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HomeMy WebLinkAbout07-3674SHAPIRO & KREISMAN, LLC BY: CHRISTOPER A. DENARDO, ESQUIItE, ATTORNEY I.D. N0.78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. N0.93337 ILANA ZION, ESQ., ATTORNEY LD. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29540 Wells Fargo Bank, N.A. PLAINTIFF VS. Ryan J. Rich 3 Farm House Lane Carlisle, PA 17013 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY COMPLAINT - CIVII~ ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YUU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA 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 Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARR USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & KREISMAN, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. N0.93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUTTE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE N0.07-29540 Wells Fargo Bank, N.A. PLAINTIFF ; VS. Ryan J. Rich 3 Farm House Lane Carlisle, PA 17013 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY `--- -~ NO: O'ff' ., 3`7 y ~i v ~ l., 1 ~t/1-~'"l COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Wells Fargo Bank, N.A., the address of which is, 1 Home Campus Drive, Des Moines, Iowa 50328, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mort~a~e: Mortgagee: Washington Mutual Bank, FA Mort ag`~or(s): Ryan J. Rich (b) Date of Mortgage: September 30, 2003 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1839 Page 2673 Date: October 6, 2003 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Washington Mutual Bank fka Assignee: Wells Fargo Bank, N.A. Date of Assignment: March 15, 2007 Recording Date: March 23, 2007 Book: 735 Page: 1709 Washington Mutual Bank, FA 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 15 North Middlesex Road, Carlisle, Pa 17013 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of each Defendant is: Ryan J. Rich, 3 Farm House Lane, Carlisle, PA 17013 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of March 1, 2007 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of June 16, 2007: Principal of Mortgage debt due and unpaid Interest currently due and owing at 5.875% per annum calculated from February 1, 2007 at $14.60 each day Late Charge of $28.10 per month assessed on the 16th of each month from March 16, 2007 to June 16, 2007, (4 Months) Escrow Advances made by Plaintiff Mortgage Insurance Premium Property Inspection Title Search/Report Fees Attorneys' Fees and Costs $90,695.26 $1,985.60 $112.40 $141.06 $61.75 $44.94 $250.00 $4,534.76 $97,825.77 8. Interest accrues at a per diem rate of 14.60 each day after June 16, 2007, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff s sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et sec ., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: ~p Q o~ SHAPIRO & KREISMAN, LLC BY: Attorneys for Pla' 'ff S & K File No. 07-29540 dun-11-2007 03:31pIA From- ~ ~S~t~ C~c i~ ~~ AFTER RECQROING RETURN T0: 'if'aahingtpn Mgirual >3ank, FA C/0 ACS ~-GR 90Y,~rCNS x.2691 PAI,A DRZV$ I~l6156DPC.u l~1RULN t~ROVS, 4A 928A~1 T-634 P.006/036 F-602 ,. 4G:::~~E; JF A~~as '"~~~l.At{D COUNTY-~~~. '~3 OGT 6 A~ 9 06 [Space Above This Line l:or Regarding fatal .3QSx~ M~DRTGAGE »EFlNIi'IONS 03-6120-066372569-5 Words used in multiple sacdons of this document are defined below and other words era defined in Sectlans 3, 11, 73, 18, 2fl end Z1. Certain rules regarding the usage pf words used In this document are also provided in Section 18. (W "Sectuitl-laetrunterrE" means this document, which Is dated 6eptember 30, Zg03 together with etl Hiders t0 this document. IB) "Borrower' is .H7®g~7, RICH. „~ 6TN'r3LB t:uua Borrower is the mortgagor under this Security Instrument. tC) 'Lender" Ls _ _ oQaF_sh__~ng~.q~MeeLa1 T3~+± ~n a ,~„ d~e_~,,' aes~g;,~,~gD Lender is a ~,~ organized and existing under the laws of nn~l t od gtrarga 8F ma,"{ ~s Lender's address Is: 4U0 East M~~ri 4f;rset ate~4 on,, ['A 95290 lender Is the mortgagee under this 8acurity Instrument. (Dl "Note' rneana the promissory note signed by Borrower and dated ,c~y~r 3•~~ coos The Note states that earrawer owes lender ~ e y_gjy~ Thanearf~ oo/ieo Dollars {U,S. ~ Q,~ooa _ ee )plus interest. eorrawar has promised to pay this debt In regular Periodic F'eymerrte and to pay the debt in full not Inter than Satoh .r ? . 2as~ (El "Property" means the property that is described below under the heading "Transfer of Rights In the Property.' (FI "Coen" means the debt evidenced by the Note, plus Interest, any prepayment charges end late charges due under the Note, and all sums due under this Security Insvument, plus interest. ~anoa-0~ Pupa 1 of 19 ~ B8 ltEtDORDED °.41 ~3~~-?~73 t EtHIBIT •A' Jun-11-2007 03:31 pm From- T-634 P.006/036 F-60Z 03-612U-x66372569-5 tG} "Rides" means all Flidars to this Security lrystrument that are executed by Borrower. The foliawing Riders are to be executed by Borrower (shack box as applicable): Adjustable Rate Rider Cj Condominium Rider ~ 1.4 Family Rider © Graduated Payment Rider (~ Planned Unit Development ceder [~ Biweekly Payment Feder [] 8aibon Hider 0 Rate improvement Rider ~ Second Worne Hader [] ptherlgl tapecifyl till "Applioable l.aw" means ail controlling applicable federal, state and laaal statutes, raguiations, ardlnaneas and adminlstratlvg rules and orders (thee have the effect ofi law) as wail as alt applicable final, non-eppaalabia judicial opinions. (i) "Comrliunity Asaoeledan 17uas, Faas, and AM~iliMmentf" rn9snS ell dues, fees, assessments and other charges that are imposed art Borrower dr the Property by a condominium assoctatian, homeowners aesociadon or s}mtiar organization. (JI 'Electronte Funds Transfer" organs any transfer of funds, dthet than s transaction originated by cheek, draft, or aim[lar paper instrument, which is initiated through an giactronic terminal, telephonic tngtroment, camputar, ar magnetic tape so as to order, instruct, or authorize a financial institution to debit or xrgdit an adcount. Such term includes, bat is not limited td, point--0f-sale transfers, automated teller maahirra tntnsactl4na, uansfers Initiated by telephone, wire transfers, and automated elaaringhouse transfers. (K) "Gcrow trams` means chose Items that are described in Bastian 3. il} 'MieceOenaous P'roceeds' means any compensation, settiemertt, award of damages, or proceeds, whether by way of judgment, sattiemant ar otherwise, paid by any third perry (other than insurance prgpeads paid under the coverages described in Section B} for: ii} darnaga to, ar dgsvuctian of, the Property; iii} condarnna4on qr other taking of ail 4r any part of the Property; (iii} aonveyanae !n lieu of xandemnatfon; of iiv} misraprasentatiane of, or vmisslons ea to, the Va[ue and/or condition of the Property. tM) "Mortgage tneurancg' means insurance protecting Lender against the nonpayment of, or default an, the Laan. tNi "PgriodiG Payment" means the regularly scheduled amount due for ti} principal and interest under the Note, plus pl) any amounts under Sgatian 3 of this Security Instrument. to) "RESPA" means the Real Estate Settlamarrt proagdurgs Aot i12 u.S,C, Section 2801 et seq.} and !ts Implementing regulation, Rggt,lation X (24 C.F,R. Part 3600), ea they might be amended frcm time to tlrng, ar any addlfianal or successor lagfeiatlon or regulation that gavarns fire same subject matter. As used 1n this Security Instrument, °RESPA" refers to all requlramants and restrictions that era imposed in regard to a "fadgrgliy related mortBaga loan" even if the Laan does not qualify as a "federally related rrtortga@a Ioan" under RESPA. {P) 'SuccsesQr In interest of Borrowar~ organs any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrurtter~z. TRANSFER pF RIGHTS IN THE PROPERTY This Security instrument seautes to Candar~ p} the repayment of the Loan, and all renewals, extensions and modlffaatlons of the Note; f0) the performance of Eanower's covenants and agreements under this Security Instrument end the Note; and pit) the performance of sit i~e~~p~e4~~i ~ Papa 2 of 18 TO H$ &RG8ltD8D ~;{ i ~~~°G~~7~~ Jun-11-2001 03;32pm Fran- Y-634 P.001/036 F-602 03-6120-4b6372$6~-5 agreements of aorrower to pay fees and charges arising out of the Loan whether or not herein set forth. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in e.,mhPs]_a=.±d_ County, Pennsylvania: SFE I.BCAL D}SSCRIP7.'IQi'I ]ITTAG^FtED HPRSTO .A~iD NiAbB A PART HER80F which currently has the address of ~ ~ No~nm~nT'~4sx_srf~n I9ueati _~ALT,~r~_ , Pennsylvania _ ~~7 q {"Property Address"): tGtY1 lZlp cuudol TQat:TFIER VVt7Fl alt the improvements new or hareaft~ar erected on the property, and e!1 easements, eppuRanances, and fixtures new or hereafter a part of the property. All replacements and additions shaft also be covered by this Security Instrument, All of the foregaing la referred to in this Security instrument ea the "Property." t3pRROWEF9 G©VENANT3 that 1orrower is lawfully seised of rho estate hereby conveyed and has the right to grant end Gamey the Property and that the Property is unencumbered, except far encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any Qnournbrancse of record. T~tiS SECURITY 1NSTfiUMENT combines uniform covenants far national use and non-uniform Covenants with limited variations by jurisdiction to constitute a uniform security instrument Covering tea! property. UNIFpRM GOVENAN7S, 8orrawer and Lander covenant and agree sa follows: 1. Payment of Principal, interest, tiacrow itartss, Prepayment Cherg4a, and Leto Charges. Borrower shall pay when due the prinospal of, and tntarest on, 'the debt evidenced by the Nots and any prepayment charges and isle charges due under the Note. iorrower shall also pay funds for Escrow Items pursuant to $eation $. payrnenta due under the Nato and tills Security Instrument shall be made In I.I.S. currenoy, However, ff any cheek or other instrument received by Lender as payment under the Nota or this Seourity Inetrurnent Is returned to Lender unpaid, lender may require that any or all subsequent payments due under the Note and this Security Instrument ba made In one of more of the foifowing forms, as selected by Lender: {ai cash; {b) money order; {c) Certlflad check, bank check, treasurer's check or cashier's cheek, provided any such shack is drawn upon en institution whose deposits are Insured by a federal agency, lnstrumantality, or entity; or {d) Etectranio Funds Trwlafar. Payments era deemed received by Lsndar when received at rho tocaeion designated in the Note or at such other location as may be designated by Lsndar In accordance with the notice provisions in Section 16. !.ender may return any payment cr pertla! payment if the payment or partial payments are insufficient to bring the Lvdn current, Lander may accept any payment or ~~~~~A Paga 3 Ot 18 'TO 9$ ~~~~ ~~,{ ! G39~,2575 Jun-ii-2007 03:32pm Fron- i'-634 P.008/D38 F-602 03-6120-06637~b69-5 partial payment Insufficient to bring the Loan current, without waiver of any rights hereunder ar prejudice to its rights to refuse such payment ar partial payments in the future, but Lender is not obligattied to apply such payments st the time such payments era accepted. tf each Periodic Payment is applied as of its scheduled due date, then Lender Head Hat pay Interest oh unappllad funds. Lender may hold such unappiied funds until 8arrawer makes payment to brine the Laen currant. if Borrower daea not do so within a reasonable period of time. Lander shall either apply such funds or return them tc Borrower. If not applied ee:lier, Ruch funds tR~i9 ba applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which 8orrawer might have now or In the future against Lender snap relieve Borrower from making payments due under the Note and this Security Instrument ar performing the cavenanta and agteemartts secured by this Security In4trumer~ 2. ApppepHon of Ppymarrta ar proce~da. Except as otherwise described In this Section 2, all payments axepted and applied by Lender shell be applied in the following order of priority: {a} interest due under the Note; (b} principal due under the Note; {c} amounts due ender Section 3. Such payments shall be appl[ed m each Periodic Payment in the order in which Et became due. Any remaining amounts &hall be applied first to late charges, second io any ether amounts due under this Security Instrumerrt, end then to reduce the principal batanoe of the Note. if Lender receives a payment from Harrower for a de1'rnquent Periodic Payment which inrsludes a sufficient amount to pay any late charge due, the payment may be applied to the dalingnont paynwr~t dnd the loto eharpa. If rnora than ana p'nrioclia PayrMant Ga rnrtretan~n0. Lender may apply any payment received from Borrower to the repayment cf the Periodic Payments If. and to ihp extent that, aavh payrnert can bn geld In full. To the axmrn that any excaea exists after the payman't is applied to the full payment of one or more Petlodic Payments, such exoass may ba applied to any late charges due. Voluntary prepayments shall be applied filter to any prepayment charges and them as deacrr~ed in the Note. Any application of paymentar insurance proceeds, or Mlst:ellaneous Proceeds tD principal due under the Nota shall Hat extend or postpone the due data, or change the amaurrt, of the Periodic Paymer~. 3. Fonda far Earxaw karma. Borrower shalt p$y to Candor on the day Periodic Payments era due under the Nate, until the Note Is paid In full, a sum {the "Funds"} to provide for payment of amounts due fcr: {s1 taxes and ea8assmenta and other items which can attain priority over this Security instrument as a lien or enoumbranca of the Property; {bi leasehold payments or ground rents an the Property, if any; tc} premiums for any end all insurance required by Lender under Section s; and {d} Mortgage insurance premiums, If any, or any sums payable by Borrower to Lersder in lieu of the paymaM of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are catfed MF.scrow Items." At ariglnadon or et any time during the term of the Loan, Lender may require that Community Aseodatlon Haas, Fees, and Assessrnerlta, if any, be escrowed by Harrower, and suoh dues, fees and assesamenta shall be an Escrow Item. Sorrawar shall promptly furnish to Lender all notItxts of amaunta to be paid under this 5eotion. Harrower shat! pay Lender the Funds far Escrow Item8 untess Lender waives Borrower's obligation to pay the Funds for any ar 811 Escrow (tams. Lander may waive Borrowefs obligation to pay in Lender Funds for any ar all Escrow items at any time. Any such waiver may only be In writing. In the event of such waiver, Borrower shalt pay directly, when and where payable, the amounts dua for any F.acrow Items far which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to lender receipts evidencing suoh payment within such time period as Lender may requlra. Borrower's obpgation to make such 708-021 Pape 4 or 1 a ~ 98 it1[Ca1Tb1[D ~~ ! u~ ~:PG%676 Jun-il-200T 03:33pm From- T-634 P.009/036 F-002 03-6120-465372569-5 payments and io provide reaelpts shall for sif purposes be deemed to be a covenant end agreement contained in this Security Instrument, ea the phrase "covenant and agreement" is used in Section 8. If Borrower is obfgated to pay Estxow items directly, pursuant to a waiver, and Borrower fails #o pay the amount due fnr an i=scrow item, Lender may exercise Its rights under Section 9 and pay such amount and borrower shall then be obligated under Section a to repay to Lender any auah amount. Lender may revoke the waiver as to any