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HomeMy WebLinkAbout07-5626PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 162251 AMERICAN HOME BANK, N.A. 3840 HEMPLAND RD. MOUNTVILLE, PA 17554-1500 Plaintiff V. STEVE A. KAUFFMAN 1 COBBLESTONE DRIVE CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d? - 5&0% Civ; ( l erns CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 162251 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 162251 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 162251 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 162251 1. Plaintiff is AMERICAN HOME BANK, N.A. 3840 HEMPLAND RD. MOUNTVILLE, PA 17554-1500 2. The name(s) and last known address(es) of the Defendant(s) are: STEVE A. KAUFFMAN 1 COBBLESTONE DRIVE CARLISLE, PA 17013 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 08/16/2002 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1768, Page: 3926. A copy of the Mortgage is attached as Exhibit "A". 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 162251 6. The following amounts are due on the mortgage: Principal Balance $120,778.04 Interest $4,049.50 04/01/2007 through 09/25/2007 (Per Diem $22.75) Attorney's Fees $1,325.00 Cumulative Late Charges $126.06 08/16/2002 to 09/25/2007 Cost of Suit and Title Search 750.00 Subtotal $127,028.60 Escrow Credit ($1,430.90) Deficit $0.00 Subtotal ($1,430.90) TOTAL $125,597.70 7. 8. If the mortgage is reinstated prior to a Sheriff s Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 162251 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $125,597.70, together with interest from 09/25/2007 at the rate of $22.75 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SC G, LLP By: ts/iFrancis S. Hallirlan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 162251 ? M 3C-M5? 5CN? 1&' Prepared By: TAMMY HOUGENTOGLER Parcel Number: 40 - 24 - 0758 - 218 PCBERT P. ZJEQLER "CORDER OF DEEDS ?A:BERLAND COUNTY-PA '02 fiUG 19 PR .3 .03 ReturnTo: AMERICAN HOME BANK, N. A. 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604-4454 ftwe Above Ub Um For Rwwrdt g Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document, are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Secft Feat" means this document, which is dated AUGUST 16, 2002 , together with all Riders to this document. (B) "Borrower" is STEVE A KAUFFMAN, Adult Individual Borrower is the mortgagor under this Security Instrument. (C) "Lender" is AMERICAN HOME BANK, N.A. Lender is a NATIONAL ASSOCIATION PENNSYLVANIA - Singe Family - Fannie Mae/Fredde Mac UNIFORM INSTRUMENT Form 3039 1/01 VPAImm) V027 ,A LOAN ID: 0000006734 Paps 1 of 16 Inltlals ?tK VMP MORTGAGE FORMS - 0=521-7291 I min 81t f 768PG3926 ot 016T s . organized and existing under the laws of UNITED STATES OF AMERICA Lender's address is 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604-4454 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated. AUGUST 16, 2002 The Note states that Borrower owes Lender ONE HUNDRED TWENTY-SEVEN THOUSAND NINE HUNDRED TWENTY AND NO1100 Dollars (U.S. S 127,920.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not low than SEPTEMBER 01, 2032 (L) "Property" means the property that is described below under the heading "Transfer of Rights in the Property " (l+) "Lou" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security instrument, plus interest. (G) "tide's" means all Riders to this Security lnshument that are executed by Borrower. The following Riders are to be exemited by Borrower [check box as applicable]: Adjustable Rate Rider 0 Condominium Rider ? Second Home Rider Balloon Rider HPlanned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other( a) [specify] Exhibit "A" (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinanoes and eve rules and orders (that have the effect of law) as well as all applicable final, men-pealah judicial opinions. (1) "Community Amer ation Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term include, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (1) "Escrow Items" means those items that are described in Section 3. (L) "Misodlanam Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third ply (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. 00 "Mortgage Insumnoe" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (1) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrumcm. Oft- 6(PA) 0081 V034 Paps2of78 LOAN ID: 0000006734 "'m 3039 1ro1 X78-8PG3927 5 aA (O) "RNSPA" means the Real Estate Sit Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3300), :as they might be amended from time to time, or any additional or succor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requiremems and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RLSPA. (P) "Successor in Iatecest of Borrower" means any party that has taken title to the Property, not that party has a?nned Borrower's obligations under the Note and/or this Security Instrument. or TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Leander: (i) the repayment of the Loan, and all,renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covemamts and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, gram and convey to Leader the following described property located in the COUNTY [dyne of Recording Jwissicdool of CUMBERLAND [Name of Rec:otdbg huiadiction]: SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 1 COBBLESTONE DRIVE CARLISLE ("Property Address"): [mil [city], Pennsylvania 17013 (zip code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." tr WMSAI MVPAI x00081 V041 Pap 3 of 18 LOAN ID: 0000006734 Form 9039 "o1 Y 17 68PG3.9 8 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for enctunbrances of record.. