HomeMy WebLinkAbout07-4785
V
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES,
Plaintiff,
Vs.
JAMES CLISHAM, III,
Defendant.
Civil Division - ~bit~'
CASE NO.:
FCI NATIONAL LENDER SERVICES
Code No. Q7- ~~8'~ cI v~~
COMPLAINT IN CIVIL ACTION
Counsel of Record for this Parry:
Filed on Behalf of Plaintiff:
Noah Paul Fardo
Pa. I.D. # 83848
Shawn T. Flaherty
PA I.D. #43697
FLAHERTY FARDO, LLC
Firm # 527
5541 Walnut Street
Pittsburgh, PA 15232
Telephone No.: 412-802-6666
Facsimile No.: 412-802-6667
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES,
Civil Division -~
Plaintiff,
Vs.
JAMES CLISHAM, III,
Defendant.
CASE NO.: 6 7.. ,c{ 7~ c ~ v r ~ -}-ecµ-
Code No.
COMPLAINT IN CIVIL ACTION
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following papers, you must take action within twenty (20) days after the Complaint and Notice
are served by entering a written appearance personally or by an 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 claims 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 OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP:
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES,
Civil Division ~-~
Plaintiff,
Vs.
CASE NO.: ~ 7 " ~{ 7 ~,~ c a v: ~ -f-cr~-
Code No.
JAMES CLISHAM, III, COMPLAINT IN CIVIL ACTION
Defendant.
COMPLAINT
AND NOW comes the Plaintiff, FCI National Lender Services, by and through its
undersigned counsel and files the following Complaint against Defendant, James Clisham, III,
and in support thereof avers as follows:
Parties
1. Plaintiff, FCI National Lender Services, ("FCI") is a limited liability corporation,
whose address is 8180 E. Kaiser Boulevard, Anaheim Hills, CA 92808.
2. FCI is in the business of purchasing collectable loans from credit companies.
3. Defendant James T. Clisham, III, resides in the Commonwealth of Pennsylvania
with a principal residence at 235 Market Street, New Cumberland, PA 17070.
Factual Background
4. On or about March 12, 1999, Defendant entered into a written mortgage
agreement with Public Savings Bank totaling $31,920.00.
5. Shortly thereafter, the loan was transferred to FCI National Fund II, LLC.
6. Shortly after the Note was signed and entered into, Defendant, in direct breach of
the Note, failed to adhere to the terms of the Note by failing to make the scheduled monthly loan
payments.
COUNTI
BREACH OF CONTRACT
FCI NATIONAL LENDER SERVICES vs JAMES T. CLISHAM III
7. Paragraphs 1 through 6 are incorporated by reference as if fully set forth herein.
8. Defendant was party to an enforceable contractual obligation, whereby Defendant
agreed to make regular specified monthly payments for monies owed.
9. Thereafter, funds were delivered to Defendant and Defendant accepted the funds
for his own gain pursuant to the contract (All relevant documents are attached hereto as Exhibit
«A»
)•
10. Despite demands from Plaintiff, Defendant failed to make payments on the loan
as stated in the Agreement.
11. Defendant's failure to pay Plaintiff in the amounts agreed upon by the parties, as
stated in the Agreement, constitutes a breach of contract by Defendant.
12. To date, Defendant has failed to make any payment of the amounts owed to
Plaintiff.
13. As a result of the foregoing breach of contract, FCI has sustained damages,
generally and particularly in an amount including, but not limited to $47,226.74 plus attorney
fees and costs of the action.
14. Defendant is liable to FCI for all of the damages flowing from Defendant's breach
of contact.
WHEREFORE, FCI requests that judgment be entered in its favor and against
Defendant in a minimum amount of $47,226.74, together with attorney fees, interest, costs of
court, and such other and further relief as this Court may deem just and appropriate.
COUNT II
UNJUST ENRICHMENT
PLEAD IN THE ALTERNATIVE
FCI NATIONAL LENDER SERVICES vs JAMES T. CLISHAM III
15. Paragraphs 1 through 14 are incorporated by reference as if fully set forth herein.
16. Defendant was loaned monies for the benefit of the defendant.
17. Defendant obtained the benefit and the use of Plaintiff's monies for his own
benefit and gain.
18. Defendant has refused on the demand of Plaintiff to pay Plaintiff for the loan
rendered.
19. Defendant owes Plaintiff monies in the amount of $47,226.74 for the monies
loaned and received. Plaintiff demands attorney fees, costs of the action, and the maximum
interest allowed by the state of Pennsylvania.
WHEREFORE, FCI requests that judgment be entered in its favor and against
Defendant in a minimum amount of $47,226.74, together with attorney fees, interest, costs of
court, and such other and further relief as this Court may deem just and appropriate.
Submitted,
X ~~
Dated: V , 2pp7 By.
NO~~I PAUL
Counsel for Pl in '
FCI National Fund II, LLC
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES,
Civil Division -
Plaintiff,
Vs.
JAMES CLISHAM, III,
Defendant.
CASE NO.:
Code No.
COMPLAINT IN CIVIL ACTION
VERIFICATION
I, Noah Paul Fardo, Esq., aver that the statements contained in the attached Complaint in
Civil Action are true and correct to the best of my information, knowledge and belief, and are
made subject to the penalties of 18 Pa. Cons. Stat. Ann. § 4904
falsification to authorities.
unsworn
Dated: ~_ ~ , 2007
Record) Requested by and Retarn to: ~~/~t/~
vESt/~~ ~,Iv07(ic~;SrEF~
~~fJODCFi~ .. ~~RPaRATE CENj~
11ti~ Nt':.;DCRE ROAD
~"f"r.QRYHt~ ^~.Inlto~•=
PIN # 09 068-0~",~'
MN ~` 06410783
Tracking #1:0007299522
Tracking #2: 7'P5014 PA
ASSIGNMENT OF MORTGAGE
Know that EMC MORTGAGE CORPORATION, a Delaware corporation with a business address of
2780 Lake Vista Drive, Lewisville, TX 75067, ~q~~r„ for value received and other good and valuably
consideration paid by FCI NATIONAL FUND II, LLC, a limited liability corporation, whose address is 8180 E.
Kaiser Boulevard, Anaheim Hills, CA 92808, "Assignee°, the receipt and sufficiency of which is hereby
aclmowledged, the Assignor does hereby grant, bargain, sell, assign, transfer and convey unto the Assignee the
following dcscn'bed MORTGAGE, duly recorded in the office of real property rcrnrds in the County of
DAUPHIN, State of PENNSYLVANIA, together with the rode
and the monies due and to grow due thereon with ifie interest, as follbu~~ w ligation described in said instrument,
MORT .er;nurrnr irrnn ,TAMES T. CLISHAM III
MORT AlSFC/QCUrenn~~ r PLBLIC SAVINGS BANI{UYD LISA M. CLISHAM
DATE OF MORT't•srE/DEEDOFTRU T 3/12/1999
RE_ CORtLED•
3/1 VOLUrygE/BOOK PAG,_E/Fnt.tn
3355 55
PROPERTY ADDRESC 1155 14TH ST, HARRISBURG, PA 17104
The °nderstgned ~Y certifies that the precise Ad ofAssignee is:
8180 E. Kaiser Boukvatd
Anaheim Hills, CA 92808 By_
AMOCtt~!T• 531,920.00
To have and to hold the same unto the Assignee, and to the successors, legal representatives and
assigns of the Assignee forever.
This Assigttmalt is made without recourse to Assignor and without *epresetttadofl or watrattty by Assignor.
express or implied
IN WITNESS WHEREOF, the Assignor has hereunto set its hand this 24th day of October, 2005, but
effective this 21 st day of October, 2005.
to Presence of: - • ~ t,
~' ~~'vd"
Wttrtess l: D. sues
Witness . M. Bradley
State of
EMC MORTGAGE C RATION
By:
Catherine C. Fe
Its: Senior Vice Prcsi
NEW JERSEY
County of UNION
The undetstgned, a notary public in and for above-said County and State, does hereby aclatowledge that Catherine
C. Fetner, Senior Vice President for EMC MORTGAGE CORPORATION personally apps before me this
~Y. and being by me duly swum, says that s/he, being informed of the contents, voluntarily executed the foregoing
and annexed irtstrutnertt for and on behalf of such entity.
WETNESS my hand a~ otLcial seal, this 24th day of October, 2005.
My Commission Expires: 12/18/07
Mlehde R Mojar
Notary hWiq State of Nn. Jersey
No. =zntzo Notary Public: Michele jar
Qualified la UaNa County
Commixdou Expires December 1$ 2007
This document was prepared by Marileen D. Bradley, Hanover Capital Partners Ltd.
Post Office BOX 3980, Edison, NJ 08818-3980 -Phone; (732) 393-3033 Fax: (732) 572.5959
Tacking #1:0007299522
Tracking #2: TP5014
PA
LEGAL DESCRIPTION
ALL THAT CERTAIN LOT OF LAND SITUATE IN THE NINTH WARD OF THE
CITY OF HARRISBURG, DAUPHIN COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST SIDE OF 14TH STREET, ONE HUNDRED AND THREE
(103) FEET SOUTH OF TBE SOiJTHEAST CORNER OF 14~ AND VERNON
STREETS AT TAE SOUTHERN LINE OF A THREE (3) FEET WIDE ALLEY;
THENCE EASTWARDLY ALONG SAID ALLEY EIGHTY-EIGHT (SS) FEET SIX (6)
INCHES TO ANOTHER THREE (3) FEET WIDE PRIVATE ALLEY; THENCE
SOiJTHWARDLY ALONG SAID LAST MENTIONED ALLEY SII~I'EEN (16) FEET TO
THENCE WF,STWARDLY
LINE OF LAND NOW OR LATE OF J.H. HOLTON;
ALONG SAID LAND EIl"rHTY-IIGHT (88) FEET SIX (6) INCHES TO 14~ STREET;
THENCE NORTH ALONG 14~ STREET SIXTEEN (16) FEET TO THE PLACE OF
BEGINNIIVG.
HAVING THEREON ERBCrED HOUSE NO.115 SOUTH 14~ STREET.
WITH THE USE OF THE ABOVE-MENTIONED PRIVATE ALLEY IN COMMON
WITH OTHER PROPERTIES ABUTTING THEREON.
UNDER AND SUBJECT TO EASEMENTS, COVENANTS, RESERVATIONS,
RESTRICTIONS AND RIGHT-OF-WAYS OF RECORD.