or alt Esaraw Items at any time by a notice given in accordance with Saclion i5 and, upon such revocation, Borrower shalt pay to Lender all Fends, and fn suoh amounts, that era then required under this Section 3. Lender may, at any time, Collect and hold Funds in an amount (a) aufflcient to permit Lender to apply the Funds et the time spaaified under RESPA, and t6) net to exceed the maximum amount a tendor can require under ilESPA. Lander shall estimate rho amount of Funds due on the bests of current data and reasonable esdmastes of expenditures of future F.acraw itama or otherwise In accordanoe with Applicable LaW. The Funds shall be held in an institution whose deposits are Insured by a federal agency, instrumentellty, or entity tina[uding Lender, if Lander is an institution whose deposits era sa insured) ar in any Federal Home Loan Bank. Lander shall apply the Funds to pay the Escrow Items no later than the time spadfied under RESPA. Lender shalt not charge Borrower far holding and applying the Funds, annually analysing the esarow account, or verifying the F.earow Items, unless Lender pays Bortower interest on the Funds and Applicable Law perm(ts Lender to make such a charge. Unless an agraernant is made In writin8 or Applicable l.aw requires interest to be paid an the Funds, Lender shall not ba required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree In writing, however, that interest shall be paid on the Funds. Lender shall slue to borrower, without charge, an annual accourrting of the Ftmds as required by RESPA. If there is a surplus of Wnds held In escrow, as defined under RESPA, Lender shall account to Earrower for the excess funds (n accordance With REf3PA, If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shatl notify Borrower as required by RESPA, and Borrower shall pay to {,antler the amount necessary to make up the shortage !n e¢rorClanca whh RESPA, but in no more than twelve monthly payments. Et there Is a deficiency of Funds held in escrow, as tle~nad under FiteSPA, Lender shall notify Borrower as required by RESPA, and Borrower shalt pay to Lender the amount necessary to make vp the deficiency in accordance with RESPA, but in no more than twelve monthly payments. Upon payment In full of all sums secured by this Security instrument, Lander shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shah pay ail taxes, aasasamants, charges, fines, and Impasiticns sttrtbutable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, tf any, acrd Community Association lauas, Fees, and Assessments, if any. Yo the extent that these Iterrss ere Eaoraw Items, Borrower shah pay them in the manner provided In Section 3, Borrower shalt promptly dfacharge any lien which has priority war this Security instrument unless borrawvr: (ai agrees in writing to the payment of the obligation secured by the Ilan In a manner acceptable to Lender, but pnty so lone es Borrawar is performing such agreement; ibl contests the Ilan in gogd #aith by, or defends sgainat enforcement of the flan In, legal proceedings which In Leader`s opinion trperate to prevent the enforcement of the lien white those proceedings are pending, but only unfit suoh proceedings are concluded; or ic) secures PENNSYLVANIA "~ ~csa~J Page 6 of t a ro ea xsooxnsn ~~ 4 ~39PG~.677' Jun-11-2007 03:33pm From- T-534 P.010/036 F-602 03-4..7;0-0663?2569-5 from the haidar of the Iten an agrearnant sadafactory to Lender subordinating the lien to this Security Instrument. If Lender detemtiRea first any part of the F+roperty Is subject to a Iten which can attain priority over this Security instrument, Lender may give Borrower a notice identifying the Tian. Within 70 days of the date on which that notice is given, 8orrawar shall satisfy the lien ar take one or mare of the aetiana sat forth above in this Section 4. Lender may require Borrower to pay a one-time eharge far a rest estate tax verification and/ar reporting service used by Lender In connection with this Laan. 6. Property Insurance. Borrower ahaU keep the lmpravamertts now existing or hereafter erected on the Property insured against lose by lire, hazards inGuded within the farm 'extended coverage," and arty other hazards Including, but not limited ta, earthquakes and (loads, far which Lander requires inayrBnCa. This insurance steal! be maintained in the antqunts ~lncluding deductible levelai and ivr the periada that 1-ender requires. What Lender requires pursuant to the preceding serttencas can change during the term of the than. The Ihsuranco carsiar providing the insurance shall be chasan by Qorrowar subject to Lender's right xo disapprove Borrower's cholco, which right steal[ nett be exercised unreasonably. Lender may require Borrower to paY, in connection with this Loan, either: tai none-time charge for flood zone determination, aerdficatian and traeleing eeorvioas; or {b} o one-time charge fo- flood zone determination and aartifiratten sarviaea and subsequent charges each time ramappings or similar changes occur which reasonably might affect such determination or certification. Borrower ahatl also be responsible for the payment of any fees impnsad by the Federal Emergency ManeQemant Agenay in connection with the review nt any flood zone determinatian reauldng from an objection by Borrower, If Borrower fella to maintain any of the coverages descrilted above, Lender may obtain insurance coveraBa, at Lender's option and Borrower'9 expanse. !.ender 1s under no obllgetlon to purchase any particular tYpa or amount of caverapa. Lander may purohase suds insui'artce from ar through any company acceptable to Lgndar Inaluding, without Ilntitatlon, an affiliate of Lender, and Borrower aoknowledgea and agrees that Lender's afi~tilate may receive canaideradan fair such purchase. Therefore, such coverage shall over Lander, but might or might not protect 13arrower, Borrower's equity In the Progeny, or the contents of the ptaparty, against any risk, hazard or liabiftty and might provide greater or leaser coverage than wee previor:sty In affect. Borrower eoknowiadggs that the cast of the insurance coverage so obtained might aignlflcantiy exceed the cost of tnaurartoa that Borrower could have obtained, arty amounts disbursed by Lander under this Section 5 shall become addltianel debt of Borrower secured by this 5rtcurtty instrument, These amnunts shat) bear Irltetest at the Nate rate from the date of disbursement and shall be paysbJe, with such tntarasL upon natlce from Lender to Borrower requesting payment. All insurance pollctea required by Lender and renewals of such polkas steep be subject to Landers right to disapprove such policies, shag include a standard rriort$age clause, and steal! Hama Lender as mortgagee and/ar as an additional Ioea payeB. Lender aha0 have the right to hold the policies and ranewai cartlficates. tr Lender requires, Borrower steal! prantptly give to Lender all t,aceipta of paid premiums and renewal notices. if borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage tit, or destruction qf, the Property, such galley shall [nclude a standard mortgage clause and shell name Lender as mortgagee end/or as an additional loss payee. Borrower hereby absgkrtely end irravaaabty assigns to Lender ail of earrawer's right, title and interest En and to alt proceeds from any insurance policy twhathar or not the insurance pnlicy 7~-0N4 M6-0 A Pbb9 0 Of 7 9 7L'a HS Ra:CORn~D Q~t ~ u~~~~i~~~$ Jun-II-2007 03:34pn Fram- T-634 P.011/036 F-602 03-si2o~o6s3~a56s-5 was required by Lender) that era due, paid or payable with respect to any damage to such property, re8ardlesa of whether the insurance policy is astabllahad before, on or after the data of this Security instrument 13y absolutely and irrevocably assigning to Lender aft of Borrower's rights to receive any and ell