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real pr - - UNIFORM COVENANTS. Borrower and Leader covenant and agree as follows: 1. Payment of PrWpal, Interest, Fecrow Items, Prepayntent Chaprges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any es and late charges due under the o. Borrower shall also pay finds for _Escrow Items pursuant to Section 3. Payments ued under the Note and this Security hustnuneat shall be made in U.S. currency. However, if any check or other instrument received by Leader as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all went payments due under the Note and this Security Instrument be mace in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) eertiRed check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when "received at the location designated in the Now or at such other location as may be designated by Leader in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Leader may accept any.payment or partial payment insufficient to bring the Loan current, without waiver of any rights hera der or prejudice to its rights to refuse such payment or partial payments in the fi, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scdeduled due date, then Lander need not pay interest on unalrplied Ands. Lender may hold such unapplied fiends until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such fiends or return them to Borrower. If not applied earlier, such fiends will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No off et or claim which Borrower might have now or in the future against Leader shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Appllaetlon of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Linder shall be applied in the following order of priority: (a) interest due under the Note, (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Leader may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be e-6tPAleooosi V048 Papi4of10 LOAN ID: 0000006734 FOr'"?? trot DK`178`8% 3 9::9 paid in full. To the extent that any excess exists after the payment is applied to the Rill payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or 4aW the am?onnt, of the Periodic Payments. 3. Fund for Furuw Item. Borrower shall pay to Leader on the day Periodic Payments are due under the Note, until the None is paid in full, a sum (the "Purls") to provide for payment of amounts due for: (a) taxes and and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance pram uma, if any, or any sums poyable_ by Borrower _to -Lander in lieu of the payment of Mortgage Insurance prennums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Leader may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assts shall be an Escrow Item. Borrower shall promptly fimiish to Leader all notices of amounts to be paid under this Section. Borrower shall pay Leader the Funds for Escrow Items unless Lauder waives Borrower's obligation to pay the Funds for any or all Escrow Item. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has beat waived by Lender and, if Lender requires, shall Runish to Lauder receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and amt contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Leader may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lauder any such amount. Leader may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section Leader may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified wider RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of ftnure. Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Leader, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Leader pays Borrower interest on the Funds and Applicable Law permits Lender to make swab a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Leader shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest /M uauw: -titPA) mm) V055 Pipi6of 16 LOAN ID: 0000006734 Form 3039 "roe shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with, RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is.a deficiency of Funds held in escrow, as defined wrier RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Leader shall promptly refund to Borrower any Funds hakLby Lender. 4. Charges; Lams. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these dens are Escrow Items, Borrower shall pay them in the mamar provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security. Imtcume t unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lice in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lice in good faith by, or defeods against enforcement of the lien in, legal proceedings which in. Lender's opinion operate to prevent the enforcement of the lice while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lice. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions sat forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Leader m connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Leader requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Leader requires. What Leader requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Leader's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certifucatioa. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. -6iPA1 roooe? V062 Pipi6of 16 IRAN ID: 0000006734 Form 3039 1/01 17,65 393 1 ???' If Borrower fails to maintain any of the coverages described above, Leader may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Leader, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Larder under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall beer interest at the Note rate from time date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance politics required by Leader and renewals of such policies shall be subject to Lender's right-to diaepprove-such -policies, shall include a standard mortgage clause, and shall name Lehr as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Leader all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Larder, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Leader may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Leer's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has bad an opporttmity to inspect such Property to ensure the work has been completed to. Lender's satisfaction, provided that such inspection shall be undertalren promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or 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 insurance proceeds, lewder shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjumn, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this SecurityInstrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Larder may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refimd of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. -81PA) once' V069 Pape 7 of ° LOAN ID: 0000006734 Form 3039 1101 4 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Searrity Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year. after the date of occupancy, unless bender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstanoes exist which are beyond Borrower's control. 7. Paean vadw, Maintemoce and Protecdon of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if _damagesl to -avoid further deterioration or damage. If insurance or won proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficieat to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Leader or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property As Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Interment. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Leader's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instnmeent, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Leader's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Scarring the Property includes, but is net limited to, entering the Property to matte repairs, change locks, replace or board. up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Leader may take action under this Section 9, Fender 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 Section 9. irn.a: '?I.1 -etPAlm°°°? V076 Paps8of8 LOAN ID: 0000006734 F0f1A? ??ot 1 7 683933 ??- ? ? art h Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note raw from the date of disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment- If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. mor a Ins rmce. If Leader required Mortgage Insurance as a condition of malting the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lauder ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make sepaarately designated payer toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage wally equivalent to the Insurance -' PAY m edlect, at a cost suhbstaantially equivalent to the cost to Borrower of tlhe? Mortgage kwrance previously in effect, from an alternate mortgage insurer selected by Leader. If suNuntially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in dfact. Leader will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Leader can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Leader again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Leader required Mortgage Insurance as a condition of making the Loan and Borrower was required to maim separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the pre cumms required to maintain Mortgage Insurance in effort, or to provide a non-refundable loss reserve, until Lender's recp ire went for Mortgage Insurance ends is accordance with any written agreement between Borrower and Leader providing for such termination or until termination, is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rue provided in the Note. Mortgage Insurance reimburses hauteur (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may eater into agreements with other parties dim share or modify their risk, or reduce losses. These agreements are on tams and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurex, any other entity, or arty affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender talm a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangeameht is often termed "captive reinsurance. I Further: (a) Any such amts wall not affect the amounts that Borrower Tags agreed to pay for Mortgage Insurance, or any other terms of the IAa n. Such agrameais wW not increase the amount Borrower will owe.for Mortgage Insure umoe, and they will not entitle Borrower to airy rdbud. W61PA1 "08' V083 inwua . Papi8of1a LOAN ID: 0000006734 Form 3039 1/01 ji?tw 1% RK. 1. 