Recording Requested by and Return to: `~ ` `~
vE, TAC ,;;~ SRF-iuFER (5~'
`t~~'+aDC^~''-".ORE- `k'-~CE'~
PIN $ 09-068 ~03b~~
MJU d 06010783
Tracking#1:0007299522 Tracktns#2: SUPR
Traekingtl3: TP5014 Tracklagtl4: PCI State: PA
MeraID:
ASSIGNMENT OF MORTGAGE
Know that LaSalle Bank Nations! Association FICA LaSalle National Bank, In Its Capadty As
Trustee Under That Certain Pooling And ServiMng Agreement Dated Juae 1,1999 Between LaSalle National
Aasceiatlon As Trustee And SnpeMor Baak FSB, As Depositor And Servicer, AFC Mortgage Loan Asset
Backed Certificates, Series 1999-2, And Any Amendments Tkereto, with a busutevs address of c% EMC
MORTGAGE CORPORATION, 2780 Lake Vista Drivo, Lewisville, TX 75067,'~Atslgnor", for value received and
outer good and valuable consideration paid by EMC MORTGAGE CORPORATION, a a Delaware corporation,
whose address is 2780 Lake Vista Drive, Lewisville, TX 75067, `Assignee^, the receipt and sufficiency of which is
hereby acimowledged, the Assignor does hereby grant, bargain, se11, assign. transfer and convey unto the Assignee
the following described MORTGAGE, duly recorded in the office of heal property records in the County of
DAUPHIN, State of PENNSYLVANIA, together with the indehtedness or obligation described in said instrument,
and the monies due and to grow due thereon with the interact, as follows;
MORTGA OR/'rRUSTOR• JAMES T. CLISHAM III AND LISA M. CL[SHAM
MORTGA .RFIRFMROrrARY public Savings Sank, A r
ennsvlyt?nia Corporat~.on
DATE OF MORTCAG /SEED Qg •IR~T 03/12/99
F U D- A~[OUNT• S ~~
DATE VOt I nuRmnr,v $31 , 920, On
03/15/99 ~"•- PAGE/FOi in
3355 O55
PROPERTY nneFee• I15S 14TH ST, HARRISBURG, PA 17104
The undersigned hereby certifies that the precise Address of Assigrice is:
2780 Lake Vista Drive
Lewisville, TX 75067 By;
To have and to hold the same unto the Assignee, and to the successors, legal representatives and
assigns of the Assigttce forever.
This Assignment is made without recourse to Assignor and without representation or warranty by Assignor,
express or implied
IN WITNESS WHEREOF, the Assignor has hereunto set its hand this 28th day ofJuly, 2006, but effective
this 19th day of August, 2004,
In Presence of:
~~~
w pres,9 pt ,t.latnes
Witness 2: M. o'
LaSalle Bank National Association FICA LaSaUe National
Bank, In Ifs Capacity As Trustee Under Tbat Certain
Pooltag And Servicing Agreement Dated June 1,1999
Between I.aSslle National Associatlon As Trustee And
Superior Bank FSB, Aa Depositor And Servicer, AFC
Mortgage Loan Aaet Backed Certificates, Series 1999-2,
And Any Amendments Thereto
By Its Attorneyin_ ct MC Mortgage Corporation
By:
Catherine C.
Its: Sr. Vice President
Power of Attorney recorded on 02/28/03 in Dauphin County,
PA in Book 4773 at Page 496.
State of NEW JERSEY
County of MIDDLESEX
The undersigned, a notary public in and for above-said County and State, does hereby acknowledge that Catherine
C. Fetner, Sr. Vice President of EMC Mortgage Corporatlon who is named Attorney-in-Fact for LaSalle
Bank National Assoclatlon FICA LaSalle National Beak, to Its Capacity As Trustee Under That Certain
Pooling And Servicing Agreement Dated Jrne 1, 1999 Between LaSalle Natlosal Association As Trustee And
Superior Bank FSB, As Depositor And Servicer, AFC Mortgage Loan Asset Backed Cert[fcates, Serlea 1999_
2, And Any Amendmentr+ Thereto (Acrnrding to a Power of Attorney), personally appeared before me this day,
and being by me duly sworn, says that s/he is the authorized Atrorney.in-Fact for LaSalle Bank National
Associatlon FICA LaSalle National Bank, In Its Capacity As Trustee Under That Certain Pooling And
Servicing Agreement Dated Jnne 1, 1999 Between LaSalle National Associatlon As Trustee And Superior
Bank FSB, As Depositor And Servicer, AFC Mortgage Loan Asset Backed Certlficates, Series 1999-2 And
AnY Amendments Tbereto (According to a Power of Afteraeyl, being informed of the contents, voluntarily
executed the foregoing and amtexed instrument for and on behalf of such entity.
WITNESS my band and official seal, this 28th day ofJuly, 2006.
My Commission Expiraa: 07/18/11
1Narileen D. nradley
Plotary 1'uMk, State of New Jersei
No.22770ai
Qualified io Middlexex Coraty
Cowarhxios Expires Jaly Ira VIII l
This document was ~`~"'~
Post Offtce BOX 3980, EdialsonYNJa088183980 aPhone: (732) 393- 0133 rt Fax {732) 572-5959
Tracking #1: 0007299522
Tracking #2: FCI
PA
LEGAL DESCRIPTION
ALL TART CERTAIN LOT OF LAND SITUATE IN THE NINTH WARD OF THE
CITY OF HARRISBURG. DAUPHIIV COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGIIVNING ON THE EAST SIDE OF 14TH STREET, ONE HUNDRED AND TEIREE
(103) FEET SOUTH OF TAE SOUTHEAST CORNER OF 14~ AND VERNON
STREETS AT THE SOUTHERN LINE OF A THREE (3) FEET WIDE ALLEY;
THENCE EASTVVARDLY ALONG SAID ALLEY IIGATY-IIGAT (88) FEET SIX (6)
INCHES TO ANOTHER THREE (3) FEET WIDE PRIVATE ALLEY; THENCE
SOUTHWARDLY ALONG SAID LAST MENTIONID ALLEY SIILTEEN (16) FEET TO
LINE OF LAND NOW OR LATE OF J.Ii. HOLTON; THENCE WESTWARDLY
ALONG SAID LAND EIGHTY-EIGHT (88) FEET SIIL (6) INCHES TO 14~ STREET;
THENCE NORTH ALONG 14~ STREET SIXTEEN (16) FEET TO THE PLACE OF
BEGINNING.
HAVIIVG THEREON ERTCTED HOUSE NO.115 SOUTH 14~ STREET
WITH THE USE OF THE ABOVE-MENTIONED PRIVATE ALLEY IN COMMON
WITH OTHER PROPERTIES ABUTTING THEREON.
UNDER AND SUBJECT TO EASEMENTS, COVENANTS, RESERVATIONS,
RESTRICTIONS AND RIGHT-OF-WAYS OF RECORD.
l~
This instrument prepared by and
After recording, please rerun te:
Hanover Capital Ptutners Ltd.
100 Melxrplex Drive -Ste. 301
Edison, N10R817
',~~"CEIVED
?COl JUt - i o 3.06
ICE
!^^i^I^II^1^I^II `""' ~~ :~ ..:. HIS
• 0 0 0 1 f t 9 r tt • a Y t• •
Loan No» 0801G65720 Segi1: PENNSYLVANIA
Investor No.: 242 EMC#: 7299522
AS3/QNMENT OF MORT~OAOE AND OTNlR LOAN DOCI/MDN7'S
THE FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as CONSERVATOR for
SUPERIOR FEDERAL BANK, FSB whose addtas is 1776 F Street, N.W., Washington, D.C. 20429 ('Assignor'),
in convection with that cerlaia Purchase and Sale Agreement between Assignor and EMC Mortgage Corporation,
whose address is 909 Ridden Ridge Drive, Suite 200, Irving, Texas 75038 ("EMC"), dated as of Iararary 22, 2002
(the 'Sale AgreemenC), and is consideration of Ten Dollars (310.00) a~ other good and valuable consideration paid
by EMC, hereby grants, assigns, sells, transfers, acts over, conveys and quitchrims, etl'ective as of December 31,
toot, to LaSalle Bank National Association (-Assiguee'-, formerly known as LaSalle National Bank,
in its capacity as trastee under that certain Pooling and Servicing Agreement dated June 1,
1999 between LaSalle National Association, as Trustee, and Superior Bank FSB, as
Depositor and Servicer, AFC Mortgage Loan Asset Backed Certi[icates, Series 1999-2, and
any amendments thereto, whose address is CIO EMC Mortgage Corporation, 909 Hidden Ridge Drive, Suite
200, Irving, TX 75038, and Assignee's successors and assigns, without recourse, and without representation or
watranry, whether express, irrrplied or created by operation of law, the following:
I . that certain MORTGAGE rtxorded 3/15/99, as Inshtuttern Number 10344 in
Book/VohurrJLiber/Register/Ree13355, at Page/Fo~o S5, amotrg dte !acrd necotds of DAUPAIN
Couory, PA, from JAMES T CLISHAM III, orrower to PUBLIC SAVINGS BANK,
I-ender as amrnded or modified (the "Mortgage"), which MORTGAGE secures that certain
promissory rate dated 3/12/99 in the anaunt of $31,920.00; and
2. such other docmnenis, agreements, insttvmertts and odter collateral that evidence, secure or otherwise
relate to Assignor's right, title; or interest in and to the Mortgage and/or the Note, including without
limitation dre title itt~ruartce policies and hazard insurance policies that might ptwerrdy be in effect
City of HARRISBURG
PROPERTY ADDRESS: 115 SOUTH 14TH STREET, HARRISBURG, PA 17104
IEI690,~~N,I~:fpWEiN~
--- ----- -- ---
~.499BF4 421
TO HAVE AND TO HOLD unto Assignee and its successors and assigns forever.
IN WITNESS WHEREOF, Assignor has caused this Assignment to be executed and delivered by its duly
authorized attorney-in-fact as of this March 21, 2002.
FEDERAL DEPOSIT INSURANCE CORPORATION, in its
Witness ] : capacity as CONSERVATOR for SUPERIOR FEDERAL
BANK, FSB
By:
Witness 1: K. E Name: 1.
Title: -in-Fact
By ertain Lirmt Power ofAttorney recorded jp~IWINtN
c~tY. ~_ on in book t! 4410 . Page QS i-
Inst.
The undersigned hereby certifies that the precise Address of Assignee is:
LaSalle Bank National Association, as Trustee
c% EMC Mortgage Corporation
909 Hidden Ridge Drive -Suite 200
Irving, Texas 75038 gy;
ACKNOWLEDGMENT
State of NEW JERSEY )
ss.
