a suf$dcut amoumt to pay any late charge due, the paymmt may be applied to the ddinquent payment and thou laic conc. if more than one Periodic Payment is outstanding, Under may apply any payment received from Bot}awec to the repayment of the periodic Payments If, and to the extent that, each payment can be paid is X11 III To the extent that any excess exists after the payment is applied to the hill payment of one or more Perio?a paytrxnts, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in ire Note. Any application of payments, insurance proceads, or Misaxilnnww Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. l 3. Funds for Escrow How. Borrower shall pay to Lender on the day Periodic Payments me due under the Now, until the Note is paid in i4n11, a aunt (the "Fonds") to provide for payment of amounts due for: {a) taxes and assesameom and other items whicb can attain Priority over this Security Instrument as alien or eawinbranoe on the Property; (b) leasehold payamats or ground rents on the Property, if any: (c) ptmmiums for any and all insurance required by Lauder trader Section 5; and (d) Mortgage insurance pmmiuats, if any. or any Sams payable by Borrower to Lander in lien of the payauat of Mortgage insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items.' At origination or at any tithe during the tam of the Loan, Lender may require that Community Association Ana}, Fees, and Assesstmots, if any. be escrowed by Borrower, and such dues. fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section, Rwower shall pay Linder the Funds for Escrow hems unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation w pay to Lender Funds for nay or all Escrow Items at any time. Any such waiver rosy only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow hems for which psymmt of Foods has been waived byl deader and, if Lender requires, sball furnish to Lander receipts evidencing such payment within such time period as Leander may require. Borrower's obligation to make such payments and to provide receipts sball for all purposes be deemed to be a covenant and agreement contained in this Security Imsrvmemt, as the phrase "coveatmt and agraamemt" is used in Section 9. If Borrower is obligated to pay Escrow Items tlirecdy, pufswmt to a waiver, and Borrower falls to pay the smou rat due for an Escrow Item. Lender may exerolsa its riglus under Station 9 and pay such amount and-Borrower shall then be obligated under Section 9 to repay is Lo? any such amount. Lender may revoke the waiver as to any or all Escrow Ire= aL any timer by a a AIW given in accordance with Section 15 and, upon such revocation. Borrower steal! pay t Lender all Funds, anti in such amounts, that are than required under rids Section 3. Lender may, at any time, collect and bold Funds in an amount (a) sutficlaw to permit Leander to apply the Funds at the time specified under RESPA, and (b) not w exceed the maximmm amount a [coder cats require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of funwe Escrow Items or otherwise in accordance with Applicable Law. j PENNS9''L UNIA-Slagle Family F.onte Mu4?r Wdte Mae UNWORM MSMUM6NT Form 3639 1101 (purse 4 of 14 pages) BK 1905PG 1900 Apr-12-2007 02;02pm From- T-174 P.04 T1026 F-590 The funds &U be held is as insdtWon whose deposits are inatued by a federal agency, uFed= edart tnduduu Leader, if Leader is an institution Whose d°PW% era so insured) or in any or entity (' Futuls to pay the F.s<atow Items no later than the tiros spear Loan Built. Lander shall apply the the Farads, ananally analyzing the RESPA, >.ender sbdl not Chula 8ogmWer for holding and applying the Escrow R0010- Well L? Pays Borrowt+r Interest oa the Fonds and Applica such a charge. Unless an agt+eatrrent is made in writinggyor or L *Mijll a?o?, oL=MWr to WS the peTen Funds, Leader shall not be enquired to pay Borrower the Funds. int?erm to be lad on the Was in writing, however, that Wtereu shall be Padova Funds. Borrower and Lender can Waof the Funds as retlaued by RF:spi4- hggo, an annual aeco>uuinB sb.all accotart to shall give to Borrower, wfthont cat If there 1s It surplus of Ponds held in escrow, as defined sunder RESP of Lands bold In escrow. I for the excess funds in amordaatx Borbro esA,tuluirthere is a ed by RWA shortage , sad Borrower SW Pay to IJ under RESPA, Leader SW notify make nP the shortage in accordance with RE.SPA. but in no morn tb&G 12 amount nex if there is a deficidwy of Funds held in escrow, as daAcOd under RESPA, Leader r1t payments, if the to Leader the aWOUat necessary 10 rrrt? Borrower as required by RE5PA. and Borrower shall pay deficiency in axordaaca with RFSPA, but in10m more TThan 12 his 1dm Lnych Y PRY ent,tL•eader shall promptly Upon payment In Cull of all sums Borrower any Funds held by Lander, all tarter, assessmenw? cherga, fines. and imposillm 0 4. Chests; Liens. Borrower shall pay instrument, leasdt+old payments or grouni to the property which can attain priority over this Security To the extent the Property. if any, and Community Association Dues, Fes, and AssesmMTs if any. items are Escrow Items, Borrower shall pay than. in the mwmer provided in Section S, Borrower shall promptly discharge any lien which bat priority over this Saauity UM M writing to tits payment of the obutwon loom by the lien in it man= arc Borrower: (a) agrees in contests the lien is good t Lender, but only so long a8 Borrower is performing such agreement; (b} defends against enforcrateat of the lien in, legal proceedlop wbieh in Lander'a opinion operate to p enforcement of the lien while those proceedings are pending. but only until su& pigs era Con Lender subordlt Eft the lien to thl (c) securer from the bolder of the lien an egz+ee?nt satisfactory to is subject to a lien which can attain pn Lwrucneu. if Lender determines rhea any part of the property this Sec:udw Insttmnent. Leader may give Borrower a notice ideadfymg the lien. Wltb,,, 10 days on which that notice is given, Borrower W11 01tafy the no or take one or Marc of the udo $ set f :m this Section 4. Lender may require Borrower to pay a one-time charge for a reel estate tax verification aud/o scrvica used by Lander Boomer _? the improvements now e?ng or hereafter ere 5. Property ea+ .Property insures against ions by Else. hasards includand ed flo,? which Leader requires ?InsuT hazards including, but not limited to. eatttar deductible levels) and far the periods i Insurance shall be maintained is the e to tt nts he ( recedial semi can chenp during flu t? a requires. What Leader requires pursuant P chosen by Borrower subject to Lends The insurance carrier providing the insrwance steall bc: nabl lender may requit disapprove Borrower's choice, which right shall not be exerdsed u WWO Y• e for flood Zane determination' i to pay, in cpnttection with this Loan, citltcr: (a) a otu-time ch3tS ? and certification t and trackinE services; or (b) a ona4ime charge for flood zone determinati tion subsequent charges each time remapplass or sianilar changes occur' which rmsonabtY po determination or cerdficgdon. Borrower shall also be respansibla for the paynronr of any fees "r4 M emrw Agency in connection with the review of any flood zone de Federal Maargeney a°ag resulting froar art objection by Bot=owe(. Z+s?VHfSYLVAMA-Slagle Family-Fmm1a 1Ku1P i? 1" 2aFopm UUSMLTAVM ,....,.T, Home t under escrow le Law KWTN 0 on the Leader )Mwer defined monthly a Mtify e up the efund to n'butable rents on hat these a unless habit to h by, or Vent the tided; or dty over S the date th above ad on the any other ice, This at Lender the Loan. s right to Borrower ra and t such by the f 14 pages) Form 3069 1lot # rate So' BI{ 1905PG 1901 Apr-12-2007 02:03pm From- T-174 If Borrower fails to malatain any of the cove Mes described above, Lender may obtain insurance c at Leader's option and Borrower's expense. Leader is under no obligation to purchase any pardcw amount of coverages Therefore, such coverage shall cover Leader. but might or miglu not protect B Borrower's equity in the Property, or the contents of the Property, against any risk, barst+d or Hat aright provide wester or lesser coverage than was previously in effect. Borrower acknowledge that tb the insurance coverage so obtained might sigaifieantly exceed the cost of insurance that 13ortower ca obtained. Any amounts disbursed by Lender wider this Section S shalt become additional debt of I secured by this Security ]pa==t. These amounts shall bear interest at the Note We ftom th disborscment and shall be payable, with such Mterest, upon notice from Dander to Borrower re payment. All insurance policies required by Lender and renewals of such policies shall be subject to Leads to disapprove su d policies, shall laclude a scaodard mortgage louse, and wheat name Deader as m and/or as an additional loss payee. Lender shall have the tight to hold the policies and renewal cerdfi lender requires, Borrower shall promptly give to Leader eel! receipts of paid premiums and renewal nt Borrower obtains any form of insumm coverage:, not otherwise required by Leader, for daunt destruction of, the Property. such policy sball include a standard nmgage clause and shall mute i mortgagee and/or as an additional loss payee. In the event of loss, Borrower sbaD give prompt notice to the insurance came and Lender. Let make proof of loss if not made promptly by Borrower, Unless Lender and Borrower otherwise writing, any insurance proceeds. whether or not the underlylttg Insurance was required by Lender. applied to restoration or mar of the Property, if the restoration or repair is economically feasible and security is not lessened. During such repair and restoration period. Le>isler shall have the right to I insumnce; proceeds until Leader has had an opporomity to inspect loch Property to ensure the work completed to Leader's satisfer'don, provided that such inspe cdon shall be undettalrm procapdy. Lai disburse proceeds for the repair$ sad restoration in a sittsle payment or in a smies of progress paymrr work is completed. Unless an aereemeet is made in writing or Applicable Law requires interest to b such insurance proceeds, Lender shalt not be required to pay Borrower any Irmu xr or eari tgi proceeds. Pears for pubiie adjusters, or other third patties, retained by Borrower shall not be paid e insurance proceeds and shall be the sole obligation of Borrower. If the restoration or caper economically feasible or Lender's security would be lessened, the insprl = proceeds shall be app/' sums secured by this Security Imr meat, whether or to then due, with the a xem, if any, paid to 13 Sucb insurance proceeds shall be applied in the: order provided for in Section 2. U Borrower abandons the Property, Lender may file. negotiate and settle any available iasoraom e related matters. If Borrower does not respond within 30 days to a notice from Lender that the Insem has offered to settle a claim. then Linder may negotiate and settle toss claps. The 30-day period v when the notice Is given. In either event, or if Lender acquires the Property under Section 22 ore Borrower hereby assigns to Lander (a) Borr'ower's rlgbts to any insurance proceeds in an amount rot the amounts unpaid under the Note or this Security Instrumm4 and (b) any other of Borrower's rig Than the right to any refund of unearned premiums paid by Borrower) under all Insurance policies eoi Property, insofar as such rights are applicable to the coverage of the PropeM. Lthe ender Nany ote use the proceeds either to repair or restore the Property of to pay amounts vapaid ? thk Instrument, whether or not then due. 6. Occupancy, Borrower shall occupy, establish. and use the PMPCAY as Borrower's prlnapRI within 60 days after the execution of this Security ioatrttnaezu and shall continue to occupy the n Borrower's principal residence for at least ore year after the date of ovcupaaoy, unless Lender otbervw in writing, which consent shall not be unreasonably withheld, or unless MtenustIng chuattutauces w are beyond Borrower's control. PONSYLVAMA-Smola Famny Tamale Mae?Freddle Mac UNVOLV INSr UMM Form 31139 1101 rpagd 6 i P.008/029 I I I 'I I F-590 type or mower, city and cost of Id have grower date of pestilkil 's Tight COW ices, If e: to, or seder as kr may egnx in shall be ltd such ;as been sir may ;s as cite paid on on such it of the is not d to the Ion and carrier exceed ; (other ins the driy as agrees which page) BK1905PG1902 Apr-12-2007 02:03pa From- T-174 P•000/028 F-500 7. preservation, bblatenance and Protection of rho Property; iaspeettons, Borrower shall pot dMoy, damage or hapair the Property. allow the Property to dareriorue or Wt ult A WC on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintala the PropettY in order to prevent the Property eetiab 5 that from deteriorating or decreasing in value due to its condition. Unless It is dotamaned pursuant to S eel at repair or restoration is not economically feasible, Borrower shall promptly repair the Property?u TO avoid furtitrr deterioration, or damage. If innEranco or copdemnation proceeds are paid . damage to, or the caking of, the Property, Borrower shall be responsible for repairing or restorhrg the Property only if Lender has released proceeds for such purposes. Larder may disbume proceeds for the repairs ad restoration in a single payntent or in a series of progress payments as the work is completed. If the itnrwUN or condemnation, proceeds are pot sufficient to repair or restore the Property, Borrower is not relieved of I Borrower's obligation for the completion of such repair or restoration. Leader or its agent my make reasonable entries upon and inspections of the Pmprt .. sif it has hall give reasonable cause. L udcr may inspect the interior of the h4roveperua on the Pmperry. Leader Borrower notice at the Elmo of or prior to such an intertor inspects m specifying such reasonable cause. . 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application Process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or 1=cctaM in,formation or statements w !.ender (or i iailed to provide Lander with material information) in, comteOoa with the Loan. Decrial ropreseotadons iaci I ude, but are not limited to, representations wu ceraing Borrower's occupancy of the property as Borrower's pdnalpal residence, It (a) 9. Protection of Lender's Interest In the Property and RI&W Under' this Seouxuy bstrumebt- Borrower fails to perform the covenants and apeoments contained in this Security Iusb mnerrt, (b) ?m is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights wader this Sceutiry Instrument (such as a proceeding JA bankruptcy, probate, for eondaastion or forfeiture, for enforcement of a lien which may attain priority over this Sesrurlty Instrument or to enforce laws or regulations). or (c) Borrower has abandoned the Property, then bender may do and pay for whatever is nable or appropriate to protect I at, 's interest in the Propeny and rights under this Security U suununt. Lnaluding eader's protecting and/or assessing the value of the Property. and s=aiag xWor repairing the PmpcM. any sums secured by a lien, which bas priority over this actions can include, but are not limited to: (a) paying Y ' fns co pm prmted et its t in Security Instrument; (b) appearing In, court; and (c) paying reason,able attorneys si a banhupt n -the Property andler rights under this Security Instrwa n, including its somead po .proceeding. Securing the property includes, but is not limited to, aatedag the property to make repaita, change locks, rzplace or board up doors and windows, drain water from pipes, eliminate building or c6,wr code violations or dangerous conditions, and have utilities turned an or off. Although Leader =y take action Under this Section 9. L,mder does not have to do so and is not under any duty or obligation to do so. It is agreed that t.eader incurs no liability for not taking any or all actions authorized under this section, 9. Any amontus disbursed by Letda under this Section 9 shall become additional debt of Borrower secured by this Samuity bmurnza. These amounts shall boar interest at the Note rate from the date of disbursement and shall be payable, witb such hrtatest, upon notice from Lender to Borrower requesting payment. If ibis Security Instrument Is on a leasehold, Borrower shall comply with all the provisions of thq lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall pot merge unless Lender agrees to the merger in writing, CP.NNSYLVAMA-Siarle Famtty-F.nok MAMM? MM > WOVLM VSMUKM Form 3039 1/01 (pdgo 7 of RPa8er) BK 1905PG 1903 Apr-12-2007 02:04pm From- T-174 P.010/029 F-590 to. Mortgage Inter. If Leader required Mortgage Insurance as a condition of malting the Borrowed sball pay the premiums required to maintain the Mortgage hwaW in effect. If, for any rent Mortgage lasurance coverage required by LMW ceases to be available from the mangage roam prmlausly provided siscb insurance and Borrower was required to male aeparately designated payments the premiums for Mortgage Insurmice. Borrower shall pay the premiums requited to obtain a substantially equivalent to the Mortgage Intinraace previously in effect, at a cost substantially equivalcm cost to Borrower of the Mortgage Imvreaoe previously in effect. from nn alternate mortgage Insurer sele Leader. If substantially equivalent Mortgage basutauco coverage is not avatlnbie, Borrower shall con; pay to Lender the amoont of the separaWy designated payments that were due when the insurance a ceased io be in effect. Loader will accept, use ttad retain these paynteots as a ntm-reitmdablc loss M lieu of Mortgagc Insnrance. Such loss reserve shall be son refiradsW notwithstanding the fact that the ultimately paid in fail, and Leader shall not be required to pay Bommor say interest or earnings on st Mcrve. Lender can to longer require loss reserve payments if Mortgage insurance coverage (in the and for the period that Leader requires) provided by an iowttsr selected by Leader again becomes avail obtained, and Lauder requirea separately designated payments toward the premiums for Mortgage Insure Leader required Mortgage Iosuraact as a condition of snaking the Loam and Borrower was requited I separately designated payments toward the premiums for Mortgage Insurance. Borrower sball pay the pr required to maintain Mortgage Irmuance In effect. or to provide a von-rebulable loss reserve, until L requirertient for Mortgage Insurance ends io accotdanco with any written agreement between lsorrol Lander providing for such termination or unttI termination is required by Applicable Lew. Nothini Suction 10 affects Borrower's obligation to pay interest. at the rate provided In the Note. Mortgage Insurance rcirnburses Ldtader (or say eutity that purchases the Note) for certain Iwo incur if Borrower does not repay the Lora as agreed, Borrower is not a party to the Mortgage laws=. Mortgage iosurers evaluate their total risk on all such insurance in force from tithe to time, od m into agracunnts with other parties that share or modify their risk, or reduce losses. These agrtcmeat terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) agreements. 7heese agreemenss may regalm the mortgage Ina= to noire payments using any scarce d that the moagage insurer may Wave available (which may include fuads obtained from Mortgage b premium). As . a result of the:c agreeradstts, Under, any purchaser of the Note, another insurer, any rdatiu' a other antUy, or any aftltime of any of the foregalus, may receive (direedy or indireod y) amounts tha from (or might be characterized as) a porddur of Borrower's payments for Mortgage Insurance, in exckt sharing or modifying the mortgage insurer's risk, at redudag losses. If such agimment providta affiliate of Lender takes a share of the insurer's risk in exchange for a share of the prep iuros pal inorer, the arrangement Is often termed "captive reinsurance.' Further: (a) Any such agreements will not affect the amounts that Bda?'rower has agreed to pay for M, btsu r ance, or any other tarsus of the Loan. Such agtecmeata will not irte ten the amount Bongo', owe for Mortgrge Inva r me, and they will not andde Borrower to soy rehrnd. (b) Any such agreements will not afflict the rights Borrower has - N any - with spa, Mortgage Insurance under the Hotneownaro Protection Add of 1998 or my other law. Those dW include the d& to receive catain dise1Oumvi6 to request and obtain cancellation of the lwurenOe, to have the Mortgage ho ranee terminated auteaudeallyr and/or to receive a rdWu Mortgage Insuuance preodurras that were unearned at rho time of such cancellation or tan'Na bodon. 11. Assignment of Miscellaneaus Proceeds: Forfelture. All Miscellauccus Proceeds arc hereby to and shall be paid to Lender. : loau, an, the cc that toward rvadge t to the reed by it= to rverage ONO in Loan Is ch loss mount able, Is am. If D Madre amums mder's var and In this it nray Or enter at an n dMa if Rends er, say derive age for that an Itothe will to the a may of any pz NNsyLVANLA•Sinple Fotnilyraw*ma&Trrd& Man UmMRM b?tMUUVM 16=3039 VOL Page d 04¢paaaJ BKI905PG1904 Aar-12-2007 02:05pm From- T-1 T4 P-011/020 F-590 if the property is dataaged, such MUMUancous Ptocecds shall be applied to testoratiorr or mar Property# if the restoradou or repair is eaoneanically feasible and Leader's sccaritY is not b repair and restoration period, Leader shall have the right to bold such Mieodlaoeaus Pretends 111A L" had an oppomudtY to mspect SUCH Property to ensure the work has boon completed to Laaws and nssaw shall be miataltea pet MOY• Lmder may pay for the repairs provided that such inspection is as the work b completed. Umlesa as agxeeoM l ogle disbursement ca in ble a Law retire requofipres ro ImrMY be paid (m ? Miscellaneous Pmeeeds, Lender m shall re. writing or Applica on such Miscellaneous PrOceedl. If the restoration 01 gsited to pay Borrower any interest or earnings would be Wowed, the Miscellaneous Proceeds I Is not economically fasaible or Leader's security it sal applied to the sums second by this SectultY Tcaaument, whether or not then duo, with the exeeas, to Borrower. Such Miscellateous Proceeds sball be applied in the order pmvided for in Socdm 2. . In the event of a total t*ft. destruction, or loss in value of the PtopeM, the Miscel)aneou3 Pi shall be applied to the sums secured by this SecarrltY Inst t, wbeether or not then due, with the as any, paid to Borrower. in which the fair marlu TA the event of a partial taking. destruction. or loss in vatne of the Property of the Property immediately before the patdal taking, des=tlon, or loss in value is equal to or grem i atoaunt of the sums secured by this Security l umneac lmatediately before the partial tal ft, destM loss in value, unless Borrower and Leader otherwise agree in writing, the stems secured by this instrument shall be reduced by the an== of the Mlsceilammus Proceeds rndtiplied by the following i (a) the total amount of the sterns secured lttta W"Y before the partial taking, deamdon, or loss divided by (b) the fair market value of the Property btedletely before the partial taking, destruction, a value:. Any balance shall be paid to Borrower, is which the fait marl in the event of a partial taking, destruction, or loss 31a value of tree Property of the Property Immediately before the partial taking, dtsaltnctloa, or loss in value is less than rite Amon sums secured inn m iately before: the partial taking, dostructiem, or toss in value. unless Borrower aoi otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sutras secured by this Instrument whether or not the sums are then duo. if the Property is abandoned by Borrower. or if, after aotko by Loder to Borrower that the party (as defined is the next sentence) offers to make an award to settle a claim for damages, Boaowe and respond to Leader within 30 days after the. date the notice is given. Leader 16 io uthe surin tho?smoecoted ll by raid Miscellaneous pmoeaft either w restoration or ropadr of the property party' means the third party that owes I >;?trtttaent. whether or not that due. "Opposing whom grower has a tlglu of action in regard to Mica Miscellaneous Proceeds or the party 8 Proceeds. is beget Borrower s I1 be in default If any action or proceeding, whether civil or moeut crimipalof. Leader' Lender's judgment, could malt in forfeiture of the Property or other taatetial impai In the Property or rigbts uador this Security Tastrnnuent. Borrower = cure such a default and, If aG provided in Section 19, by caasirtg the action or proceeding to be dlamiss has occurred, reiastar as t pwludes fotfeitM of the Property or other utatadsl impartment of tsliag that, in L,euder'a: judgmm + interest in the Property or rizius tracer this Security insmunent. 'lbe Proceeds of any award of an damages that are attributable to the iwplVment of Lender's interest in the Property are shall be paid to Lender. All Misc etimouts Proceeds that are net applied to rescoratioa or repair of the Praperry shall be the order provided for in Section 2. of the S such er bas mina ; rude mot be repair hall be paid esa, if value ;an the ion, or xatrity action: t value loss in t value t of the Under ooarity pposing fails to tply the Security Orrower lanwas that, In htterest 9001109 d with a ;ptder's ;lain for Iced and Dolled in Pt?t MVA U-Sinpla )raspy-F.n 974J*IFtedditUm UNMRMINSMUWM Form 3039 1101 ate 9 aI 14pa8ct7 BK ! 905PG 1905 Aar-12-2007 02:05pm From- T-174 P.Of2/020 F-560 12. -Borrower Not Released; Forbearance by Lender Not a Wailer. Extension of tbt time for;ieayment of modification of amortization of the stuns secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Sutt ccssors in Interest of Borrower. Leander shall pot be required to cottesDRUCC proceodbtgs egabtst any SttexAasor in Interest of Borrower or to refuse to extend time for paytz M or otherwise modify amortization of the sums 6eatued by this Security l asttumeat by reason of any demand tttaade by the original Borrower or any Stirocesmors In Interest; of Borrower. Any forbaarance by Lander in ww eising any right or remedy melt , without limitation, Lender's acceptance of payments froea third persons, entities or Successors In lioterest of Borrower or In amouars less than the muount then due, shall not be a waiver of or preclude the exerdse of any fright or rernedy. 13. Joint and Several Liability; Co-dgoersi St cry and Asdgm Bound. Borrow covenants ad agrees that Borrower's obligations and liability shat! be joint and several. However, any Bono, ? eer who co-signs this Security lastrumenc but dares not acme the Note (a "co-signer"? (a) is w4igning this Security Instntmem only to mortgage, grant and convey the to-signer's interest in the Property under the tcnr ? of this Security Instrument: (b) is not personally obligated to pay so sautes secured by this Security hwtrnmeot;? and (c) agrees that Lender and any other Borrow can agree to attend, modify, forbear or make say accommodations with regard to the terms of this Security Iusavment or the Note without the c"gper's consent. Subject to the provisions of Section 19, any Successor in Interest of Borrowers who assumes Borrower's obligations under this Security Iusrumeot its writing, and is approved by Launder, shell obtain all of Borrower's rights and bancliits ttaeier this Security instrument. Borrower sball not be released tom Borrawces owGgstlons and liability under this Security Instrument unless Lender agrees to such release in wrhlog. 'rine covenjuna and agrecavo nts of this Security Instrument shall bind (ertcept as provided in Section 20) and bemallt the semi cessors and assigns of Lender. f 14. Loan Charges. Lender may charge Borrower fees for services performed In connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fern. In regard to any other fees, the absence of ortpmn authority in this Sawrity hwument to charge a spec We fee to Borrower sball not be constrtKd as a probrbition on the charging of such fee. Lender may not charge ieeslthu are eetprenly prohibited by this Security Instraatesat or by Applicable Law, . If the Loan is subject to a law which an maximum loan charges, and that law is ffenally jaterpretad so that the interest or other loam c=harges call axe d or to be colleted In connection with the Loan exceed the: parmiued Nadu. then: (a) any such Loan charge shall be reduced by the amount necessary to red= the charge to the permitted limit; and (b) any sums already eoUected from Borrower which ertooeded permitted Merits will be refunded to Borrower, Leader may cboow to matte this refund by reducing the principal owed under the Note or by making a direct payment to Borrower, If a refund reduces principal, the reduction will be traaihd as a partial prepayment without any prepayment charge (whether or not a prepay=t charge is provided * under the Note). Borrower's acceptance of any such refund made by direct payu=t to Borrower wr?l constitute a waiver of any right of action Borrower might have arIeiag out of such overcharge, 13, Notices. All notices given by Borrower or Lander in connection with this Security Iwtcumemt mum be in writing. Any notice to Borrower its connection with this Security Ins 111 teat ahall be deemed to been given to Borrower when malle d by firat elms mail or when actually dtdivmvd to Borrower's notice edit if sera by other means. Notice to arw one Borrower ashen constitute notice to all Borrowers wr7e n Applicable Law expressly require otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Under, Borrower shall promptly notify bonder of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower sball only report a change of address through that specified procedure. 'Chem may be only one PEMSnVANIA-Mogle F'amtly Few k MAOFn & Mesa UNUV M INIMUfl MT 1e'eum 3039 1101 {purge 10 of 14pagesj BK t 905PG 1906 Apr-12-200T 02:06pm From- T-1 74 P.01+ designated notice address under this Security Instrument at any one time. Any notice to Lender sW be liven by delivering it or by mailing It by first elm trail m Leader's addross stated herein unless Lander has designated another address by notice to Borrower. Amy notice In connection with ibis Security InstrnmI shalt not be deemed to have been given to Lender until actually received by header. If any notice requited by this Security Instrument is also reyttirad under Applicable Law, the Applicable Law requirement will i fy the cornesponding ogttirement under this Security Instrument, 16. Governing Law; Severability; Riles of Construction. Tale Security Instrameat shard be governed by federal law and the law of tho jurisdiction in which *a Property Is located. All rights and obligations contained in this Security Instrug nent are subject to any requiremextts and limitations of Applicable Law. Appli LAW might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such sitettce siren not be construed as a prohibition against agreement by eonotact. In the event that any provision or elms e of this Security Instrument or the Note conflicts with Applicable Law, such coalliat shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Seasrity Instrument: (a) words of the mu arllue gender shall an and I include corresponding neuter words or words of the feminine gender; (b) words In the simguix shall tman am II hwbjtk the plural and vice versa; and (c) the word "may" gives sole diacradon without my obligation to ante any action. 