proceeds from any insurance policy, Borrower hereby waives, to the fuq extant allowed by law, all of Borrower's rights to receive any and cif of such insurance praaeads, Borrower hereby absolutely and Irravocgbly assigns to Lender aii of Borrower's right, title and interest in and to (a} any and all claims, present and future, known or unknown, absolute or contingent, {b} any and aii causes of action. ic) any end alt judgments and settlements (whether through litigation, mediation, arbitration or otherwise}, (d) any and all funds sought against or from any party or parties who$oever, and {e} eny and all funds received or receivable in connection with any damage to such property, resuking from eny cause or causes whstaoover, inoluaing bur not Nmlted to, iantl subsltrance, landsllae, watdetorm, eertrtquaKe, tire, Hoop qr any ether cause. Borrower egress to execute, acknowledge d requested, artd deliver to Lander, andlor upon notice from Lender shall request any inauranpa agency yr company that has issued anY insurance policy to exsoute and deliver to Lender, arty additional tnatrumerrta or documents requested by [.ender from time tv tirrie to evidence aarrower's absolute and Irrevocable assignments set Earth irl this paragraph. in the avant of loss, Idprrowar shell give prompt nctioa to the ineuranaa carrier end Lender. Lender may make proof of lass if not made promptly by gorrowar. Unless Lander atld Harrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender. shall be 8pplfed to restoration ar repair of the Prgperty, {f the reatoretlan or repair !s economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shalt have the right to hold such Insurance proceeds until Fender has had art opportunity to Inspect such Property to ensure the work has bean oomplated to Lender's satlafactian, provided that such inspection eha[! be undertaken promptly. Lender may disburse prooeads for the rapaira and nestoration in a single payment ar in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such tnaucanca proceeds, Lender Shell not be required to pay Borrower arty interest of comings on such proceeds. Fees for pubpc adjusters, or outer third parties, retained by Borrower shell not be paid oui of the insurance proceeds and shall ba the sole obligation of Borrower, If the restoration or repair is not economically feasible or Lender's security would ba lessened, the insurance proceeds shall be applied to the sums secured by this Security instrument, whether ar not then due, with the excess, if eny, paid t4 Borrower. Such ineuranas proceeds shall ba applied in the order provided for in Sectio» 2. if Borrower abandons the Property, Lender may file, negotiate and settle any evaitabia insurance claim and related matters. if Borrower does not respond within 30 days to a notiae from Lander that the insurance carrier has. offered to settle a Beim, then Lander may negatieta and settle the claim. The 30-day period will pegln when the notice is given. In either event, or if Lender enquires the Property under 9aotian 22 or otherwise, Borrower hereby assigns to Lender {s) Borrower's rights to any insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this SeouritY Instrument, and Ib) any ether of Borrower's rights father than the right to any refund of unearned premiums paid by eortawer) under all Insurance policies covering the Property, insofar as such rights ere applicable to the coverage of the Property- Lender may use the insurance proceeds either to repair or restore the Property ai t0 pay amounts unpaid under the Nate or this Security instrument. whether or not then dun. NBYLVANIA 3aaa roea?~ Pepe 7 at T 9 T4 Ski k2ECa+ltD>~ aK 1 ~~9PG2579 Jun-11-2007 03:36pm From- T-634 P.012/030 F-602 o$-6x20-066372559-5 8. Occupancy. Borrower shall occupy, establish, end use the Property as borrower's principal residence within sixty days after the execution of this Security Instrument and 9hati continue to croupy the Property es Borrowers principal realdanse for at least ono year after the date of occupancy, unless Lender atherwtae agrees In writing, which consent shell not be unreasonably wIthhetd, ar unless extenuating ciraurnstances exist which are beyond Borrower's control. 7, Proservatton, Meintsnance And Protection of the Property; inepecilans. Borrower shat! not destroy, damage ar impair the Property, or remove or demolish any building thereon, allow the property to detericrete pr commit waste an the Property. YVhether or not Borrower is residing in the !'roperty, Borrower eheq maintain the Property In good condition and repair in order to prevent the Property from dateriprating or deaeasing in value due to its condition, tlnlesa it is determined pun3uant to Section 6 that repair or restoration is not eaonornically feasible, Sprrower shall promptly repair the Property 1n good and workmanpke manner if damogod so avow further uausrturnrivn ar aamage. tender ehatf- unless otherwise agreed in writing between Lender and Borrower, have the right to hold insurance or eandemnatton proceeds. If inawance ar condemnation proceeds ors paid in connactlon with demspe to, ar the taking of, the Property, Barrawar shall be rasponstbie for repsidng ar restoring the property only if Lender hag released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration !n a single payment or in a serie$ of progress payments as the work is completed. if the insurance or condamnatlon praceads are not sufficient to repair or restore the Property, Borrower lu not rafiaved of Borrower's obligation for the completion of such repair or restoration. Lander of its agent may make reasonable entries upon and inspections of the F'roparty. If it hug reasonable cause, Lender may inspect the interior of the impravamenta on the Property. Lauder shop givo Borrower notice at the time of or prlgr to sash an interior Inspsodon apaoifiying such reasonable causQ. Lender does not make any warranty or representation ragerding, and assumes no rasponsibpity for, the work done on the Property, and Borrower shall not have any right to rely in any way ott any inspectlan(s} by or for Lander or its agent. Borrower shaft be solely responsible for determining that the work is done in a gaud, #horaugh, efficient and workmanlike manner in accordance with all apppoable laws, Borrower shall (a) appear in and defend any sctton ar proceeding ptn'pardn9 to affect the security hereof, the Properly or the rights or powers of Lander; (b} at Lenttar's option, assign to Lender, to the extent ofi Lender's Interest, any alatrr-a, demands, or causes ofi action of any kind, and any award, court judgement, or proceeds of settlement ofi any suoh atefm, demand or cause of action of any kind which Borrower now has or may het'oafter aaqulra arising out of ar relating t4 any interest in the acqul8ition or ownership of file Property. Lender shat! not have any duty to olnitn, donsond or0eauao ofd uucnttdnrl8inguout Ot orratat1ln~ to any Interests in rthe e~cq~ulsi to C ownership of the Property may Include ql any such injury or damage to the Property Including without limit injury or darnege to any structure or improvement situated thereon, iii) or any claim or cause of fiction in favor of Borrower which adsas out of the transaction financed in whole or in part by the making cf the loan secured hereby, (Iii} e>'ty claim or cause of action in favor of Borrnwer (axoeDt for bodily IniUryi which ariap~ ao a rgatil! of e.,y na8lteo~.{ yr intanvym construction, Installetlan or repair of the property including without limit, any surface or subsurface thereof, or of any building or structure thereon or (ivy any proceeds of Insurance, whsther or not raqulred by Lender payable as a result of any damage m or otherwise relating to r~~ ~" Pape 8 of i B ~0 8a lt]tCOjtD~ ~r(f ci3~P~~~8O Jun-11-200T 03:36pm Fram- T-634 P.013/036 F-602 D3-620-066372569-5 'the property er any interest therein. Lender may apply, use or release such monies so received by it in the same manner as provided in Paragraph 6 for the proceeds of insurance. 