County of UNION )
The undersigned, a notary public in and for above-said County and State, does hereby acknowledge that J. Mizerak,
Attorney-in-Fact for FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as
CONSERVATOR for SUPERIOR FEDERAL BANK, FSB, personally appeared before me this day, end being
by rn duly swoon, says that s(he, being informed of the contents, voluntarily executed the foregoing and annexed
instnmrent for and on behalf of such entity.
WITNESS my hand and official seal, this March 2l, 2002.
DONNA M. GRAVES _ /
C~~l~~Q/J~i(y
Notary Pa61ic, State of New Jersey Dona M. Graves
No. 2217136 Notary Public
Qualified in Union County My commission expires August 27, 2003
Cownisaion Expires
Au
ust 27
2003 ,~~
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Loan No.: 0801ti65720 Seq#:
Investor No.: 242 EMC#:
Ut3U1665720 7299522
I VIII fIIII IIiII III N~ III ulll U~ MINI III IIII
7299522
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PENNSYLVANIA
61{4998PG
422
JOINDER
FEDERAL DEPOSIT INSURANCE CORPORATION in its capacity as Receiver for SUPERIOR BANK
FSB, predecessor-in-interest ro Assignor with respect ro the above-referenced Irnhtnr>ent, hereby grants, assigns,
alts, transfers, uts over, conveys and quitclairt~a to Assignee arty and all interest it may have in the abowreferenced
Instrnment, and hereby joim in the assigmnemt and conveyance of the Instrument to Assignee, without repreuntadon
or warranty, whether express, implied or created by operation of law.
FEDERAL DEPOSIT INSURANCE CORPORATION, in its
capacity as RECEIVER fw SUPERIOR BANK, FSB~E
lii0tsaaor>ntntwxsi;;+Nilta,rutl~ue+uiay B
!.~.~atpanq. m d±viakr. st 5frper&.r Bagk w S'~! Na . Mizenk
T' e: Attorney-in-Fact
By that ~ Limited over of Attorney recorded ~Q/}l1/~drN
county, /'/f' on 0 Lm book ~O ,Page
Inst.
ACKNOWLEDGMENT
State of NEW JERSEY )
ss.
County of ANION )
The undersigned, a notary public in and for above-said County and State, does hereby acknowledge that d. Mizerak,
Attorney-in-FaM for FEDERAL DEPOSIT INSURANCE CORPORATION, in its capacity as RECEIVER
for SUPERIOR BANK, FSB, personally appeared before me this day, and being by me duly sworn, says that slhe,
being informed of the contents, voluntarily executed the foregoing and annexed instrument for and on behalf of such
entity.
WITNESS my hand and official seal, this March 21, 2002.
DONNA M. GRAVES
Notary Public, State of New Jersey
No. 2217136
Qualified in Union County
Commission Esphres
August 27, 2003
/~A~iV
Doru~a M. Graves
Notary Public
My commission expires August 27, 2003
Loan No.: 0801665720 Seq#: PENNSYLVANIA
Investor No.: 242 EMC#: 7299522
Ut3U'1 titi5llU 71y951Z
i~wvw~~r~pn~,ewi
BK4998PG x+23
ASSIGNMENT CHAIN
As Assigned
From: PUBLIC SAVINGS BANK
To: ALLIANCE FUNDING ( Gor~^ PAn y
Recording Information:
DATE BOOK PAGE iNST.#
9/20/99 3511 213
Loan No.: 0801666720 Seq#: PENNSYLVANIA
Investor lYo.: 242 EMC#; 7299522
UtlUl665T2U ]289533
I~EN,I,EI6,pI1M0~'~I
B!l4998PG 424
1 i~_- -.
i) 1 t/
PLEASE DO NOT RECORD WfTHOUT MISERTNIO MORTOAOE BOOK AND PAGE ?
ASSIGNMENT OF MORTGAGE
IIUfOW ALL MEN BY THESE PRE46NTB. Nu Puhlk Sarinp Bad[
a Corporation organized and existing order the laws of the CormrtonwealN of Penesylvania, for and in consideration of the sum of One Dolhr,
bwful morey of dte Unitod Spores of Atreria, and other goad and vaNable wnidention, ro it in hand Pid by
Arhnce Funding, A Division of SuperMr
wiUt iq principal offitx at
Bank, FSB,1900 Rkter Road
Mechavicaburg, PA 17155
hercirefaer referred to as ASSIGNEE, at or before the ensealitrg and delivery of rhea prerems, the receipt wlteteof is hereby ackttowkdgtd,
has granted, lmrgained, sold, assigned, mmkrred and set over, and by tlrese ptaeras does gnu, bargain, sell, assign, ton a set over
u id ASS! am iu sucaesson aM assigru, all mat certain Indenosrc of Mortgage covering prcmixs siaure in Ute of
Coanry of DAUPHIN ,end Sgtc of PA.
BRING known as 115 SOUTI ITH ST'REET', HAARLSBURG, PA 17101
PARCEU/: 1
dined all t orated wtJl l ~~in me O1~t of the Registrar, Ckrk or Recorder of Deeds, DAUPHIN Coanry, in Mortgage
Book ~ ,Page ()~i maw and extorted by
JAMES T. CLI3HAM Ill
LISA M. CLISHAM
hercireRer referred ro as MORTGAGOR, to said Publk Savkrgs Bank ,in Ne principal sum of
=J1,920.Op payable with ituercst an the unpaid balance at the rate of 10.1500096 per antum, in monthly ingllments as Nercin noted.
TOGE1t83R witb the Heredipmenrs and Premises in and by the said lndenntrc of Mortgage particularly describai and granted, or mendotted
old inended so ro be, wbh the appurtenances, and the Bond or Obligatan in the said Irdennrc of Mortgage tnentarxd and thereby intended
ro be secured, and ell monies due std ro grow dot tlrercon, and all iu esgte, right, rule, itaercst, property, claim end demand in and ro the same.
TO HAVE and to hoW tM same vino the ASSIGNEE and its swx<eswrs and assign, so iq and Urcir proper ux, benefit and behoof forever,
subject, nevenhekss, ltt tlK equity of redemption of said MORTGAGOR in said Indetmrrc of Mortgage mined, and she heirs, executors,
administmm~, successors and assigru of raid MORTGAGOR therein.
AND IT, the said Public SavirrBr Bank ,dues hereby covenant, promise and agree to and wWt tla; said ASSIGNEE that drerc
is now due and owing upon the said bond orobligadon and Mortgage, the sum of naney hercinabove specified as the principal sum due thereon,
with interest at Ne rate specified hercirebove.
1N Wl'1'N6S5 WHEREOF, the said Publk Savings Bank
to be duly ezeurted by iu proper officers Nis 12 day
oPMareb, 1f99
(SEAL)
has caused its corporate seal w be harem affixed and these prcsetvs
JEFFERY E. GATTER, PRB.SIDFJVT
Poblk Sevkip Bank
ATTEST
f
Prepared By:
KRISTEN D. HBNDRICICS N
~7I LIVEZEY, SECRETARYfTREASURER
/hereby cusifj The cortzM addnas
oJfhe Assignee is:
Bank, FS .490@~R' er Road
Mecha abtrrg, PA 7~
JEFFER , G D
IF CHEC[iED BELOW, THE FOLLOWING STATEM1>ENT APPLIES TO THIS FORTGAGE LOAN:
(] NOTICE: This is a Mortgage subject to special rule under Urc Federal Tttrth•In•Lending Act. Putdwurs or Assignees
of Nis Mortgage could be liable for all claims and tkfsnm win respect to the Mortgage that the burrower could risen
againu the ercdvor.
Bf(3 51 ~ PG 213
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COMMONWEALTH OF PENNSYLVANLI ) ; ~ ~,~ ~ ~ ~_
COlIN7'Y OP MONTGOMI3AY 1
ON THIS, the 12 day of March, 1999 baforc me, a Notary Public for die Commornvalth of Pennsylvania, residutg in the County
of Montgomery, the under signal Officer, persotnlly apparcd
JEf•FERY E. GAITER. PRESIDENT ~' ~~ i sQ ~4uV 1P1 bS ~Jt.l~
and
JOSEPHLIVEZEY,SECRETARYrI'REASURER~ Pl~li~~1[SC1y1116S
known ro nx or satisfacrorily proven ro be the person whose comes are subscribed ro the within instrument, and acknowledged that they sighed. ~11 ~
W with dx corputax seal and delivered the same as such offken, and drat dx wimin insrtument is the volunmry set and deed of such
corporation, for dx uus and purposes therein ezprcssed, pursrunt m a resolution of the Bosh of Directors of said corporatnn.
In wimess whereof t have hereutrw act my land and o~ciol seal.
I IC
Atuta khrla ~r~,~,~~~
llppr Motrt4rW Tap„ MorttOpntaty C'am'
-~yOaraNMlott Etpaa July 2$ 200p
~n°°r• wroepwrw Appplrptt a Mdlatkia
RECORD AND RETURN TO:
Public Savings Back
23011 Computer Avenue Suite H-42
Willow Grove, PA 19090
I hereby CERTIFY that this docLimertt Is
r~~orcMd in the Recorder's Oltice of
Dauphin County, Pennsylvania.
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Philip spttefi
Recorder of Oeetle
81(3 5 I I PG 21 ~
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aerl:lvl:
WHEN .RECO~ED MAIL T0: ~ ~"!tFtCEitS t)i ; ,
PUBLIC SAVINGS BANK ~ifiR'~ 3 03 PH'JJ'
2300 COMPUTER iVENUE, #H-42
WILLOW GROVE, PENNSYLVANIA 19090 '~~.~
~ ~~ ~~ ;
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(SP.ea ~. >m Loe Fee RseordrS Duval
LOAN NO.: 08016657j0ti ~1 The tezma of this Loan contain
MORTGAGE p111olonoFaymenthatiMatunr~iutyre a
' THIS MORTGAGE ("Securit~ htatrumenC) is given on BMaARCH 12, •1999
The mortgagor is JAMES T. CLISHAM II AND LISA M. CLISHAM
:~ it
,
l ("Borrower").
f This Security I~trument is given to PUBLIC SAVINGS BANK, A PENNSYLVANIA CORP RATION
which is organized and existing under the laws of PENNSYLVANIA
and whose address is 2300 COMPUTER AVENUE, IIH-42, WILIAW GROVE, PENNSYLVANIA 191090 ,
1 ("Lender") .