76:8 K 3934 ?`?? r- (h) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance wider the Tlomeowum Protection Act of 1:998 or any other law. These r s may inchade the rigbt to receive certain dbclosures, to requmt and obtain cancellation of the Mortgage Inwance, to have the Mortgage Insurance terminated a shmu tically, and/or to receive a rdkmd of any Mortgage Insurance premiums that were umearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to bender. If the Property a damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is eaonomicatly feasible and Leader's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the :work has bees. completed to Lender's satisfaction, provided that such lemon Aliff be un&rWft Promptly. Leader may pay for the repairs. and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Leader's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, Whether or not drew due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In to event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the s; secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, demuctiM or loss in value of the Property in which the fair mark value of the Property immediately before the partial taking, destruction, or loss in value is equal to or grew than the amount of the sums 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 be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair marlaet value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial. taking, destruction, or Ioss in value of the Property in which the fair market value of the Property immediately before the partial Mitt, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the'Mlacellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lander to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lander within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or rot then due. "Opposing Party" means the turd party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be IrAddw MVIPA) mm) V090 Popp 10 of 18 IRAN ID: 0000006734 Form 3039 1/01 -9-35 OHIBITA dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Leveler's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the eerier provided for in Section 2. 12. Borrower Not Rdess* Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to reftuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by mum of any demand made by the original Borrower or any Susoss is rntereat of Borrower. Any forbearance by Centex in wising any right or remedy including, without limitation, Leader's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any righht or remedy. 13. Joint and Several Uability; Co-dgpers; Successors and Aselg? Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-sighs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instr?mient only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not par nally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other., Borrower can agree to extend, modify, forbear. or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any for in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Insrruineot. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lewder agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lander. 14. Lam Cbarges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets .maximnum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Leader may choose to make this refund by reducing the end ucipal owed under the Note or by making a direct payment to Borrower. If a. refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in. connection with this Security Instrument shall be deemed to I:SA9 -6(PAd ""' V097 P'°°" °"° LOAN ID: 0000006734 Form 3039 1/01 410 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Leader. Borrower shall promptly notify Lender of Borrower's change of address. If Leader specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address ftwo that specified procedure. There may be only one designated notice address under this Security Instrument at cry one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Larder's address stated herein unless Leader has designated anothr address by notice to Borrower. Any notice in conaeetion with dais Security Instrument shall not be deemed to have been given to Lewder until actually received by Leader. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Inarumaut. _ 16. Governing Law; Sewerabiiky; Roes of Constr. This Security Instrument shall. be governed by federal law and the law of the ,jurisdiction in which the Property a located. All rights and obligations eonta med in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by conaW or it might be silent, but s4ch silence *all not be construed acs a prohibition against agreement by contract. In the event that any provision or clam of this Security Instrume t or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine garter, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to tape any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Boodkiod Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, inducting, but not limited to, those beneficial interests transferred in a bond for deal, contract for deed, installment sales contract or escrow agreeaareat, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transkered (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lander if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower moist pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the axpiration of this period, Deader may involm any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Rite Attar Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enfo t of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any, power of sale contained in this Security Inert; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Leader all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or .g1PA"pppal Page 12 of I e Form 3039 1101 V106 LOAN ID: 0000006734 agreements, (c) pays all expenses incurred in enforcing this Security Insavment, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and oiler fees incurred for the purpose of protecting Lender's intern in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Leader's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash, (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumahgdity or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations segued hereby shall remain billy effective as if no acceleration had occurred. However, this night to reinstate shall not appl?+ in the -ice of aoceleicm under Sect n_18. 20. Sale of Note; Cba>uge of Loan Serview, Notice of Grievances. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the 'Loam Servicur") that collects periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the None, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Semi= unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be.given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments shoild be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and theredW the Loan is serviced by a Loan Services other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Services or be transferred to a successor Loan Servicer and are not assumed by the Note purdum unless otherwise provided by the Nee purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant, to this security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security instrument, until such Borrower or Leader has notified the other party (with such notice given in compliance with the regcriremerta of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a thine period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure givens to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. EWssrrdous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Envirormnental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, mcterials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental CleanW* includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" moans a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. xrnw SW -8(PA) "W, Vlll Pap"13of1b IRAN ID: 0000006734 Form 3039 trot 7:6.8% 3 9"Te Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Bnvironnimtai Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in comsuma products). Borrower shall promptly give Lender written notice of (a) any inveesri ation, claim, demand, lawsuit or other action by my governmental or regulatory agency or private party mvciving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. (b) any &uvir tai Condition, including but not limited to, any spilling, lead, discharge, release or threat of nee use of a y Hazardous Substance, and _(4 any condition cawso by due- presence, use or release of a Hazardous ice which adversely affects the value of the Property. If Borrower learns, or is notified by any VMMMW or regulatory authority, or any private party, that any removal or other remadiation of any Substance affecting the Property neoemsary, Borrower shall promptly talcs all haocssary remedial actions in accordapoce with Environmental Law. Nothing herein shall create any obligation on Lender for An Environmental Cleanup. NON UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender doll give notice to Borrower prior to aaoelwadon following Borrower's breach of any covenant or agreement in Was Secorfly Inakmment (bat not prior to aooeN-W undw Sectiola 18 unless Applicable Law provides odwrwW. Lender doll notify Borrower of, mm % othw things: (a) the ddkd4- (b) the action required to cure the default; (c) when the ddW& mast be cured; and (d) that failure to rare the dealt as qwwWood. way remit in aeoddsrnion of the am= s ecmvd by this Seaurtty InWonsent, forecimtne by proeemsUng and sale of the Property. Lmdler shall fin-Ow hciorm Bette w of the right to reinstfe after accele"Am nod the rat to assert In the foreclosure the nooexistence of a default or any odier defense of Borrower to acedemdon and fw?adosom If the deibadt is not caared au specified, Lender at its option may repairs i?oneo?ate ppaayment in hffl of all an= awed by this Security I nt wi#hnudaA orbiter demand acrd may fic+edoee this Seco ity Instrument by judicial proceeding. Leader sball be entitled to coiled all expenses inc enTed in perming the remedies provided In this lion 22, inddndiag, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lauder shall discharge and satisfy this Security histrument. Borrower shall pay any recordation cow. Lender may charge Borrower a fee for releasing this Security Insaumetit. but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. waivers. Borrower, to the eactent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the befit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reimtatdnnent Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the oo ent of bidding at a sheriffs sale or other sale pursuant to this Security Instrumment. . 