1 17, Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Iastrunkat. 18. Transfer of the PropatV or a BewAdal Interest in Borrower. As aced in this Section 1 & I Interest in the Property" means any too or beneficial interest in the Property, ipduding, but not limited to. those beneficial interests transferred in a bond for deed, contract for deed, Installment sales wnornct or eaorow agreement, the intent paart of the Pro is the transfer of title Interest in n the Property Is sold or dam to a trensfenvp d (ori U Borrower is not all il or any p peaty or any Y i a natural person and a bmefreiat interest in Borrower is sold or traansferrem without Lender's prior written consent, Lender may require immediate payment In full of sit sums secured by this Soca ty kLi ?rurnent. However, this option shall not be exercised by Lender if odic exercise is probibited by Applicable Law' If bender moruisas this option, Lender dW1 give Borrower nodes of acceleration. The notice shall provide a period of not less than 30 days from the date the actice is giver in v=rdance with Section IS within which Borrower must pay on sums secured by this Security Instrument. If Borrower fails w pay th6estmes prior to the expiration of this period, Leader may invoke any remedies permitted by this Security lal tntinent without further notice or demand on Borrower. ? 19, Borrower's RI&t to Rednutrte After Acceleration. If Borrower meets certain conditions, B? OrtOwar sball have the right to have enforcement of this Security lamument discontinued at any time prior w the earliest of (a) five days before sale of the property pursuant to any power of sale contained in this security Insuument; (b) such outer period as Applicable Law might specify for the tarminatlon of Borrower's right to reiasmre; or (c) catty of a judgment enforcing this Security Instrument. Those conditions are that SonowetJ (a) pays Lender all sums which than would be due under this Security Instrument and the Note as if no acceleradon bad occurred; (b) cures any default of any other covenants or agmemrents: (c) pays all stpeases i ?,tuarrrod in enforcing this Security Instrument, Including. but not United to, reasonable attorneys' fern, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, and (d) takes such action as Lender easy reasonably require w assure that Lender's Interest in the Property and rights under this Security lawnaaeal, and Bor owet's obligation to pay the sums secured by this Security lostrument, shall continue unchanged, Linder may nquuire that Borrower pay such reinsweawnt sums and expenses in one or more of the following forms, as selected by Imender.?(a) cash; (b) money order; (c) certified check, bank check, treasurer's dMA or cashier's check, provided say sgeh check is drawn upon an iustirution whose deposits are insured by a federal agency, instrumentality or ez: y; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, Ns Security Ingumumemt and obligations secured bcreby shall mrasia bully effective as if no acceleration had occurred. However, this tight to reinstate! shall not j apply in the case of accetersdan under Section IS. pENNSYLVAM-SinBk Fafnuy ysmek MnNlrrWaa wine UNM M 1NS'rItDMZNP harm 3039 IM 049811 of 14 poga ) 8KI905PG1907 Apr-12-2001 02:06pm Frog T-114 P.014/029 F-590 20.- Me of Note; Chap of L.onn Servieer; Notice of Girievesm. The Note or a partial inter' In the Note (together with this Security Instrument) can be add one or mote times without prior notice to OtrOwtr. A sale might result in a edumge In the entity (known as the "Lana Servicer") that collects Periodic payments duo under the Note and this Soauity farm antat and performs other mortgage loan servicing obligatiops under the Now, this Security Ias ttmcat, ad Applicable Law. ?here also migbt be one or more changes of the Loan Set-Acer unrelated to a sale of the Note. If there is a deaage of the Loan Servicer. Borrower will be given written notice of the change which will aunts the name and address of du new Loan Servicer, tine AddrM to which paymemra should be trade and any other Information RESPA requis es In covmclion with a t4odce of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan St:<vicar outerlthan the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain w1W the Loan ? vicer or be transferred to a successor Loan Servieer and are not assumed by the Note purebaa w unless omerwise provided by the Nom purchaser. Neither Borrower nor Leader may commence, join, or be joined to any judicial action (as either an individuN litigant or the member of a class) that arises from the other party's actions pursuant to 0* ?riry Instrument, or thar alleges that the odor party has breaclte:d any provision of. or any duty owed by reason of, this Security Instrument, until such Borrower or Leader has notified the other party (with such notice Igiven is compliance with the requirements of Section 15) of such alleged breach and afforded the other partylhum a reasonable period after the giving of such notice to taker co recdve action. If Applicable Law providtts a time period which mast elapse before certain action soot be taken, that time period will be deemed to be reasonable for purposes of this paragraph. Tha notice of aeederadoo and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 19 shall be deemed t4 satisfy the notice and opportunity to talcs corrective action provisions of this Section 20. 21. Harsrdons Subamacm As used in this Section 21: (it) "Hazardous Substances" are these substances defined as toxic or hazardous substances, pollutants. or wastes by Environs Law and the following substances: gasoline. kerosene, other flammable or toxic petrolaom products, toxic pesdcIdes and holcides, volatile solvents, materials containing abeam or formaldehyde, and radloacdve materials; (b) "Eaviroamesntal Law" means federal laws and laws of the jurisdiction where the Property is located that relate to bealth, safety or ettvironmeatal protection; (c) "Environmental Cknnup" includes any response Notion, remedial action, or removal action, as deeed in Envirommental Law; and (d) art "Enviroumental Candid=" meats a ooodition that can cause, cunt ibute to, or otherwise trigger as Fatvirottnteuwl Cleanup. Borrower shall not cause or permit the presence, rue, disposal, s"c. or release of any Hardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall no4 do, nor allow anyone else to do. anything affecting the Property (a) that is in violation of nay Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use. or release of a Hfwrdoua Substance, creates a condition that adversely of is the value of the Property. 'lie preceding two scnteaocs shall not apply to the prrdeace, use, or storage an the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal tesidendal uses and to maloteoance of the Property ('including. but not limited to, hazardous substances In consumer products). ' Borrower shall promptly give Lender written notice of (a) any Investigation, claim, demand, lawsuit err other action by any governsacotal at regulatory agency or private party involft the Property, and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any p.oviraamental Condition, including but not limfted to, any spilling, leaking, discharge, release or threat of rdatse of any Hazardous Substaum, and (o) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or Is notified by any goVUnjMEIItal Of regulatory authority, or any private party, that say removal or other re mediation of nay Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accetrdanca with Eavironrrtental Uw. Nothing bertid shall create any obligation on !coder for an Environmental Cleanup. PE NNSnVAhU-Single Family-Fa wk MaelAVo Me We UNEMRM 1K MLMU Foevn 3039 Val (page !Z paw) BK 1905PG 1908 Apr-12-2007 02;07pm From- T-174 P.015/020 F-590 NON-UMFORM COVENANTS. Botmwer and Leader farther covenant and agree as follows; I' 22. A demdon; Remedies. Leader mbaD give notice to Borrower prior to Ilmd Wstim A Borrower's breach of any cwvamm or ag reemmtt in this Semrttty Instrument (but not prior to seta under Section 18 unless Applicable Uw provides otherwise). Leader shall notify Borrower of, other things: (a) the default; (b) the action required to cure the default; (c) when the default cured; and (d) that failure to teen tba default m specified may result in acceleration of the stua5? by this. Security Instruument, foreclosure by j udicitl pr's and sale of the Property. bend ftutber iurorm Borrower of the right to reinstate after accelemtlon and the right to I foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceterat forerlom e. U the default is not cured as spociffed, Leader at its option may tie immediate in full of all stmts m=med by this Security butrtmtent without further demand and may Cored Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses pursuing the remedies provided in this Section 22, including, but Dot limited to, attorneys' face of title evidence to the extent permitted by Applicable Law. 23. Release. Upon paymetu of all stun: seared by this Security Immmneut. this Security bmwl the estate conveyed shall tmminata and become void. After such ocatrtenee, Lender shall discharge an this Security InstruniLml. Borrower shall pay any recordation. costs. Lender may dtargc Borrower releasing this Security Iitsumnent, but only If the fee is paid to a tided party for services rendered eharging of the fee is permitted under Applicable Law. tai. Waivers. Borrower, to the extent permitted by Applicable Law, waives and 701011531 any deects in proceedings to enforce this Security Insaumeat, anti hereby waives the benefit of say P future laws providing for stay of execution. extension of time, exemption ftam attach maou levy end homestead exemption. 25. R.einststement Period. Bormwer's time to reinstate provided to Section 19 shall extend to prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instcottrue 26. Purchase Money bVioMage. If soy of the debt scanted by this Security Inst ummut is lent to I to acquire title to the Property. this Security Ittstrm= shall be a purchase money mortgage. 21. Interest Rate After Judgment. Borrower agtees that the interest rate payable after a jud entered on the Note or in an action of mortgage foreclosure sha11 be the ram payable from time to tit the Note. ftNN5I&VANU4tn9le PWAlVFaaule K&Meddt•'&r UNIMPA WIRWaff Perm 3039 1101 prage 13 among Dust be rsball in the rn and this ed in costs eat and . sad?sfy fee for and the error or escot or ale, and hour tart is under pages BK1-905PG1909 . Apr-12-2007 02:08pm From- T-114 P-01 BY SIGNING BELOW, Borrower accepts and agrees to the te1= and coveaaate contained in thir Instrument and in may Rider exemted by Bot over and morded with it. witnesess: c e'Z s K__ CZ44-1 A- (mil) -swower F-590 Sew cW _(SW) .ftmu r (seal) -B=war STATE OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) j f i ..__..• v dS _? before mes, the unda?goed On this, the ? day of 6f5cer, - personally appeared JEFF J. S LACY AND )i±Li?ABETS A. GARVIN , Imown to = (or , .. a suisfactorily proven) to be the peu=(a) whose name(s) Ls/are subscribed to the within instrttttjeAt' autl:: ?:a;...•r acbrowledged that be/ehdthey executed the sauu for the purposes therein contained. .r ;.: In witness whereof, I hereunto set my hand and offickW. v' ' (sew) COM WF OF PAN. l VA [A T'i p cxr Gl? y L& cr NotarlatS•al M isaror? Expires/ ? • ?^•'; •,?s. 'Cy?'t Cadre 0m, eumNbeerrbiw Co?un((yy Typed or printed um: ar my Commuft E*fm Aug. t 8, X407 ?' '' - i CERTTPIC?"'Eftm W1,49 "ft do hereby oecctify that tho corroc ? ??,'"?f ,1 sddneas of the within-named lender is 6060 J.A. JONES DRIVE, SUITE 1000, CE4ELO TE, NQ?. . CA [ZOLINA 7828?, witoas my hand this day of Agent of Lender. PVW,%'LVAMA SIaE]c Family-ftnu a Hnaf nd& Mac UND'ORM MffMUMMT Fot'>st 3039 V81 0ao8e J4 of l4 pater) 9K 1905PG 1910 .• ?y?A91 Apr-12-2007 02:06pe From- T-1 T4 P. 017/020 F-500 Exhibit A ALL THAT CERTAIN tract of land situate in the Borough of Newvine, Cumberland Pennsylvania, more fullybounded and described as follows: BEGM110 at a point on the northern right of way line of Parsonage Street; thence ale of way of Washington Street; thence along said right of way line North 26 degrees 00 m West 191.0 feet to a point on the southern right of way line of unopened 16.6 feet Churc thence along unopened Church Alley North 64 degrees 00 minutes East 40.0 feet to an i thence along the dividing line between Lots Nos. 8 and 9 on said survey South 26 degre minutes East 191.0 feet; thence along the northern tight of way line of Parsonage Street degrees 00 minutes West 40.0 feet to a point, the Place of BEODR4ING. BELNG designated as Lot No. 9 on the survey of Mary E. Banick and further bounded described in accordance with a survey prcpared by Eugene A. Hockensmith, R.S. dated 21, 1986. TOGETHER with and subject to a 15 foot wide easement along the southern boundaries 7; 8, and 9 for ingress, egress and regress to and from said lots and Parsonage Street as A the attached Plan. BEING iha same premises which Durham Homes, Inc., a Fcnn ylvania Corporadon, by deed dated March 30, 1995 and recorded in Cumberland County, Pennsylvania Deed BC Page 429, granted and conveyed unto David P. Gregoire and Barbara A. Gregoire, husbi wife, Grantors herein. Certify tttiis to he recu.v- 1 P? 1n Culzlberlana County •r- aYrt..ti ;• . eeorder of D m. right Alley; a pia; 00 )uth 64 on 120, and O K I 9015FG 19.1 1 HOMF'Q S)D. RVXCXNG DF785 January 26, 2007 ELIZABETH A GARVIN 93 PARSONAGE ST NEWVILLE, PA 17241 HOMEOWNERS NAME(S): ELIZABETH A GARVIN PROPERTY ADDRESS: 93 PARSONAGE ST NEWVILLE, PA 17241 LOAN ACCOUNT NUMBER: 0323926170 CURRENT LENDER/SERVICER: HomEq Servicing ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any ouestions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender/servicer, you have the right to apply for financial assistance from the Homeowner s Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The Agency) has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 93 PARSONAGE ST NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $2,426.80 c) Late Charges: $115.52 d) Recoverable Corporate Advances: $2,969.31 e) Other Charges and Advances: $0.00 f) Less funds in Suspense: ($20.10) g) Total amount past due as of (due date): $5,491.53 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $$5,491.53 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check, certified check, or money order made payable to HomE(I and sent to: Regular Mail HomEq Servicing P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date- of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) days of the date of this notice, the lender/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing also intends to instruct its attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the servicer even if they are over $50.00. Any attorneys fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pav attornevs' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, y2u still have the right to cure the default and nrevent the sale at any time up to one hour before the Sheriff s Sale You may do so by paving the total amount then past due plus any late charges other charges then due reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender/servicer and by Performing any other requirements under the mortgage Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE It is estimated that the earliest date that such Sheriffs sale of the mortgaged property could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counseling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT; • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF; • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1 (800) 342-2397 HOWZQ SERVICING DF785 January 26, 2007 JEFF J SALISBURY 93 PARSONAGE ST NEWVILLE, PA 17241 HOMEOWNERS NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: JEFF J SALISBURY 93 PARSONAGE ST NEWVILLE, PA 17241 0323926170 HomEq Servicing ACT 91 NOTICE TA11K"ulM ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached panes. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and Qhone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender/servicer, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowners Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The Agency) has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 93 PARSONAGE ST NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $2,426.80 c) Late Charges: $115.52 d) Recoverable Corporate Advances: $2,969.31 e) Other Charges and Advances: $0.00 f) Less funds in Suspense: ($20.10) g) Total amount past due as of (due date): $5,491.53 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $$5,491.53 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check, certified check, or money order made payable to HomEa and sent to: Regular Mail HomEq Servicing P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE f Page 4 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) days of the date of this notice, the lender/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing also intends to instruct its attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the servicer even if they are over $50.00. Any attorneys fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be reauired to Dav attornevs' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time uD to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due plus any late charges, other charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE It is estimated that the earliest date that such Sheriff s sale of the mortgaged property could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counseling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT; • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF; • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1 (800) 342-2397 C? rv C7 *20 v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK NATIONAL ASSOC. as Trustee, Plaintiff(s), VS. JEFF J. SALISBURY AND ELIZABETH A. GARVIN, Defendant(s). CIVIL DIVISION No. 07-2424 CIVIL TERM Type of Pleading: ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE Filed on behalf of: JEFF J. SALISBURY AND ELIZABETH A. GARVIN, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1041 Applejack Drive Gibsonia, PA 15044 (724) 444-0086 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK NATIONAL CIVIL DIVISION ASSOC. as Trustee, No.07-2424 CIVIL TERM Plaintiff(s), VS. JEFF J. SALISBURY AND ELIZABETH A. GARVIN, Defendant(s). ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant(s), JEFF J. SALISBURY AND ELIZABETH A. GARVIN, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: Paragraph 1 is ADMITTED. 2. Paragraph 2 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 2 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 3. Paragraph 3 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 3 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 4. Paragraph 4 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 5. 6 7 8. 9 Paragraph 5 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. Paragraph 6 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. Paragraph 7 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. Paragraph 8 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. Paragraph 9 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, Defendant(s) requests this court dismiss the Plaintiff's complaint. a iud-k-m e1rt in their favor and or y for D nd t(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK NATIONAL CIVIL DIVISION ASSOC. as Trustee, No. 07-2424 CIVIL TERM Plaintiff(s), vs. JEFF J. SALISBURY AND ELIZABETH A. GARVIN, Defendant(s). VERIFICATION I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) JEFF J. SALISBURY AND ELIZABETH A. GARVIN and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they is/are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK NATIONAL CIVIL DIVISION ASSOC. as Trustee, No. 07-2424 CIVIL TERM Plaintiff(s), vs. JEFF J. SALISBURY AND ELIZABETH A. GARVIN, Defendant(s). CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this June 9. 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery _X by first class mail, postage prepaid on the following: ROB SALTZMAN, ESQ. PLUESE, BECKER & SALTZMAN, LLC 20000 HORIZON WAY, SUITE 900 MT. LAUREL, NJ 08054 June 9. 2007 Date C? ? p C.? ? -a-t :-? -?, -n i .? . ,, L...? _, , ?:. :.-• ? ?`_ "r'? '? ? }4T1 4!"1 ` SHERIFF'S RETURN - REGULAR CASE NO: 2007-C2424 P COMMONWEALTH O PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NATIONAL S SALISBURY JEFF J ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SALISBURY JEFF J the DEFENDANT , at 2000:00 HOURS, on the 11th day of May , 2007 at 93 PARSONAGE STREET NEWVILLE, PA 1 241 JEFF SALISBURY by handing to a true and attksted copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 23.04 Affidavit .00 Surcharge 10.00 t .00 51.04 Sworn and Sub cibed to before me thi day of , So Answers: ,.A-1 R. Thomas Kline 05/14/2007 PLUESE BECKER SALTZMAN By: D puty Sheriff A. D. SHERIFF'S RETURN - REGULAR -'- CASE NO: 2007- 2424 P COMMONWEALTH O PENNSYLVANIA: COUNTY OF CUMB RLAND WELLS FARGO BANK NATIONAL SALISBURY JEFFIJ ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland Cou ty,Pennsylvania, who being duly sworn according to law, says, the with 'n COMPLAINT - MORT FORE was served upon GARVIN ELIZABE H A the DEFENDANT at 2000:00 HOURS, on the 11th day of May , 2007 at 93 PARSONAGF- STREET NEWVILLE, PA 117241 JEFF SALISBUR by handing to ADULT IN CHARGE a true and att?sted copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 5'?A o?? 16.00 Sworn and Sub Gibed to before me thi day of , So Answers: R. Thomas Kline 05/14/2007 PLUESE BECKER SALTZMAN By: Depu y Sheriff A. D. SHERIFF'S RETURN - NOT FOUND r ~ CASE NO: 2007 02424 P COMMONTWEALTH F PENNSYLVANIA COUNTY OF CUMB RLAND WELLS FARGO BAVK NATIONAL SALISBURY JEFFIJ ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for th within named DEFENDANT TENANT/OCCUPAN but was unable to locale Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 93 PARSONAGE S[rREET , TENANT/OCCUPANT NOT FOUND , as to NEWVILLE, PA 17241 THERE WERE NOJOTHER OCCUPANTS. Sheriff's Cost s: So answers -? -_._--- Docketing 6.00 ....t--?? Service 00 Affidavit 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 6la a/o .00 `T" 21.00 PLUESE BECKER SALTZMAN 05/14/2007 Sworn and Sub cribed to befo re me this day of , A PLUESE, BECKER & SALTZMAN, LLC BY: Robert F. Thomas, Esquire Attorney I.D. #70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff 78561 WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. JEFF J. SALISBURY AND ELIZABETH A. GARVIN Defendants. PLAINTIFF'S No. 07-2424 MOTION FOR SUMMARY JUDGMENT AND NOW, this Plaintiff moves this Court for Summary Judgment in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is Wells Fargo Bank, National Association as Trustee (hereinafter "Plaintiff '). 2. Defendants are Jeff J. Salisbury and Elizabeth A. Garvin (hereinafter "Defendants"). 3. Plaintiff filed its Complaint in mortgage foreclosure on April 27, 2007. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendants filed an Answer on or about June 9, 2007, which does not raise any issue of material fact. A true and correct copy of the Answer is attached hereto as Exhibit B. 5. Plaintiff served Interrogatories, a Request for Production of Documents and a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Request for Admissions upon "the Defendants on or about July 11, 2007. Defendants failed to response to these requests. A true and correct copy of the Discovery Requests is attached hereto as Exhibit C. 6. Plaintiff has attached Memorandum of Law to the instant Motion that avers all facts necessary to prove a prima facie case in mortgage foreclosure and that corroborates the facts as pled in Plaintiff's Complaint. See Plaintiff s attached Memorandum of Law. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Dated: November 7, 2007 Respectfully submitted, PLUESE, BECKER & SALTZMAN, LLC By: Robert F as, Esquire Attorne r Plaintiff y PLUESE, BECKER & SALTZMAN, LLC BY: Robert F. Thomas, Esquire Attorney I.D. #70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 856-813-1700 Attorney for Plaintiff 78561 WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, IN THE COURT OF COMMON PLEAS V. OF CUMBERLAND COUNTY JEFF J. SALISBURY AND ELIZABETH A. GARVIN Defendants. No. 07-2424 AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Norlko Colston , being duly sworn according to law, deposes and says: 1. I am the Assistant Secretary of Wells Fargo Bank, national Association as Trustee, by Barclays Capital Real Estate Inc. dba HomEq Servicing, Attorney in Fact for and representative of Plaintiff. I am authorized to make and do make this affidavit on behalf of Plaintiff; and that the facts set forth in the foregoing Motion for Summary Judgment are true and correct to the best of my knowledge, information and belief. 2. I have personal knowledge of the matters referred to in Plaintiffs Motion and as set forth below, I make this affidavit in support of Plaintiffs Motion for Summary Judgment, that the facts set forth below are admissible in evidence and I am competent to testify to the matters stated herein. 3. The Defendants, JEFF J. SALIBURY AND ELIZABETH A. GARVIN, made, executed and delivered a Mortgage upon the premises, 93 Parsonage Street, Newville, PA 17241, on April 29, 2005 to Plaintiff s predecessor-in-interest. 4. The mortgage is held by Plaintiff. 5. The Mortgage is in default because monthly payments of principal and interest due January 1, 2007 and each month thereafter are due and unpaid. At no time from January 01, 2007 to the present have the Defendants tendered the amount of payments required to bring the Mortgage current and I have at all times been willing to accept same. 6. Notice of Intention to Foreclose and a Notice of Homeowners Emergency Mortgage Assistance has been sent to Defendants by Certified and regular mail, as required by 35 P. S. § 1680.403c, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit B to Plaintiff s Complaint. The Defendants have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendants through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. 7. The amounts due and owing on the mortgage in question as of October 15, 2007are as follows: Principal Balance Interest due and owing at the rate of 6.46% 12/01/2006 calculated through 04/15/2007 Interest due and owing at the rate of 9.465% calculated from 05/01/07 through 10/15/2007 Total Late Charges Reasonable Attorney s Fee Title Search Brokers Price Opinion Property Inspection Hazard Insurance Paid by Plaintiff Delinquent Real Estate Taxes Paid by Plaintiff 91,711.67 $2,465.36 $3,947.36 $58.90 $1,250.00 $373.00 $300.00 $92.10 $1,532.70 $4,475.16 $106,298.35 I hereby verify that any exhibits attached hereto are true and correct copies of the originals and I declare all of the foregoing to be true and co ect. SWORN TO AND SUBSCRIBED: before me this g f day: of 0 C +0 2007: Notary Public ID- P la fi-1--el Wells Fargo Bank, national Association as Trustee, by Barclays Capital Real Estate Inc. dba HomEq Servicing, Attorney in Fact Noriko Colston Assistant Secretary ?+? D. P L AT T E M COMM. # 1652437 s NOTARY PUILICULIFOR.MIA Me SACRAMENTOCOUNTYN °?trrat'`? COMM.EXP. MAR 18, 2010 1 PLUESE, BECKER & SALTZMAN, LLC BY: Robert F. Thomas, Esquire Attorney I.D. #70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff 78561 WELLS FARGO BANK, NATIONAL I IN THE COURT OF COMMON PLEAS ASSOCIATION AS TRUSTEE Plaintiff, OF CUMBERLAND COUNTY v. JEFF J. SALISBURY AND ELIZABETH A. GARVIN No. 07-2424 Defendants. EXHIBIT LIST A. Complaint B. Answer C. Discovery Requests D. Mortgage E. Note EXHIBIT "A" Pluese, Becker & Saltzmi. LLC Robert F. Thomas, Esquire Attorney Identification No.: 70206 20000 Horizon Way, Ste 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorneys for Plaintiff WELLS FARGO BANK NATIONAL ASSOCIATION AS TRUSTEE 701 Corporate Center Drive Mail Code NC 4743 Raleigh, NC 27607 Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY JEFF J. SALISBURY AND ELIZABETH A. GARVIN Defendants. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE NO] ICE YOU HAVE BEEN SUED IN COURT IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH N 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 THE WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE SILISTED QUIEREDEFENDERS E DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, LISTED TIENE (20) DIAS DE PLAZO A PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA 0 POR ABOGADO Y ARCHI VAR EN LA CORTE SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA SEA A VISADO QUE SI LISTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA LISTED SIN PREVIO A VISO0 NOTIFICACION 0 POR CUALQIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA LISTED PUEDE PERDER DINERO, SUS PROPIEDADES O OTROS DERECHOSIMPORTANTESPARA USTED. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER ATONCE. IF YOU DO NOT HAVE A LAWYFR OR CANNOT AFFORD ONE. GOT TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Libeny Avenue Carlisle, PA 17013 1/800-990-9108 LLEVE ESTA DEMANDA A UN ABOGADO IIAMEDIATAMENTE. SI NO TIENE ABOGADOO SI NOTIENE EL DINERO SUFICIENTE PARA PAGAR TAL SER VICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINACUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERJGUAR DONDE LISTED PUEDE CONSEGUIR ASISTENCIA LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 2 Libenv Avenue Carlisle, PA 17013 1/800-990-9108 -. L... O T1 ;r j i - J-i CIVIL ACTION -- COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is: Wells Fargo Bank National Association as Trustee 701 Corporate Center Drive Mail Code NC4743 Raleigh, NC 27607 2. (a) Plaintiff is, or will be, the owner of legal title to the mortgage (hereinafter described) that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the subject mortgage: Mortgage Electronic Registration System Inc. As Nominee for Decision One Mortgage Company, LLC. PO Box 2026 Flint MI 48501-2026 (b) Plaintiff is now the legal holder of the mortgage and is in the process of recording an Assignment thereof. 