Borrower owes Lender the principal sum of THIRTY-ONE THOUSAND NINE HUNDRED TWENTY
AND NO/100 Doliars(U.S. S 31, 920.0,0 ).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for
monthly paymenu, with the full debt, if not paid earlier, due and payable on MARCH 12 , 2014
. This Security Inttrmument secures to Leader: (a) the repayment of the debt evidenced
by the Note, with interest, and all renewals, extensions aDd Dlodifit~tittas of the Note; (b) the payment of all other earns,
with interest, advanced under paragraph 7 to protest the aecur;ty of this Security Instrument; and (c) Ule performatlce of
Borrower's covenants and agreernenta under this Security Itutnratent and the Note. For this Purpose, Borrower does hereby
mortgage, grant and convey to Lender the following described property located in DAUPHIN County,
' Pennsylvania: l
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF
i
which has We address of. 115 SOUTH 14TH STREET, HARRISBURG
Penns Ivania 17104 t ~ tsacal { { tciyl
Y ~ ~ ("Property Addtess");
[ZIP CaJa1
PIiNNSYLVANIA -Single Family - FNMA/PtII~NC UNIFORM INSTRIIM6NT Form J039 9190
NMl27aLJAe asaaa.f law -aplMf i i
1~#
~ 9K33SSPi~ USS
TOGETHER W1TH all the improvements now or 6ereat'ter erected on the property, and all easements,
appurtenances, hod fuuute now or hereafter a part of the property. All replacements and additions shall also be covered by
this Security [nutmeat. All of the foregoing is referred to i'n this Secatri ~ lttstrtttnatt as the "Property."
BORROWER COVENANTS that Borrower is Iawtitlly seised of the estate hereby conveyed and has the right to
mortgage, granE and convey the Property and that the Property is tttteacutnbaed, exa:pt for encumbrances of record.
. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
rncumbrances of rewrd. ~ 4t
. i ~
THIS SECURITY INSTRUMENT wmbina ttnifarm covenants for aationaf use and non-uniform covenants with
limited variatio ~ by jurisdiction to wtutintte a uaiforta security instrotnmt covering real property.
.UNIFORM COVENANTS. Borrower and Lender covenant and agree a follows:
1. Pa of PYtudpttl sad Ltterat; PrtpaYtomt and Llte Charga. Borrower shall protttptly pay what due
the principal ott~rutd interest on the debt evidenced by the Nwe and any prepayment sad late charges due under the Notc.
2. FYmeb for Tara and Iaaunace. Subject to applicable w or to a written waiver by Lender, Borrower shall
pay to Lender on the day atonthly payments are due under the Note, ~til the Note is paid in full, a sum {'Funds") for: (a)
yearly taxes and assessments which rosy strata priority over this Secwity Ltstrument as a lien on the Property; (b) Yearly
leasehold paytr-wts or ground rents on the Property, if any; (c) Yearly hazard or property insurance premiums; (d) yearly
flood insurance premiums, if any; (e) ly mortgage insurance pretniutas, if any; std (f) any salsa payable by Borrower
to l.ettder, in accordance witlt the provi on} of paragraph 8, to lieu of the paymau of mortgage insurance ~mniums. These
item are called `Escrow Items.! Lead may, at say bate, wiled ar-d hold Funds in an amount not to ex the maximum
amount a lender for a federally related tttortgage loan may require for Borrower's escrow accowtt under a federal Real
Estate Sealettteat Procedures Ac(of 1974 as tittteaded from time to time. l2 U.S.C. Section 2601 et stq (' A"), unless
another law that applies to the Funds acts a lesser amount. If ro, Leader may, at any time, wllect sad hold Funds in an
amount not to atceed the lesser amount. Lender may estimate the amount of Funds due on the basis of currrnt data sad
reasonable estimate of expenditures of future Escrow Items or otherwise in tttxordance with applicable law.
The Fund shall be held in an insdtutionwhosc deposits are insured by a fakrat agency, inswmeataliry, or entity
(including Leader, If Lender is such as iastimtioa)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay
the Escrow Itetai.~lender may not charge Borrower for holding and applying the Funds, amtually analyzing the escrow
account, or verifying the Escrow Items, unless Leader pays Borrower imercst on the Funds and applicable law permits
Lender to stake such a charge..However, Leader may require Borrower~to pay acne-time charge for an ~ndependrnt real
estate tax reporting service uud by Lader in waaection with this lose, unless applicable law provides otherwise. Unless
an agreettteat~tttade or applicable law requires interest to be paid, Leader shall not be required to pay Borrower any
interest or ea ga on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the
Funds. Leader shall give to Borrower, without charge, an annual acwuating of the Ftttds, ahowiag credits and debits to the
Funds and the purpose for which each debit to the Funds was made, The Funds are pledged as additional security for all
sums secured this Security Iasttutttent.
if the utx)s held by Lender exceed the arrtounta pertttitted to be held by applicable law, Lander shall account to
Borrower for the excess Funds is acwrdaace with the requirements of applicable law. If the atttount of the Funds held by
Lender at any time is not sufficient to pay the Escrow Items when due, Lender tray so notify Borrower in writing, sod, in
such case Borrpwer shall pay Leader the amount necessary to make up the deficiency. Borrower shall make up the
deficiency in tto more Than twe~ve mom4ly payments, at Leader's role discretion.
Upon payrrlent in full pf all sums scoured by this Security ins[rttntem, Lender shall promptly refund to Borrower
any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition
or sale of the Property, shall apply any Funds held by Lrnder at the time of acquisition or sale as a credit against the sums
secured by this Security Instrument.
3. Application of Payrttmts. Unless applicable law provides otherwise, all payments received by Lender under
paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable wader
paragraph 2; third, to interest due; fourth, to principal due; and last, to say late charges due under the Note.
} ;
PENNSYLVANIA - Sinak Family - ITIMAIFHI.MC UNIFORM lNS1RIIMFM Form 30)9 9190
NN72A1-319/ r+ia 2 K 7
91(3355r'is 555
j ~~
4. Charges; L.leas. Borrows shall pay ail faxes, assessments, charges, fines and impositions utributable to the
Property which may utain priority over this Setxuity Instrument, sad leasehold payn[en1s or ground rents, if any. Borrower
shall pay these obligations is the matuter provided in paragrapb 2, or if not paid in that tttaaner, Borrower shall pay them
on time directly to the person owed payment. Borrower shall promptly famish to Leader all notices of amonnts to be paid
under this paragraph. If Borrower makes these payments directly, Borrower shall promptly fiunish to Lender receipts
evidencing the paymrnn. ,
Borrower shall Promptly discharge any lien which has priority over this Security htswment untcss Borrower: (a)
agrees in writing to the payment of the obBgat[on stuxrrcd by the liw is a manner acceptable to Lender; (b) wntests in good
faith the lien by. to defends against eaforoeotent of the lien in, legal proceedings which is the larder's opinion operate to
prevent the eaforcen[ent of the lien; or (ej secures from the holder of the lien an agreement satisfactory to Laukr subor-
dinatingthe lien to this Security Instrument. If Larder determines thu any pan of the Property is subject to a lirn which may
attain priority over this Seextrity Instrument, Lender may give Borrower a notice Identifying the lien. Borrower shall satisfy
the lien or tape one or more of the actions set forth above within 10 days of the giving of notice.
5. Harard or Property Ltsurance. Borrower shall kcep the iarprovernents now existing or herFafter erected on the
Property insured against lou by fire, hazards fncltrded within the rem[ "extended coverage" and any other hazards, including
hoods or flooding, for which Lender requires iasuram. 'Ibis insurance shall be maintained in the amounts and for the
periods that Linder requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may,
at Lrnder's option, obtain coverage to protect Lender's rights in the Properly in acrnrdaace with paragraph 7.
All insurance policks and ra[etvals shall lx actxpcable to Lender and shut t~lude a standard awrtgage clause.
Lender shall have the right to hold the policies sad renewals. If Larder requires, Borrower shut promptly give to Lender
all receipts of paid premiums and ratewu tuxices. In the event of loss, Borrower shall give prompt notice to the insurance
carrier and Lender. Lender may make proof of loss if not trestle promptly by Borrower.
Unless Laufer and Borrower otherwise agree h writing, insurance proceeds shall be applied to etstoration or repair
of the Property damaged, if the restoration or repair is economically feasible and Lendu's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened. the insurance proceeds shall be
applied to the st[rrts secnred by this Sectrity Instrument, whether or not then due, with any excel paid to Borrower. [f
Borrower abandons ti[e Property, or does not answer within 30 days a notice from Larder tha[ the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore
the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when
the notice is given.
Unless Laukr and Borrower otherwise agree in writing, any appliex[ioa of proceeds to princlpu shall not extrnd
or postpone the due date of the rnoathly payrtaytts referred to in paragraphs I and 2 or change the amount of the paymems.
If under paragraph 2l the Property is acquired by L.ender, BorroweCs right to any insunmce policies and proceeds resulting
from damage to the Property prior to the atxprisition shall pass to Lender to the extent of the sums secured by this Security
Instrument itnrttediately prior to the acquisition.
G. Ocatpancy, Preservatlay Mainttmnce end Prottxtiem of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's prfncipu residence within sixty days after
the execution of this Security losuttment std shall continue Io occupy the Properly as Borrower's principu residence for at
least one year after the due of occupancy, utdess Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extennuing circumstances exist which arc beyond Borrower's tbntrol. Borrower shall not
desuoy, damage or impair the Property, allow the Properly to dneriorate, or commit waste on the Property. Borrower shall
be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in L.erder's good faith judgment
could result in forfeiture of the Property or otherwise materially impair the lirn created by this Security Instrument or
Lender's security interest. Borrower may cure such a default and reinstau, as prov'teled in paragraph 1g, by causing the
action or proceeding to lx dismissed with a rating that, in Lender's good faith detem[ination, precludes forfeiture of the
Borrower's interest in the Property or outer material impalmrnt of the lien created by this Security Instrument or Lender's
security interest. Borrower shah also be is default if Borrower, during the loan application process, gave materially false
or inaccurate inforatatitm or statements to Leader (or tailed to provide [.ender with any material information) in connection
with the loan evlda-ced by the Note, including, but sot limited to, representations mnceming Borrower's tx:cupaacy of the
Property as a ptietelpu residence. If this Security Instromau !s 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 ttxrga in writing. i ,
PENNSYLVANIA • Sinak Fam0y - FNMAlFttIMC UNIFORM INS77[UMENT Form 7039 9190
t,wmm~vn sy. ~ a ~
DK3355P1 057
7. Prrotectioa of Leader's Rights 1n the Property. If Borrower fails to perform the covenants and agreements
contained in thin Security Instrument. or there is a legal pttxxeding that tray significantly affect Lender's rights is the
Property (such as a proceeding in bankruptcy, probate, for condetrmation or forfeiture or to enforce laws or rcgulatioas),
then Lender may do and pay for whatever is Y to protest the value of the Property and Lender's rights in the
Property. Lender's actions may include paying any sums secured by a list which has priority over this Security Instrument,
appearing in court, paying reasormbk attorneys' fns and eatt:ring on the Property to stake repairs. Although Leader tttsy
take action tinder this paragraph 7, leader does trot have to do so.