26. Parcbme Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. -6lPA) loooen V118 Pop 14 of 1. LOAN ID:' 0000006734 "' 3039 1101 BY SIGNING BELOW, Borrower w pts and agrees to the terms and covenants contained in this Security Insm one it and in any Ridgy executed by Borrower and recorded with it. Witnesses: (seal) STEVE A KAUFFNiN Borrower (Seal) Borrower (SW) (Seal) -Borrower -Borrower (sew) (Seal) -Borrower -Borrower (Seal) -Borrower _ (Seal) -Borrower 4ft4NPA) moss V125 POP'60f 8 LOAN ID: 0000006734 Form 3039 1101 f ' e Cerro s#te of Reddence I, TAMMY HOUGENTOGLER , do hereby certify that the correct address of the within-named Mortgagee is. AMERICAN-HOME BANK, N.A. ' 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454, LANCASTER, PA 17604-4454 Witness my hand this 16th day of AUGUST 2002 Agent of Mortgagee COMMONWEALTH OF. PENMYLVANTIA, . Cmberland On this, the 16th day of August und+ersiped officer, personally appeared Steve A. Faiffhen,.single persm County as: , before me, the known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within mmunent and acknowledged that he/she they executed the same for the purposes her m.contained. TWO Of Offim Ititlak:?? -61 'A) ""' V129 Pips to 0 "a LOAN ID: 0000006734 fO^^ X39 1/07 ,9 1 IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Qm mission Expires: n 'F n Exhibit A All the following described real estate lying and being situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern dedicated right of way line of Petersburg Road, SR 2001 at the southwest corner of Lot 28 as shown on the above-described subdivision plan; thence by Lot 28, South 84 degrees 11 minutes 1 second East 167 feet to a point on the western right of way line of Flagstone Drive, 50-foot wide right of way; thence by the western right of way line of )Flagstone Drive, ;South 5 degrees 48 minutes 59 seconds West 66.84 feet to a point on the intersection of the western right of way line of Flagstone Drive with the northern right of way line of Cobblestone Drive, 50-foot wide right of way; thence by said intersection by a curve to the right having a radius of 25 feet, an arc distance of 363 feet to a point on the northern right of way line of Cobblestone Drive; thence by said right of way line, South 89 degrees 0 minutes 12 seconds West 55.62 feet to a point; thence continuing by said right of way line, by a curve to the right having a radius of 175 feet, an arc distance of 19.92 feet to a point; thence continuing by said right of way line, South 84 degrees 28 minutes 32 seconds West 44.74 feet to a point at the intersection of the northern right of way line of Cobblestone Drive with the eastern dedicated right of way line of Petersburg Road; thence by said intersection, by a curve to the right having a radius of 25 feet, an arc distance of 39.4 feet to a point on the eastern dedicated right of way line of Petersburg Road; thence by said dedicated right of way line, North 5 degrees 48 minutes 59 seconds East 74.73 feet to a point on said dedicated right of way line, the point and place of beginning. BEING designated Lot 27 on plan of lots for Cobblestone Estates, Sheet No. 2, recorded in Cumberland County, PA, Plan Book 70, Page 130A. I Certify tr?c f:.) be rt'co, ail In Cumberland Cour, ty tl A 17 6 81 3:9 `42 O0 fy ?` ` Recorder of Deeds LEGAL DESCRIPTION All the following described real estate lying and being situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern dedicated right of way line of Petersburg Road, SR 2001 at the southwest corner of Lot 28 as shown on the above-described subdivision plan; thence by Lot 28, South 84 degrees 11 minutes 1 second East 167 feet to a point on the western right of way line of Flagstone Drive, 50-foot wide right of way; thence by the western right of way line of Flagstone Drive, South 5 degrees 48 minutes 59 seconds West 66.84 feet to a point on the intersection of the western right of way line of Flagstone Drive with the northern right of way line of Cobblestone Drive, 50 foot wide right of way; thence by said intersection by a curve to the right having a radius of 25 feet, an arc distance of 36.3 feet to a point on the northern right of way line of Cobblestone Drive; thence by said right of way line, South 89 degrees 0 minutes 12 seconds West 55.62 feet to a point; thence continuing by said right of way line, by a curve to the right having a radius of 175 feet, an arc distance of 19.92 feet to a point; thence continuing by said right of way line, South 84 degrees 28 minutes 32 seconds West 44.74 feet to a point at the intersection of the northern right of way line of Cobblestone Drive with the eastern dedicated right of way line of Petersburg Road; thence by said intersection, by a curve to the right having