3. (a) Defendants, Jeff J. Salisbury and Elizabeth A. Garvin are individuals whose last known address is 93 Parsonage Street, Newville, PA 17241. (b) Defendants, Jeff J. Salisbury and Elizabeth A. Garvin hold an interest in the subject property as mortgagors and record owners. (c) If any of the above named Defendants are deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through their estate whether the estate is probated. 4. (a) The subject mortgage (the "Mortgage") is described as follows: Mortgage executed on: April 29, 2005 Mortgage recorded on: May 2, 2005 in Mortgage Book Volume 1905, page 1897 County of. Cumberland See Exhibit "A," Note and Mortgage. (b) The Mortgage encumbers property (the "Subject Property") located at: 93 Parsonage Street, Newville, PA 17241. (c) The "legal" description of the Subject Property, expressed in metes and bounds, is incorporated in the Mortgage. See Exhibit "A," Mortgage. 5. The requisite pre-foreclosure Combined "Act" Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". 6. The Mortgage is in default (the "Default") because the Defendant(s) failed to timely tender the monthly payment of $588.96 due and/or to be applied to the payment due January 1, 2007 (the "Default Date"), and thereafter failed to make the monthly payments. 7. Pursuant to the terms of the Mortgage, the secured loan obligation has been accelerated. 8. By reason of the foregoing Default, Plaintiff respectfully requests entry of judgment in rem incorporating the following sums: (a) Outstanding Principal Balance $91,711.67 (b) Interest due and owing at the rate of 6.46% calculated from the Default Date through May 15, 2007. Interest will continue to accrue at the per diem rate of $16.48 through the date of entry of Judgment in rem. $2,685.22 (c) Attorneys' fees $1,250.00 (d) Recoverable Balance $2,730.05 (e) Escrow Advance $4,475.48 (f) Title Search $373.00 TOTAL IN REM JUDGMENT SOUGHT BY PLAINTIFF $103,225.42 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated or satisfied prior to the Sale, reasonable attorneys' fees will be charged. WHEREFORE, the Plaintiff respectfully requests the following relief: -- Entry of Judgment in rem against the Defendants in the total amount of $103,225.42 as previously itemized, plus al additional interest and other charges accruing through date of Judgment; debarring and foreclosing the Defendant(s), and any person or entity holding or claiming under him/her/them, j/s/a, from the equity of redemption; foreclosure of the Mortgage and issuance of a Writ of Execution providing for Sheriff's Sale of the Subject Property. Respectfully Submitted, Pluese, Bee By: rtt F. Thomas , Esquire ey for Plaintiff y y I.D. No. 70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054-4318 telephone: 856-813-1700 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (tbe act), 15 U.S.C. SECTION 1601 AS AMENDED To the extent the act may apply, please be advised of the following: 1 The amot.int of the original debt is stated in paragraph one of the Complaint attached hereto. 2 The Plaintiff who is named in the attached Notice to Plead and Complaint is the Creditor to whom the debt is owed. 3 The debt described in the Complaint attached hereto and evidenced by the cony of the morteaee/note will be assumed to be valid by the Creditor's law fimn, unless the Debtor(s), within thirty days after receipt of this notice, disputes, in wnting, the validity of the debt or some porYioll thereof. i if the Debtor notifies the Creditor's law firm in writing within shiny navs of the receipt of this not ice that the debt or any porlion thereof is clispwed, the Creditor's law firm will obtain venfication of the debt and a copy of the verification will be mailed to the Debtor by the Creditor's law firth. 5 If the Creditor who is named as Plainli ff in the attached Notice to Plead and Complaint is not the original creditor, and if the Debtor makes whiten request to the Creditor's law firm within twenty (20) days from the receipt of this Notice, the name and address of the original Creditor will be mailed to the Debtor by the Creditor's law firm. 6 Written request should be addressed to Pluese, Becker R Saltzman, LLC 20000 Horizon Way Suite 900 Mt Laurel, New Jersey 08054 Attention Rob Saltzman, Esquire VERIFICATION I, Tracey O'Brien-Moore, as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: January 23, 2007 Apr-1?-2007 U :OOpm From- ( ` C? T-1 74 PA Pregaed By: Address: Telephone: `; t'l?iY Z Ali 8 qj After Recording Return To: Decision One Mortgage Company, LLC 60601.A. !ones Drive, Suite 1000 Charlotte, North Carolina 28287 UPI Number: 21-20-1754-•016D 03/028 F-680 SSpace Above This line For Recording Data) Loan Number 203()050472130 MIN: 100077910003864150 MORTGAGE DEFINITIONS Words used in multiple timdoos of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used in this document are also protndM in Station 16. (A) "Security brs ruroeat" means this document, which is dated AX%M 29, 2005, together with all Riders to this documeru. 1 (B) "Borrower" is JEFF J. SALISBURY AND ELIZABETH A. GARVIN. Borrower is the mortgagor i under this Secnrlty Instrument. (C) "NICKS" is Mortgage Electronic Registration Systems, Inc. A4ERS is n separate corpora ion that is acting solely as a nomince for Lender and Lender's successors and assigns. M M is the mortgagee znuder this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an ad leas and telephone number of P.O. Boa 2026, Flinn, MI 48501-2026, tel. (888) 679-MFRS. (D) "Leader" is Decision One Mortgage Company, LLC. Leuda is a LL' TED LIABILITY COMPANY organized and existing trader the laws of NORTH CAROLINA- Lender's address is 6066 J.A- ? ONES DRIVE, MU 1000, CIIARLOTTE, NOR'T'H CAROLINA 28287. (E) "Note" rncaas the promissory note signed by Borrower and dated APRIL 29, 2005. The Note sates tbat Borrower owes Lender NINETY-THREE 7ROUSAND PIVE 81INDRED TWENTY AND 001100W Dollars (U.S.593,520.00) plug interest, Borrower has promised to pay this debt in regulu Periodic Peymems and to pay the debt in full not later than hIAY 1, 2035, I) (F) "Property" means the ptopeny that is described below under the heading 'Transfer of Rights to the Progeny.' (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment cbargcs and late chaises due under the Now, End all sums due under this Security Instrument, plus Interest. I PENNSYLVANIA-Slagle Runily-Rude 1VIaW7red& Mac UNIFORM INbTMUt?TaTr Form 3039 1101 I IIUI 111111111 IN 11 111 III NO 11 IN On 11111111 IN 1III OX 1905PG 1897 L_ (page I of 14 pages) I I I I i Apr-1,2-2001 02:01pm From- T-IN P.004/ON F-590 I I i I I I I 03) "ltidetx" means all Riders to this Security instrument that are eaecumd by Borrower. The fallowing Riders are to be executed by Borrower (check box as applicable): ®Adjustable Rate Rider ?Condominium Rider [I Sccond Horne Rider 0 Balloon hider O Planned Unit Development Rider Q OtWs) O 14 Family Rider ?Biweekly Payment Rider ? (Il "Applicable Law" m=t:S all conuolling applicable federal, state and local statutes, regulations, ordinances and aC. istrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. W "Community Association Dues, Fern, and Assessments" tne-m all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" me= any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic ins(rttment, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or trtt.-dit an account. Such term Includes, but is not limited to, point-of-sale transfers, automated teller machipe transactions, transfers inidated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. 04) "IVEsmllaneous Proceeds" means any compensation, settlement, award of damages, or proceeds I paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)! damage to. or destruction of, the Property; (ii) condenmtation or other taking of all or any pan of the Propany; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the valui and/or condition of the Property. (1+1) "Mortgage Insurtmee" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payinem" means the regularly scheduled amount due for (i) principal and intereSE under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "IM, SPA" means the Real Estate Settlement Procedures Act (12 U.S.C. li 2601 et seq.) and its implementing. regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from time to?time, or any additional or successor legislation or regulation that goverris the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are Imposed In regard to a "federally slated mortgage loan" even if the Loan does not qualify as a "fedexally related mortgage loan' under RF.SPA, (O "Successor in Iuwegt of Borrower" mesas any parry that has taken dtle to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OP RIGHTS IN THB PROPERTY ! This Security lnatrument secures to Lender: (i) the repaymcm of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security (nstrunisnt and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for ].coder and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located in the County of CUMBERLAND /Type of Rccordlq Jurisdiction] [Nam of Recording Jurisdiction] SCE ATTACHED SCHEDULE "A" PENNSIIVANIA-.Turgie Faintly-Ramie iVfnef} t&U bias UNIFORM INbTRMIWT Form 3039 1/01 (page 2 of I4 pages) BK 1985PG 1*898 Apr-12-2001 02:01pm From- T-174 P.005/029 F-590 whicb currently has the address of 93 PARSONAGE STREET (Street) I NEWVILLE , Pennsylvania 17241 ("Property Address"): [City] [Zip Code] _sments, TOGETFMR WJTH all the improvements now or bore tfter erected on the property, and all Cac appurtenances, and fixtures now or bereaiter a part of the property. All replacements and additions shall also be covered by this Security insttutnent. All of the foregoing is referred to in this Security lasmamcnt as the "Property ." Borrower understands and agrees that MERS holds only legal title to tare interests granted by Borrower in this Security Inatrument, but, if necessary to comply with law or custom, MFRS (as ttomrnee for lender and Leader's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required o Lender including, but not limited to. releasing and canceling this Security Instru=t. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-Imiform coveuaam with limited variations by jurisdiction to constitute a uniform security Instrunm covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Cbarges, and Late ChaMcs. Borrower shall pay when due the principal of, and Interest on. the debt avidevned by the Now and auy prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items puisuant to Section 3. Payments due under the Note and this Security Instrurnenr shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment trader the (vote or thisISectuity Insumment is returned to Leader unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instnunent be made is one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (e) certified check, bank check, treasurer's check or cast ees check, provided any such check is drawn upon an institution whose deposits arc insured by a federal agency, instromeutal.ity, or entity; or (d) Elemottic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in amordsnce with the notice provisions in Section 15 Leader may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufncienc to bring the Loan current' without waiver of any rights hereunder or preJusdicp to its rights to reftue such payment or partial paymcnte in the future, but Lender is not obligated to apply such payments at the rime such payments arc ecempted?• If each Periodic Payment Is applied as of its scheduled due date, then Lender need not pay interest on unapplie I fiords. i PENNSYLVANIA-Single Pamay-Faaac wemeddte Mae UNWORN WSTRL'14iEW Form 3039 1/01 (page 3 OfiY pageaj I BK-1 905PG 1899 I Apr-!1-200T 02:02pm From- T-174 P.006/029 F-590 Lender may bold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of lime, Leader shall either apply such Curds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Botsower Wright have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instr me or performing the covenants and agreements secured by this Security Insautr nt. 2. Application of Payments or Proceeds. Fatcept as otherwise described in this Section 2, an payments =epted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; .(b) principal due under the Note; (c) amounts due under Section 3. Such paymmu shall be applied to each Periodic Payment in the order in which It became due. Any remaining amounts shall be applied fast to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a pa)mcnt from Borrower for a delinquent Periodic Payment which includes a o' I fficient amount to pay any late charge due, the payment may be applied to the delinquent paymcot and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments If, and to the extent that, each payment can be paid in full! To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. 1 Any application of payments. Insurance proceeds. or MisWlaneous Proceeds to principal due under the Note shall not extend or postpone the due dare, or change the amount, of the Periodic Payments. ?dcr 3. Fiends for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a Uen or mcuinbraa= on the Property; (b) leasehold payuueats or ground reins on the Property, if any. (c) premiums for any and all insurance required by lender under Section 5; and (d) Mortgage: Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'Escrow Items.' At origination or at any time during the term of the Loan, Lender may requitu that Communiry Assocladon Dues. Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shag be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amouau to be paid under this Section, Borrower shall pay Lender the Ftwds for Escrow Items unless Lender waives Borrower's obligation to pay the Fonds for any or all LscwD Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any rich waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any l scrow Items for which payment of Funds has been waived byl Lender and, if Leader requires. shall furnish to Lender receipts evidencing such payment within such time period as Under may require. Borrower's obligation to snake such payments and to provide receipts sbatl for all purposes be decavA to be a covenant and agreement contnined in this Security Instrument, as the phrase "covenant avid agreement" is used in Section 9. If Borrower is obligated io pay Escrow Items directly, pursuant to a waiver, and Borrower falls to pay the amount due for am Escrow Item, Lender may exercise Its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Leader any such amount. Lender may revoke the waiver as to any or all Escrow Item at any time by a notice !given in accordance with Section 15 and, upon such revocation. Borrower shall pay to Lender all Fonds, and in such mounts, that are then required ender this Section 3. Lander may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender call require under RFSPA. Lender shall estimate the amount of Funds due on the basis of current data and real sortable estimates of expenditures of furure Escrow Items or otherwise in accordance with Applicable Law. PENNSYLVANIA-Single Family-Fantle hUafFnAdie Mae UNIFORM tNb'rRUMENT Form 3039 1101 (page 4 of 14 pages) BX 1905PG 1900 Apr-12-200T 02.02pm From- T-1 74 P.00T/028 F-580 i i The Funds shall be held in an institution whose deposits are insured by a federal agency, ins try, or eraity (including Lender, if Lender is an institudon whose deposits are so insured) or in any Federal Hoax Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time spedfic+ under RESPA. Lender shall not charge Borrower for holding and applying the Funds, anal ally analyzing theicserow account, or verifying the Escrow Items, nrdess Lender pays Borrower interest an the Funds and Applicable Law permits Lender to makes such a charge. Unless an agreerent is trade in writing or Applicable Law I tares int.xest to be paid on die Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lander can agree in writing, however, that Interest shall be paid on the Funds, Leader shall give to Borrower, withait chargo, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shalt aeeottnt to Borrower efined for the excess funds in accordance with RESPA. If there is a shortage of Rinds held in escrow, as16 under RESPA, Linder shall notify Borrower as required by RESPA, and Borrower shall pay to LeI dcr the amount necessary to nu*e up the shortage in accordance with RESPA, but in no [note than 12Mon hly payments. If there is a deficiency of Funds held in escrow, as defined under RF..sPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 moutlAy payatents. Upon payment In full of all sums secured by this Security Instnimeut, Lender shall promptly i fund to Borrower any Funds held by Leader. d. Charges; Liens. Borrower sball pay all lanes, assessments, charges, fines, and impositions atuibmtable to the Property which can attain priority over this Security lostrument, leasehold payments or ground rents oa the Property, If any, and Catnmunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items. Borrower shali pay theta in the marma provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Semnity lnstrunn nr unless Borrower: (a) agrees iii writing to the payment of the obligation secured by the lien in a rtsaaner acceptable io Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lieu in, legal proceedings which in Lender's opinion operate to prevent the enforcerent of the lien while those proceedings are pending, but only until suds proceedings are concluded; or (c) secures from the bolder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Lzsm[[nent. If lender determines that any part of the Property Is subject to a lien witieh can attain pnonty over this Security Instrawerit, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lieu or take one ormore of the acuow set forth above in this Section d, i Lender may require Borrower to pay a one-tube charge for a real estate tax verification and/or, reporting service used by Lender in connection with this Loan. S. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire. hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Leader requires insurance. TbJs insurance shall be maintained in the amounts (including deductible levers) and for the periods drat Leoder regtures. What lender requires pursuant to the preceding sentences can change daring the term of the Loan. The insurance carrier providing the insurance shalt be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shat! not be exercised unreasonably. Leader may require Borrower to pay, in connection with this Doan, either: (a) a one-time charge for flood Zane determination, certification and tracking services; or (b) a oae-time charge for flood zone determination and certification services and subsequent charges ouch dme remappings or similar changes occur which reasonably might affoLY such dmemimEion or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Managemenit Agency in connection with the review of any flood zone det?wermination resulting from an objection by Borrower. PENINSYLVANIA-Single Family-Faaale 19lWYroddte Mac tWt]RM v4MUMENT Form 3039 1101 (page 5 of 14 Pages) exI905PG1901 Apr-12-200T 02:03pm From- T-174 P-0081029 F-590 I 'I • I • I If Borrower fails to maint-in any of the coverages described above, Lender may obtain insurance covtaage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or a=unt of coverage. Therefore, such coverage shall cover Lender, but might or might not proretx Borrower. Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and rmght provide greater or lesser coverage rhea was previously in of act. Borrower acknowledges that the cast of the insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained. Any amounts disbursed by Leader under this Section S shall become additional debt of Borrower secured by this Security instrument. These amounts shall bear interest at the Note We from tb?f date of disburscment and sha11 be payable, with such interest, upon notice from Lender to Borrower questing payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove iucb policies, shall include a standard mortgage clause, and abaq name Leader as mortgagee and/or as an additional toss payee. Lender shall have rite tight to hold the policies and renewal cerdllcaus. U Lender requires, Borrower shall promptly give to Lender all receipts of paid pretniurns and reoew&l nitres. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shltll include a standard mortgage clause and shall uarrte Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may make proof of loss if not trade promptly by Borrower, Unless Leader and Borrower otherwiselagree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender,+shall be applied to restoration or repair of the Property, if the restoration or repair is ecwnotaically feasible and Lender's security is not lessened- During such repair and restoration period. Leader aball have the right to bald such insurance pmeteds until Leader has had an oppornmity to iospea such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress paynedts as the work ;s completed. Unless an agreement Is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shalt not be required to pay Borrower any interest or eaningsl an such proctois. Fees for public adjusters, or other third parties, retained by Borrower shall riot be paid out of the insurance proceeds and shall be the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. j If Borrower abandons the Property, lender may file, negotiate and settle any available insurance claim and relaicd [natters. if Borrower does not respond within 30 days to a notice from Leader that the Insurancc carrier has offered to settle a claim, then Lender may negotiate and settle the claim. Ile 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rigbts to any insurance proceeds in an amount riot to exceed the amounts unpaid under the Note or this SeLwiry Instrument, and (b) any other of Borrower's ri ghts (other that the right w any refund of unearned premiums paid by Borrower) under all insurance policies coviering the }'roperry, insofar as such rights are applicable to the coverage of the Propetry. Lender may use the lioauravice proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or thisIsecurity Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish. and use the Property as Borrower's principal residence within 60 days after the execution of this Security instrument and shall continue to occupy the Properly as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwi?e agrees in writing, which consent shell not be unremonably withheld, or unless extL.. ing cut umutances Grist which are beyond Borrower's control. i i PENNSYLVANIA,Siagte Family.Fonnle MaerFreddte Mac UhMtOttM INSTRttbMW Form 3039 1/01 (page 6 of ! 4 pages) i I BK 1905PG 1902 Apr-12-2007 02c03pis From- T-174 P.009/029 F-590 7. Preservation, Maintenance and Protecdon of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deterinee or commit Waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Ptoprrty front deteriorating or decreasing in value due to its condition. Unless It is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if don Iat, to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property. Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payinent or in a series of progress payments as the work is completed. If the msunince or condaunafiou proceeds are not sufficient to rep* or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration, j Lender or its agent tray make reasonable eatries upon and inspections of the Property. If it bas reasonable cause. Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the tune of or prior to such an interior inspection specifying such reasonable cause, 8. Borrower's Loan Application. Borrower shall be In default if. during the Loan application process, Sonower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or Inaccurate information or statements to Lender (or failed to providr. Leatler with material infort adon) in eoauection with the Loan. Material representations include, but are not limited to, repre:sentadons conectaing Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security lun ruin t. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) I = is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights uer this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forf'ei tw nde. for enfortxment of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender my do and pay for whatever is reasonable or appropriate to protect lender's interest in the Property and rights under this Security Instrument. including protecting and/or assessing the value of We Property, and securing and/or rcpaWag the Property. Lender's actions can include, but are not limited to; (a) paying any stuns secured by a lien whicb has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its serest in -_he Property and/or rights under this Security buirtiment, Including its secured position In a bankmrptcy proceeding. Securing the Prope: ty includes, but is not limited to; entering the Property to tnake reports, change locks, replace or board up doors and windows, drain water fronn pipes, eliminate building or ocher code violations or dangerous conditions, and have utilities turned on or off. Alrbough Lender racy take acdon under this Section 9, Lender dots not have to do so and is not tinder any duty or obligation to do so. It is agreed that lender incurs no liability for not taking any or all actions authorized under this Section 9. 1 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear int=Mt at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the raerger In writing. PENN'SYLVAMn-5inc1c Family-Famk A13aftuddk M,a UNWOIRM WS1'RUKENT Form 3039 I/01 (page 7e14pages) BKI905PG1903 Apr-i2-2007 02:04pm From- T-174 P.0I61029 F-690 10. Mortgage Insu ranee. If Gender required Mortgage insurance as a condition of snaking the Loan, Borrower sball pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason. the Mortgage insurance coverage required by Lender cases to be available from the mortgage insert=t that pnsviously provided such insurance and Borrower was requinsi to make separately designated paymesttsltoward the premiums for Mortgage Insurance, Borrower shall pay the pretnhims required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate nmrigage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall "ue to pay to Lender the amount of the separately designased payments that were due when the insurance coverage ceased to be in effect. Leader will a=pt, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the loan is uldmarely paid in full, and lender shall not be required to pay Borrower any interest or comings on Stich loss reserve. Lender can no longer require loss reserve payments if Mortgage hasannce covenge (in the atrtount and for the period that Lender requires) provided by an insurer selected by Leader again becomes available, is obtained, and Lender regttirea separately designated payments toward the prerniams for Mortgage rsurnce. If bender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premituos for Mortgage Insurance, Borrower shall pay the prexMiums required to maintain Mortgage Insurance in effect, or to provide a wn-nefwtd2ble loss reserve, until I;cnder's re:quirerreeur for Mortgage Imuraoce ands in accordance with any written agreement between 13orroy er and Lender providing for such tcrtninatlon or until teaninatlon is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the tate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Nate) for certalri losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.) Mortgage hurt-ern evaluate their total risk on all such inswance in font: from time to time, and may enter into agreements with other patties that share or modify their risk, or reduce (dries. These agreement§ are on terms and conditions tbas are satisfactory to the mortgage insurer and the other party (or parties) io these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Irlsurm= pret:uwns). As a rtsult of thme agreen= s, Leader, any purchaser of the Note, anotbcr insurer, any reinsu xr, any other entlry, or any affiliate of any of the foregoing, may rective (directly or indirectly) amonots that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, In exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premitus paid to the insurer, the arrangement is often termed 'captive reinsurance.' Further: (a) Any such agreements will not affect the amounts that Borrower Las agreed to pay for Mortgage Insurance, or any other terms of the Loam Such agreements will not Increase the Amount Borrower will owe for Mortgage Inswwee, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rigbts Borrower has - if any - with respect to the Mortgage Insure ee under the Homeowam Protection Act of 1999 or any other low. These rlghts may include the right to receive certain dise:lostues, to request and obtain cancellation of the )V "tgage 1wuraoce, to have the Mortgage Insurance terminated automatically, and/or to give a retlmd of any Mortgage Insurance premiums that were unearned at the time of such cancellation or tetwinationd U. Assigmnent of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds arc hereby assigned to and shall be paid to Lender. j PENNSYLYANtA•Single Family-Faaale MaOTreMe ALa UMMEt ht INSMUAMa Form 3039 U01 (page 8 of R pages) BK1905PG1904 Apr-12-2007 02:05pm From- T-174 P-0111029 F-590 1 i If the Pmperry is damaged, such Mscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's sccuriry is not lessened. During sueh repair and restoration period, Leader shall have the right to bold such Miscellaneous Proceeds until Leader has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfxtion, provided that such bupecricia shall be undertaken promptly. Leader may pay for the repairs and restoration in a single disbutwment or in a series of progress payments as the work is completed. Unless an agreement b twdc in . writbig or Applicable Law requires iaterest to be paid on such Miscellaneous Proceeds, Lender shall tot be required to pay Borrower any interest or earnings on such Misc&aneous Proceeds. If the restoration or repair is not economically feasible or Leader's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid w Borrower. Such Miscellaneous Proceeds sball be applied iu the order provided for in Section 2. ' In the event of a total taking. destruction, or loss in value of the Property, the Miscellaneous Pcoeeeds shall be applied to the stems secured by this Security Instr unent, whether or not then due, with the ezccss, if any, paid. to Borrower, i In the event of a partial taking, destruction. or loss in value of the Property in which the fair market value