My errtounts disbursed by Lender under thin paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payntem, these amounts shall bear iaurest from
the date of disbursement at the Nae rau sad shall be payable, with interest, upon notice from Lender to Borrower requesting
paytnrnt. 1
8. Mortgage Imwrtaace. If [.ender required mortgage insurance as a condition of malting the loan secured by this
Security Inatrttrtreat, Borrower shall pay the premiums required to maintain rite mortgage iasurattce in el7ect. If, for any
reason, the mortgage insurance coverage required by Leader lapses or ceases to be is effect, Borrower shall pay the
premiums required to obtain coverage subatantiatly equivaknl t0 the mortgage insurance previously in effect, at a cat
substantially equivalem to the cost ro Borrower of the mortgage insurance previously in effxt, from an alternate mortgage
insurer approved by Lender. If substantially equivalent mortgage ittstttance coverage is not available, Borrower shall pay
to Lender each month a sum equal to ono-twelfth of the yearly mortgage ittsurarta premium being paid by Borrower when
the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these paytttrnts as a loss reserve
in lieu of mortgage insurance. Loss reserve paymaus may no longer be required, at the option of Lender, if mortgage
insurance coverage (in the arttount trod for the period that Leader requires) provided by an insurer approved by Lender again
be~rotttes available a~ is obtained. Borrower shall pay the prenriumc required to maintain mortgage insurance in effect, or
to provide a loss reserve, until the requirement for trrortgage insurance tu-ds in atxptdatrce with any written agreeatrnt
between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may main reasonable entries upon and inapectioaa of the Property. Lender shell
give Borrower notice at the time of or prior to an inspection specifying rasoaable cause for the inspeaioa.
10. Condemnation. 'Ihe proceeds of any award or claim for damages, direct or ~ronsegttrntial, in connection with
any condemnation or other fairing of any part of the Property, or for conveyartce in lieu of condemnation, are hereby
assigned and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with nay enoess paid to Borrower. In the event of a partial taking of the Property in
which the fair starker value of the Property imtnediauly before the taking is equal to or grcaur than the amount of the sums
setarrM by this Savrity Instrument iatrttediately before the taking, unless Borrower sad Lender otherwise agree in writing,
the sums secured by this Security Inatrumem shall be «dtxxd by the amount of the proceeds multiplied by the tbllowing
fraction: (a) the fatal amotuu of the starts secured itttrnediately before the taking, divided by (b) the fair market value of the
Property immediuely before the taking. Any balance shall be paid to Borrower. In dre event of a panial taking of the
Property io which the fair trtarket value of the Property imtttediauly before the taking is less than the amount of the sums
secured immediately before the tatting, unless Borrower and Lender otherwise agree is writing or unless applicable law
otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrtunem whether or trot the sums
are then due.
` If the Property is abandoned by Borrower, or lf, after rtolice by Lender to Borrower that the condemnor offers to
matte an award or settle a claim for damages, Borrower tails to respond to Lender within 30 days after the date the notice
is given, Lrnder is authorized to collect attd apply the protxeds, at its option, either to restoration or repair of the Property
or to the sums secured by this Security Inurumatt, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds ro principal shall not extrnd
or postpone the due date of the monthly payments referred to k paragraphs 1 and 2 or change the amount of such payrnmts.
11. Borrows Not Released; Forfiearance By Linder Not a Waiver. Extension of the time Car payment or
modification of amortization of the atrtrts secured by this Security lastrument granted by Lender to any successor is interest
of Borrower shall not operate to release the, liability of the original Borrower or Borrower's successors in interest. Lender
shall not be required to oottmtetrce proceedings against any sttcoessor is itaerest or refuse to extapd time for paytnrnt or
otherwise modify amortization of the autos secured by Ihia Security lntttrutnent by reason of any demand made by the original
Borrower or Borrower's successor in intenxt. Any forbearance by lender in exercising any right or remedy shall not be
a waiver of ar preclude the exercise of any right or remedy.
PENNSYLVANIA -Single Fsroily - FNMA/F}tLMC UNIFORM tNSt7tUMFNr Form 3039 9(90
xwmao.rss ry,~.r~ t
E~33SS~i~ 058
I2. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The rnveaants and agrarrtents of
this Security Inatrtttnent aha[1 bind and benefit the successors and assigns of Lrnder and Borrower, subject to the provisions
of paragraph 17. Borrower's covegants and agreetnrnts shall be joint and several. Any Borrower who co-signs this Security
Instrument but Noes not execute dx Ntxe: (a) !s co-sigrdng this Security Inatrttmeat only to mortgage, grmt and convey that
Borrower's interest in the Property under the terms of this Security ittstrumenr (b) is tat personally obligated to pay the
sums secured by this Security Instrument; aM (c) agree that Lender sect my other Borrower may agree to extend, trlodify,
forbear or rrake any atxommodations wiW regard to the terms of this Security Iltstrtmtrnt or the Note without flat
Borrower's consent.
13. Loan Charges. If the lom secured by this Security Ltstrutrtrnt is subject to a law which sets tnaxitmnn loan
charges, and that law is thrally interpreted so that the interest or orbs loan charges oolkrted or to be rnllected in comtection
with the !om exc'ad the permitted lirttits, then: (a) my such bm charge shall be reduced by the amount necessary to reduce
the charge a ttte per mined limit; and (b) my sums already collected from Borrower which exceeded permitted limits will
be refunded to Borrower. Lender rosy choose to make this refund by reducing the principal owed under the Note or by
making a direct payntrnt a Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment
without any prepaymrnt charge under the Note.
14. Notitxs. Any notice to Borrower provided for in this Security Inswment shall be given by delivering it or by
mailing it by first class mail unless applicable law requires use of another method. The ratio shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first
class mail to Larder's address stated herein or any other address Lender designates by notice to Borrower. Any notice
provided for in this Secttriry Instnrtrrent shall be demaed to have ban given to Borrower or Latch when given as provided
in this paragraph.
15. Gorta'oiag Law; Sererability. This Security Instrurrtptt shall be governed by federal law and the law of the
jurisdiction in which the Property is located, In the event that any provision or clause of this Sectuty Instrument or the Note
conflicts with applicable law, such oatttict sbail not affect other provisions of Ibis Security Insttumrnt or the Note which
cm be given effect without the conflicting provision. To this end the provisions of this Security lnstrurrxnt and We Note are
declared to be severable.
L6. Botrrowes's Copy. Borrower shall be given one conformed Dopy of the Note and of this Sn:urity tnstrorrtrnt.
17. Trarafer of the Property or a Beneficial [ntaYat !n Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lender's prior written cotrsenb Lender may, at its option, require immediate payment in full of all sums
secured by this Security [nsttvrnent, However, this option shall not be exercised by Lrnder if exercise is prohibited by federal
law as of the date of this Security Instrument.
If Lender exercises Wis option, Lender shall give Borrower notice of xcelention. The notice shall provide a period
of not less Wm 30 days from the datg the notice is delivtxed or mailed within which Borrower must pay all sums secured
by this Security Instrumatt. If Borrower fails to pay these sutras prior to the expiration of this period, Lender tray invoke
any remedies permitted by this Stxurlty Instrument without further notice or demand on Borrower.
lg. Borrower's Right to Reinstate. if Borrower meets certain conditions, Borrower shall have the right to have
rnforcemrnt of this Security Ltstrurtleat discontinued ru my time prior to the earlier of: (a) 5 days (or such other period as
applicable law may spaify for reinstatement) before sale of the Properly pursuant to any power of sale wntained in this
Security Insatrntenr, or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)
pays Lender all sums which Wen would be due under this Security Instrument acct the Note as if no xceleration bad
occurred; {b) cures my default of any other covenants or agreetnenis; (c) pays all expenses itx'urred fn enforcing this Security
Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Ltroder may reasonably
require to assure that the lien of this Security lnstrtttnent, Lender's rights in We Properly and Borrower's obligation a pay
the sumo secured by this Security Instrument shall continue tmchmged. Upon reinstatement by Borrower, this Security ]n-
strumrnt and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this
right a reinstate shall not apply in the case of acceleration under paragraph I7.
19, Sale of Note; Change of Loen Servicer. The Note or a partial interest is the Note (together with this Security
Instrument) may be sold one or more times without prior notice a Borrower. A sale may resul[ in a chmge in the entity
(known as the "Lom Servicer") that wliects monthly payments due under We Note and Wis Security lnstttttttent. There also
may be one or more changes of the Lom Servicer unrelated to a sale of the Note. If there is a chmge of the Lom Servicer,
Borrower will lx: given written nonce or the change in accordance with paragraph 14 above and applicable law. The notice
will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice
will also Domain any outer information required by applicable law.
PENNSYLVANIA -Single Family - FNMA/FHLMC t1NQ+ORM INS7'RI11ttENl' ~ Form 3039 9N0
xwutaaw ~ r ~ r
BK3355~'G 059
20. Hazardous Substances. Borrower shall sot cause or permit the presence, use, disposal, storage, or release of
any Hazudous Substances on or is the Property. Borrower shall sot do, trot allow anyone else to do, anything affening the
Property that is in violation of any Eavironmrnul Law. 71te pmeding two sentences shall trot apply to the presence, rise,
or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to
normal residential uses and to maatenance of the Property.
Borrower shall promptly give lender written notice of any investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or private pony involving the Properly and any HazaNous Substance or
Environmental Law of which Borrower has actual knowledge. if Borrower leanu, or is nodfied by any governrrxrttal or
reguluory authority, that any removal or other mnediation of any Hazardous Substance affecting the Properly is tteeessary,
Borrower shall promptly take all ttetxssary remedial a<xions is aa:oNance wish Environmental Law.