13, Borrower's Loan Appl~ation. Borrower shall bS in default if, during the Loan application process, Borrower or any persons or ontlties acting at the direcdon of Horrower or with gotrower's knowledge or consent gave materially faille, misleading, cr Inaccurate information or statements to Lender {or failed to provide Lander with material informadon3 in aonneation with the Loan. Material r~prasentadans include, but are not limited to, representations conrerNng Satrowet's accupenay of the Ptopercy. as Borrower's principal residence. 9. Protection of Lender's lnfetbst in the Aroperty and Wghh Under thts Seeurily Instrument. tf (a) Borrower falls to pertorm the ,Covenants end agreements contained in this Security lrlstrument, (b) there is a legal proceeding that might aiOniftcantly effect Lenders interest in the Property and/or rights under this Socurlty Instrument (such as a proceeding in bdrtkruptcy, probate, for condemnation or forfeiture, for 9nforaameht of a (Ian which may attain priority over this Security Instrument or to enforce laws ar regulations), or tc) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect t.ender~s interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to; (a) paying any sums savored by a lien which has priority over this SSCUrIty Instrument; (b) appearing Ih court; and (v) paying reasonable attorneys fees to protSOt its Interest in the Property and/or rights under this Security instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the property to mrtke rapolrs, ohanee locks, replace or hoard up doors and windows, drain water from plpgS, eliminate building or other code violations or dangerous conditions, and have utilities lurn~gd on or off. Although Lander may take eatJgn under this Section &, Lender does not have to do so and is not under any duty or obligation to do so. it is agreed that Lender incurs no liability for not taking any or all actions authorized under this Sectivr+ 9. Any amounts disbursed by Lender ender this Section 8 shall become additional debt of Borrower Secured by this Security Instrument. These amounts obeli beer Interest at the Note rata from the date of disbursement end shall be payable, with such interest, upon votive from Lender tc torrower requesting payment. If this Security instrument is qn a leasehold, 13orrawer shell comply with all the pravlsions of the lease. if Borrower acquires fee title tp the Property, the leasehold and the fee title shall not merge unlace Lender agrees to the merger in writing. 7p. Mottgags irt~urance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shell pay the premiums required to maintain the Mortgage Insurance in effect. lf, for any reesort, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required tv make separately dasIgnatad payments tawatd the premiums for Mortgage Insurance, iorrower shall pay the premiums required to obtain coverage aubstantialiy equivalent to the Mortgage insurance previously in effagt, at a cast substantlaliy equivalent to the cost to Borrower of the Mortgage InSUtanca previously in effect, from an alternate mortgage insurer selected by tender, tF suhatantielly equivalent Mortgage Insurance voverage is not available, Borrower shall wntinue tO pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in affect. Lander will accept, use and raisin 792.94 {~08-0Z ~ Pnae s of to ro s$ ~Seoi~DlrD E~(I Q3 ~°G256 Jun-11-200T 03:36pm Frna- T-634 P.014/036 i:-602 U3-610»065372569-5 these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shalt be non-refundable. notwithstanding the feat that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower eny interest or earnings on such lass reserve, Lender can no longer require foss reserve payments if Mortgage Insurance coverage Cn the ahtaunt and for the period that Lander requires) pravjded by an insurer selected by Lender again becomes avaltebte, is obtained, and Lender requires aeparetefy designated payments toward the premiums for Mortgepe Insurance, If Lender required Mortgage Insurance ris s condition of making the Loan and Borrower was required to make separately deaignersd payments toward the premiums for Mortgage Insurance, Borrower shell pay the premiums required to maintain Mortgage Insurance in affect, or to nr~~fde 4 ~oR ~~•,aaara ~„aA ~aanrve, unul gender's ~equlremern for Mortgage insurance ends !n accordance with any written agreement between $orrowar and Lander providing for such termination or until termination IS raqulrad by Applicable Law. Noth(ng !n this 3eGtian '10 affsots Borrower's obtig8tion to pay interest at the rate provided in the Note, Mortgage Insurance reimburses Lander {ar any entity that purchases the loots) far certain losses h may Incur if >~orrawer does not repay tfie Loan as agreed. Borrower Is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance !n farce from lima to time, and may enter into agreemaltca with ether parties that share or inadlfy their risk, qr reduce 108698. These eeraem9nrs are on terms and conditions that are satisfactory to the mortgage insurer end the other party iar parties) to these agreements. These agreements fiey require the mortgage Insurer to make payments using any source of funds th9t the mortgage insurer may hflve available {which May includd funds obtained frgm Mortgage Insurance premiums), As a result of these agreements, Lender, any purchaser of the Noce, another insurer, any rslnsurer, any other entity, or any affiliate of any of the foregoing, may receive tdirecay or lndiragtly) amounts that derive from {or might be characterized as) a portion of 9orrawer's payments far Mortgage 1na4ranCe, in exchange far sharing or modifying the mortgage insurer's risk, or reducing lessee. If such sgreem6nt provides that en affiliate of Lender takes a share of the lesurar's risk !n exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: {ai Any atrch agreemante wW not effect the gmopnte that Borrower has agreed to pay for Mortgage Insurance, dr any other remit of rho Loan. Such agreements wN net [ncreeae the amount BorroW41' will owe far Mortgage lntursnce, and they wfi! nor arititls Bonower to any refund. {bl Any such agreements will not aif#aot the Nghdl Borrower ha: - If eny - whh respect t4 the Morrgaga lnauranas under the Horneawnara Protsctian Act of 1998 or any other few. 'Iiteas rights ntay include rho tight to racahro cenlain dlscbaurss, to raqueet end obtain cenceltetion of the Morrgiga in:wance, to hove the Mortgage lnturanCe tartninated atrtomatlically, and/t~ to receive a refund of eny 1Vlortgega tnauranca pretniuma #lta~t were unarmed at the time of such cancellation or tarsningtiQn, 71, Assignment of Mlacellaneoua Proceeds: For{ehure. Alf MiaCelianeous Proceeds are hereby aaeigned to and shell ba paid re Lender. !f the Property !s darneged, sUCh Mtecelianeous Rrooeeds obeli be applied co reataretion or repair of the property, if the r~toretion or repair is 9conomioally feasible and Lerxlar's security is not lessened. During such repair and rastoraHan period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity tq inspect such Property to PENNSYlVAN7A ~ ~-0~~ P~ae ;o or:s ro sa nacopnsa ~~~ 1 u3~f'~~f~$? Jun-11-2007 03:36pm From- T-b34 P.O16/036 F-602 D3-6120-066372569-5 ensure the Work has bean Completed to Lender's satisfaction, provided that such Enspection shall be undertaken prQmptty. Lender may pay for the repairs end restoration in a single disbursement ar In a series of progress payments as the work is completed. Unless an agreement 1s made in wrlUng or Applicable Law requires interest to ba paid