of the Property it dletely before the partial taking, destruction, or loss in value is equal to or greater than the amount of the stuns secured by this Security instnimmi immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums stxured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following gactiou: (a) the total arnowu of the stuns secured Immediately before the partial v&ing, destruction, or loss in value divided by (b) the fair market value of the Property Immediately before the partial taking, destruction, or loss io value:. Any balance shall be paid rn Borrower. In the event of a partial taking, desavction, or loss in value of the Property In which the fair marker value of the Property imrediately before the partial taking, destruction, or loss in value is less tba,i the atnoaat of the suns secured immediately before the pardal taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums setcttred by this Secdrity lnsa=teat whether or not the stuns are then due. I If the Property is abandoned by Borrower, or if, after notice by Leader to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Leader is authorized to collect and apply the Miscellaneous Proceed. either w restoration or repair of the Property or to the suns set ured by thislSe?ciry Instrumeat, whether or not then due. 'Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action da regard to Misccll2=10a5 Proceeds. II? Borrower shall be in defaWt If any action or proceeding, whether civil or criminal, is beguft char, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleratian has occurred, tminstater as provided in Section 19, by cursing the action or proceeding to be dismissed with a ruling that, in Leader's judgment, precludes forfeiture of the Property or other material impalu=t of?Lwder's interest In the Property or riglus under this Security Imtumew. The proceeds of any award oriclaim for darnages that are artributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Mis=ilaneotut Proceeds that are not applled to restoration or repair of the Property shill be applied in the order provided for In Secdoo 2. I PENNSYLVANIA-Single ltamlly FanWe VAdFreddk Mac UMMM INSMUMEW Form 3439 INN (page 9 of 14 poses) I i i i I 81?1905PG1905 1 i - i Apr-12-2007 02:05pm From-T-1 T4 P.0121029 F-580 1 i 12.: Borrower Not Releaser); Forbearanee By Lender Not a Waiver. Extension of rho time for payment or modification of amortization of the stuns secured by this Swaity Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in lnrerem of Borrower. Leader shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secamd by this Security lintrumeat by reason of any demand made by the original Borrower or any Suocessors in Interest of Borrower. Any forbearaaee by Leader in exercising any right or remedy iwJud' without limitation, Lender's acceptance of payments from third persons, entities or Successors in laretest of Burrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any !right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint tmd several. However, any Borrower who co-signs this Security instrument but does not execute the Nate (a "co-signer"); (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the property under the tcras of this SecuriEy Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrumem;I and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any ins with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Sexurity Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Smurity Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreesneaacs of this Security Lnstrtrrnew shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 13. Loan Cburges. Lender =y charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this SmMaty lnstrtiamt to charge a specific fee to Borrower sbail not be construed as a prohibition on the charging of such fa. Lender tray not charge fceslthat are expressly prohibited by this Security Instrc v=it or by Applicable Law, If the Loan is subject to a law which sods maximum low charges, and that law is finally interpreted so that the interest or other lotto charges collected or to be collected In connection with the Loan exceed the permitted limits, then: (a) any such loan charge shalt be reduced by the amount necessary to reduce the charge to the pera:dtiecl limp; and (b) any sums already collected from Borrower which exeoeded pcradtred limits will be refunded to Borrower, Lender may choose to make this refund by reducing the principal owed under the Note or by mating a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will coasdwte~ a waiver of any right of action Borrower [night have arising out of such overcharge. 15, Notices. All notices given by Borrower or Lender in eow=tion with this Security Iustretmeut most be in writing. Any notice to Borrower in connection with this Security lnsumuent shall be deemed to h4vebeen given to Borrower when mauled by first class mail or when actually delivered to Borrower's nonce address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers Unless Applicable Law expressly requires otherwise. The notice address shall be the Propetty Address Unless Bori6wer has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lcirder of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address,. then Borrower shall only report a change of address through that specified procedure. There may be only one 1 i I PEWSYINANIASlogic Fwiily-Fannlc WtJFrtddte Mac MHURM iTr6'rBt MVIfT Farm 3039 1/01 (pagr 10 of 1 4pages) i BK1905PG1906 Apr-IZ-ZOOT OZ:06pm From- T-iT4 P.0(3/029 F-590 i designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by dclivering it or by mailing It by fist clew trail to Lender's address stated herein unless Leader has designated another address by notice to Borrower. Any notice is Wanwtion with this Security bistrntnent shall not be deemed w have been given to Leader until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requiremeai under this Security Instrument, 16. Governing Law; Sevembflity; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdictioa in which the Property Is located. All rights and obligations cimtaincd in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Strurity Instrument or the Noce conflicts with Applicable Law, such conflict shall not affcet other provisions of this Security Instrument or the Note which can be given effect without the conflicting pro yf ision. As used in this Security Instrtmmcnt: (a) words of the masculine gender shall mean and i include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean an? include the plural and vice versa; and (c) the word 'tray" gives soft discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Insttu bent. 18. Transfer of the Property or a Bene vial Interest in Borrower. As used in this Section l 8, )'Interest in the Property' means any legal or beneficial interest in the Property, including, but not limited to. those beneficial interests transferred in a bond for deed, contract for deed, Installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or ttaashrred) without Lender's prior written consent, Lender may require luunediate payment In full of all sums secured by this Setardty lnsavment. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Lawrr'__ If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notfce shall provide a period of not less than 30 days from the bate the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instruuuent. If Borrower fads to pay these sums prior to t4c expiration of this period, Lewder tray invoke any re=dies permitted by this Security Instrument without further notice or demand on Borrower. 19, Borrower's Right to Reinstate After Acceleration. If Borrower [Heels certain conditions, Borrower shall have the right to have enforcement of this Security lasuun=t discontinued ar any time prior to the carliesr of., (a) Five days before sale of the property pursuant to any power of sale contalned in this Security instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reiasstate; or (c) cotry of a judo wir enforcing this Security lasavment. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Now as if no aeceleradon bad occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses 'incurred In enforcing this Security Instrument, Including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrumenr; and (d) takes web action as Leader may reasonably require to assure that Lender's interesi in the Pmpe m and rights under this Security Instrument. and Borrower's obligation to pay the sums sutured by this Security Instrument, shall continue unchanged. Leader may require that Borrower pay such reinsrateuumt sums and expenses in one or more of the following forms, as selected by Lenderl(a) cash; (b) money order; (c) certified check, bank cheek, utasurer's check or cashier's dirk, provided any such check is drawn upon an instixution whose deposits are insured by a federal agency, instr rnzataiity ar entity; or (d) Electronic Funds Transfer. Upon reinstatenw-at by Borrower, this Security Instrument and obligations secured hcreby shall remain fully effective as if no accelcration had occurred. Eiowever, this right to reinstateisball not apply in the case of acceleration under Section 18. j i PENNSYLVANIA-Single F;uW1y-7unk MxdFreddre Mme UND10RM INSTRUMENT Forts 3039 1101 (page !1 014 pager) 9KI905PG1907 Apr-12-2007 02:06pm From- T-174 P.01id/029 f-590 , i i 20. Sine of Note; Change of Lotus Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instnrtnent) can be sold one or more times without prior notice w Bbz ower. A sale migbt result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Somairy Instrument and performs other mortgage !oars servicing obligations under the Now, this Security Instrument, and Applicable Law. There also nugbt'x one or more changes of the Loan Servicer unrt:laied to a sale of the Note. If there is a change of the Loan Servicer. Borrower will be given written notice of the change which will state; the name and address of the new Loan Servicer, the addrw to which payments should be made and any other lafortaation RESPA requires in comactioa with a itodce of tr mfer of servicing. If the Now is sold and thereafter the Loan is serviced by a Loan Servicer otherlthen the purchaser of the Note, the morrgagt loan servicing obligations to Borrower will remain with the Loan Set-ricer or be transferred to a successor Loan Servicer and art: not assumed by the Note pu rchWr:r unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this ?5ecurity Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) of such alleged breech and afforded the other party,herew a reasonaWe period after the giving of such notice to take corrective action. If Applicable Law provides a time period which roust elapse before certain action can be taken, that tern period will be deemed to be reasonable for purposes of this paragraph. 'ne notice of acceleration and oppoMmity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 19 shall be deemed do satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used In this Section 21: (a) 'Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other tlaommnbIt or toxic petroleum products. toxic pesticides and becbicidcs, volatile solvents, materials containing asbestos or formaldebyde, and radioactive materials; (b) "L'nvironmental Law" ratans federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environin-ral protection; (c) "Envirotunental Cleanup" includes any response action, remedial action, or removJ, action, as defined in Euvirontnetual Law; and (d) an "Euviroumental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or perrait the presence, use, disposal. storage, or release of any Hazardous Substances. or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Pmpeny (a) that is in violation of any Environmental I aw, (b) which creates an Environmental Condition, or (c) which, due to the presence, use. or release of a HI ?zardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to malatenance of the Pmpeny (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governa=lal or regulatory agency or private party involving the Property, and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) asp p.,nvirnomental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence. use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is testified by any govermm?t d or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Subsrencc affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in aecardauce with Environmental Law. Nothing bereia shall create any obligation on Lender for an Environmental cleanup. I I I PENNSYLV/WA-Single Fandly-Fannie Maefflru s Mac INIFORM INSTRUMNY Form 9039 1/01 (page 12 of l4 pages) OR I 905PG 190.8 deer-Ir-r00T 012:0TPm From- T-1 74 P.olS/OrA F-590 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows; 22, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration fallowing Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration wider Section 18 utrless Applicable Law provides otherwise). Leader shall notify Borrower ofi among other things: (a) the default; (b) the action required to care the default; (c) when the default must be cured; and (d) that failure to cure the default as spedfied may result its acceleration of the sumsisecuued by this. Security bmtrttmentt, foreclos= by judicial proceeding and sale of the Property. Lender shall lumber inform Borrower of the right to reinstate after acceleration and the right to asseri in the foreclosure proceeding the nomrxiatemce of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as spe Med, Lender at its option may require immediate payment in full of all stems secured by this Security butrutucat without farther demAnd and may foregone this Security Instrumenl by judicial proceeding. Lestder shall be entitled to collect iM expenses inured in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fm and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Insrruutent, Ns Security In mirnent and the estate conveyed shall tesu» nate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instruo-wmi. Borrower shall pay any recordation costs. Lender may charge Borrower g fee for releasing this Security Instrument, but only if the fee is paid to a third party for services re:ade" and the charging of the fee is permitted under Applicable Law. 2.4. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any,, error or defects in proceedings to enforce this Security Instatmew. and hereby waives the benefit of any present or future laws providing for stay of execution, extension of tune, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Dorrower'S tune to reinstate provided in Section 19 shall extend to ouc hour prior to the corn cement of bidding at a sheriff's sale or other salt pursuant to this Serauity Instrument. 26.- Purehuse Money Mortgage, If any of the debt sawed by this Security Imauroeat is lent to Borrower io acquire title to the Property, this Security instrument sball be a purchase money rmrtgage. 21. Interest Irate After Judgment. Borrower agrees that the interest raze payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to titiae under i the Note. PENNSYLVANIA4ingie Fwally-Pinuie Rl dhcddte 1Nsr pNII+'ORM 1N=1Df EiV'f Farm 3039 1101 8K 1.905PG 1909 i (/)age 19 pj14pogesj I i apr-12-2001 02:08pm Fron- 7-174 P-016/029 F-590 BY SIGNING BIELOW, Borrower accepts and agrees to the tams and covenants contained in thin Security Ins =cnt and in any Rider exerted by Borrower and recorded with it. Witnesses: /1? (Seal) dtonawcr S i'ATF OF PENNSYLVANIA COUNTY OF CUMBERLAND (Seg) -Bormwcr 'to Z-1 ?A (Sew) ELUUMTH A GAON -' 1.80rraWff j (5eei) i On this, the ? day of ?nl ?_,. c2J d 1 , before me, the undersigned officer, personally appeared JEFF J. S URY AND ELIZABETH A. GARVIN, known to we (or sstisfactnrilY Proven) to be the person(s) whose nom (s) Islue subscribed to the within insttvment, and aclmowledged that he/she/they executed the same for the purposes therein contained. J y',:•? '.? , ?r• In witness whereof, I hereunto set my band and ofli' 4 - I .; ,, , • • :.; (Seal) u'eal. F10 1L COMMOhWFgL'fH OF PcNNSYLVANtA w i ,r. .?' _T Titl 0 60 fficcr Q Expire . Expires! Mary At Price, Kota i Public My Commission ;4 Carlisle Soto, Cumberland County Typed or printed name: ar i t; ; My Commission Expires Aug. 18, 2007 -;: " CERTLPIC°"'19tB>to! a Natodes do hereby certify that the correc '? address of the within-named leader is 6060 J.A. JONES DRIVE, SUITE ]000, CHARLOTYE, NORI CAROLINA 28287, wigs my hand this day of i I Agent of Lender. PDO;SltVAMA-Slogk Family-FmLde ltoe/Frtddle Mac UNDORM INS'MUMN'r Funn 3039 1/01 (page 14 of 14 pager) 8K 1905PG 19 10 Apr-12-2007 02:08pm From- T-IT4 P.017/029 F-580 i Exhibit A ALL THAT CERTAN tract of land situate in the Borough ofNewAlle, Cumberland County, Pennsylvania, more fiYllybounded and described as follows: BEGINNING at a point on the northern right of way line of Parsonage Street; thence along right of way of Washington Street; thence along said right of way line North 26 degrees 00 minutes West 191.0 feet to a point on the southern right of way line of unopened 16.6 feet Church Alley; thence along unopened Church Alley North 64 degrees 00 minutes East 40.0 feet to an iron pin; thence along the divicling line between Dots Nos. 8 and 9 on said survey South 26 degrees 00 minutes East 191.0 feet; thence along the northern right of way line of Parsonage Street South 64 degrees 00 minutes Vest 40.0 feet to a point, the Place of B$GINNWG. i BENG designated as Lot No. 9 on the survey of Mary E. Barrick and further bounded and described in accordance with a survey prepared by Eugene A. Hockensmith, R.S. dated August 21, 1986. TOGETHER with and subject to a 15 foot wide easement along the southern boundaries of Lots 7, 8, and 9 for ingress, egress and regress to and from said lots and Parsonage Street as sliown on the attached Plan. i BEWG the same premises which Durham Homes, Inc., a Pennsylvania Corporation, by their deed dated March 30, 1995 and recorded in Cumberland County, Pennsylvania Deed Boo,; 120, Page 429, granted and conveyed unto David P. Gregoire and Barbara A. Gregoire, husband and wife, Grantors herein. i BK 19 0* 5 PG 1 9.1 -1 faqz?a .Ttify tl is to he rt Co C11- aCount`1PA erlan • In Cu111U ,? ar?,? go DeeCIS ' Y COT 0 d HC)rvw,Q SI RV?ICING DF785 January 26, 2007 ELIZABETH A GARVIN 93 PARSONAGE ST NEWVILLE, PA 17241 HOMEOWNERS NAME(S).- PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: ELIZABETH A GARVIN 93 PARSONAGE ST NEWVILLE, PA 17241 0323926170 HomEq Servicing ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DER-ECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMBRO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT lake further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender/servicer, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The Agency) has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 93 PARSONAGE ST NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $2,426.80 c) Late Charges: $115.52 d) Recoverable Corporate Advances: $2,969.31 e) Other Charges and Advances: $0.00 F) Less funds in Suspense: ($20.10) g) Total amount past due as of (due date): $5,491.53 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $$5,491.53 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check, certified check, or money order made sayable to HomEq and sent to: Regular Mail HomEq Servicing P. 0. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1 100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) days of the date of this notice, the lender/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing also intends to instruct its attorneys to start a legal action to foreclose upon your mortgap_ed property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the servicer even if they are over $50.00. Any attorneys fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorneys' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s Sale. You may do so by paying the total amount then past due plus any late charges, other charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE It is estimated that the earliest date that such Sheriffs sale of the mortgaged property could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counseling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT; • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF; • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1 (800) 342-2397 HOMEQ S)G. Fmcj[NG DF785 January 26, 2007 JEFF J SALISBURY 93 PARSONAGE ST NEWVILLE, PA 17241 HOMEOWNERS NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: CURRENT LENDER/SERVICER: JEFF J SALISBURY 93 PARSONAGE ST NEWVILLE, PA 17241 0323926170 HomEq Servicing ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the counselin agency The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA 1MPORTANCIA, PUES AFECTA SU DER-ECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO_ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. THIS NOTICE CONTINUES ON THE NEXT PAGE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must w range for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU FAUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. Advise this lender/servicer immediately only your intentions APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender/servicer, you have the right to apply for financial assistance from the Homeowners Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner s Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency (The Agency) has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above- You will be notified directly by the Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 3 NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 93 PARSONAGE ST NEWVILLE, PA 17241 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $2,426.80 c) Late Charges: $115.52 d) Recoverable Corporate Advances: $2,969.31 e) Other Charges and Advances: $0.00 0 Less funds in Suspense: ($20.10) g) Total amount past due as of (due date): $5,491.53 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $$5,491.53 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashiers check, certified check, or money order made payable to HomEq and sent to: Regular Mail HomEq Servicing P. 0. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1 100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) days of the date of this notice, the lender/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing also intends to instruct its attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys fees actually incurred by the servicer even if they are over $50.00. Any attorneys fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorneys' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff s_Sale. You may do so by paying the total amount then past due plus any late charges other charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender/servicer and by performing, any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE it is estimated that the earliest date that such Sheriffs sale of the mortgaged property could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. HOW TO CONTACT THE_LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Contact Name PA Housing Response Specialist Address 4837 Watt Avenue, North Highlands, CA 95660-5170 Attn: PA Housing Response Team Telephone Number: 1-800-795-5125 FAX Number (916) 339-6940 for use by local counseling agency to notify HomEq that the homeowner met with the agency. EFFECT OF SHERIFF'S SALE You should realize that a Sheriff s sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO Pti OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT; • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF; • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR;) • TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER; AND/OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt- however, failure to pay the delinquent balance is necessary to avoid foreclosure You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Homeowners' Emergency Assistance Program CUMBERLAND COUNTY Effective 8/18/2005 at 10:05:07 QM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 1 (888) 511-2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (117) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 1 (800) 342-2397 EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK NATIONAL ASSOC. as Trustee. Plaintiff(s), vs. JEFF J. SALISBURY AND ELIZABETH A. GARVIN, Defendant(s). CIVIL DIVISION No. 07-2424 CIVIL TERM Type of Pleading: ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE Filed on behalf of: JEFF J. SALISBURY AND ELIZABETH A. GARVIN, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1041 Applejack Drive Gibsonia, PA 15044 (724) 444-0086 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK NATIONAL CIVIL DIVISION ASSOC. as Trustee, Plaintiff(s), No.07-2424 CIVIL TERM vs. JEFF J. SALISBURY AND ELIZABETH A. GARVIN, Defendant(s). ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant(s), JEFF J. SALISBURY AND ELIZABETH A. GARVIN, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: 1. Paragraph 1 is ADMITTED. 2. Paragraph 2 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 2 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 3. Paragraph 3 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 3 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 4. Paragraph 4 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 5. Paragraph 5 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 6. Paragraph 6 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 7. Paragraph 7 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 8. Paragraph 8 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 9. Paragraph 9 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, Defendant(s) requests this court to-enter a judgment in their favor and or dismiss the Plaintiff's complaint. Fro W.,F g , ttorney for P6fendanf(,s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK NATIONAL CIVIL DIVISION ASSOC. as Trustee, Plaintiff(s), vs. JEFF J. SALISBURY AND ELIZABETH A. GARVIN, Defendant(s). No. 07-2424 CIVIL TERM VERIFICATION I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) JEFF J. SALISBURY AND ELIZABETH A. GARVIN and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they is/are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: / red r agd IV- Esquire -~ Attomey? D fendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WELLS FARGO BANK NATIONAL CIVIL DIVISION ASSOC. as Trustee, Plaintiff(s), vs. JEFF J. SALISBURY AND ELIZABETH A. GARVIN, Defendant(s). No. 07-2424 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this June 9, 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery _X by first class mail, postage prepaid on the following: ROB SALTZMAN, ESQ. PLUESE, BECKER ,& SALTZMAN, LLC 20000 HORIZON WAY, SUITE 900 MT. LAUREL, NJ 08054 June 9, 2007 Date EXHIBIT "C" Nuese, Becker & Saltzman, LLC Attorneys at Law Robert F. Thomas, Esquire Attorney Identification No.: 70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 (856)813-1700 Attorney for Plaintiff 78561 WELL FARGO BANK NATIONAL AS TRUSTEE Plaintiff, V. JEFF J. SALISBURY AND ELIZABETH A. GARVIN COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-2424 Civil Term CIVIL ACTION INTERROGATORIES Defendants, INSTRUCTIONS 1. If you claim any form of privilege, whether based on statute or otherwise founded, as a ground for not answering an interrogatory or any part of an interrogatory, set forth in complete detail the nature of the privilege and all facts upon which the claim is based. 2. If you claim any form of privilege, whether based on statute or otherwise, as a ground for not describing requested oral communication or documents, state the following: (a) the date thereof, (b) the name, the present or last known home and business addresses and the telephone numbers thereto, the title (or position), and the occupation of each of the participants in said oral communication, or of those individuals who prepared, produced, or reproduced, or who were recipients of, said document; (c) the name, the present or last known home and business addresses and the telephone numbers thereto, the title (or position), and the occupation of each person present during all or any part of said oral communication; (d) a description of the oral communication or of the document sufficient to identify it without revealing the information for which the privilege is claimed, and (e) each and every fact or basis upon which you claim any such privilege. 3. Whenever a date, amount, or other computation or figure is requested, the exact date, amount, or other computation or figure is to be given unless it is not known; and then the approximate date, amount, or other computation or figure should be given or the best estimate thereof: and the answer shall state that the date, amount, or other computation is an estimate or approximation. 4. If any document or copy thereof was, but is no longer, in your possession or subject to your control, state what disposition was made of it. 5. Where facts set forth in the answers or portions thereof are supplied upon information and belief, rather than upon your direct personal knowledge, you should so state, and specifically identify each source of such information and belief. Should you be unable to answer any interrogatory or portion thereof by either actual knowledge or upon information and belief, you should so state and detail your efforts to obtain such knowledge. 6. No answer is to be left blank. If the answer to an interrogatory or subparagraph of an interrogatory is "none" or "unknown", the word "none" or "unknown" must be written in the answer. If the question is inapplicable, the words "not applicable" must be written in the answer. 7. References to an individual, partnership, or corporation include any and all agents, employees, representatives, attorneys, and all other persons or entities acting on his, her, or its behalf or under his, her, or its control. 