As used in this paragraph Z0, 'Hazarous Substances" are those substances defined as toxic or hazardous substances
by Environmental Law and rite following aubstarrces: gasoline, kerosene, ocher flammable or toxic pdroleum products, toxic
pesticide and herbicides, volatile solvents, tttaletials containing asbestos or formaldehyde, and radioactive materials. As used
in this paragraph 20, 'Environmental Law" means fedeN laws sad laws of the jurisdiction where thr Property is located
that relate to health, aafery or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree ns follows:
Zl. Accekrotion; Remedies. fender shall give notice l013orrower prior to acceleration fallowing Borrower's
preach of any rnvenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17
unless applicable law provides otha~tdse). Lcrtder shall notify Borrower of, among other things: (a) the default; (b)
the action required to cure the defaulh (c) what the default must be cured; and (d) that [allure to cure the default
as specified may result in acceleration of the sums secured by this Security Instrument, forclosure by Judicial
proceeding and sale of the Property. Lender shall. further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-rxistence of a default or any other dei'ense of Borrower
to acceleration and foreclosure. It the default is not cared as specified, bender al its option may require immediate
payment in full of all tatms secured by this Security Instrument without further demand and may foreclose this
Serur[ty Instrument by Judicial procceding. Lender shall be eatltlod to collect all ezpascs incurred in pursuing the
remedies provided in this paragraph 21, Including, but not limited to, attorneys' tees and costs of title evidence to the
extent permitted by nppGcable law.
22. Release. Upon payment of all sums secured by this Security Inswtttem, this Security instrument and the estate
conveyed shall tetttrinateand become void. Aftersuch occurrence, Lenlier shall discharge and satisfy this Sorority 1t~strument
without charge to Borrower. Borrower shall pay any recoNation tASt~ 1
23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or drfects in pro-
ceedings to enfora dtis Security Instrument, and hereby waives the benefit of any present or future laws providing for stay
of execution, extension of time, exemption From attachment, levy and sale, and homestead exemption.
24. Reinstatement Period. Borrower's time to reinstate provided in paragraph t 8 shall extend to one hour prior
to the commet~ement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
Z5. Purchase Money Mortgage. If any of the debt secured by this Security Instrurrxrtt is lent to Borrower to
acquire title to the Property, this Security Instrument shall be a purchase money nrortgagr.
2G. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgmrnt is entered qn
the Note or is an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 1
27. Riders to this Security Itssttument. If one or more riders are executed by Borrower and recorded togethenvith
this Security Instrument, the covenants and agreentettts of each such rider shall be incorporated into and shall amend and
suppla!latt the covenants and agreements of this Security instrument as if the rider(s) were a part of this Security Instrume ~t.
[Check applicable box(es)]
1 '
^ Adjustable Rate Rider ^ Condominium Rider ® 1-4 Family Rider
^
^ Graduated Payment Rider ^ Planed Unit Development Rider
B
ll
Ri
~ ^ Biweekly Payment Rider
® a
oon
der
^ Rate Improvement Rider ^ Second Home Rider
Ol1tCf(a) [SpCelfyj
LEGAL ATTACHED
PENNSYLVANIA - Sirtak Family - FNMA/FHLMC UNIFORM INSTRUhrEPrr Furm 3039 9190
xwams-~ ~ ra,sri
I
Efl33SSf'U 060
BY SIGNING BELOW, Borrower aooepts aad agrees to the terra ss and cove 1 contained in this Savrity
hutnrment and in any rider(s) executed by Borrower and recorded with it. r[
. ~ ,
Witnesses:
(S~)
JAMES T. CLISIiAM III BonO`~ LISA M. ClIS~ Borrower
E 1!
(~)
Borrower
(Seal)
Borrower
(Seal)
Borrower
(~)
~ Borrower
[Space &lo+v Ton Line For Atkrwwkdjcmenl]
COMMONWF~LTH OF PENNSYLVANIA, County ss: l~il ~.~T? ~ r~
On th~, the / ~ day of /YIC~ /G~t_ ~ / ~ ~~ before me, /V~ ~~ y / v 6 %,
app •~-Q~]ps .~ C /~S~id~n, Tl~ats/ ~r~~ J-7 L' //S did ~" the undersigned officer, personally
ktlown to me (or satisfactorily proven) to be the person(s) whose name(s) Q r '°"
subscribed to the within instrumrnt and acknowledged that
-~ti,,.,v~ ezavted tiK same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and at'ficial seal.
My Commission expires: '~
NotarMal Seal
Judy A. Boater, Notary Put>yc
Hampden Twp., Cumberland Cyyryy
MY Cort~seion Expires Jan. 27, 2001
arlia fe et
,
Title of Officer
i
PENNSYLVANIA -Single Family _ 1'NklA/FHLMC IJN1FOltM rNSTRUhtEWT
xsnz~asww
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SN335SPG 061
Form J079 9190
ALL TFiaT CRTfII~Y lot o. la^d s_~uate iZ cue Vinc1 %+a_~ of t.
City of :~arris}~urg, Dauphin Couacy, Penrsiivania, hoL^ded a,
described is f~llows: '
$EGIN.VING n the East side of lzch Street, an_ hu:^.d=ed and .._.=__~
(1031 feet south of the southeast corner c 14th and t/erzor.
Streets ac the southern line of a three~(3) fesc wise alley;
thence eas wardly along saic alley eigh ;i-~iahc (d8) ~~ec s:~ (~; !
itches t0 another t'rree ( 3 ) fee% ~di de Dr:'!at°_ alley; ~..^_enCB `
~ southwardly along said last. mentioned al:e-~ si:cceen (35) fe°=
` line of lard now or lot°_ of J . Boitonrr~ c e.^.ce west~ra:dl_~ a:
said lane ~=ghty-eight (d8> :eec si:~ (6) '_aches to lath St=:et,~
thence ?VOr j'1 dlOng 11 C;^^. SCreeC SlXtee_*1 (.o) test LO t::e 8laCe ~t
BEGINNI.IG.~ ~ 1 1
Hr~VING .1v.FECN ERECTED Rouse No. 115 Sou;.:: lah St_eec. ± f
with thew a of the above-mentioned privat° alley .n ccaunon u_~
ocher oroo sties ab~tti_^_g thereon.
i ,
BEING the ame prem~.ses which Mildred E. kaidlich by teed sated ~
July 18, 1 79, and recorded July 18, 1979, in the Of°zce oc c_^_e
Recorder o Deeds in ar_d for Dauphin County, Pennsylvania, '.. 1
Record Hook 51; Page 377; granted and conveyed unto Ronald
Solomon and Joan Y.'Solomon, his wife.
~ Q~33S5Ni; Ob2
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~ LOAN NO. 801665720 ~ ~ '
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ADDEWtJiyt TO iVIORTGAGE/DEED OF TRUST/
DEED TO SECURE DEBT/SECURITY DEED
This ADD DUM TO MORTGAGEIDEED OF TRUST/DEED TO SECURE DEBT/SECURTI'Y
I DEED (also known as "Security [tistrutnetu") is made this 12th day of MARCH, 1999
and is incorporatFd into and amends the Security htsttttttten[ of the same date givrn by dte undersigned (tlle
' "Borrower") to secure Borrower's Note (dle 'Note") to PUBLIC SAVINGS BANK, A
PENNSYLVANIA CORP RATiQN
(the "Lander") o the same da~and covering the Property described in the SeLVrity Itlstrutnent and located
at:
115 SOUTH 14TH STREET,,HA.RRISBURG, PENNSYLVANIA 17101
(Property Address)
1
In addition tht covetlants and agreements trade is the Security Instrument, Borrow~r and Lender
t ~ttrther agree as Ilows: j
1. If the tSeLwt~ity Instnrtttrnt is a Second Mortgage FNMA/FHI.,~iC Uniform htstttlerxnt, then the
paragraph e}Ititled, "Payment of Principal and Interest" is aalended to include prepayment charges
as provided in any Prcpaytttent Rider executed in rnnnection with the Note.
2. The paragraph of the Security Insttulneat entided, "Appliption of Borcower's Payments" or
altemately "Application of Payments," is deleted in its rntimy and the application of paytluou is
governed by the Note. F '
i
3. Unless prohibited by applicable law, the paragraph of the Security Instrument rntided, "Accderotioa;
Remedies" or alternately "Lender's Rights ij Borrower Fail to Keep Promists and Agreanents,"
is supplemen[ed by adding the following provisions:
"Additionally, Lender may require immediate payment in full of the rn[ire amount rerasining unpaid
under the Note and this Security 1nstFuarnt, if:
(1) On application of Lender, twllo or more insurance companies licensed to do business in the
State in which the Property is located, refuse to issue policies insuring the buildings and ilnprovemenu
' on the Property; or
(2) Borrower fails to make nay payment required by a senior mortgage, deed of trust, deed to
1 secure debt or other security instrument encumbering or affeaiag the Property or fails to keep any
' other promise or agrarrtent in any senior mortgage, deed of trust, deed to secure debt or other
~ security instrument rncumbtring ar affixxing the Property; or
(3) Any representation trade or information given to Lender by Borrower In connection with
Borrower's application for the loan evidenced by the Note is false or mislead~g in any tttaterial
respect; or
} (4) Borrower allows the Property to be used in connection with any illegal activity."
4. For a loan secured by Iowa real property:
a. The following srntence is added to the end of the paragraph of the Security Instrluneat rn[i[led,
"Release' or alternately "Redemption Period:` f
"BolTOwer shall pay any recordation and/or official costs in rnt)nection with this mortgage.'
t.
MULTISTATE ADDENDUM TO ISr!?ND ~ AMGOISa.USM
FNMNFHLMC SECUIUTY INSTRVMENT
} GENERIC W/wrap • SHORT FORM
NNIYIM.YVI r,p, as
1
I
8K3355Pi; 063
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b. Language is added to the Security lastttunrnt as fDllaws:
"NOTICE TO BORROWER. I UNDERSTAND THAT HOMESTEAD PROPERTY IS 1N
MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM
JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, 1 VOLUNTARILY GIVE
UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH
RJ~PECT TO CLAIMS BASED UPON THIS MORTGAGE." i
I
c. If the Security Instrument is a sawad or junior priority Sccurity Instrument, then the following
appiies• ~
+ Ualesstothcrwise preettrpted by applicable federal or other law, the prepaymrnt penalty and
at ~ me~s' fees provisions from paragraphs 1, 3, 7, 18 and 21 nre deleted in their entirety.
5. The paragraph of the Security Instrument entitled, "Transfer of the Property or a Brnefidal
In#ertst in Borrower," is antrndediby changing the notice of defaul[ or acceleration to be at least 60
days if the loan is secured by a secondary lirn oa real propeny in the State of Connecticut and at least
]5 days if the loan is secured by a lien oa real property~in the State of OWahoma.
ti. For a loan secured by [{ansas real properly, if the Security Instrtment is Form 3017, rite last sentence
in the paragraph entitled, "Acceleration; Rmtedles," is deleted and replaced with the following:
"Lender sbail be mtiUed to collect all reasonable expettses incurred in pursuing the tmtedies
provided la thty paragraph, includittg, but not limited to, reasonable attorneys' fees, to the
eaRmt allowed by appl[cable law."
In addition, the paragraph entitled, "Attorneys' Fees," is deleted in its entirety.