an such Miscellaneous Proceeds, Lender shah net ba required to pay Borrower any lntarest of earnings on such MlscaliensDUS Proceeds. It the restoration or repair is not economically feasible ar Lender's security would be lessened, the Miscellaneous Proceeds shelf ba applied to the sums scoured by this Security Instrument, whether or not then due, with tttp excess, if any, paid to Borrower. Such Miscellaneous Proceeds shed be applied in the order provided for In seotlon Z- In the avant of a total taking, destruction, or lose in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Beautify Instrument, whether or not then due, with the excess, (f arty, paid to Borrower. in the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediate{y before the parties taking, destruction, ar lose In value Is equal to or greater than the amount of the some secured by this Security instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall ba reduced by th+s amount of th9 Mtaceileneaus Prpoeads multiplied by the following frscdon: (a} the total amount of the sums aecµrad immediately before the partaa! taking, destruction, or loss in value divided by (b} the fair market Value of the Property fmmedlately before the partial taking, destruction, or loss in value. Aray balance shall be paid to 8ortower. in the event of a partial taking, destruativn, or {oss in value of the Property in which the fair market value of the Property immadiaiteiy before the partial taking, destruction, or loss in value is lass than the amount of the spins secured immediately before t}le partial taking, dosuucdnr~, or loss in value, unless Borrower end Lender otherwise agree In writing, the Miscellaneous Proceeds shall be appped to fire sums seaurad by this Security Instrument whether or net the sums are then due. If the Property is abandoned by f3arrawar, or if, after notice by Lander to Harrower that the Opposing Party (as defined in the next sentence} offers to make an award to settle a alarm for damages, Harrower fails to respond to Lender within 30 days after the date the notice is given, Lender Is authorized to coileat and apply the Miaoatfaneous Proceeds either to restoration or repair of the Property or to the soma secured by ibis Security Instrument, whether or not then due. "opposing Party means the third parry that owes Borrower Miscellaneous Proceeds or the party against whom Horrawer has A right of action in regard to Miscellaneous Proceeds. Horrawer shall be in default if any action or proceeding, whether civil ar crlrninel, is begun that, in Lender's judgement, could reauft In forfeiture of the PropeRy or other materiel impairmenx of Lender's interest in the Property or rights Under this Security Instrumene. 6ortower can cure such a default end. if acceleration has occurred, reinstate es provided !n 5eatlon 79, by Causing the action or praCeeding to be dlamisaed with a ruling that in Lender's judgement, precludes forfeiture of the Property or other mati9rlsl irnpalnttant of Lender's Interest in the Property ar rights under this Security Instrument. The proceeds of any award ar claim for damages that are attributable to the Impairment of Lender`s interest in the Property are hereby assigned and shah ba paid to Lender All MlscellaneoUS >''roceede that are not applied to restoration or repair of the Property shall bs applied In the order provided for In Section 2. r~"e'w~s ~'" Page 1 t er t s 7ro sa srl3co>zasa wt 1 E3 ~PG2583 Jun-I1-2007 03:37pm From- T-534 P.016/036 F-602 03-6Y2O-O6fi3725fi9-5 12. Barrow~rr Nat Relesaed; Farbeerance ey !.soda Nat a Walver. 'Phis Security Instrwr-errt cannot ba changed ar modified exaept as otherwise provided herein at by agreement in writing signed by garrawer, or any Successor In interest to Borrower and lender. Extension of the rime far payment or modiflaetion of emartizedon of the sums eeaured by this Seauriry Instrument granted by Lender to lorrower or any Successor in Intarost of Borrower shall oat operate to release the yebility of Borrower pr any Successor in Mterest of Borrower. !.ender shall not ba required to commence proceedm8a egalnst any Sucoesaar in interest of Harrower or to refuse to extend tlma for payment or otherwise modify amortizadon of the some secured by this Beautify instrument by reason of any demand made by the ariglnal Borrower or any Successors iA Ir>tgrest Of BDrroWer. p-r1Y forbearance by i.ehda in exerciain9 any right or remedy inaluding, without Ilmitadon, lender's acceptance of prllyments from third persons, entities or Succassora in Interest of Borrower or in amounts less than the amount than due, shall not be a waiver of or preclude the exeralse of any right or remedy, No waiver by Lender of any right under this 5scurity Instrument shell he effecdve unless to writing. Walver by Lender of any right granted to Lender under this Security Instrument or of any prnvislan of this Security Instrument ao to any transaction ar occurrence shall nos be deemed a waiver as to any future transaction or occurrence. 13. Jahst and Several I.IebiRty; Ca-slgn8rat gWCOesaor; ~d Assigr~ Bourwi. Borrower covenants and agrees filet Borrower's abllgedona and liability shell be joint and several. However, any 13arrower who cosigns thts Seaurhy instrument but does not axe¢ute the Note fa "~19ner'); (e~ is co-signing this Security Instrument only to mortpspe, Brant and convey the oosignars interest in the Property under the terms of this Seourirty Instrument; {b) is not pereoneily obligated to pay the sums secured by this Security instrument? end (a) sprees that I.ertder and any other Borrower aan agree to extend, modify, forbear or melee any accomtnodadona with regard to fire term8 of this Security Ineuvment or the Note Without the co-gigna's oansenL Subject to the previsions of S$adon qg, ~,y gu~,x in interest of Borrower who assumes 13otrower's obligations under dils Secc-rity Ir~svumant in writing, and Is approved by 4ender, shall obtain all of eorrawar's riehta and benefits under this Security Instrument. Borrower shah not be released from Borrower's obNgations and liability under this Security Insviumait unless Lander agrees to such release lil writing. 'Rie covenants and agraamsrns of this Security Inatrurrisnt ahali hind (except es provided in Seatian 20) and benefit the succassora and signs of Lender. 9a i.,e.r, ~h..~oo. ~+~der mot ~narde aarrowar tees rot sarvlag9 performed in conneadon with Borrower's default, for the pui'pO86 of protecting Lender's iritarest In the Property and rights under this 5eaurity Inetrtiment, including, bur oat limited to, attorneys' teas, property inspection and valuation fees. Borrower shelf pay auah other charges as Caroler may deem reasonable for services rendered by Lender and fumtshad at the request of Borrower, any Successor 1n interest to Botrowet or arty spent of Borrower. in regard to any oihar fees, the absence of express authority M this Security Inettumerrt to oiiaree a specific fee to t3orrawer shall not be construed as a prohibhlon an the aherging of such fee. Lender may not Charge Ease That are expressly prohibited by thla Security Inatrumerit ar by Applicable Law. If the Lean is subject to a law which sets maximum lean oF-agea, and that law is finally interpreted so that the interest or other loan charges caileated or to ba collected in connection with the Laan exceed the permitted limits, then; (a) any gray Ivan oharg~e ahali be reduced by the amount necessary to reduce the charge to the permitted limit; and ib) any soma already collected from eon'cvvar which exceeded permitted limits will be refunded to Borrower. Lender may ahaose err e Pegs iZ of 1a ~0 HS B.7iCa~tD>m ~i~ ~ u3~'~u:~~~~ Wells Fargo i-tome Mortgage P.O. iiox 1225 Charlotte, NC 28201-1225 May 7, 2007 RYAN J RICH 15 N MIDDLESEX RD CARLISLE PA 17013 a~~i~i~iid~iw~ae~iii~ ~~oo ,o~, ,~oo ~.a~ 1,3, 00774fi/936Aat91 RI:: Wells Fargo Home Mortgage Loan Number 0663725695 Mortgagor(s): Ryan J. Mich Mortgaged Premises: Carl sle PA 11701Rd. The (717) 7$0-1869). ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM MOR' able 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTIN LIAR VIVIENDO EN SU CASA. Si NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA 'I'RADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCiA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL COAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HTPOTECA. FORECLOSURE EXtF~81T .8• HOMEOWNER'S NAMES}: R.y~RJ Rich PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Car isle, PA 17013 0663725695 WELLS FARGO BANK, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT" ), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. y L --Under the Act, you are entitled to a temporary stay 0 orec osure on your mortgage or t itty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TF;iS l~"FETING MUST OCCLIR ~yJ1')~NIN THl;. NEXT _._ _ _-___. -.. .~... r...~,w ~~l~TT/'+A!'•i` ACCiCTAATf'L VnTI nselin aggencies listed at the e thirty~30) days after the date meeting. Advise your s meeting. If you meet with lender may NOT ,1[. is only necessary to sc your intentions. of the consumer credit action against you one ~' FOR ~ E -Your mortgage is in default for the reasons effort ater in t ih s Notice see o owing pages or specific information about the nature of your default.) If yyou have tried and arc unable to resolve this problem with the lender, you have the right to apQQly for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. "l.o do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Ap lication 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 submittin a complete application to the Pennsylvania Housing Finance Agency: Your application MU~ be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU M>;ZS.T FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH 1N THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ~ •7261936 --Available funds for emergency mortggage assistance arc very limited. They wil! e is urse y t e Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decisionggafter it receives our application. During that time~foroth above UYourwtill be ~ot fled d~ectlyeby thae Pcrinsylvama HousingtFinancce requirements set Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUI''TCY THE FOLLOWING PART OF TH[S NOTICE IS FOR INFORMATION PURPOSES OI~iLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (lf you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW T4 CURE YOUR MORTGAGE DEFAULT Brin it u to date . THE DEFAILL~T_- -The MORTGAGE debt held by the above lender on your property ocate at: IS SERIOUSLY iN Et~AULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2 461 80 March 2007 MaK20 7 Other charges (explain/itemize); Late Char es 9.94 Other tees (if applicabble) - 0.00 us ense Amount TOTAL AMOUNT PAST DUE: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION 13 THF. nF.FAi II .T - -You may cure the default within THIRTY (30) DAYS of the date oft is notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ z,s19.84~ PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30~ DAY PERIOD. Pa menu must be made either b cash cashier's check, certified check or money or er made payable an sent to: WELLS FARGO HOME MORTGAGE 1 HOME CAMPUS X2501-01 H DES MOINES, IOWA 50328 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: [F YOU DO NOT CURE THE DEFAULT - - If you do. not cure the default within "1"H1K~1 Y (:iU) 1)AYJ o t e ate o t ~s once, t e en er ~nten s to exerase its ri hts to accelerate the mot ~a a debbt. This means that the entire outstan ing a.ance o t is e t w~ a cons ere ue imme gate y an you may lose the chance to pay the mort a e ~n monthly insta]Iments. If full payment of the total amount past due is not made within THIRT~ ~30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose u on our mort a ed ro er IF THE MORTGAGE I5 FORECLOSED UPON - -The mortgaged property will be sold by the Sheriff to pay o t e mortgage a t. teen er re ers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against~ou yyou will still be required to pay the reasonable attorney's fees that were actually incurred, up to SO.bO. However, if legal proceedings are started against you, ou will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed 50.00. Any attorney's fees will be added to the amount you owe the lender which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAB period, you OTHER LENDER REMEDIES - -The lender may also sue you personally for the unpaid principal a ancc an a of er sums ue under the mortgage. - ~ 007726/936 ALE _- If you have not cured the default nngs gave begun, yo~stil_ I have ~thc right will-restore your mortgage to the FARLiECT POSSIBLF SH RiFF'S SA .F. D TE -- It is estimated that the earliest date that such a Sheriff's Saie of the mortgaged property could be held would be approximately six (G) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contact-ng the lender. mort a~ e..Curin~ your a au t in the manner set same pos~t~on as ~f you had never defaulted. Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wells Fargo Homc Mortgage 3476 Stateview Boulevard Fort Mill, SC 29715 1-SOU-766-0987 803-396-GU63 Clarice Townsend -- 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 furmshmgs and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE --You may or may not sell or transfer your home to a uycr or trans eree w o w~ assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage arc satisfied. YOU MAY ALSO HAVE THE RIGHT: • OR TO BORROW MONhY FROM ANOTHER LENll NG INST TUT ON TO PAY OFBT THIS DEBT. • TO HAVE THIS DEFAULT CUREll BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO llEFAULT THIS RIGHT TO G~UREOYOUR DEFAULTEMORE TTI~AON THREE'T,MESIN ANYHAVE CALENDAR YEAR.} • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. . ` PROGRAM CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717)762-3285 (717) 541-1757 FAX# (717) 541-4670 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 PAX# (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX# (717) 234-2227 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243-3818 FAX# (717) 731-9589 Adams County Housing Authority 139-143 Carltsle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 The Pennsylvania Housing Finance Agency can be rcached'1'OLL FREE at 1 (800) 342-2397. 1 Wells cargo Homc Mortgage P.O. Box 1225 Charlotte, NC 28201-1225 May 7, 2007 RYAN J RICH 3 FARM HOUSE LANE CARLISLE PA 17013 GdIIIgINII~~ld~lplnll@p „oo ~o~, ,.oo ~,o~ .