8. The following interrogatories shall be deemed to be continuing, and any additional information (including, but not limited to, any conclusions, opinions, or contentions) that is different from that set forth in your answer to these interrogatories, which you acquire subsequent to the date of trial, shall be furnished to the attorneys for Plaintiff promptly after such information is acquired. -2- -3- DEFINITIONS For the purpose of these interrogatories, the following definitions hereinafter apply to the most frequently used words and their derivatives. For all other words, rely upon the common meaning found in any standard English dictionary. A. The term "address(es)" refers to all current home and business address(es) and telephone number(s). All known or last known address(es) should be provided. B. The term "and" shall mean and/or. C. The term "contact(s)" refers to any direct or indirect person to person communication, oral or written, in person and/or through anyone or anything else. D. The term "conversation(s)" refers to any verbal or non-verbal expression(s) or conduct; all sounds, utterances, noises, acts or movements made by anyone which were (are) sensed as having any meaning. E. The term "description(s)" refers to discourse intended to give a mental image(s) of something experienced; a descriptive statement or account of kind or character, especially as determined by any important feature(s) or circumstance(s). F. The term "document(s)" is used herein in the broadest sense possible, and without limitation, to refer to the original, and to any non-identical copy of any original, of any tangible source of information including computer printouts, or microfilm, computer tape/card, tape recording, photograph, film, video tape, any evidence of any communication, regardless of its manner of representation, consisting of letters, words, numbers, symbols, characters, pictures, graphic presentation, or sounds, or of any combination thereof, regardless of its origin, or of its location, which is, as of the date of service of these interrogatories, in the custody of, or in any way subject to the control of defendant(s) or their attorney(s). The term "document(s)" also refers to all preliminary drafts, versions, or revisions of any of the aforementioned, to all underlying, preparatory, or supporting materials thereto, and to all studies, analyses, or other evaluative or interpretative reports thereof. G. The term "expert(s)" refers to as expert who has rendered Any opinion. H. The term "fact(s) refers to occurrences and things personally witnessed and facts intended to be produced at trial, including all things known or believed to be true byyou, your attorney(s), agent(s), servant(s) or employee(s); including tangible things or physical places or conditions and the -4- existence, description, nature, custody, condition and location of andy books, documents or other tangible things. If facts are not personally witnessed, please state the source of the knowledge or supposition. If facts are known or suspected through hearsay source(s), please identify the hearsay source(s). 1. The terms "identify", "identify", or "identification" shall have the following meanings: (1) When used in reference to an individual natural person, shall mean to state the name, age, the present or last known business and residence addresses (including street name and number, city or town, state, and telephone number(s)), the current business affiliation and position and the position during the time specified of said individual. (2) When used in reference to any other entity included within the definition of "person(s)" above, shall mean to state the current or last known full business name and all previously registered and/or operating names, if any, the present or last known business address, the nature of the business, and the identity of the chief executive officer(s) and/or general manger(s) throughout the specified time period of said entity. (3) When used in reference to a document, shall mean to state the following: (a) the date of its preparation; (b) the identity of its author and of any individual involved in its preparation and/or its production; (c) the type of document (e.g. letter, chart, memorandum, etc.) or some other designation by which to identify it; (d) its contents; (e) its present custodian or location; and (f) the identification of all persons for whom it was prepared, or who received copies of it, regardless of whether or not said individuals were designated addressees or said document. (4) When used in reference to a meeting or to an oral communication, shall mean to state the following: (a) the date and place thereof; (b) the identity of the individual who initiated said meeting or oral communication, (c) the identity of each person who participated in, or who was present at, any part of or all of said meeting or oral communication, or who became privy to the substance of said meeting or oral communication; (d) the purpose, content and substance of said meeting or oral communication; and (e) whether said meeting or oral communication occurred in person or by telephone, and, if both, the method by which each individual participated. -5- (5) When used in reference to physical objects or merchandise: (a) present location; (b) full physical description; (c) number, color, weight and measurement; (d) present fair market value. J. The term "immediate" refers to general time in relation to or directly preceding and following a fact or occurrence of continuous or successive existence. K. The term "knowledge" refers to awareness of, or information about, something gained through direct or indirect experience or association. L. The term "name(s)" includes all aliases, maiden names(s) or former name(s) used, with or without legal proceedings, as well as all prior corporate or trade name(s). M. The term "observation(s)" refers to anything sensed by the five (5) senses. N. The term "opinion(s)" refers to judgment, appraisal or view formed in the mind. If lay opinion of named witnesses is known, then such lay opinion should be specified. 0. The term "or" shall mean and/or. P. The term "oral communication" shall mean any utterance, spoken or heard, whether in person, by telephone, or otherwise. Q. The term "person(s)" refers to any human or non-human entity whatsoever, including any individual(s), partnership(s), association(s), corporation(s), or combination(s), natural person(s), proprietorship(s), trust(s), joint venture(s), group(s) and organization(s), whether or not recognized by law. R. The term "possession" refers to having or taking anything into control, something owned, occupied or controlled. S. The terms "refer to" and "concerning" shall mean directly or indirectly, in whole or in part, referring to, relating to, connected with, commenting on, impinging or impacting upon, affecting, responding to, showing, describing, analyzing, reflecting or constituting. T fact(s) occurred; alleged; The term "set forth specifically and in detail" obligates you to: (1) State all facts in detail, vis-a-vis, when, where, how and in what manner the (2) (3) (4) (5) (6) your refusal to attach same. How, where, when and from whom you learned said facts(s); Identify any documents or oral communications which substantiate the fact(s) Identify the person(s) having custody or control of each such document; Identify any person(s) who substantiate(s) the fact(s) alleged; and Attach a copy of all documents or set forth in detail the legal/factual basis for -6- U. The term "statement(s)" refers to a narration of summary of facts and/or opinion. V. The term "time(s)" refers to a definite period of duration: e.g.; moment, second, minute, hour, date, year, season, etc.; the general idea of relation or fact of continuous or successive existence. W. The term "you/your" is you, the party to whom these interrogatories are directed, your attorneys, immediate family, your business/personal agents, servants and/or employees. RELEVANT TIME PERIOD Unless otherwise stated in the within Interrogatories, information requested is for the period from the beginning of negotiations between or among the parties regarding the contract(s) at issue herein up to and including the date of trial ("relevant period"). If during the relevant period, there are any changes in any of the information sought by the within Interrogatories, each such change is to be provided, specified by date and described in detail. -8- I . State the name and addresses of all persons who have knowledge of any relevant facts relating to this action, or whom answering Defendant will call as witness(es) at trial. Regarding each witness, state in summary from the anticipated substance of the testimony of each such witness. 2. Have you employed any expert(s) to render an opinion or otherwise act on your behalf in any matter pertaining to this action? If so for each such expert state: (a) his or her name and address; (b) his or her occupation and specialty; (c) A description of his or her qualifications; (d) The number of _years of experience in his or her specialty; (f) The name of each professional society or organization of which he or she is a member; (g) A description of the services he or she has been employed by you to perform; (h) A description of the remuneration for the services rendered by such expert; (1) Whether you propose to call him or her as a witness; 0) Whether he or she has ever been a witness in any other lawsuit, and if so, for each lawsuit, state the caption of the action, the kind of claim(s) involved, the date of filing, and the name and address of the party for whom he or she gave evidence; (k) Whetheryou are personally or professionally associated with such individual. 3. Have you, or any or your employees, attorneys or representatives obtained a written statement regarding any of the matters involved in this action? If so, for each statement, state: (a) The date it was made; (b) The name, address and telephone number of the person who made it; (c) The name, address, telephone number and occupation of each person who was present when it was made; (d) The date it was obtained by you, or on your behalf, (e) The name, address, telephone number, occupation, and relationship to the person who obtained it on your behalf; -9- (f) The name, address, telephone number and occupation of the person having present custody of it. Attach a copy of each such statement to your answer to these interrogatories. 4. Other than as previously stated, have you or any of your employees, attorneys or representatives obtained a written statement from any person who has, or claims to have knowledge of any facts involved in action? If so, for each statement, state: (a) The date it was obtained; (b) - The place it was obtained; (c) The name, address, telephone number and occupation of the person who made it; (d) The name, address, telephone number, occupation and relationship to you of this person who obtained it; (e) The name, address, telephone number, occupation and relationship to you of each other person present when it was obtained. (f) The name, address, telephone number and occupation of the person having present custody of it. Attach a copy of each such statement to your answer to these interrogatories. 5. Has any oral statement been made to you, your attorneys or representatives, by any person who has, or claims to have, knowledge of any facts regarding any issue in this action? If so, for each oral statement, state: (a) The date and time it was made; (b) The name, address, telephone number and occupation of the person who made it; (c) The name, address, telephone number, occupation, and relationship to you of this person to whom it was made; -io- (d) Where it was made; (f) The name, address, telephone number, occupation and relationship to you of each other person present when the statement was made. 6. If you know of the existence of a record which evidences any of the oral statements referred to in your answers to the preceding interrogatory, attach a copy of such record to your answers to these interrogatories. 7. Do you have knowledge of any fact(s) pertaining to, connected with, or in support of any or the allegations contained in your Answer to the Complaint herein? If so, for each separate and/or affirmative defense, state: (a) Each fact about which you have knowledge; (b) What the knowledge is, in each case; (c) The manner in which such knowledge was acquired; (d) The name and address of each person, or entity known to you, your attorneys or representatives, who also has (have) knowledge of such facts; 8. Do you know of any document(s) which support(s) any of the allegations referred to in the preceding interrogatories? If so, for each such document, state: (a) A description of it; (b) The name and address of the person who created it; (c) The date it was created; (d) The date you first became aware of it; (e) The name and address of each person who has or can produce a copy of it; Attach a copy of each such document to your answers to these interrogatories. 9. Do you contend that any person or entity not a party to this action, acted in such a manner as to cause, or contribute to the cause of the occurrence involved in this lawsuit? If so, for each such person or entity, state: (a) The name, or other means of identification, and address; (b) The act(s) of such other person(s) or entity(ies) which caused or contributed to the occurrence which is the subject of the Complaint herein; _11- (c) A statement of all facts on which you rely to support such contention. 10. Do you contend that any evidence tends to support any of your defenses to the allegations contained in the Complaint herein? If so, state: (a) The evidence which support(s) such defense(s); (b) The name and address of each person or entity, known to you, who has knowledge of such evidence; (c) The time and date each person or entity observed or otherwise became aware of such evidence; (d) Whether any photographs or copies were made of such evidence; and, if so, (1) The name and address on the person who made them; (2) The number taken; (3) The subject of each; (d) The name and address of the person or entity who has custody of each Attach a copy of each such photograph or copy thereof to your answers to these interrogatories. 11. State the facts upon which you base the allegations contained in the New Matter filed with your Answer. 12. Other than as previously stated, State in detail what proofs will be offered by answering Defendant(s) at the Trial of this action to support any Defense, Counter-Claim, New Matter Third Party action, or any other allegations set forth in these answers, or in any other pleading filed or intended to be filed by answering Defendant(s). Attach hereto a copy of every document forming a part of such proof. 13. If you contend that any statute, regulation, rule, standard or other law was violated in any manner, set forth each such statute, regulation, rule, standard or other law with specificity, and state with specificity the bases for the claimed violation. -iz- 14. Did you fail to perform any of your obligations under any contract at issue herein? If so, describe each such obligation you did not perform: If you claim you were excused from performance of any such obligation, state: (a) The facts constituting the excuse; (b) The dates and duration of each such fact; (c) Whether it was possible for you to perform your obligations despite such facts, and, if so, describe how your performance would be made more expensive, time consuming or difficult by reason of such facts. 15. Did you notify Plaintiff, or any authorized representative of Plaintiff or Plaintiffs predecessor in interest of any reason for your nonperformance? If so, State: (a) When you informed such person or entity; (b) The manner in which you informed such person or entity; (c) The substance of such communication; (d) If any record was made as such communication, attach a copy of the same to this answer. 16. State whether you made any attempt to overcome or alleviate any fact which contributed to your nonperformance of any of your contractual obligations herein. If not, state why not. If so, for each fact, state: (a) The remedial action taken: (b) The inclusive dates of such action; (c) The degree of success achieved; (d) The reasons for any lack of success. 17. If you claim that you in no way contributed to the cause or existence of any fact(s) which caused or contributed to your nonperformance, what do you contend was responsible for the creation or existence of such facts? 18. Do you contend that any person or entity was instrumental in the creation of any fact which -13- resulted in the failure to perform any of your obligations under any contract at issue herein? 19. If so, upon what facts do you base such contention? 20. Under the terms of the contract(s) as issue herein, state what benefits or other advantages you were to receive: 21. Under the terms of the contract(s) as issue herein, state what benefits or other advantages were any other party, person or entity to receive. 22. Do you claim that you received an inadequate consideration for the benefits conferred in the contract(s) at issue herein? If so, what value do you attribute to the benefits you received under the contract(s) at issue herein? 23. What value do you attribute to the benefits or other consideration you conferred or were to confer under the contract(s) at issue herein. 24. State the bases for your computation of the valuations made in the foregoing interrogatories. 25. If someone is answering these interrogatories on your behalf, identify the person and state the relationship of such person to you. 26. Have you read each and every question contained in these interrogatories? 27. Have you reviewed each and every question with your attorney? If not, specify which questions were not reviewed with your attorney. -14- 28. Have you read each and every answer to the questions contained in these interrogatories? 29. Have you reviewed each and every answer to the questions set forth herein with your attorney? If not, specify which answers you have not reviewed with your attorney. 30. Has your attorney explained to you that your answers to these interrogatories are given under oath? 31. State the date on which these interrogatories were answered. 32. Attach hereto copies of any and all documents relied upon by your in answering each and every one of these interrogatories. -is- CERTIFICATION We are aware that if any of the foregoing statements made by ourselves are willfully false, we are subject to punishment for contempt of Court. Jeff J. Salisbury Elizabeth A. Garvin DATED: -16- PLUESE, BECKER & SALTZMAN, LLC Attorneys At Law 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorneys for Plaintiff WELLS FARG BANK NATIONAL AS TRUSTEE Plaintiff, v. JEFF J. SALISBURY AND ELIZABETH A. GARVIN Defendants, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-2424 Civil Term Civil Action REQUEST FOR PRODUCTION OF DOCUMENTS DEFINITIONS 1. DOCUMENT shall include the plural and shall mean, without limitation, unless otherwise indicated, the original and each copy of each and any writing, evidence of indebtedness, memorandum, letter, correspondence, facsimile transmittal, telegrams, note, minutes, contract, agreement, inter-office communication, bulletin, circular, pamphlet, photograph, study, notice, summary, invoice, diagram, plan, drawing, diary, record or note of telephone conversation, chart, schedule, entry, print, representation, record, report and tangible item or thing of written, readable, graphic, audible or visual material of any kind or character whether hand-written, typed, xeroxed, photostated, printed, duplicated, reproduced, recorded, photographed, copied, microfilmed, microcareded or transcribed by any means, including without limitation, each interim, as well as final, draft in each revision which is in the possession of subject to the control of you or your present or former agents, employees, or representatives, including counsel and including any related corporations which performed any work for you in connection with this matter. 2. YOU means the person to whom the request is addressed, including the officers, director, agents, attorneys, employees or representatives, and any and all persons acting or purporting to act on said person's behalf and/or any and all entities acting or purporting to act on said person's behalf. 3. PERSON or PERSONS includes plaintiffs, defendants, third party plaintiffs, third party defendants and all others and means the individuals and entities, including, without limitation, individuals, representative persons, association, companies, corporations, partnerships, limited partnerships, joint ventures, trusts, estates, public agencies, departments, divisions, bureaus and boards. 4. ALL and ANY shall mean ANY and ALL. 5. AND shall include OR and OR shall include AND. -z- INSTRUCTIONS I . If you claim any form of privilege, whether based on statute or otherwise founded, as a ground for not producing any document or any portion of any document required to be produced pursuant to this Request for Production of Document, set forth in complete detail all facts upon which the claim of privilege is based. 2. If you claim any form of privilege, whether based on statute or other wise, as a ground for not describing requested oral communication or documents, state the following: (a) the date thereof, (b) the name, the present or last known home and business addresses and the telephone numbers thereto, the title (or position), and the occupation of each of the participants in said oral communication, or of those individuals who prepared, produced, or reproduced, or who were recipients of, said document; (c) the name, the present or last known home and business addresses and the telephone numbers thereto, the title (or position), and the occupation of each person present during all or any part of said oral communication; (d) a description of the oral communication or of the document sufficient to identify it without revealing the information for which the privilege is claimed; and (e) each and every fact or basis upon which you claim any such privilege. 3. Whenever a date, amount, or other computation or figure is requested, the exact date, amount, or other computation or figure is to be given unless it is not known; and then the approximate date, amount, or other computation or figure should be given or the best estimate thereof. and the answer shall state that the date, amount, or other computation is an estimate or approximation. -3- 4. If any document or copy thereof was, but is no longer, in your possession or subject to your control, state what deposition was made of it. 5. References to an individual, partnership, corporation shall include any and all other persons or entities action on his, her or its behalf or under his, her or its control. b. The following documents requests shall be deemed to be continuing, and any additional document(s) not produced in your response, which you acquire subsequent to the date of the answering of this Request for Production of. Documents, up to and including the date of trial, shall be furnished to the attorneys for the plaintiff promptly after such information is acquired. -4- RELEVANT TIME PERIOD Unless otherwise stated in this Request for Production of Documents, information requested is for the period from the beginning of negotiations regarding the contract(s) at issue herein up to and including the date of trial ("relevant period"). If, during the relevant period, there are any changes in any of the information sought by this Request for Production of Documents, each such change is to be provided, specified by date and described in detail. -5- DOCUMENTS TO BE PRODUCED TO: Jeff Salisbury and Elizabeth A. Garvin c/o Fred W. Freitag, IV, Esquire 1041 Applejack Drive Gibsonia, PA 15044 1. Legible copies of the front and back of all canceled checks or other evidence of payments made by answering Defendant(s) on account of the obligations(s) at issue herein. 2. Legible copies of all correspondence between or among the parties or other persons or entities relevant to this action. Legible copies of all documents or other evidence upon which answering Defendant(s) will rely at the trial of this action. 4. Legible copies of all documents referred to in Defendants' pleadings. -6- CERTIFICATION We hereby certify that the copies of the reports or documents hereto attached are true copies of documents and reports in our possession or of which we have knowledge; that the existence of other reports, documents or writings relative to or supporting our position or claim in the within action, including oral reports, are unknown to me and if such become known or available, we shall serve them promptly upon the party propounding this Request for Production of Documents. We hereby certify that the foregoing statements made by us are true to the best of our knowledge, information or belief. We are aware that if any of the foregoing statements made by us are willfully false, we are subject to punishment for contempt of Court. Jeff J. Salisbury Elizabeth A. Garvin DATED: PLUESE, BECKER & SALTZMAN, LLC Attorneys At Law 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorneys for Plaintiff WELLS FARGO BANK NATIONAL AS TRUSTEE Plaintiff, V. JEFF J. SALISBURY AND ELIZABETH A. GARVIN Defendants, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-2424 Civil Term Civil Action REQUEST FOR ADMISSIONS REQUESTS FOR ADMISSIONS TO: Jeff Salisbury and Elizabeth A. Garvin c/o Fred W. Freitag, IV, Esquire 1041 Applejack Drive Gibsonia, PA 15044 Pursuant to applicable Rules of Court, you are hereby requested to admit (for purposes of the above- captioned action only) the following: 1. The Note which is the subject of this action was properly executed by answering Defendant(s). 2. The copies of the Note attached to the Complaint herein is a true and correct copy of the document at issue herein. 3. The execution of the said Note was not procured by fraud or any other impropriety by Plaintiff, Plaintiffs predecessor(s) in interest or any alleged agent of Plaintiff. 4. Answering Defendant(s) had the capacity to enter into the contract(s) at issue herein. 5. Answering Defendant(s) was (were) obligated to maintain regular payments in accordance with the Note at issue herein. 6. Answering Defendant(s) was (were) in default of the aforesaid obligations(s) at some time under the terms of the said contract(s). 7. Answering Defendant(s) was (were) in default of its obligations(s) of the Note at the time set forth in the Complaint (as Amended, if applicable) herein. 8. Defendants'(s') said default has not been cured as of the date hereof. -z- EXHIBIT "D" !Pr-l?-200T 02:00pm From- Prep',ved By: N erne. Address: Telephone: After Recording Return To: Decision One Mortgage Company, LLC 6060 J.A. Jones Drive, Suite 1000 Charlotte, Nonh Caxolina 28287 UPI Number: 27-20-1754-.016D T--114 P.0013/W F-590 ,r .,r ('1 Y Z ft? 8 41 _-? (SPace Above This Line For Recording Data) Loan ;:umber 20' 0050472130 NUN : 140077 9100(13 864150 MORTGAGE UFF114 TIONS I Word used in rnulapic :?ectio? of this document are defined below and other wards are dctined is See *on& 3, it, 13, 18, 20 and 2). Certain rules regarding the usage of words used in this document are also provided iD I Section 16. iA) "Sr-curity Inscr-uroeat" UXU5 this docurtumi, which is dated AjgZ L.: °, 205, together ?i?h wt Rivers in this document. (B) "Borrower" is JEFF J. SALISBURY AND ELIZABETH A- GARVIN. Borrower is the nwttgagar i under this Security Insuument. I (C) "NIM" Ls Mortgage Electronic Registration Syse ns, Inc. MFRS is it separate corporadon that is acting solely as a nonfmcc for Leader and I mder's =3 and assigns. HERS is the mortgagee under this Security Instrument. MERS is orgaaized and existing under flee laws of Delaware, and bas an address and telephone number of P,O. Box 2026, Flim. M( 48501-2026, tel. (888) 679-MGRS. I (i)) "Lender" is Derision One Mortgage Company, LLC. Leudcr is a LE?MD LIA-BILI`T'Y CONITANY organized and existing under the laws of NORTH CAROLINA. Lender's address is 6060 J.A. + Ows DME, SUITE 100(1, C.$ARLOYM, NORTH CAROUNA 287,,87, (E) "jtiate" means the promissory note signed by Borrower and dwxi APRIL 29, 2005. The Note sLAEs that lorrower owes 1 nder NINETY-THREE THOUSAND FIVE WJNDRED TWEN'T'Y AND 0fl/100(1-s Dollars (u.S.533,520.00) rluLq interest, Borrower has promised to pay this debt in regular Pturiodic PlayrnmLs and to pay the debt in full not later than HAY 1, 2035. (F) "Property" means the property that is described below under the heading "Traesfer of RigW in the I Property. (G) "Loan" means the debt evideacrd by the Note, plus interest, any prepayment cbargcs and late chaiges due under the Note; and all stuns due under this Security instrument, plus interest, i pENNSyLVANIA-Slagle Family-Funk M.aefteddk Mac UMF'ORM INMU&Tf' C Form 3039 1101 (page 1 011 14 povr) 111111 III oil 11 Nil IN 1111111111 iI III 101111111 IN I III ? 9H 1905PG 1 897 L?i? ?/ ! ,1pr-1,2-2001 02:01pm From- T-1 74 P.0041029 F-590 I i I I i I t10 'Riders" means Al Riders to this Security Instrument that are executed by Borrower. The fallowing Riders are to be executed by Borrower [check box as applicable]: ®Adjustable Rate Rider ?Coadominium Rider OSecond Home Rider O13alloon Rider 11 Planned Unit Development Rider 0Othtr(s) ? 