7. For a loan secured by Ohio real property, the following language is added atter the legal description
section of the Security Instrutrtertt:
I
"This tno age is given upon the statutory condition. 'Statutory Condition' is defined is Section
5302. ~4 o the Revised Cede and provides generally that if Borrower pays the indebtedness and
pafoc{ns other obligatioaa secured by this mortgage, pays all taxes and assessments, maintains
iasuratra sinst fire and other harards and does not cotnmi[ or permit waste, then this tnorlgage will
become null and void."
8. For a loan~ecured by South Carolina real properly:
if the ty lnstrumenc is Form 304I, the second sentence of the paragraph trollied, "Waivers,"
is deltlf the Security Ittstrttrnettt is Form 3841 the paragraph entidcd, 'Waiver of Right of
Appraisal," is deleted.
i
9. The pengraph of the Srxurity Iastmmem entitled, 'Law Tbat Governs This Security
[nstrummt/Mortgage" or alternately "Governing Law; Severabitity," is amended by deleting the
first sentence and replacing it with the following language;
'This Security Instrutnrnt shall be governtxl by federal law and, to the extent not Lrconsistent with
or more restrictive than federal law or regulation govemiag Lender, the laws of the jurisdiction in
which the Properly is located.' ,
MULTISTATE ADDENDUM TO IST/3ND ( AMOOISB.VSM
FNMMFHLMC SECURITY INSTItUMFl/T
GENERIC µi]ar9a) -SHORT FORM
HM~W,Sil9r -ye 2of~
aK3355f~ii' 064
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10. if the Security Instrtrrnetu is,a stxond or junior priority Security Instrutnnrt, then a paragraph is added
to the Security Instrurr[ent as follows:
"WAIVER OF RIGHT TO INCREASE PRIOR MORTGAGE/DEED OF TRUST. Borrower
hereby waives Borrower's righu if say, to increase any senior deed of trust, mortgage or other
security instrument on the Propeny under any provision trontained therein governing optional tucure
advantxs, and, [o the extent pertniaed by law, waives Borrower's rights under any law which
provides [or an increase of said prior deed of trust, mortgage, deed to sccurc debt or other security
instrument to pay for repairs, itrrprovements, replacements, fazes, municipal liens, assessments or
od[a charges on cbe Pt~erty. If, notwithstanding the foregoing waiver, such funds are advanced to
j or on behalf of Borrower, whether volumarily or involunrarily, Borrower ~grees that Lender, a[ its
if option, may accelerate the indeb[edness secured lxreby.'
1 i. A provision is added tD the Security ItLUrurueDt as follows:
'Borrower hereby acknowledges receipt, without charge, of a we copy of the Security Instrument."
12. Escrow Waiver ® i i
If the box above has been checked, Lender waives the requirement for Borrower to make payment
to Lenderffor the escrow items referted w in the paragraph of the Security lnstrurnent emitted,
"Funds nthly Payments for Taxes and Insurance,' Botrowershall pay these obligationson time
directly t the person owed payment. Borrower shall promptly tutnis6 to Lender all notices of
amounts [ be paid under this paragraph, and receipts evidencing such payrtxnt.
Unless otherwise prohibited by applicable law, Lender reserves the right to require Borrower to make
paymen[ ro Lender for the escrow items referred [o in the paragraph of the Security lru[rument
entitled, "FundslMoathly Payments for Taxes and Insurance," if Borrower defaults in the payment
of such escrow items and such default is not cured within the time set forth in any notice sent to
Borrower by Lender. Let[der reserves such right even though Lender did not establish such escrow
account as a Lrondi[ion to closing the loan. If Lender requires Borrower to make paytrtenu to Lender
as provided herein, the provisions of the paragraph of the Security Inswntent entitled,
"FundsUlionthly Payments for Taxes and Insurance" will be in full force and effect.
13. A paragraph is added to the Security Inswment as follows: '
"FORCE PLACED INSURANCE. Unless otherwise prohibited by applicable law, if Borrower does
not provide Lender with evidence of insuratue coverage (for any type of insurance that is required
by Leader), Lender may purchase insurance az Borrower's expense to protect Lender's interests in
Borrower' Property. This insurance may, but need not, protect Borrower's intercsu. The coverage
that Lende~ purchases may not pay any claim that Borrower makes or any claim that is trade against
Borrower in cotutcction with the Property. Borrower may later t~rtcel any insttrartce purchased by
Leader, but only after providing Lender with evidence that Borrower has ob[sined the required
insurance. If Larder purchases iasutatxe for the Property, Borrower will be responsible for the costs
of that insurance, including the insurance pre[nittm, interest az the rate provided by the terms of the
Nate and any other charges tha[ the Lends of the insurer may impose in connec[ion with the
placement of the insurance (for example, a fee from the carrier for processing the force placed
insurance), until the efficti a date of the cancellation or expiration of the insurance. The coats of the
insurance may be added ~o Borrower's toW outstanding balance and secured by this Security
tnstrur[tettt. The cos[s may, be more tl[ar[ the cost of Insurance that Borrower may be able to obtain
directly because Lender will be purchruitng insurance under a general policy that does no[ rnnsider
Borrower's individual inst[rance`si[ua[ion."
MULTLSTAT6 ADDENDUM TO IST2ND ^ ~ t AMWISa. U5A1
F17MA/FNLMC SECURITY INSTRUMENT f
OaNER1C [~iMNQ _ SNORT FORM
NNg716Lq PoR 1 "! 1
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BK3355PG 0~6S
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14. A paragraph is added to the Security IBStrtttneat as follows:
"Verification or reverificuion of the Property'a valttation or any other iafort»ation normally contained
in as appraisal may be requited as pan of !,cadet's ongoing quality txntrol procedures. Borrower
agrcea to cooperate fully with Lender andlor its agents, sttccessors or assigns in obtaining anti
t:otnplning a full appraisalip tha future u Lender's sole option and ezpeose."
15. If as Adjustable Rate Rider is executed in coajttactioa with the Securiry`Iautttttuttt, such rider is
amended by: a) deleting the tectma entitled, "7'ruufer of the Property or a Beneficial ]nterest in
Borrower." and b) adding to the section entitled, "Interest Rate and Monthly Payment Changes"
(D) "LlrNts oa Intatrat Rate Changes,` the following language: •My interest rate will clever be less
than N/A 96." `
l6. If the Security Itrstrvment is sssigned or traruferred, all or a ponion of this IfAddendum may tx voided
at the option of the assignee or transfem. Any terrt~s and provisions of this Addrndum which are
voided will be go bvJlte o ' inat tentu of the Security Instrument.
JAMES T. CLISHAM III LISA ~. CLISHAM
Bortower Borrower
t ! '
Burrower
Borrower
1 flercb
r
r~orao '' +tTiFy
dauphin C~u-lt R,at a ~ phis ~!~~. ~.,,,
Y, P~,rtr~sYlvaryaiice ot'lf rg
~~~~~uUEE~St ~t~~~~~~i
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MULTISTATE ADDENDUM TO IST/7Np 1
FNMA/FHLMC SMCVRrrY INSILUMENr
OEN[:RlC UrlW9E) -SNORT FDRM
~UYieyq.4p
`~~~ ar; 0 Lk'n_ ~ii'~
I ~ S~Q' • ~ :yfi
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Reror~'~~
6K3355' i~ 066
WHEN RECORDID MAIL TO:
WHEN RECORDED MAIL T0:
PUBLIC SAVINGS BANK
2300 COMPUTER AVENUE, ~H-42
WILLOW GROVE,
PENNSYLVANIA 19090
t t
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OAN NO . 8 016 5 2 0 Spaes Above This Line For Rewrding Data]
1-4 FAMILY RIDER
(Aaaigameot of Rents) ~
THIS I~l FAlIIQLY 13IDE13 is made this 12th day of MARCH, 1999 ~ and is
incorporated into and shall be deemed to amend sad supplement the Mortgage, Deed of Trust or
Security Dead (the "Security Instrument") of tlla same data given by the undanigned (the "Borrower")
to secure Borrower's Nots w PUBLIC SAVINGS BANK, ~ PENNSYLVANIA
CORPORATION (the "Lender') of
the same date and covering the Property dexribed in the Security . s ~ nt and Io~at~d at:
++115 SOUTH~I4TH STREET, HARRISBURG, PENNSYLV~1N A 171041
t [Property Address] '
I.rt FAMII,YCOVENANTS. In addition to the wvenaata and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows; ~
A. ADDITIONAF. P$OPERTY SUBJECT TO TFIE SECURITY IN3TE(1MENq'. In addition to
the Property described iP the Security Instrument, the following items ere added to the Property
description, and shall also constitute the Property covered by the Security Instrument: building
materials, sppliances and goods of every nature whatacever now or hereafter located in, on, or used,
or intended to be used fa connection with the Property, including, but not limited to, those for the
purposes of supplying or diatributiag heating, cooling, electricity, gas, rater, air and light, fire
proveation and extinguishing apparatus, secwity and access control apparatus, plumbing, Dath tubs,
water heaters, water chufeta, sinks, ranges, stoves, refrigerators, dishwashers, dispceale, washers,
dryers, awnings, storm windows, storm door, screens, blinds, shades, curtains and curtain rods,
attached mirror, cabinets, panelling and attached floor coverings now or hareaRer attached to the
Property, all of which, including replacements and additions therein, shall be deemed to be and remain
a part of the Property covered by the Security instrument. All of the foregoing together with the
Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on
a leasehold) are referred to in this ~-4 Family Rider and Security Instrument as the "Property",
B. USE OF PROPEBI'Y; COMPLIANCE WiTIi LAW Borrower shall not seek, agree to or
make a change in the use of the Property or its zoning classification, unless Lender has agreed in
writing to the change. Borrower shall comply with all laws, ardinanas, regulations and requirements
of any governmental body appGeable to the Property,
C. SUBO13D1NATE I1EN8. Except as permitted by federal law, Borrower shall not allow any
lien inferior fa the Security Instrument to be rfacted against the Property without Lender's prior
written permission. ~ ~ ~
D. RENT L098INSUItANCI: Borrower shall maintain insurance against rent loss in addition
to the other hazards for which insurance is required by Uniform Cotenant 5.
>w "BORBUWEiB'8 RI(}!i1' TO ItE~18TATE• DELETED. Uniform Covenant I8 is deleted;
F. BORBOWBR'S OCCUPANI:Y. Unla{s Lender and Borrorr~r otherwise agree in writing, the
first sentence in Uniform Covenant 6 coacerniag Borrower a oxupancy of the, Pr party is deleted. All
remaining eovenan4 and agreements set forth in Uniform CownanL fi shall a in in sffiet.