~., 007726/93fiAct91 RE: Wells Fargo Home Mortgage Loan Number 0663725695 Mortgagor(s): Ryan J. Rich Mortgaged Premises: 15 N. Middlesex Rd. Carlisle, PA 17013 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE ASSIST to LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRiBA. 1'UEDES SER ELEGIBLE PARA UN PRESTAMO POR EL 1'ROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 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 Ivcal bar association may be able to help you find a lawyer. ~ -- HOMEOWNER'S NAME(S): RX~7 Rich PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: ~~~ Ab'ii~lnen~r Rr~ Carlisle, PA 17013 0663725695 WELLS FARGO BANK, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. of foreclosure on your mortgage ror tm~ you must arrange and attend a "face-to• agencies listed at the end of_this Notice. ns~a envies listed at the end thirryg(3(~ days after the date of meeting. Advise your - Under the Act, you are entitled to a temporary stay f0) days from the date of this Notice. During that time " meeting with one of the consumer credit counsel~ng~ meeting. If you meet with lender may NOT ,~.L is only necessary to your intentions. of the consumer credit action against you ones-face Al'~Ll('ATION FO i MORTGAGE ASSISTANCE --Your mortgage is in default for the reasons set tort ater in t ~s Notice (see o owing pages for specific information about the nature of your default.) If ynu have tried and are unable to resolve this problem with the lender, you have the right to apppl~y for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, yyou must fill out, sign and file a completed Homeowner's Emergency Assistance Program Ap l~ication 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 ~n subm~ttin a complete application to the Pennsylvania Housing Finance Agency: Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MI,J~.T FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR 1F 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. •725/938 -- Available funds for emergency mortggage assistance are very limited. They will e is urse y t ie Agency under the eligibility criteria establ-shed by. the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decisiongg after it receives our appluation. During that time, no forecVOSUYopr~u.jl bye not fied d pectly byathae Pennsylvania HovusingtFinancee requirements set forth abo Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES O1~iLY 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). - -The MORTGAGE debt held by the above lender on your property at: IS SERIOUSLY IN DEFAULT- because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: ~~ 4~~ so TRF THF. I~F.FAI ILT- -You may cure the default within THIRTY (30 llAYS of the date o t is notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 2.5]9.84 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME llUE DURING THE THIRTY (30~ DAY PERIOD. Pa ments must be made either b cash cashier's check, certified check or money or er made payable an sent to: WELLS FARGO HOME MORTGAGE 1 HOME CAMPUS X2501-O1H DES MOINES, IOWA 50328 You can cure any other default by taking the following action within THIRTY (30} DAYS of the date of this letter: IF YOU DO NOT CURE THE DEFAULT - - If you do not cure the default within THIRTY {30) DAYS o t e ate o t is once, e en er mten s to exercise its ri hts to accelerate the mo a e debbt. This means that the entire outstan mg a ance o t ~s e t wi a cons ere ue ~mme late y an you may lost the chance to pay the mortg~a a in monthly installments. If full payment of the total amount past due is not made within THIRTY ~30) UAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uaon vour mortgaged proverty. IF THE MORTGAGE IS FORECLOSED UPON - -The mortgaged property will be sold by the Sheriff to pay o t e mortgage a t. teen er re ers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings againstyou you will still be required to pay the reasonable attorney's fees that were actually incurred, u to $SO.bO. However, if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAB' period, you OTHER LENDER REMEDIES - -The lender may also sue you personally for the unpaid principal a ance an a of er sums ue under the mortgage. >3. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION "' ~ 007725l93fi if you have not cured the default ave begun, you still have the right Sheriff's ~aie ass ecuicu ,~~ W~~~,~. - .~ ~..~ .~..-_- --- mort~age. urine your a au t in t e manner set ort m t is notice wi restore your mortgage to e same position as if you had never defaulted. EARLiFST POSSIBI E S F {FF'S SALE DA'Z -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the out atOany fume exactly wh t the required payment orl action will be by con acting the lendeou may find Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wells Fargo Home Mortgage 3476 Statev~ew Boulevard Fort Mill, SC 29715 1-800-766-0987 803-396-6063 Clarice Townsend FFFF.[:T OF S EH_RIFP'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 furmsh~ngs and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may or may not sell or transfer your home to a uyer or trans eree w o w~ assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE llEBT OK 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 1F NO DEFAULT TH S RIGHT TO CsUItE0Y0UR DEFAULT MOR TI-~AON~THRE~TIMESDIN ANYHAVE CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK i'ROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOW CONSUMER CREDIT COUNSELING AGENCIES PROGRAM C MgERLAND COUNTY CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717} 762-3285 FAX# (717) 541-4670 Urban Lcague of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717} 234-5925 PAX# (717) 234-9459 Community Action Commission of the Capital Region 1514 Dcrry Strect Harrisburg, PA 17104 (717)232-9757 FAX# (717) 234-2227 YWCA of Carlisle 301 G Street Carlisle, PA 17013 {717)243-3818 FAX# {717) 731-9589 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717)334-1518 FAX (717) 334-8326 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 {800) 342-2397. ,•~`~ I1ana lion, esquire hereby states that she is the Attorne f action y or the Plaintiff in this that she is authorized to make this 'Verification as the Fla' jurisdiction of the Court and plaintiff's v Miff is outside the erihcation could not be obtained within the time necessary to file this pleading, and that the statements made in the Mortgage Foreclosure are true and correct to the foregoing Complaint in best of her knowledge, information and belief. The undersigned understands that this statement herein i of IS Pa. C. S. Sec. 4904 relat ~ s made subject to the penalties ing to unsworn falsification to authorities. SHAPIRO & KREISMAN BY: ~. ' . IIana Zion, e Attorney, for I 'tiff Dhted: ~DI ~~ I~ a 1 ~ v ~ ~ ~ C? ``~ p __ -_.J ( __ '_'~ G ,' _. i'1 - 1 , 1'., ' .~._ ~:.; _, -~ i~ . ;. SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIIZE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRNE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29540 Wells Fargo Bank, N.A. PLAINTIFF VS. Ryan J. Rich DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-3674 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & KREISMAN, LLC BY: Ilana Zion, Esquir Attorney for Plain ' DATED: ~ -~j' (`)~ 4. . _ ~. CERTIFICATE OF SERVICE I, Ilana Zion, Esquire, hereby certify that on ~ ~ - (~~ I served a true and correct copy of the within Praecipe to Settle, Discontinue and End upon the following parties via first class mail, postage prepaid: Ryan 3. Rich 3 Farmhouse Lane Carlisle, PA 17013 SHAPIRO & KREISMAN, LLC i BY: Ilana Zion, Esq it Attorney for Plai iff ~ ,.'' t> ~ ~ --~ - _ r ~ - -,~ r - _;~ ~: :_ ~ ., c~ , ._ '~- ~~, + ~ ~ I', s : ~p ~ ~ h SHERIFF'S RETURN - REGULAR CASE N0: 2007-03674 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A vs RICH RYAN J ET AL RONALD HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon OCCUPANT the DEFENDANT at 2044:00 HOURS, on the 28th day of June 2007 at 15 NORTH MIDDLESEX ROAD CARLISLE, PA 17013 by handing to BARBARA FRESCATORE, OCCUPANT a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 ~Ibala1 ~- ~ 20.80 Sworn and Subscibed to before me this day of , So Answers: ~" r~ ~l,+/ / }~ ~~rov .~ R. Thomas Kline 06/29/2007 SHAPIRO & KREISMAN By: Deputy eriff A.D. ... SHERIFF'S RETURN - REGULAR r ' CASE NO: 2007-03674 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK N A VS RICH RYAN J ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RICH RYAN J the DEFENDANT at 1020:00 HOURS, on the 28th day of June at 3 FARM HOUSE LANE CARLISLE, PA 17013 by handing to RYAN RICH a true and attested copy of COMPLAINT - MORT FORE So Answers: ~ ~' ., ~` ~'~ R. Thomas Kline 06/29/2007 SHAPIRO & KREIS BY~ ~ and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 CY,b~tJtl'7 ~.., 32.80 Sworn and Subscibed to before me this day of , together with eputy Sheritt A.D. 2007