1-4 Family Rider ?Biweekly Payment Rider (1) "Applicable Law" mantis all controlling applicable federal, state and local statutes, regulations, ordinances and administtativc rules and orders (that have the effect of law) as weN as all applicable final, non-appealable judicia! opinions. (,I) "Community Association Dues, )Fees, and Assessments" means all dues, fees, assessruents abd other chErces that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organimrion. I "Elearouic Funds Trausfer" [Hearts any transfer of fiinds, other than a timmaction originated b7 check, draft, or similar paper instrument, which is initiated through an electronic tri- final, telephonic instrument, coorpurer, or magnetic tape so as to order, instruct, or authorize a fu=cial institution to debit or rLdiI an accotmi. Such term includes, but is not [united to, point-of-sae tran--fezrs, automated teller martiipe rar..e{ors init?nxd by t?l transfers, turd au[aroatPd clearinghouse transfers. I (L) Tserow Items" means those iietm that are described in Section 3. iW) "itiLisc,llaneous Proceeds" means any compensation, setilernent, award of damages, or procte:ds paid by any third party (other diaa insurance procezds paid under the coverages describe d in Section 5) for: (3)! damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any pan of the Property; (iii} conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or caadidon of the Proptfly. I1 (M "Mortgage Insurwire" means insurance protecting Lender against tho nonpayment of, or default on, the Loan. (0) "Periodic PaMeat" means the regularly scheduled arnount due for (1) principal and interest under the Noie, plus (ii) any amounts under Section 3 of this Security Instrutricnt. i (P) "RESPA" means the Real Esrat; Smlemeni Procedures Act (12 U.S.C. § 2601 et seq.) and its implernmdng- regulation, Regulation X (24 C.F.R. Part 3500), as they migbt be amended from time to ;time, or any ndditional or socerssor legislation or regulation that governs the same subject matter. As used in this Security lmu =ent, "RESPA refets to all requirements and restrictions that are lmposcd in regard to a "fedenIly Mated mongage loan' even if the Loan does not qualify as a "fedtrally related morigage loan' under JZESPA. (V "Successor in interest of Borrower" memts any parry that has Laken title- to the property, whether or not that party has assumed Borrower's obligations under the Note and/or this Su,ttrivy lrisrrumnent. TRANSFER Of lUGHTS IN TffE PROPERTY This Security lnatrutnent secures to Linder: (i) the repayment of the Loan, and all renewals, extens`ons and modifications of the Note; and (ii) the performance of Borrower's covenants and agrtxaneats under this Security Insoutit nr and the Note. For this purpose. Borrower does hereby mortgage, grant and convey ! MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located in the County of CUMMERLAND [Type of Recording Jurisdlciiort) [Naute of Recording Jurisdiction] SEE ATTACHED SCHEDULE "A" I I PENNSYLVANIA-single fatnily-Funnle Moe/Ftcddie Mac UNIFORM 1NSrRM5:NT Form 3039 1/01 (page 2 of f d pages) BK 19 85PG 1898 Apr-12;2007 02:01pm From- T-174 P. 005/019 F-590 I I 1 which currently has the address of 93 PARSONAGE STREET [Street) NE- VYILLE . Pennsylvania 17241 ("Property Address"): j [City] [Zip Code] TOGETIER WITH all the itnprovMents now or bereafter erected on the property, and all easements, Appurteoanees, and fixtures now or hereafter a part of the property. All repl2c mveats and additions shalt also be- covered by this Security histnunent. All of the foregoing is referred to in this Security Insumeut as the "Propetry." Borrower understates and agrees that MERS hold;, only legzl title to the interests granted by Borrower in this Security instrument, but, if necessary w comply with law or custom, MFRS (as nora,mee for Leader and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Leader including, but not limited to. releasing and canceling this Security Instalment. BORROWER COVENANTS that Borrower is lawfully acised of the estate hereby conveyed and JIBS the right to mortgage, grant and convey the Property and that the Property is uneacutnbCred, except for encumbrances of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY, INSTRUMENT combines uniform covenants for r±atiorrod use and non?vniforrn covenants with limited vwIffions by jurisdiction to constitute a uniform security imu-urnem covering real property- UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Eserow Items, Prepayment Charges, and Late Charges. Borrower sbaii pay when due the principal of, and interest on, the debt evidenced by the Note and auy prepayment ehurges and late charges due under the Note. Borrower shall also pay funds for Escrow '=ten's puisuml to Section 3. Payments due under the Note and this Security lnsmumnt sball be made in U.S. cnrreacy- However, if any chech or other instrunwrit received by Lender as payment under-he Note or thislSecurity Insurument is returned to Lender unpaid, Lender may require that any or all subsequent paytmnis due under the Note and this Security Instrument be made in one or more of the following forms, as selm-ted by Lender: (a) crib; (b) money order; (c) certified check, bank check, treasurer's cheek or cashier's check, provided any each check is drawn upon an insdrution whose deposits arc instated by a federal agency, insuumeutality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15 Itader n3Ey return any paymear or partial payment if the payment or partial payments are insufficient to bring the an current. Lender easy accept any payment or partial payment insufncienc to bring the Loan current without waiver of any righu berm der or pre;,,dice to its rights to refoe such paymcnc or partial payrrrcI a in the future, but Lender is not obligated to apply such paynrtw at the time such payments are atcepwd if each Periodic Payment is applied as of its scheduled due daft, theft Lender need not pay interest on unapplied funds. I MF. INSYLVANIA-Single Family-Fantle MnelFrrddle Mar UNffORM INMb?vfCW Foray 3039 1101 (page 3 ofil4 pages) 8K.1 905PG 1899 Apr-!2-2007 02:02pm From- T-174 P.006/029 F-590 I I hander may bold such unapplied foods unti] Borrower makes payment to bring the I-= current. If Borrower dons not do so within a reasonable period of time, Lender shall either apply such funds or recut them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance tinder the Note immediately prior to foreclosure. No offset or claim which Borrower alight have now or in the fume against Lender shall relieve Borrower from making payments due under the Note and this Security Insnunitnt or performing the covenants and agreernents secured by this Security Instrumrtetrt. 2. Application of Payments or Proceeds. Except as otbctwise described in bis Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due tinder the Note; (b) principal due under the Slott,; (c) amounts due under Section 3. Such paymcrits shall be applied to each Periodic Payment in the order in which It became due. Any n-malning amounts 9tall be applied first io late charges, second to any other amouNs due under this Security Instrument, and then to reduce the principal balance of the Notc. If Lender receives a payment from Borrower for a delinquent Periodic raytnerti wuiut includes fl seaWc:t amount to pay any late cue due, the payment may be applied to the delinquent payment wd the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in fullI To the exumt that any excess exists after the payment is apptitad to the full payment of one or mare Periodic Payments, such excess may be applied to any lire charges due. 4'olurlenuy prepayments shall be applied first to any prcpaytneot charges and then as described in the Note. Any application of paymmnts, insurance prose.-i5, or Misctllancous Proceeds to principal due under the Mote shall not extend or postpone the duc date, or change the arnouac. of the Periodic Payments. 3. Funds for Escrow Items. Borrower sha11 pay to Lender on the day Periodic Payments are due I der the Not,-, until the Note is paid in full, a sum (the "Fluids") to provide for payment of amounts due for: (a) taxes and asst_ssmenra and other iterus which can attain priority over this Security Insuument as alien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any: (c) premiums for any and all insurance required by Lender under Secdon 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage. Insurance premiums in accordance with the provL6c s of Section 10. These items are called "Escrow Items.' At origination or at any time during the cert. of the Loan, Lender may require that CommunJry Association Dues, Few, and Assessments, ifl any, be escrows by Borrower, and such dues, fees and assessrnenu shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be-- paid under this Section. Borrower Shall pay Lender the Fuz& for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all ?escrow Items. Lender may waive Borrower's obligation to pay to bender Funds for any or all Escrow Items at any C. Any ?i:ch waiver may only be in writing. in the event of such waiver, Borrower shaJ1 pay directly, when and where payable, the amounts due for any Escrow Items for wbich payment of Rinds has been waived byi Lender and, if Lender requires. shall furnish to Li .der receipts eviderLL ivg such paym xrt within such d. --PM As Lander may require. Sorrower'a obligation to make such payments and to provide receipts sball for all purposes be deeuwd to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fella to pay the amount due for m Escrow Item, Lender may exercise its rights under Section 9 and pay such armuni and Borrower shall then be obligated under Section 9 to repay to 6e der any such amount. Lender stay revoke the waiver as to any or all Escrow Items at any brill: by a notice given in accordance with Section 15 and, upon such revocauion. Borrower shall pay to Lender all Funds, and in such mounts, that are then required under this Section 3. i Lander tray, at any time, collect and hold Funds in an amount (a) sufficient to permit bender to apply the Funds at the time specified under RESPA, and (b) not to eactt d the maximum amount a lender can require under ItESPA. Lender shall estimate Ehc amount of Funds du: on the basis of current data and reasonable estimates of expenditures of future Escrow items or otherwise in ec+:ordance with Applicable iew. f I PFNNS rL'V.kNIA-Single Family-Faawe H4sarFnAdie Mac UhiWOW INSTRUMEW Form 3039 1101 (page 4 of 14 pages) I I i OXI905PGIgoo I l,pr-12-2007 02:02pm Fr011- T-179 PACT/029 F-590 The Funds shall be held in an institution whose deposits are insured by it federal agency, inanumenualiry, or endgf (including Lender, if Leader is au insthadon whose deposits are so insured) or in any Federal Nome La,m Bank. Lender shall apply the Funds to pay the Escrow heats no lacer than the time speci6eIi trndtr RESPA, Lender shall not charge Borrower for holding and applying the Funds, amualiy analyzing theltxcrow account, or verifying the Escrow )tens, unless Gender pays Borrower interest on the Funds and Applicable Law permits Leader to rnake such a charge. Unless an agreement is made In writing or Applicable Law 7quires interest to be paid Gn rite Funds, Under shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lander can agree in writing, however, that interest shall be paid on the Funds. Ixtrder shall give to Borrower, withota charge: an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lcndt-r' shald c-ourt to Borrower for the excess funds in accordance with RESPA.. If ebere is a shortage of Funds held in escrow, astdcfwed under RESPA, Leader shall notify Borrower as mquired by RESPA, and Borrowtr shall pay m Lender the amount necessary to make up the shortage in accordance with RESPA, but in no raorc than 12,Monthly payment. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, acrd Borrower shall pay to Lender the amount neresr,ary to "t; up the dr6cieucy in accordance with RESPA, but in no more than 12 monthly payrr=is, Upon payment lit till) of all sums secured by this Security insumect, Leader shall promptly refund to Borrower any Funds beld by Leader. i 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions a inbutable to u,e Property wh;cb can main priority over this Security lostrutneni, leasehold payu=m or ground, rc s on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items rue Escrow ltems, Borrower shall pay theta in tbt marines provided in Section 3. Borrower shall promptly discharge auy lien which has priority over this Sec,-udry Instrument unless Boyiower: (a) agrees ui writing to the payment of the obligation secured by the lien in a m-anner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests dic Iiea in good faith by, or defends against eoforce:rnent of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings ate pending, but only until such proceedings are concluded; or (c) secures from the bolder of the lien an agreement satisfactory to Gender subordinating the lien to-this swuriry Lastnuneru. If Lender determines that €tny part of the Property is subject to a lien which can anain prtonty over this Security Instnunew, Lender may give Borrower a notice ideodfying the lien. Witbin 10 days of the d-pie on which that notice as gives, Borrower shall satisfy the lien or talc one or [Wore of the actious set forth above u; thw_ Section 4. Lender tray require Borrower to pay a one-time charge for P. rna estate tax verification andlori'rrporring sc Nice used by Linder in connection with this Loan. 5. Property Insurance. Borrower shat! keep the improvemmnts now existing or hereafter erected an &,e Property insured against loss by fire, hazards included within the term "extended coverage," and!any other hazards including, but not limited to, earthquakes and floods, for which Lcndcr requires insuraiacc. This insurancc sbail be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentence=s eau change during the term of the Loan. Ile insurance carrier providing the insurance sbail be chosen by Borrower subject to L.ender,s right to disapprove Borrower% choice, which right shall not be exercised unreasonably. Leader tray require Borrower to pay, in connection with this Loan, either: (s) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably aright affect such determination or cerilficaLioa. Borrower sbal also be responsible for the payment of any fees imposed by the Federal Ernergericy Martagerum Agency In connection with the review of any flood zone der ,.,.i.^.a c^^ resulting from an objection by Borrower. I i PMfSYLVANIA-Single Family-Fannie Mae/fMcite Mac TR4WDAM lI MUMENT Form 3039 1101 (page S of M pagesj ON 1 905PG 190 1 Apr-12-2001 02:03pm From- 1-114 P-008/029 F-590 I If Borrower fails to MaizWn any of the coverages described above, Lender may obtain insurance co, WTAge, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any pardcular, type or amount of coverage. Therefore, such coverage shall cover Lender, but rnight or might not protect Borrower, Borrower's equity in the Property, or the CnntCn1 of the Property, against any risk, bard or liability and rmghr provide greater or lesser coverage than was previously in effect, Borrower acknowledges that the. cost of the insurance coverage so. obtained might significantly exceed the cost of Insurance that Borrower could have obtained. Any amotmu disbursed by L.cadet under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amauats sball bear interest at the Note rate from th? due of d.sbursrpnt and shall bt payable, with such interest, upon notice from Lends? to Borrower requesting payment. All insttranet policies requited by Lender and renewals of such policies shall be subject to Lender's right rC disaYprove st:cb t?r'liLECS, shall include a srsndard mortgage clause, and shall umne Lender as mortbagee and/or as an additional loss payee. Leader shall have die right to hold the policies and renewal certificates. If tender reguire,s. Borrower shall promptly give to Lender A receipts of paid prom ums and renewal notices. if Borrower obtains any form of insurance coverage, not otherwise required by Leader, for dauuggc to, or destruction of, the Property, such policy shad] include a standard mortgage clause and aball nartte Lender as mortgagee and/or as an additional loss payee, in the evtai of loss, Borrower shall give prompt notice to die insurance carrier and Lex4er, Leader may make proof of loss if not made promptly by Borrower, Unless Leader and Borrower otherwiselagree in --riling, any i isA r ce proceeds, whether. or not the underlying insurance was required by Lerrderjahan be ,ipplied to restoration or repair of the Property, if the restoration or repair is economically feasible and L-:den's security is not lessened- During such repair and restorariwr period. Lender shall have the right to bold such insumDce procteds until Leader has had an opportunity to inspeGl such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undet'tekea promptly, Lender may disburse proceeds for the repairs and restoration in a single pay timt or in a series of progress payment4 as she work is complemd. Uoless an agreement is made in writing or Applicable Law regtrrires interest to be paid on such io-surance proceeds, Lender shalt not be required to pay Borrower any interest or earnings on such proctc-ds. Fees for public adjusters: or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shalt be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Leader's security would be lessened, the insurance proceeds shall be applied w^ the surns -,tt:tlrt:d by this Security lnsirturwot, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Propcny, Lender may file, negotiate and settle any available insurance claim and relaicd ratters. If Borrower does not respond within 30 days to a notice from Lender that the IrBvrarCa carrier has offered to settle a claim, then Lender may negotiate and settle the claim. 'Ihe 30-day period ;ill begin when the notice is given. In either event, or if Leader acquire) the Property under Section 22 or otherwise, Borrower hereby assigns to Lander (a) Borrower's rights to any insurance proceeds in an amount not tI b exceed the amounts unpaid trader the Note or this Security Instrument, and (b) any other of Borrower's riglits (other then the right to any refund of unearned premiums paid by Borrower) under all insurmce policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender IIuty use the linsurauce proceeds either to repair or restore the Property or to pay amounts unpaid under the dote or thislSecurity Instrum;:nt, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal iesidenee within 60 days after die execution of this Security Instrument and shall Continue to occupy the Property as Borrower's principal rmiderrce for at least one year afar the date of occupancy, unless Under otberwL agrees irl writing, which eansent shall not be tutre asOrMbiy withheld, or unless ext t.-naafling cirrunistancu exist which are bevoad Borrower's control. i PE"SVLVANIA-Single Family-Puente Mae/Freddle Mac VNIMRM INSTKts?r M Form 3439 1101 (page 6 of, 4 pager) II I BIS i 905PG 1902 Apr-12-2007 02:03ptn From- 7-174 P.0091029 F-590 i 7. Preservation, Maintenance and Protection of the Property; Insp"ons. Borrower shall not destroy, darnagc or impair the Property, allow the Property to derrriorare or corarnit waste on the Property, Whether or 11 ?or Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Propcrry From deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insffartce or condemnation proceeds are paid in counectinu with darnnge to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender bas released proceeds for such purposes. Lender may disburse proceeds for the rtpans and restoration in a single payment or in a series of progress payments as the work i5 completed, if the in?stwance or condemnation proceeds are not sufficient to repair or restore the Property. Borrower is not relieved of BorT? x,er's obligation for the complexion of such repair or restoration. Lender or its agent rUay make mescrtablc armies upon and inspections of the Properly. if it haz reasonable cause, Lender rnay inspect the interior of the improvements on the Pmperry. I.-nder shall give Bomwer notice at the time of or prior to sucb err interior inspection specifying such teasonablc cause. 8. Borrower's Loan Application. Borrower shall be In default if, during the Loan application process, Dorrower or any persons or u:tiries acting at rht direction of Borrower or with Borrower's Imow?edge or consent gave materially false, mislezding, or inaccurate information or _gWmnenz; to Under (or failed to provid.+: L,ezttlt r with material information) in connection wAb the Loan. Material representations include, but arc not united to, representadons concerzi-lrtg Borrnwer's occupancy of the Property as Borrower's Principal residence. 9. Protection of Leader's Intent in the Property and Rights Under this Security Imtrument. If (a) Borrotiver fails to perform the covenants and egreanents co Wned in this Security Instrument, (b) them is a legal proceeding that tnight sigaificarttly affect Lender's interest in rbe Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfcltwe, for --tfomcment of a lien which rmy attain priority over this Security Insmrmeni or to enforce laws or rcgularions), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is rrasbnable or appropna c to piomct l=der's interest in the property and rights under this Swifliy Instrument, including protecting andlor assessing the value of the Property, and securing andlor repairing the Property. Lznder'b actions can Include, but are not limited to: (a) paying any stuns secured by alien which hag priority over this c,,: ^urls; Instrument; (b) appearing in court; and (c) paying =onoble attorneys' fps to proteer its 'interest in the Property and/or rights under this &ccurity butrument, including its segued position in a baniauptcy procee=ding. Securing the property includes, but is not Iimited to, erirAg [he property to matte repairs, change locks, rrplace or board up doors and windows, drain water from pipes, eliminate building or tither code violations or dangerous conditions, and have utilities noted on or off. Although Lender =y take action under this Section 9, Lender dots not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized undo this Section 9. Any amounts disbursed by Under under this Section 9 shall become additional debt of Borrower secured by this S=uiry Instntmeut. These amounts shall bear interest at the Note rate from the date of disi ursn=nt and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. It this Security irt_su mmrnt is on a lesebold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fce title shall not merge unless Lender agrees co the merger In writing, rENNSYLV41MA-Single T2rniey-FQ1Mk Asae/TYuddtc Msc t7WOKtM INMUNUEM Form 3039 1101 BKi905PG1903 (page 7 e14 pages) i i I I Apr-12-2007 02:04pm Frost- T-174 P.010/029 F-590 10. Mortgage bL-wave. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower sball pay the premiums required to malmaln the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage requited by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was requires to make separately designatul paymentsitoward the premiums fur Mortgage Insurance, Borrower sball pay the premiums required to obtain coverage suhsttinrially equivalent to the Mortgage Insurance previously in effect, at a rest substantially equivalent to the cost to borrower of the Mortgage Innrrance previously in effect, from an alternate mortgage insurer selected by Lendts. If substantially equivalent Mortgage htsurance coverage is not available, Borrower shall continue to pay to i_.ender the amount of the separately designated payments that Rere due when the Insurance coverage ceased to be in effect. Leader will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such toss reserve shall be non-refundable, notwithstanding the fact that the I6an is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on sti^h louts rncrve. Lender can no longer require loss reserve payments if Mortgage insurance coverage (In the Mutt and for the period that Under requires) provided by an insurer selected by bender again becomes available, is obtained, and Leader requires separately designated payments toward the prerniarns for Mortgage lnsurance. if Lender required Mortgage Insurance as a condition of making the Loan acid Borrower was required to make s: pa r ly designated payments toward the premiurnc for Mortgage Insurance, Borrower shall pay the pre¢ ums requirnl to maintain Mortgage Insurance in effect, or to provide a non-refuundable loss reserve, until Lender's re-quiiernettr for Mortgage lneunrice cn& in accordance wlth any written agreement between liorro'ver and Lender providing for such teminatlon or unrtfl termination is required by Applicable Lew. Nothing is this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note, i Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for cenaiia losses is troy incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage huurance.I Mangage iaaatn evaluate their total risk on all sueb insurance in force from time to time, and may enter into agreements with other pasties that share or modify their risk, or reduce losses. These agreements are on terms ; zd conditions that are satisfactory to the mortgage !usurer and the other party (or parties) w their; agreements. These agreemeuts may require the mortgage insurer to make payments using any source of funds =hsz the. morgage inszZrrr may have available (which may include funds obtained from Mortgage [nstrrnrce premiums). Ai; a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinum-ex, any other e:ndry, or any atfiliare of any of the foregoing, may receive (direcdy or indirectly) amounts thatd ve ifrom (or migW be chartucterized as) a portion= of Borrower's payments for Mortgace Inswance, in exchange for sbaring or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in eirxhange for a share of the premiums paid to the insurer, the arrangemem is oft m termed 'captive reinsurance.' Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund, (b) Any such agreements '•sil) not affect the rights Borrower bps - if any - with respect to the Mortgage insurance under the HomeDwners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request sand obtaip eancehlotson of the kortgage lnsurance, to have the Mortgage Insurance acmdaated eutomalically, and/or to receive a reftmd of any Mortgage Insumnoe premiums that were unearned at the time of such cancellation or termination.' !I. AssignrneDt. ur 1 iRelrru?ceous s1Di Ucm&; Forfeiture. All II Mi-scm-flancous proceeds tare hereby assigned to and shall be paid to Lauder. i P04NEYLVANtA-5tngk Funily-Faanic MaefFreddte Man UNIFORM IN5TRUl1tYM Form 31139 1101 (page d of 14 pages) BKI905PG1904 Apr-12-2007 02:05pm From- 7-174 P.01!/029 F-590 I 1 I f i I if the Property is darnaged, such Miscellaneous Proceeds shall be applied to resloradon or repair' of the Property, if the restoration or repair is economically feasible and L ender's security is not lease;ncd. During sacb repair and restorarion period, Lender shall have the right to bold sucb Wacellaoeous Proceeds until Lender bas had an opportunity io inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspections shall be undertaken promptly. Leader may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreetnew is wade in. writisrg or Applicable Law requires interest to be paid on such IvIiscellaneous Proc zds, Leader shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be Iessened, tre Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid m Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, desacdon, or loss in value of the Property, the Miscellaneous Pis ;halt be applied to the sums secured by this Security InStrtuneat, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair rnarket value of the Property im medliady before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums se_ured by this Secwiry instrurnmt immediately before the partial taking, destruction, or loss it value, '.^reEs Borrower and Leuder otherwise agree in writing, the sums srmuad by this Security lnsLrumeni shall be reduced by the amowst of the Miscellaneous Proceeds rau,`tiplied by the following fraction: (a) ebe total amount of the sums secured iaunediately before the partial utkinR, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, of loss iv value. Any balance shall be paid to Borrower. In the event of a partial taking, demctioa, or loss in value of the Property In whicb the fair market value of the Property immediately before the partial tabng, destruction, or loss in value is less that the amount of the sums secured itnrnediately before the partial taking, destructiop, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this (Security Lasaumeat whether or not the stuns are then duc. i If the Property is abandoatA by Borrower, or if, after notice by Lender to Borrower that the Opposing P.•trty (as defined is the neat sentence) offers to make Err award to settle a claim for damages, BoElowei fails to respond to Lender within 30 days after tha date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either w restoration or repair of the Property or to the sums secured by this+Seturity lnstnunent, whether or not them due. "Opposing Parry' mum thx third party that owes Borrower :fiscel!a_r Luc Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous I Proceeds. i Borrower shall be in default If any action or proceeding, whether civil or criminal, is beg6 that, in Lender's judgment, coold result in forfeiture of the Property or other material impairment of Lender's interest In the Property or rights under this Security lnstrnment. Borrower can cure such a default and, if aeceleratiop bas occurred, reinstate as provided in Section 19, by Musing the action or proceeding to be dismisses with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of'Ltnder's interest In the Property or rights under this Security Instrument. The proceeds of any award or 'claim for damages that are aru-ibutable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. Pro ds that are not applied to restoration or repair of the Property sbO be applied in All The order provided for in Section 2. PENNSYLVAN1A-Singic }rarnily-F+rxnnle .12nrJFretlttte Mac UN*-DRhf INSTB.IA?4EM Form 3039 1101 (page 9 of N pages) I i i 81t ! 905PG 1905 Aar-12-2007 02:05ptn From- T-174 P.012/029 F-590 i 12. $ormwer Not Released; ForbearaDce By Lender Not a Waiver. Extension of rht time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in lntesest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be requirrd to commence proceedings against any Srcc I msor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secumd by this Security Imtrttmettt by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any fnrbearaace by Lrndcr in exercising any right or remedy including, +without Limitation. Lender's acceptance of paymeuu from third persons, entities or Successors in Interest of Borrower or in amounts less than the srnount then due, shall not be a waiver of or preclude the exercise of my !right or remedy. ? 