YIILTr87'Ai'6 EIDLR - r~ FLmRy • FNMA/FHLttC UNIP'paM IN9TRUllBNT
aep06R.yC4rYee P.r. l ~rx Form 5170 <9)90)
1 '
8K335SPG QS 7
~ i ~G. A38IG1V111lF.Nl' OF LEASES. Upon Lender's request, Borrower shall assign to .ender all
~ leaus of the Prgperty and all security deposiU made in connection with leases of the Property. Upon
the asaignmeat„Lender shall have the right to modify, extend or terminate the existing leases and to
execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall
mean "sublease" if the Security Instrument is on a leasehold.
H. A88I(INI~NI' OF RENTB; APPOIIV'1's~NT OF BECSiVEB; LENDER W POSSESSION.
~ Borrower absolutely and unrnnditienally assigns and tranafen to Lender all the rents and
reveanea ("Rents") of the Property, regardless of to whom the Rents of the Property are payable.
Borrower authorizes Lender or Lender's agents to co11eM the Rents, and agrees that each tenant of the
Property shall pal the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents
until (i) Lender has given Borrower notice of default pursuant to paragraph 21 of the Security
Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or
Lender's agent. This assignment of Rents constitutes an absolute assignment artd not an assignment
for additional security only. If Lender gives notice of breach to Borrewar. (i) all Rents received by
Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be appUed to the sums
secwed by the Security Instrttraeat; (ii) Lander shall be entitled to collect and receive all of the Rents
of the Property, (iii) Borrower agrees that each tenant of tlu Property shall pay all Rents due and
unpaid to Lender or Lender's agents upon Lender's written demand to fate tenant; (iv) unless applicahle
[aw provides otherwise, all Rentp collected by sender or Lender's agents shall be applied first to the
vats of taking control of sad m g the Property and collecting the Rents, including, but not limited
to, attorney's fees, receiver's fees, premiums an reaiver's bonds, repair and maintenance coats,
inawance premiums, taxes, asseaamenta and other charges on the Property, and then to the sums
secured by the Security instrument; (v) Lender, Lender's agents er any judicially appointed receiver
tahall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have
~a receiver appointed to take possession of and manage the Property and collect the Rents and profits
E derived from the Property withogt any showing as to the inadequacy of the Property as security.
If the Rents of the Property are not aulGcient to corer the costs of taking control of and
managing the Property and of collecting the Rents any funds expended by Lender for such purposes
shall become indebtedness of Borrower to Lender secured by the Securi~ Instrument pursuant to
Uniform Covenant 7.
Borrower represents and warrants that Borrower has not executed any prior assignment of the
Rents and has not and will not perform any act that would prevent Lender from exercising its rights
under this paragraph.
Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter
upon, take control of or maintain the Property before or after giving notice of default to Borrower.
However, Lender, or Lender's agenb or a judicially appointed receiver, may do so at any time when a
default occurs. Any application of Rents shall not cure or waive any default or invalidate any other
right or remedy oFLender. This assignment of Rents of the Property shall terminate when all the sums
secured by the Security Instrument are paid in full.
1. CR0.98-DEFAULT PRCtVISIQN. Borrower's default or breach under any note or agreement
in which Lender has an interest shall be a breach under the Security Instrument and Lender may
invoke any of the remedies permitted by Secwity Instrument
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in
this 1-4 Family Rider.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-04785 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FCI NATIONAL LENDER SERVICES
VS
CLISHMAN JAMES III
RONALD HOOVER
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CLISHAM JAMES T III the
DEFENDANT at 1546:00 HOURS, on the 22nd day of August 2007
at 235 MARKET STREET
NEW CUMBERLAND, PA 17070 by handing to
JAMES CLISHAM III
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 16.32
Affidavit .00
Surcharge 10.00
.00
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Sworn and Subscibed to
before me this day
So Answers
R. Thomas Kline
08/23/2007
FLAHERTY FARDO
By: ~~~~~-~~
Deputy eriff
of A.D.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES, Civil Division
Plaintiff, CASE NO.: 07-4785
Vs.
Code No.
JAMES CLISHAM, III, TEN DAY NOTICE OF INTENT
TO FILE DEFAULT JUDGMENT
Defendant.
Filed on Behalf of Plaintiff:
FCI NATIONAL LENDER SERVICES
Counsel of Record for this Party:
Noah Paul Fardo
Pa. I.D. # 83848
Shawn T. Flaherty
PA I.D. #43697
FLAHERTY FARDO, LLC
Firm # 527
5541 Walnut Street
Pittsburgh, PA 15232
Telephone No.: 412-802-6666
Facsimile No.: 412-802-6667
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES,
Plaintiff,
Vs.
JAMES CLISHAM, III,
Civil Division
CASE NO.: 07-4785
Code No.
TEN DAY NOTICE OF INTENT
TO FILE DEFAULT JUDGMENT
Defendant.
To: James T. Clisham, III
235 Market Street
New Cumberland, PA 17070
DATE: Seate~ber 13, 2007
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A REPLY IN
THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
4~ FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES,
Plaintiff,
Vs.
JAMES CLISHAM, III,
Defendant.
Civil Division
CASE NO.: 07-4785
Code No.
TEN DAY NOTICE OF INTENT
TO FILE DEFAULT JUDGMENT
CERTIFICATE OF SERVICE
I, Noah Paul Fardo, Esquire, hereby certify that I served a true and correct copy of
Plaintiff sTen-Day Notice of Intention to File Default Judgment, on this 13th day of
September, 2007 via United States First Class Mail, postage prepaid, upon the following
defendant:
James T. Clisham, III
235 Market Street
New Cumberland, PA 1
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES, Civil Division
Plaintiff, CASE NO.: 07-4785
Vs.
Code No.
JAMES CLISHAM, III, PRAECIPE TO ENTER DEFAULT
JUDGMENT
Defendant.
Filed on Behalf of Plaintiff:
FCI NATIONAL LENDER SERVICES
Counsel of Record for this Party:
Noah Paul Fardo
Pa. I.D. # 83848
Shawn T. Flaherty
PA I.D. #43697
FLAHERTY FARDO, LLC
Firm # 527
5541 Walnut Street
Pittsburgh, PA 15232
Telephone No.: 412-802-6666
Facsimile No.: 412-802-6667
M
M
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES, Civil Division
Plaintiff,
V s.
JAMES CLISHAM, III,
Defendant.
CASE NO.: 07-4785
Code No.
PRAECIPE TO ENTER DEFAULT
JUDGMENT
PRAECIPE TO ENTER DEFAULT JUDGMENT
To the Prothonotary:
Kindly enter judgment in favor of the above named Plaintiff and against the above named
Defendant in the principal sum of $47,226.74.
Date: September 25, 2007
I hereby certify that the precise
Residence of the Plaintiff is:
FCI National Lender Services
8180 E. Kaiser Boulevard
Anaheim Hills, CA 92808.
And that the last known residence of
the Defendant is:
James T. Clisham, III
235 Market Street
New Cumberland, PA 17070
w
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES, Civil Division
Plaintiff, CASE NO.: 07-4785
Vs.
Code No.
JAMES CLISHAM, III, PRAECIPE TO ENTER DEFAULT
JUDGMENT
Defendant.
CERTIFICATE OF SERVICE
I, Noah Paul Fardo, Esquire, hereby certify that I served a true and correct copy of
Plaintiff s Praecipe to Enter Default Judgment, on this 25th day of September, 2007 via
United States First Class Mail, postage prepaid, upon the following defendant:
James T. Clisham, III
235 Market Street
New Cumberland, PA 1707 /~ _
BY:
Noah Paul F
Attorney for
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES, Civil Division
Plaintiff, CASE NO.: 07-4785
Vs. ~ Code No.
JAMES CLISHAM, III, TEN DAY NOTICE OF INTENT
TO FILE DEFAULT JUDGMENT
Defendant.
Filed on Behalf of Plaintiff:
FCI NATIONAL LENDER SERVICES
Counsel of Record for this Party:
Noah Paul Fardo
Pa. I.D. # 83848
Shawn T. Flaherty
PA I.D. #43697
FLAHERTY FARDO, LLC
Firm # 527
5541 Walnut Street
Pittsburgh, PA 15232
Telephone No.: 412-802-6666
Facsimile No.: 412-802-6667
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES,
Plaintiff,
Vs.
JAMES CLISHAM, III,
Civil Division
CASE NO.: 07-4785
Code No.
TEN DAY NOTICE OF INTENT
TO FILE DEFAULT JUDGMENT
Defendant.
To: James T. Clisham, III
235 Market Street
New Cumberland, PA 17070
DATE: Seutember 13, 2007
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE A REPLY IN
THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS
NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING
AND YOU MAY THEREBY LOSE PROPERTY OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A OR KNOW A LAWYER, THEN YOU SHOULD GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP:
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
4TH FLOOR, CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES, Civil Division
Plaintiff, CASE NO.: 07-4785
Vs.
Code No.
JAMES CLISHAM, III, TEN DAY NOTICE OF INTENT
TO FILE DEFAULT JUDGMENT
Defendant.
CERTIFICATE OF SERVICE
I, Noah Paul Fardo, Esquire, hereby certify that I served a true and correct copy of
Plaintiff's Ten-Day Notice of Intention to File Default Judgment, on this 13th day of
September, 2007 via United States First Class Mail, postage prepaid, upon the following
defendant:
James T. Clisham, III
235 Market Street
New Cumberland, PA ]
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
FCI NATIONAL LENDER SERVICES, Civil Division
Plaintiff, CASE NO.: 07-4785
Vs.
Code No.
'~~
JAMES CLISHAM, III, PRAECIPE TO ENTER DEFAULT
JUDGMENT
Defendant.
NOTICE OF ORDER. JUDGMENT OR DECREE
() Defendant You are hereby notified that JUDGMENT has been entered against
() Plaintiff you on the 1 S+ day of ~+o~jer , 2007 in the above
() Judgment in the amount of $ (o . ,plus costs.
() Decree in Divorce
() Decree Nisi in Equity
() Final Decree in Equity
O Justice of the Peace Transcript of Judgment in Trespass in the amount of
$ ,plus costs.
O If not satisfied within sixty (60) days, your motor vehicle operator's license will be
suspended by the Department of Transportation, bureau of Traffic Safety, Harrisburg, PA.
() Entry of Judgment of () Non-Suit or
() Non-Pros
() Default
() Verdict
() Arbitration Award
O Justice of the Peace Transcript in Assumpsit in the amount of $ ,Plus Costs.
Bcpat~ Prothonotary
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