13_ Joint and Several Liability; Co-signets; Successors and Assigus Bound. l3orrowLT covenants and agrees that Borrower's obligations and liability shall be joint rind several. However, any Borrower who co-sig-wi this Security Instrument but does not execute Ire Noie (e "cur-signer"): (a) is co-signing this Security Insift neat only to mortgage, grant and convey the co-signer's interest in the Property under the teruts of ails Security Instrument, (b) is not personally obligated to pay the stuns secured by this Stzurity Instrument; and (e) agrees that Lender and any other Borrower can agree to extcnil, modify, forbear or make any accommodations with regard to the tern c-f thfs Security Iusmunent or the Note without the co-signer's consent. Subject ]D the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Smurity lnstrtm ent in writing, and is approved by lender, shall obtain all of Borrrower's nobis rend benefits tinder this Security tnstru neat. Borrower shall not be released from Borrower's obligations and iiahflity under this Security Lnstrumert u_rle<s Lender agrees to such release in writing. The covenants and agrecmcmts of this Security Ima rneat shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender, 1 14. Loan Charges. Lender tray charge Borrower rtes for services perforated in connection with Borrow->_r's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other f-es, the absence of express authority in this Sm-`Ltrity Instrturtent to charge a specific fee to Borrower shall not be construed as a proiubition on the charging of such, fW. order may not charge fceslthat are expressly prohibited by this Security Instuw=u or by Applicable L..:w, If the Loan is subject to a Iaw which stxs maximum loan charges: and that law is Finally interpreted so that the interest or other loan charges collected or to be collected In connection with the Loan exceed the permined limits, thin: (a) any such loan charge shall be reduced by the -mount necessary to reduce the charge to the penZtftied limit; and (b) any sums already collected from Borrower which excacded permitted limiri will be refttndei to BORQwer. Lender may chocue to make this refund by reducing the principal owed under the Note or by md-ng a direct payment to n^rrower. if a refund reduce.; principal, the reduction wiL1 be treated as a partial prepayment without any prepayment charge (whether or not a prepay P^t charge is provided for under the Note). Borrower's acceptance of any such refund made by direct paym®t to Borrower will coamwt.e a waiver of any right of action Borrower might have arising out of such overcharge, 15. Notices. All notices given by Barrower or Lender in connection with this Security Instrum=t Imust be in writing. Any notice to Borrower In connection with this Security Instrument shall be deemed to have been given to Borrower ahem mailed by first class mail or when actually delivexed to B=ower's notice address if sent by other meaner. )Notice to any one Burrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender, Borrower shall promptly notify Lender of Botzowcr's change of address. If Lendtn specifies a procedure for reporting Borrower's change of address, Luca Harrower shall only repo in ., of -dd..w..ss r...... ?-- t,roulh 1-hat specified procedure. 'here may be aIIly one ; ? a c....o? Of ,.,, PENTSYLVANIASlogte l+airily-Fannie ,1%UtJFYvJdre Mac t/NUORM rNSMUMENT Form 3039 1/01 (page 10 ajj I pcrgesJ i i BR 1905PG 1906 Apr-1?-?007 02:06pm From- T-174 P-001929 F-590 designated notice address under this Security Insnument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lepdcr has designated another address by notice to Borrower. Any notice in coanecdon with thin Security Instrument shall not be deemed w have been given to Under until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requiremeat under this Security lasuument, 1.6. Governing Law; Severab lity; Rules of Construction. This Security Instrument shall be govemcd by federal law and the law of the jurisdiction in which the Property Is located. All rights and obligations CQMrained in this Security Irstrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parries to agree by contract or it mighE be silz;,t, but sj;h -fence ?11,11 not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not af(LI other provisions of this Security instrument or the Note which can be given effect without the conflicting pro' dsion. 4s used in this Security [nstr[tncnt: (&) words of the masculine gender shall mean and I include corresponding neuter words or words of the ftcainlne gender, (b) words in the singular shall amm and include the plural and vice versa; and (c) the word 'may" gives sole discretion without any obligation to stake any ..come. I 11. Borrower's Copy, Borrowcr shat] be given one copy of the Now and of this Security Instrument. III. Transfer of the Property or a Beneficinl Interest in borrower. As used in this Seuion 18, ' ni re-iq in due Property" means any legal or beaeficial interest in the Property, including, but nor limited io, those bet:eGciel iuterescs transferred in a bond for deed, contract for deed, Insialltrocnt sales contract Or escrow agreement, the intent of which is the trantifer of title by Borrower at a iutt m date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prioIr written consent, Under may require inunediate payment in full Of 811 sums secured by this Security lasIuwner.t. However. this option shall not be exercised by Lender if such exercise is prohibited by Applicable Lawl If Lender exercism this option, Ltoder shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the daw the notice is given in accordance with Section I5 within which Borrower must pay all sums secured by this Security fsstruruent, If Borrower fails to pay these sums t=ier to the expiration of this period, Lender may invoke any remedies permitted by this Security In without further notice or demand on Borrower. i 19, Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the rigbi to have cuforeement of this Security Instrument discontinued at any tint prior to the earliest of: (a) five days before ::ale of the Property pursuant to any power of sale contained in this Security [nstrurnent; (b) such other period as Applicable Law might specify for the wnninadon of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. "Those conditions are that Borrower! (a) pays tender all sums which then would be due under this Securit- y Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses in in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other f= incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Immiment•, and (d) takes such action as Leader may reasonably require to assure that UDder'b interest in the Property and rights under this Security lustntment, and Borrower's obligation to pay the sums secured by this Security IRSUUinent, shall continue unchanged. Lender may require that Borrower pay such reimrarem=t sums and expenses in one or more of the following forms, as selected by Lenderd(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, insum=nta.liry or cntAy; or (d) Elecuoaic Funds T rartsfm. Upon by Borrower, this Sccuzity, lustrument and obligerione sectored hereby shall reuu& fully effective as if no acceleration had occurred. However, this right to reinstateisball not apply in the case of acceleration under Secrion 1$, t'EWSYLYANIA-Single Ninilylrrnuk Mne/Ilreddte Mae UNIFORM INSTRURW Torte 3039 1101 (page 11 of, 14 pager) HI905PG1907 Apr-12-2007 02:0iipm From- PT-174 P.Oli4/029 ',r " i i 20. Sale of Note; Change of Loses Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with This Security b wuu-nsent) can be sold one or more tirne_s without prior notice to Bomwer. A sale might result in a change in the eadty (ltnown as the "Loan Servie er") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the hots, this Security Instnuncnt, and Applicable Law. There also rnight be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given wriiim notice of the change which will state the anme and address of the new Loan Servicer, the address to whieb payments sbould be made and any other information RESPA requires in coa=tioa with a notice of transfer of servicing. ff the Note is sold and thereafter the Loan is serviced by a Loan Servicer otherIthan the parcbaser of the Note, the rmrzgagc loan servicing Dbligations to Borrower will amain with the LU `Su ricer or be transferred to a successor Loan Servieei and are not assim exl by rile Note purd3mvr unless otherwise provided by the Nom puicheser. Nt,`ither Borrower nor Leader may commence, join, or be joined to any judicial action (as either an individual litigani ur the member of a class) that arises from the other party's actions pursuant to this Security Instrument o; that alleges that the other party has breached any provision of, or any duty owed by ran of, this Stxttriry Innstrumem, until such Borrower or Lander has notified the other party (with such noticelgivezi in compliance with the requirements of Section 15) of such alleged br=b and afforded the otfser party'hereuo a rzasanahle Period after Ebe giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be r'onablc .or purposes of this paragraph. Tire notice of acceleration and opportunity to ti urn given to Borrower pursuant to Section 2: and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed tb satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances, As used in this Section 21: (a) 'Hazardous Substances" are those substances fzfnned as toxic or hazardous substances, pollumm or wasift by Environnicrital Law and the following substances: gasolloe, kerosene, other flammable or toxic petroleum products, toxic pesticides and beibicides, volztiJe solvtznts, usaterials containing asbestos or formaldebyde, and radioactive materials; (b) "Environmental I,aw" mrans federal laws and laws of the jurisdiction where the Property is located that relate to health, safety of e;vironinmrs protection; (c) "Environmeutal Ocanup" includes any respomr action, remedial action, or removal action, as defined in Euvirorunerttal law; and (d) an "Envirouimnial Condition" runs a condition :.at air cause, couLn-bute to, or otherwise nigger an Environmental Cleanup. Borrower shalt not cause or permit the presence, use, dJsposal, storage, or release cf any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is is violation of any Environmental law, (b) which creates an environmental Conditlor,, or (c) which, due to the presence, Llse, or release of a H?zardow S)Ubstar,ce, ce"tes a condition that adversely affects the value of the Property. The preceding two ?tences shall not apply to the prize=, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognf2ed to be appropriate to normal residential uses and to maintenance of the Propcny (including, but not limited to, hazardous substances in consumer products). Borrower shell promptly give Leader written notice of (a) any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property, and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects Else value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any rm-zval or other rennediation of any Hazardous Substance affecting the Property Js necessary, Borrower shall promptly take all necessary remedial actions la accordance with Environmental Law. Nothing bereia shall create any obiigadon on Leodes out an Environrrientat Cl-nnup i i PENNSYLVAMA-Single Fancily-Fannie MaelFrwk to Mac UNvoRM INSm T Form 3039 I/OI (page! 12 of 1!4 pager) I i 8K ! 9 0 5 PG 19 0-8 F-590 Aoi -12-2007 02:07pn Froer T-174 P.0151029 F-590 i NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows' 22. Acceleration; Rerne,dies. Lender shall give notice to Borrower prior to accelerstion following Borrower's breach of any covene t or agreement in this Security Instrument (but not prior to acceleration wider Section 18 tiles Applicable Law provides otherwise). Leader shall bottfy Borrower or; among other things; (a) the ddauh, (b) the action required to cure the default; (c) wben the default must be cured; and (d) that !enure to cure the default as specified may restilt in at celeratiou of the stmnsIsearred by this. Security Ihstrumeat, foreelosttre by Judicial proceeding and We of the Property. Lender shall hither inform Borrower of the right to reinstate after acceleration and the right to assert? in the foreclosure proceeding the non easience of a default or any other defense of Borrower to ri err"on =d foreeloetuv- U the default is not cured as specified, Lender at its option may require immediate payment is full of all stets :secured by this Seewity hutruineat without hither demand and may foreclose this Security IlrsiTUrneat by judicial procrxding. Lender shall be entitled to coUect all expenses incurred in Pursuing the remedies provided W this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Apptiub)e Law. 21 Release. Upon payment of all sums secured by this Security instrument, this Security ingaurnent ayd the estare conveyed ;b J) tesTttinatt and biome said. After such occurrence, Lender shall discharge and satisfy This Security lnsuumL-nt. Borrower shall pay any recordation costs. Lender may dime Borrower a ;ee for releasing this Security (nFmtment, but only if the fee is paid to a third party for se criers .?ndc l d she chargizrg of the fee is permitted under applicable Law. 2-11. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any, error or defects in proceedings to enforce this Security instrumenr, and hereby waives the benefit of any present or funine 12ws providing for stay of execudoa, extension of time, exemption from attachment, levy and ;ale, and f homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall "land to one hour prior to the commencement of bidding at a 3herifPs sale or other mle pursuant W this Security ltutrament. 20. Purchase Mosey Mortgage, if any of the debt seatred by this Security IM[T11 X:FJE is lcnt to ?arzcr+rs P_ to acquire title to the property, this Security instrument shall be a purchase rnonty m ortnaPd- o? 21. Interest Rate Alter Judgment. Borrower agrees that the interest rate payable after a judgment is enterc<1 on the Note or in an action of martgage foreclosure shall be the rite payable from time to tithe under the Note. r PEN NSYLVA A-Single Family-Pandit Muc/Ftedctte Mac UNtl"ORAt INSCR'tIDffW Form 3039 1/01 page 13 ojl4pa8es) I 8K1-905PG1909 a.Pr-12-200T 02:Min From- T-I Td P.016/029 F-590 13Y SIGNING BELOW, Borrower accepts and agrees to the u.- m and covenants contained in thisi Smuriry bsmtment and in any Rider exomted by Borrower and recorded with it. Wimesses: lr7 f o S r,r I (Seal) -aoan?i a 711, t/ - 'lI. .. ? ? l 11-1AI (Seal) 1taTH A GAINN I -8ormat-1 (Sea)) .BorlOWCF S'L'ATE OF PENNSYLVANIA COUNTY OF CUMBERLAN-D (Seal) •BGTM%,n Ou ibis, the L?1 day of i;i2h 0 before me, the uad, is gncd officer, personally appeared JEFF J. S URY AND CLI ,ABETH _ GARYIIN , known to me (or sruisfactnri y proven) to be the pmon(s) who se Barne(s) Is/ere subscribed to the within "'' ' .. iastrum:ent, and ........ acknowledged that he/sbe/tbey executed the satr>r for the purposes therein contained. ' eal, In witness whereof, I hereunto set my band and of6 .?. COMMOIrWFAL'fii OF PlNN4YLVANiA N t l S TideO a alla eal Maty K Price, Notary Public Carilsie Bata, Cumborland County MV Commission Expires Aug ta 2007 My Commission Enpires. i yped or printed note: I ar ti - 1 GO . , iof,ofNoia+los CERTIPIC?1°?1e °`II9I19 do hereby certify that the comic - ' address of the with-named lender is 6660 J.A. JONES DRIVE, SUITE 1000, CHARLOTTE, JvORTO C,-FtOLINA 28287, ,xitnms my hand this day of , Agent of -Lender. I i PF1? SIIVANIA-5ingle Family-Fannk MadFrtddle Mae UN70RM INMUMSMT Forst 3039 1/01 (page 14 of 14 pages) 8K 1905PG 19 10 Apr-),1-2007 02:08pm From- T-I T4 P. 01T1029 F-590 i Exhibit A ALL THAT CERTAIN tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more fiillybounded and described as follows: BEGII,MG at a point on the northem right of way line of Parsonage Street, flience along right of way of Washington Street, thence along said right of way line North 26 degrees 00 minutes West 191.0 feet to a point on the southern right of way line of unopened 16.6 feet Church Alley; thence along unopened Church Alley North 64 degrees 00 minutes East 40-0 feet to an iron pro; thence along the dividing line between dots Nos. R and 9 on said st-1 vey Sou1126 degrees 00 minutes East 191.0 feet; thence along the northern right of way line of Parsonage Street South 64 degrees 01 ,T,Ii,UicS y?r25t 40.0 feet to a point, the Place of BEGINNING. i BE114G designated as Lot No. 9 or, the survey of iviary E. Barrick and Rather bounded and -I- L ark n G.4:cordama 1..:;1-: la C, I L\-y tJl -.3 asfvsr Vs{.. , R.{`. meted Ault sun, prep3reu? t: y "Pl.:gm: A. Ham: t ?'::$n31U ?2 14gF TOGETHER with and subject to a 15 foot wide easement along the southern boundaries of Lots 6 8, and 9 for ingress, egress and regress to and from said lots and Parsonage Street as shown on the attached Plan. BEM the same premises which Durham Homes, Inc., a Pennsylvania Corporation, by their deed dated March 3 G, 1995 and recorded in Cumberland Counry; Pennsylvania Deed Boot: 120, Page 429, granted and conveyed unto David P. Gregoire and Barbara A. Gregoire, husband and wife, Grantors herein. ??afd C.crtit?y l1}is to be r >>verland G°unN P A p?edS IN 19 05 PG 19 -1 -1 EXHIBIT "E" Gov( • Loan N4r 2030050472130 E? ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY WPEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMTTS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AA'D THE MAXIMUM RATE I MUST PAY. APRIL 29 , 2005 CARLISLE PENNSYLVANIA (Date) (ChJl tsaal 93 PARSONAGE STREET, NEWVILLE, PENNSYLVANIA 17241 [F-perq AM-) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U.S. 593,520.00 (tom amount is called "Principal"), plus interest, to the order of the Lrtder. The Lender is Dedsion One Mortgage Company, LLC. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. Ile Lender or anyone who sakes this Note by transfer and who is entitled to receive payments udder this Note is called the "Note Holder." C 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at .& yearly rate of 6.465%. The interest rate I will pay may change in accordance with Sectiein'4 of this Note. , The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. 1 will make my monthly payments on the 1ST day of each month beginning on JUNE 1, 2003. 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that II may owe under (his Note. Each monthly payment will be applied as of its seltoduled due date and will be applied to interest before Principal. If, on MAY 1, 2035,1 still owe amounts under this Nose, I will pay those amounts in full on that date. which is called the "Maturity Date." 1 will make my monthly payments at 6060 J.A. Jana Drive, Suite 1000, Charlotte, North Carolina 28287 or at a different place if required by the Note Holder. (B) Amount or my initial monthly Payments Each of my initial monthly payments will be in the amount of U.S. 9588.96. This amount may change. tC) Monthly Payment Change! Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that 1 must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. UffEREST• RATE AND MONTHLY PAYMENT CHANGES (A) Change Data The interest rate I will pay may change on the 1ST day of MAY, 2007 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a 'Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index' is the average of interbank offered rates for sot-month U.S. dollar-0enominsted deposits in the I.oadon market ("LIBOR'), as published in The Wan! Street Journal. The most recent Index figure available e,3 of the first business clay of the month immediately preceding the month in which the Change Date occurs is called the 'Current Index." If the Index is no longer available, the Note Holder will choose a new index that Is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes r .? Before each Change Date, the Note Holder will calculate my new interest rate by adding FIVE AND 46.51100Ti1S percentage points (S.46S%) to the Curren Index. The Note Holder will then round die result of this addition to the nearest one-eighth of one percentage point (0.123'X). Subject to the limits suited in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date.• ` The Note Holder will then determine ft amount of the monthly payment Mat vyottId be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity bate, at my new interest rate in substantially equal payments. The result of this calculation will be the hew arnotint of my monthly payment. (D) Limits on Interest Rate Changes ' The interest rate I am required to pay at the first Change Date will not be greater than 9.465% or less than 6.46596. Thereafter, lay interest rate will never be increased or decreased+on any single Change Date by more than one percentage point (I%) from the rate of interest I have been paying for the preceding six months. My inttrestrate , will never be greater than 12.465% or less than 6.46596. (E) Effective Date of Changes ; My npw interest rate will become effective on each Change Date. I will pfy the amount of my new monthy payment, beginning on the first monthly payment date after the Change Date until th5 amount of my monthly payment changes again. r Fww ism that 0 "C l 4f3 pnew HQ032392617ONTE S1 2030050472130 M Notice of Changes . • The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will utchde information required by law to be given to me and also the tide and telephone number of a person who will anslver any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, l will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. 1 may make a full Prepayment or partial Prepayments without paying any Prepaymen[ charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I true under this Note. However, the Now Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to red= the Principal amount of the Note. If i make a partial Prepayment, then will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such Joan charge shall be reduced by the amount necessary to reduce the charge to the permitted 1'tm#; and (b) any sums already collected from me which exceeded permitted limits will be tefunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under (hit Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of PHITEN calendar days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5.0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it 1s due, I will be in default. (C) Notice of Default if 1 am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date out which the notice is mailed to me or delivered by other means. (D) No Waiver by Note Bolder Even if, at a time I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expmsea If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expensca in enforcing thin Note to the extei:4 not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that trust be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated In Section 3(A) above or at a different address if 1 am given a notice of that different address. 9. OBLIGA'T'IONS 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 codorser of this Now is also obligated no do these things. Any person who lakes o*r these obligations, including the' obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individuallylor against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. ' 10. WAIVERS I and any other person who has obligations under this Note waive the'rights of Presfnunentand Noticq of Dishonor. "Presentment' means the right to require the Note Holder An demand Rayment of arltounts due. "Notice.,of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. I I. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. in addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust. or Security Deed (the `Security Instrument"), dated ` the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes bow and under what conditiopts 1 may be required to make immediate payment in full of all amounts I owe tinder this Note. Some of those conditions are described as follows: ' WLYWAYa AD.nWARLA RATA NOTE (UMM lx"e -Sftk F&=tb--Vhd& Mee MODOPM PWMUaQM Mr 301 1101 VW I cf! rgdr) Ttanafer of the Property or dal Interest In Borrower. If all or an*" of the Property or any Interest in the Property is sold or trf:cd (or if Borrower is not a natural person std a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Leader may require immediate payment in full of all atoms secured by this Security Instrument. However, #his option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Leader to evaluate the Intended transferee as if a new loan were being (Wade to the transferee; and (b) lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security lnstnmtent is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument utdess Lender releases Borrower in writing. If Lender exorcises the option to require immediate payment in full. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) @ .IF.PY.)/SALfiSBI(RY/ aa,,,,a l ' ( ) ELJXA-BLFTH A. GAAMN (Seat) -Saffiner [son Ortgtnd Only] v { PAY TO THE ORDER OF , wITHOITT RECOURSE DECISION ONE MORTGAGE COMPANY, LLC '. BY: MULTISTATE AIIn/ "L* RATA 1`407$ 01301t WdW -S"ugfs rr®1Y-yn"If Mae MOD1Plaa L`15MMUMT A-m 3590 V01 O Ap 3 qf! Prl=/ + ].calm 2030050CM30 PAYMENT RIDER TO NOTE 'Mils PREPAYmw RIDER is made this 29TH day of ' APRIL .2005 and is incorporated into and shall be domed to Amend and suppienent"Note of the same date given by the undersigned (tie "Borrower") in favor of Decision One Mortgage Company, LLC (the 'Lender'). 5. BORROWER'S RIGRT TO PREPAY I have the right to nuke payments of principal at any time before they are due. A payment of principal only is (mown as a 'prepayment". When I make a prepayment, I will tell the Note Holder in ' writing that I am doing so. I may not designate a payment as a Prepayment if I bave not made all the monthly payments due under the Note. I may make a partial prepayment without paying any prepayment charge. If I make a full prepayment within one (1) yen of the date of this Note, I agree to pay a prepayment charge of S% of the original principal amount of the loan. if I make a full prepayment more than one (1) year but within two (2) years of the date of this Note, I agree to pay a prepayment charge of S% of the original principal amount of the loan. TAe Note Holder will use my prepayments to reduce the amount of principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount. before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial prepayment. there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes, My partial prepayment may reduce the amount of my monthly payments after the frost Change Date following my partial prepayment. However. I any reduction due to my partial prepayment may be offset by an interest rate increase. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Prepayment Rider. 1 AJ? BURY (Seal) -Horm.er Seal EL,MDVM GAR Bonbwu (Sep) -Bee 9wa MNMnVAMA ""AVMWr Rm6R . ADJUMBIA RAM MM MORTGAGE r •? ' i r I I VERIFICATION ROBERT F. THOMAS, ESQUIRE hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff's Motion for Summary Judgment are true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of IS P. S. section 4904. Dated: November 7, 2007 Respectfully submitted, PLUESE, BECKER & SALTZMAN, LLC By: Robert F?ma4, Esquire Attorney r Plaintiff PLUESE, BECKER & SALTZMAN, LLC BY: Robert F. Thomas, Esquire Attorney I.D. #70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff 78561 WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY V. JEFF J. SALISBURY AND ELIZABETH A. GARVIN No. 07-2424 Defendants. CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Jacqueline Ho, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Summary Judgment, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: Fred W. Freitag IV, Esquire 1041 Applejack Drive Gibsonia, PA 15044 Date: ! J6 O rn _-n r- L'= 77 C C ` z + <? <7 cn co -c PLUESE, BECKER & SALTZMAN, LLC BY: Robert F. Thomas, Esquire Attorney I.D. #70206 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff 78561 WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. JEFF J. SALISBURY AND ELIZABETH A. GARVIN Defendants. PRAECIPE FOR ARGUMENT TO THE PROTHONTARY: Please list this matter for the next available Argument Date. No. 07-2424 The matter to be argued is Plaintiff's Motion for Summary Judgment. Date: November 7, 2007 Respectfully submitted, PLUESE, BECKER & SALTZMAN, LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY By: VV / Robert . Thomas, Esquire Attorney for Plaintiff ? raa v ZIP Jr' C± C ? j °? WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE Plaintiff Vs. JEFF J. SALISBURY and, ELIZABETH A. GARVIN Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-2424 ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the PLUESE, BECKER & SALTZMAN, LLC, Law Offices, for the limited purpose of representing Plaintiff at Argument Court to be held on Wednesday, January 23, 2008 on Plaintiff's Motion for Summary Judgment. Date: January 4, 2008 )?)a? h ? Dale F. Shughar J . Supreme Court I.D. 19373 10 West High Street Carlisle, PA 17013 (717) 241-4311 CC: Robert F. Thomas, Esquire, Pluese, Becker & Saltzman, LLC Fred W. Freitag, IV, Esquire C rya " .. N fT f of ".; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE No. 07-2424 Plaintiff, V. JEFF J. SALISBURY AND ELIZABETH A. GARVIN Defendants. ORDER AND NOW, this f? day of 2008, upon consideration of Plaintiffs Motion for Summary Judgment and the Memorandum of Law submitted in support thereof, and any opposition which may have been filed to same, it is ORDERED that the Plaintiff's Motion for Summary Judgment is granted. Judgment In Rem is hereby entered in favor of the Plaintiff and against the Defendants, Jeff J. Salisbury and Elizabeth A. Garvin in the amount of $106,298.35. Interest is to be added to this Judgment In Rem in the amount and will be calculated at the per diem rate of $23.59 day after October 15, 2007 through the date of Judgment. ..-'BY THE C T:y J. i Distribution List: ? Robert F. Thomas, Esquire, 20000 Horizon Way, Suite 900, Mt. Laurel, NJ 08054 e t £S m? ?Fred W. Freitag IV, Esquire, 1041 Applejack Drive, Gibsonia, PA 15044 op i?w.t or) PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff Wells Fargo Bank, National Associaton as Trustee, Plaintiff, V. Court of Common Pleas Cumberland County Jeff J. Salisbury Elizabeth A. Garvin, Defendant(s). PRAECIPE FOR ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment Pursuant to the, Order of Court dated January 23, 2008 (see attached Order) in favor of Plaintiff, Wells Fargo Bank, National Associaton as Trustee, and against Defendant(s), Jeff J. Salisbury and Elizabeth A. Garvin Docket #07-2424 Assess Damages of follows: Total Demand pursuant to Order of Court $106,298.35 Interest due and owing at the rate of $ 3,326.19 $23.59 from 10/16/07 to 3/5/08 TOTAL JUDGMENT TO BE ENTERED $109,624.54 PLUESE, BECKER & WZMAN, LLC By: man, Esquire for Plaintiff 6? ,V n 7 ro 0 4 ca a? Q ^1T? 1 A VJ y ?? V1 n E n A L r-. r-? '?t, 01/23/2008 10:50 -4r i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY I N0.599 IP03 WELLS FAPGO BANK, NATIONAL ASSOCIATION AS TRUSTEE ' No. 07-2424 Plaintiff, V. JEFF J. SALISBURY AND ELIZABETH A. GARVIN j i Defendants. ORDER LL 1 AND NOW, thia.?4ay of .1 2007, upon consideration of Plaintiffs Motion for Summary Judgment and the Me:ocandum of Law submitted irk support thereof, and any opposition which may have been filed to same, it is ORDERED thai the Plaintiff's Motion for Summary Judgment is granted. Judgment In Rem is hereby entered in favor of the Plaintiff and against the Defendants, Jeff J. Salisbury and Elizabeth A. Garvin in the amount of $106,298.35. Interest is to be added to this Judgment In Rem in the amount and will be calculated at the per djem rate of $23.59 for each day after October 15, 2007 through the date of Judgment. I Distribution List: Robert F. Thomas, Esquire, 20000 Horizon Way, Suite 900, Mt. Laurel, NJ 08054 Fred W. Freitag IV, F,squire, 1041 Applejack Drive, Gibsonia, PA 15044 C-0% 1 fir ':= ;? • ;?, TRUE Copy in rEi,tOnyt!I - t,1 It;: i?It0 Sirs r? rta -if to ezi MI atca'.71W% Pa .4 the UW OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS ONE COURTHOUSE SQUARE CARLISLE, PA 17013 Curt Long, Prothonotary [XX] Judgment pursuant to Order of Court CURT LONG, PROTHONOTARY Jeff J. Salisbury 93 Parsonage Street Newville, PA 17241 Wells Fargo Bank, National Associaton as Trustee, - Plaintiff, V. Jeff J. Salisbury Elizabeth A. Garvin, Defendants. Elizabeth A. Garvin 93 Parsonage Street Newville, PA 17241 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 07-2424 NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above-captioned proceeding as indicated below. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Rob Saltzman, Esquire, Attorney ID #53957 PLUESE, BECKER & SALTZMAN, LLC 20000 Horizon Way, Suite 900 Mt. Laurel, NJ 08054 856/813-1700 Attorneys for Plaintiff 4 .0. 'a PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Wells Fargo Bank, National Associaton as Trustee, Plaintiff, V. Jeff J. Salisbury Elizabeth A. Garvin, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA To the Prothonotary: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST From 3/6/08 to 6/11/08 @ $18.02 per diem -P4 44- a?E.oV j.,s? ..maco"'I '??otsal 40 /s/ee (Costs to be added) Date: March 4, 2008 NO.: 07-2424 $ 1,765.96 f -3324•19 -*- $111,390.50 ,WSaltzman, Esquire ,Attorney for Plaintiff 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 (856) 813-1700 Attorney ID No.: 53957 Note: Please attach description of Property. File #78561 Y V ? Cl) C:l '` _ I T y y V r V r V ?r Y 1 y ? " Lo y` 4 d d ? , U LLJ "S vl rw h ?y}. Q ? ? N d N ? a a ? zz o U w W 4,4 z N 0 ° Q .Q,U' ° y 4 N U cad O cd ^= d CA E, .C ? ? G$ cp O ? i O ? W ?Tk d M d W? rn ? bD w U W ? d ? v 0 ? 0 1 -4 v cd a 00 00 Zft w h C 1? ALL THAT CERTAIN tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a point on the Northern right of way line of Parsonage Street; thence along right of way of Washington Street; thence along said right of way line North 26 degrees 00 minutes West 191.0 feet to a point on the Southern right of way line of unopened 16.6 feet Church Alley; thence along unopened Church Alley North 64 degrees 00 minutes East 40.0 feet to an iron pin; thence along the dividing line between Lots Nos. 8 and 9 on said survey South 26 degrees 00 minutes East 191.0 feet; thence along the Northern right of way line of Parsonage Street South 64 degrees 00 minutes West 40.0 feet to a point, the place of beginning. BEING designated as Lot No. 9 on the survey of Mary E. Barrick and further bounded and described in accordance with a survey prepared by Eugene A. Hockensmith, R. S. dated August 21, 1986. TOGETHER with and subject to a 15 foot wide easement along the Southern boundaries of Lots 7, 8, and 9 for ingress, egress and regress to and from said lots and Parsonage Street as shown on the attached plan. Being known as 93 Parsonage Street, Newville, PA 17241 Tax Parcel 427-20-1754-016D WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2424 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff (s) From JEFF J. SALISBURY AND ELIZABETH A. GARVIN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $106,298.35 L.L. $.50 Interest FROM 316/08 TO 6/11/08 @ $18.02 PER DIEM - $1,765.96 - INTEREST DUE AND OWING AT THE RATE OF $23.59 FROM 10/16/07 TO 3/5/08 - $3,326.19 Atty's Comm % Atty Paid $207.04 Plaintiff Paid Due Prothy $2.00 Other Costs Date: MARCH 5, 2008 (Seal) REQUESTING PARTY: Name ROB SALTZMAN, ESQUIRE Address: 20000 HORIZON WAY, SUITE 900 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF A 44 C Long, Pro ary By: Deputy Telephone: 856-813-1700 Supreme Court ID No. 53957 PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff Wells Fargo Bank, National Associaton as Trustee Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Jeff J. Salisbury Elizabeth A. Garvin Defendant Docket #07-2424 AFFIDAVIT OF LAST KNOWN ADDRESS I, Rob Saltzman, Esquire, Attorney for Plaintiff, Wells Fargo Bank, National Associaton as Trustee, hereby certify that the last known address(es) of the Defendant(s) is/are as below: Jeff J. Salisbury, 93 Parsonage Street, Newville, PA 17241 Elizabeth A. Garvin, 93 Parsonage Street, Newville, PA 17241 I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Respectfully submitted, PLUESE, BECKER & SALTZMAN, LLC BY: Rob for Plaintiff Our File #78561 C ? MK UJ ? ? -?... CJl r??{ J 4C,) -< PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 for Plaintiff Wells Fargo Bank, National Associaton as Trustee, Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Jeff J. Salisbury Elizabeth A. Garvin, Defendants. Docket #07-2424 AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, National Associaton as Trustee, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 93 Parsonage Street, NewAlle, PA 17241, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of owner(s) or reputed owner (s): Jeff J. Salisbury Elizabeth A. Garvin 93 Parsonage Street 93 Parsonage Street Newville, PA 17241 Newville, PA 17241 2. Name and address of defendant(s) in the judgment: SAME AS ABOVE 3. Name and last address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, National Mortgage Electronic Registration Systems, Inc. Associaton as Trustee As Nominee for Decision One Mortgage Co. (Plaintiff) P.O. Box 2026 Flint, MI 48501-2026 Our File #78561 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland Co. Dept. of Domestic Relations P.O. Box 320 Carlisle, PA 17013 Commonwealth of PA Dept. of Welfare P.O. Box 2675 Harrisburg, PA 17105 Dept. of Public Welfare T.P.L. Casualty Unit Estate Recovery Program P.O. Box 8486, Willow Oak Building Harrisburg, PA 17105 Newville Water and Sewer Authority 4 West Street Newville, PA 17241 PPL Resources, Inc. 40 Roadway Drive Carlisle, PA 17013 Commonwealth of PA 6th Floor, Strawberry Square Bureau of Individual Tax Inheritance Tax Division Attn: John Murphy, Dept. 280601 Harrisburg, PA 17128 Internal Revenue Service Federal Estate Tax Special Procedure Branch P.O. Box 12051 Philadelphia, PA 19105 Newville Borough 4 West Street Newville, PA 17241 Tax Collector - Phyllis Mesick 10 Fairfield Street Newville, PA 17241 Our File #78561 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property, which may be affected by the sale: Tenant/Occupant Fred W. Freitag IV, Esquire 93 Parsonage Street 1041 Applejack Drive Newville, PA 17241 Gibsonia, PA 15044 (attach separate sheet if more space is needed) 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. #4904 relating to unworn falsification to authorities. March 4, 2008 PLUESE, BECKER & S TZMAN, LLC Date BY: b Saltzman, Esquire Attorney for Plaintiff Our File #78561 n ^a _` ? r- , C4 r^, -qt ? CJ1 0 L C4 rn Ca ? "? £D c PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 for Plaintiff Wells Fargo Bank, National Associaton as Trustee, Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Jeff J. Salisbury Elizabeth A. Garvin, Defendants. Docket #07-2424 NOTICE OF SHERIFF'S SALE OF REAL ESTATE Jeff J. Salisbury Elizabeth A. Garvin 93 Parsonage Street 93 Parsonage Street Newville, PA 17241 Newville, PA 17241 Your house at 93 Parsonage Street, Newville, PA 17241, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the court judgment of $109,624.54 obtained by Wells Fargo Bank, National Associaton as Trustee against you. The Sheriff's Sale will be conducted on June 11, 2008, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff's Department. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 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. Our File 978561 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (717) 240-6390 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriff's office at (717) 240-6390. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At this 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 Cumberland County Sheriff on or about thirty (30) days from the date of the Sheriff's Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE 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 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Our File #78561 ALL THAT CERTAIN tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a point on the Northern right of way line of Parsonage Street; thence along right of way of Washington Street; thence along said right of way line North 26 degrees 00 minutes West 191.0 feet to a point on the Southern right of way line of unopened 16.6 feet Church Alley; thence along unopened Church Alley North 64 degrees 00 minutes East 40.0 feet to an iron pin; thence along the dividing line between Lots Nos. 8 and 9 on said survey South 26 degrees 00 minutes East 191.0 feet; thence along the Northern right of way line of Parsonage Street South 64 degrees 00 minutes West 40.0 feet to a point-, the place of beginning. BEING designated as Lot No. 9 on the survey of Mary E. Barrick and further bounded and described in accordance with a survey prepared by Eugene A. Hockensmith, R. S. dated August 21, 1986. TOGETHER with and subject to a 15 foot wide easement along the Southern boundaries of Lots 7, 8, and 9 for ingress, egress and regress to and from said lots and Parsonage Street as shown on the attached plan. Being known as 93 Parsonage Street, Newville, PA 17241 Tax Parcel #27-20-1754-016D p ca ca p C. :3r ` cam; K 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 ;B&R PHONE: (215) 546-7400 FAX: (215) 985-0169 Bervice? for ProieuionaL Iac. Wells Fargo Bank, et al -vs- Jeff J. Salisbury and Elizabeth A. Garvin mr-f National Association of Professional Process Servers r., Philadelphia Association of Professional Process Servers COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 07-2424 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control # CS049262 - 2 COUNTY OF PHILADELPHIA: Reference Number 78561 SERVICE INFORMATION On 11 day of March, 2008 we received the Notice of Sheriff Sale for service upon Elizabeth A. Garvin at 93 Parsonage Street Newville, PA 17241 *** Special Instructions *** Served Date d 4yo Time Accepted By: e4-4 4r 01e % ! In the manner described below. Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business i Other -- -------- ---- ---- -- - ------ - --------- Description of Person Age Height Sj Weight 1,,LQ_ Race C Sex 7? Other 0 Not Served Date Time Not Served Information Moved Unknown No Answer Vacant Other COMMONWEALTH OF PENNSYLVANIA - The Process Server, being duly sworn, Notarial Seal Sworn to and subscribed before me this deposes and says that the facts set forth John F. Shinkowsky, Notary Public herein are true and correct to the best of their SusquehannaTwp., Dauphin County 3 day of pyi` Cdr .4 knowledge, information and belief. My Commission Expires Sept. 28, 2010 t - ?" §;If f? Member, Pennsylvania Association of Notaries Process Server/Sheriff N ry Public Law Firm Phone (856)813-1700 Fo Robert Saltzman, Esquire ServeBy Date 4/312008 Pluese, Becker & Saltzman, LLC Filed Date 20000 Horizon Way Suite 900 Sale Date 6/11/2008 Mount Laurel, NJ 080544318 ORIGINAL 071VC caa ? z r- =p w 235 SOUTH 13TH STREET' ' PHILADELPHIA, PA 19107 PHONE: (215) 546-7400 FAX: (215) 985-0169 Serviced for Protewioaab Iac. Wells Fargo Bank, et al -vs- Jeff J. Salisbury and Elizabeth A. Garvin mr-q National Association of Professional Process Servers Philadelphia Association of Professional Process Servers COURT Court of Common Pleas of Pennsylvania COUNTY Cumberland County CASE NUMBER 07-2424 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control # CS049262 -1 COUNTY OF PHILADELPHIA: Reference Number 78561 SERVICE INFORMATION On 11 day of March, 2008 we received the Notice of Sheriff Sale for service upon Jeff J. Salisbury at 93 Parsonage Street Newville, PA 17241 *** Special Instructions *** Served Date dYj0g Time- 9:10 Accepted By: WOQ In the manner described below. Personally served. crfe _ Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. - - Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business Other j Description of Person Age -3 t? Height Weight /?D Race phi t Sex i+w/e Other Not Served Date Time Not Served Information Moved Unknown No Answer Vacant Other COMMONWEALTH OF PEt4NSYLVANIA - The Process Server, being duly sworn, Notarial Seal wom to and subscribed before me thit deposes and says that the facts set forth John F. Shinkowsky, Notary Public herein are true and correct to the best of their SusquehannaTwp., Dauphin County day of knowledge, information and belief. My Commission Expires Sept. 28, 2010 Pennsylvania Association of Notaries - Process Server/Sheriff NrY Public Law Firm Phone (856)813-1 0 Fo Robert Saltzman, Esquire ServeBy Date 4/3/2008 Pluese, Becker & Saltzman, LLC Filed Date 20000 Horizon Way Sale Datei 6/11/2008 Suite 900 Mount Laurel, NJ 080544318 9 ORIGINAL 071VC x.. C 77' i 5-;% 9 t C7'+ ? s Pluese, Becker & Saltzman, LLC Rob Saltzman / I.D. No. 53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 (856) 813-1700 Attorney for Plaintiff File No. 78561 Wells Fargo Bank, National Association As Trustee, Plaintiff, V. Jeff J. Salisbury Elizabeth A. Garvin, Defendant(s). COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No. 07-2424 AFFIDAVIT PURSUANT TO Pa R.C.P. 3129.2 Joseph Giuliano, of full age, being duly sworn, deposes and states the following: I am a Legal Assistant with the firm of Pluese, Becker & Saltzman, LLC, local counsel to the Plaintiff in the above-referenced mortgage foreclosure action. I make this Certification predicated upon personal knowledge, matters of record and documents maintained in our firm's file. 2. Diligent efforts have been made to identify all persons/entities holding mortgages, judgments, liens, or other interest in the subject premises of the foreclosure proceeding. The efforts made include, but are not limited to a review of the Court dockets and those interests or encumbrances disclosed by the records of the Recorder of Deeds Office in the County wherein the subject property is located. Due to circumstances beyond Plaintiff's control, such land records are accurate and report liens or interests recorded through the applicable "cover" or "board" date only, and it is not possible to ascertain the identity of any subordinate lienors whose interests have been recorded after the said cover date. 3. All persons/entities holding mortgages, judgments, liens or other interest in the subject premises, and as limited by the circumstances hereinbefore described, have been provided Notice(s) of Sheriff's Sale. See Exhibit "A", Notice of Sheriff's Sale. 4. The Notice(s) of Sheriff's Sale herein was (were) duly served upon the recipients in accordance with Pennsylvania Rule of Civil Procedure 3129 and/or pursuant to an Order for Alternate Service by posting the subject property and as otherwise stated in the annexed Affidavit of Service. See Proof(s) of Mailing and/or Order and/or Affidavit(s) of Service annexed, collectively marked Exhibit "B." I hereby declare that the foregoing statements are true and correct to the best of my knowledge, information and belief. I am aware that if the foregoing statements are willfully false, I am subject to punishment. Respectfully Submitted, Pluese, Becker f Saltzman, LLC r i By: ose Date: M ay 23, 2008 iuliano, Legal Assistant ecker & Saltzman LLC EXHIBIT `6A" PLUESE, BECKER & SALTZMAN, LLC Attorneys at Law 20000 HORIZON WAY ROB SALTZMAN . SUITE 900 OF COUNSEL: RSaltzman(2 MAN ors MT. LAUREL, NEW JERSEY 08054-4318 (856) 813-1700 Katz, Ettin & Levine, P.C. SANFORD J. BECKER FACSIMILE: (856) 813.1720 SBecker(c)pbslaw o? The Law Offices of Barbara A. Fein, P.C.. PENNSYLVANIA OFFICE: ROBERT T T. . PL PL oreUESE 425 COMMERCE DRIVE, SUITE 100 FORT WASHINGTON, PA. 19034 ROBERT F. THOMAS. (215) 546-3205 . PA and NJ Bars RThomasApbslaw org Please reply to: Mt. Laurel, New Jersey NOTICE OF CUMBERLAND COUNTY SHERIFF'S SALE To: All Interested Parties, identified in the Annexed Affidavit Re: Wells Fargo Bank, National Associaton as Trustee v. Jeff J. Salisbury and Elizabeth A. Garvin Docket No. 07-2424 Property: 93 Parsonage Street, Newville, PA 17241 Please be advised that the above-referenced property (and any improvements thereon) is scheduled to be sold by the Cumberland County Sheriff's Department on June 11, 2008, at 10:00 A.M. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. This sale is scheduled pursuant to a Final Judgment in Mortgage Foreclosure entered in the amount of $106,298.35 in the Court of Common Pleas for Cumberland County. Our records indicate that you may have an interest in or judgment encumbering the mortgaged property which may be extinguished (removed) by the sale. You may wish to attend the sale or otherwise act to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff' not later than thirty (30) days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You may call the Cumberland County Sheriffs Department at (717) 240-6390 for the date on which the distribution schedule will be posted. Sincerely, By: Rob Saltzman, Esquire Attorney for Plaintiff Our File ((File-No)) EXHIBIT °B" • r ? T y O CA N 01 aZ T O ? c C, 3 3 N W ? CO a o V CD V ? l CCCD? (D u? Q C N C) N 0 p 0 fll N c ac N 3 CD CT N CD O N° 0 O CD ao -4 M cn a w N ? \ n ?f N C 3 J 00 C N E- ... S C N r W rt O nn93 O ?p _ N 00 C3 1 Z ?• N O O 7 ti G- 00 N O y v) ? m EL - r n a N n O a C N rr O W cr T O a M ID 7 N N < S1 C1 D K d fD 3 L9 O 7 X ID m N A? x?w ?n w pdo w rods ?7ba? n fD r x o v? co c? o c X (7 n ??o c° n o =-U7, - o Q7ooa a a a ????? b £+ a OQ OD n om= A ° _ < 00 N ° D b w •V W f7 a N 0 A N O Oo C?7 N N IA X O N C ° <0? (b o o w v _ 'D oho `° m CD 'D o f D o o ° Z D, 3 K 0 . v b? N d o d m j c `"0 (ti O 3 Z CD ,°7 m o m. c " O CD a 0 ???? CL S, o a N U3 m M N w ? ? a d 3 o t D .? . _N c m a a O 2 :a . CD m _ m 3 ° ,z o 0 c co F T I 0 N m c j N I v 9 C. G n 3000Jlz VU08-4 0311vil Oclo6 -c -7 Jl J'N L 7rrrr7 n nn Ooz,to $ VdL zo - SWAOS A3Nild G ISEEEML r g 2 - w ig ,ricted Delive Return Recei xa; ? _ - CD 0 CO C/O ' c ° a o N O N w 'S G -U ca < co c X CD ° ro cn 5 I C4 ti : tj W, .0 a Cn CD ° n co a c v C' CD N (?D 00 P p = m 0 o 0 a < CD X In nm.? 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O c ?o O m Q m m D livery onfirm tion - 0 Signat re Con irmati n C Specia Handl ng m Re Acted Delive - g Return Recei t T COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which WELLS FARGO BANK N A is the grantee the same having been sold to said grantee on the 1 ST day of OCT A.D., 2008, under and by virtue of a writ Execution issued on the 5TH day of MARCH, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2424, at the suit of WELLS FARGO BANK N A TR against JEFF J SALISBURY & ELIZABETH A GARVIN is duly recorded as Instrument Number 200835950. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this J day of 242:2tL -, A.D. c?6VF VU of Deeds of Dads, Cu WW" County, Cwlft. PA MWW E*M M Fiat Mw4W d JW 2010 Wells Fargo Bank, National Association as In the Court of Common Pleas of Trustee Cumberland County, Pennsylvania vs Writ No. 2007-2424 Civil Term Jeff J. Salisbury and Elizabeth.A. Garvin Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1301 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Jeff J. Salisbury and Elizabeth A. Garvin by making known unto Jeff Salisbury personally, and adult in charge for Elizabeth Garvin, at 93 Parsonage Street, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1301 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Jeff J. Salisbury and Elizabeth A. Garvin located at 93 Parsonage Street, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jeff J. Salisbury and Elizabeth A. Garvin by regular mail to their last known address of 93 Parsonage Street, Newville, PA 17241. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on ociw.hcr l , zocb at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Rob Saltzman, on behalf of Wells Fargo Bank National Association as Trustee Under Pooling and Servicing Agreement Dated as of August 1, 2005 Morgan Stanley ABS Capital I Inc. Trust 2005-HE4 Mortgage Pass Through Certificates, Series 2005-HE4. It being the highest bid and best price received for the same, Wells Fargo Bank National Association as Trustee Under Pooling and Servicing Agreement Dated as of August 1, 2005 Morgan Stanley ABS Capital I Inc. Trust 2005-HE4 Mortgage Pass Through Certificates, Series 2005-HE4, of 701 Corporate Center Drive, Raleigh, NC 27607, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,021.40. Sheriff s Costs: Docketing $30.00 Poundage 19.25 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 23.04 Levy 15.00 Surcharge 30.00 Post Pone Sale 40.00 Law Journal 355.00 Patriot News 339.38 Share of Bills 14.73 Distribution of Proceeds 25.00 Sheriffs Deed 49.50 $ 1,031.40 ?/?v © g So Answers: R. Thomas Kline, Sheriff BY Real Estate rgeant ?3°M) C Ch. '6LN?? rte, a /t,7"( 9 r PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff Wells Fargo Bank, National Associaton as Trustee, Plaintiff, V. Jeff J. Salisbury Elizabeth A. Garvin, Defendants. COURT OF COMMON PLEAS Docket #07-2424 AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank; National Associaton as Trustee, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 93 Parsonage Street, Newville, PA 17241, Cumberland County, Pennsylvania, was true and correct to the best of its knowledge, information and belief. 1. Name and address of owner(s) or reputed owner (s): Jeff J. Salisbury Elizabeth A. Garvin 93 Parsonage Street 93 Parsonage Street Newville, PA 17241 Newville, PA 17241 2. Name and address of defendant(s) in the judgment: SAME AS ABOVE 3. Name and last address of every judgment creditor whose judgment is a record lien on the real property to be sold: None. 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, National Mortgage Electronic Registration Systems, Inc. Associaton as Trustee As Nominee for Decision One Mortgage Co. (Plaintiff) P.O. Box 2026 Flint, MI 48501-2026 Our File #78561 5. Name and address of every other person who has any record lien on the property: None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland Co. Dept. of Commonwealth of PA Domestic Relations 6th Floor, Strawberry Square P.O. Box 320 Bureau of Individual Tax Carlisle, PA 17013 Inheritance Tax Division Attn: John Murphy, Dept. 280601 Commonwealth of PA Harrisburg, PA 17128 Dept. of Welfare P.O. Box 2675 Harrisburg, PA 17105 Dept. of Public Welfare T.P.L. Casualty Unit Estate Recovery Program P.O. Box 8486, Willow Oak Building Harrisburg, PA 17105 Internal Revenue Service Federal Estate Tax Special Procedure Branch P.O. Box 12051 Philadelphia, PA 19105 Newville Borough 4 West Street Newville, PA 17241 Newville Water and Sewer Authority 4 West Street Newville, PA 17241 PPL Resources, Inc. 40 Roadway Drive Carlisle, PA 17013 Tax Collector - Phyllis Mesick 10 Fairfield Street Newville, PA 17241 Our File +1'78561 V 7. Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property, which may be affected by the sale: Tenant/Occupant Fred W. Freitag IV, Esquire 93 Parsonage Street 1041 Applejack Drive Newville, PA 17241 Gibsonia, PA 15044 (attach separate sheet if more space is needed) 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. #4904 relating to unworn falsification to authorities. March 4, 2008 Date PLUESE, BECKER & S4TZMAN, LLC BY: Pc6b Saltzman, Esquire Attorney for Plaintiff Our File #78561 r. PLUESE, BECKER & SALTZMAN, LLC By: Rob Saltzman, Esquire Attorney I.D. #53957 20000 Horizon Way, Suite 900 Mount Laurel, NJ 08054 Phone: 856-813-1700 Attorney for Plaintiff Wells Fargo Bank, National _Associaton_as Trustee, Plaintiff, V. COURT OF COMMON PLEAS CUMBERLANDCOUNTY Jeff J. Salisbury Elizabeth A. Garvin, Defendants. Docket #07-2424 NOTICE OF SHERIFF'S SALE OF REAL ESTATE Jeff J. Salisbury Elizabeth A. Garvin 93 Parsonage Street 93 Parsonage Street Newville, PA 17241 Newville, PA 17241 Your house at 93 Parsonage Street, Newville, PA 17241, is scheduled to be sold by the Cumberland County Sheriff's Department to enforce the court judgment of $109,624.54 obtained by Wells Fargo Bank, National Associaton as Trustee against you. The Sheriff's Sale will be conducted on June 11, 2008, at 10:00 A.M., at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387 or, in the alternative, at a location to be determined by the Cumberland County Sheriff s Department. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to Plaintiff Mortgagee the back payments, late charges, costs and reasonable attorneys Fees due. To find out how much you must pay, you may call Rob Saltzman, Esquire at (215) 546-3205. 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. Our File #78561 You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Rob Saltzman, Esquire at (215) 546-3205, or by calling the Cumberland County Sheriff's Department at (717) 240-6390 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Rob Saltzman, Esquire at (215) 546-3205, or by calling the Sheriffs office at (717) 240-6390. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At this 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 Cumberland County Sheriff on or about thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Distribution sheet is posted. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale.. YOU SHOULD TAKE 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 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Our File #78561 ALL THAT CERTAIN tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a point on the Northern right of way line of Parsonage Street; thence along right of way of Washington Street; thence along said right of way line North 26 degrees 00 minutes West 191.0 feet to a point on the Southern right of way line of unopened 16.6 feet Church Alley; thence along unopened Church Alley North 64 degrees 00 minutes East 40.0 feet to an iron pin; thence along the dividing line between Lots Nos. 8 and 9 on said survey South 26 degrees 00 minutes East 191.0 feet; thence along the Northern right of way line of Parsonage Street South 64 degrees 00 minutes West 40:0-feet to-a point, the placeof beginning: BEING designated as Lot No. 9 on the survey of Mary E. Barrick and further bounded and described in accordance with a survey prepared by Eugene A. Hockensmith, R. S. dated August 21, 1986. TOGETHER with and subject to a 15 foot wide easement along the Southern boundaries of Lots 7, 8, and 9 for ingress, egress and regress to and from said lots and Parsonage Street as shown on the attached plan. Being known as 93 Parsonage Street, Newville, PA 17241 Tax Parcel #27-20-1754-016D WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2424 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff (s) From JEFF J. SALISBURY AND ELIZABETH A. GARVIN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $106,298.35 L.L. $.50 Interest FROM 316/08 TO 6/11/08 @ $18.02 PER DIEM - $1,765.96 - INTEREST DUE AND OWING AT THE RATE OF $23.59 FROM 10/16/07 TO 3/5/08 - $3,326.19 Atty's Comm % Atty Paid $207.04 Plaintiff Paid Due Prothy $2.00 Other Costs Date: MARCH 5, 2008 (Seal) REQUESTING PARTY: Name ROB SALTZMAN, ESQUIRE Address: 20000 HORIZON WAY, SUITE 900 MOUNT LAUREL, NJ 08054 Attorney for: PLAINTIFF Curti A. Long, Pr otary By: Deputy Telephone: 856-813-1700 Supreme Court ID No. 53957 Real Estate Sale # 74 On March 12, 2008 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of Newville, Cumberland County, PA Known and numbered as 93 Parsonage Street, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2008 € S =8 V 9- 8VW 80V1 By: Real Est to Sergeant G;Aj CERn Q r tom: Vd 'AINrio4 JJI83HS.jHI v ;' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 >A UL JIMA S iii BO. 74 Writ No. 2007-2424 Civil Wells Fargo Bank, National Association as Trustee vs. Jeff J. Salisbury and Elizabeth A. Garvin Atty.: Rob Saltzman ALL THAT CERTi N tit of land situate in the Borou& of Newv0e, Cumbsarbod County, Penn"tw lia, mare fully bounded and deed as Talks & BEGINNING at a point on the Northern right of way line of Parson- age Street; thence along right of way of Washington Street; thence along said right of way line North 26 de- grees 00 minutes West 191.0 feet to a point on the Southern right of way line of unopened 16.6 feet Church Alley; thence along unopened Church Alley North 64 degrees 00 minutes East 40.0 feet to an iron pin; thence along the dividing line between Lots Nos. 8 and 9 on said survey South 26 degrees 00 minutes East 191.0 feet; thence along the Northern right of way line of Parsonage Street South 64 degrees 00 minutes West 40.0 feet to a point, the place of beginning. BEING designated as Lot No. 9 on the survey of Mary E. Barrick and further bounded and described in accordance with a survey prepared by Eugene A. Hockensmith, R. S. dated August 21, 1986. TOGETHER with and subject to a 15 foot wide easement along the Southern boundaries of Lots 7, 8, and 9 for ingress, egress and regress to and from said lots and Parsonage Street as shown on the attached plan. Being known as 93 Parsonage Street, Newville, PA 17241. Tax Parcel #27-20-1754-016D. AThe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4tPatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn to subscribed before me this 27 day of May, 2008 A.D. 9.0 .0 Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrie L. Sheppard, Notary Public City Of Harrisburg, Dauphin Counter My Commission Expires May 29, 9nin Member, Pennsylvania Association of Notaries Real Estate Sale #k74 Writ No. 2007-2424 Civil Term Wells Fargo Bank, National Association as Trustee VS Jeff J. Salisbury and Elizabeth A. Garvin Attorney: Rob Saltzman DESCRIPTION ALL THAT CERTAIN tract of land situate in the Borough of Newville, Cumberland County, Pennsylvania, more fully bounced and described as follows: BEGINNING at a point on the Northern right of way line of Parsonage Street; thence along right of way of Washington Street; thence along said right of way line North 26 degrees 00 minutes West 191.0 feet to a point on the Southern right of way line of unopened 16.6 feet Church Alley; thence along unopened Church Alley North 64 degrees 00 minutes East 40.0 feet to an iron pin; thence along the dividing line between Lots Nos. 8 and 9 on said survey South 26 degrees 00 minutes East 191.0 feet; thence along the Northern right of way line of Parsonage Street South 64 degrees 00 minutes West 40.0 feet to a point, the place of beginning. BEING designated as Lot No. 9 on the survey of Mary E. Barrick and further bounded and described in accordance with a survey prepared by Eugene A. Hockensmith, R. S. dated August 21,1986. TOGETHER with and subject to a 15 foot wide easement along the Southern boundaries of Lots 7, 8, and 9 for ingress, egress and regress to and from said lots and Parsonage Street as shown on the attached plan. Being known as 93 Parsonage Street, Newville, PA 17241 Tar Parcel #27-20-1754-016D