a radius of 25 feet, an arc distance of 39.4 feet to a point on the eastern dedicated right of way line of Petersburg Road; File #: 162251 Thence by said dedicated right of way line, North 5 degrees 48 minutes 59 seconds East 74.73 feet to a point on said dedicated right of way line, the point and place of beginning. BEING designated Lot 27 on plan of lots for Cobblestone Estates, Sheet No. 2, recorded in Cumberland County, PA, Plan Book 70, Page 130A. PARCEL NO:40-24-0758-218 PROPERTY BEING: 1 COBBLESTONE DRIVE File #: 162251 VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 9/"/"?' L C r 3 cr? t? SHERIFF'S RETURN - REGULAR CASE NO: 2007-05626 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN HOME BANK NA VS KAUFFMAN STEVE A KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KAUFFMAN STEVE A the DEFENDANT , at 1440:00 HOURS, on the 10th day of October , 2007 at 1 COBBLESTONE DRIVE CARLISLE, PA 17013 by handing to HEATHER KAUFFMAN 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 Service Affidavit Surcharge 1013 i N I Q,,,, 18.00 4.80 .00 10.00 .00 So Answers: R. Thomas Kline 10/11/2007 PHELAN HALLINAN SCHMIEG By: 32.80 Sworn and Subscibed to before me this day of , A. D. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AMERICAN HOME BANK, N.A. 3840 HEMPLAND ROAD MOUNTVILLE, PA 17554-1500 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. STEVE A. KAUFFMAN 1 COBBLESTONE DRIVE CARLISLE, PA 17013 Defendant(s). CIVIL DIVISION NO. 07-5626-CIVIL-TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against STEVE A. KAUFFMAN, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $ 125,597.70 Interest from 09/26/07 to 11/15/07 $ 1,160.25 TOTAL $ 126,757.95 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rulp237.1, copy attached. r 4DANIEL G. SCHMIEVi, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: It L 5 O PROTHY 162251 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 56 i-7000 AMERICAN HOME BANK, N.A. : COURT OF COMMON PLEAS Plaintiff Vs. STEVE A. KAUFFMAN Defendants TO: STEVE A. KAUFFMAN 1 COBBLESTONE DRIVE CARLISLE, PA 17013 DATE OF NOTICE: OCTORF.R 310 2007 :NO. 07-5626 CIVIL TERM Py P/1 r ? THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU 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 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff CIVIL DIVISION CUMBERLAND COUNTY PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AMERICAN HOME BANK, N.A. 3840 HEMPLAND ROAD Plaintiff, V. STEVE A. KAUFFMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5626-CIVIL-TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEVE A. KAUFFMAN is over 18 years of age and resides at, 1 COBBLESTONE DRIVE, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. w ANIEL G. S MIEG, Attorney for Plaintiff 1 C-) ° C7 Q Q +, 17 IE- rrMM r • . • (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN HOME BANK, N.A. 3840 HEMPLAND ROAD Plaintiff, v. STEVE A. KAUFFMAN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5626-CIVIL-TERM Defendant(s). lip r two NIEL G. S CG, ESQU Attorney for Plaintiff ONE PENN CENTER AT SUBU N STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Notice is given that a Judgment in the above-captioned matter has been entered against you on 1'hv. a) , 200'X. By: DEPUTY oK/J If you have any questions concerning this matter, please contact: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 AMERICAN HOME BANK, N.A. Plaintiff, V. STEVE A. KAUFFMAN Defendant(s). No. 07-5626-CIVIL-TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/16/07 - 03/05/08 (per diem -$20.84) Add'l Costs TOTAL $ 126,757.95 $ 2,313.24 and Costs $-1-,.396.50 $130,467.69 ,'?-/1 i I i" NIEL G. SCHMIEG, E Q IRE 9n1e Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 162251 ?V t[v?Jp? 1 w? oz? 0 d? W a? z 0a o? Uz W. ?D 00 ?z o? w W z? O d z z? d w x w 7 z w w N z O 0-4 U ? w? O? (? L O w bA of w? w a B? 0o m O t? a V w O Q O .O = s ? P1 P-9 O a 0 y a? CV N N N 140 xy ? ? z ? J ',r r"j Fri (CA DESCRIPTION ALL the following described real estate lying and being situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern dedicated right of way line of Petersburg Road, SR 2001) at the southwest corner of Lot 28 as shown on the above-described subdivision plan; thence by Lot 28, South 84 degrees 11 minutes 1 second East 167 feet to a point on the western right of way line of Flagstone Drive, 50-foot wide right of way; thence by the western right of way line of Flagstone Drive, South 5 degrees 48 minutes 59 seconds West 66.84 feet to a point on the intersection of the western right of way line of Flagstone Drive with the northern right of way line of Cobblestone Drive, 50 foot wide right of way; thence by said intersection by a curve to the right having a radius of 25 feet, an arc distance of 36.3 feet to a point on the northern right of way line of Cobblestone Drive; thence by said right of way line, South 89 degrees 0 minutes 12 seconds West 55.62 feet to a point; thence continuing by said right of way line, by a curve to the right having a radius of 175 feet, an arc distance of 19.92 feet to a point; thence continuing by said right of way line, South 84 degrees 28 minutes 32 seconds West 44.74 feet to a point at the intersection of the northern right of way line of Cobblestone Drive with the eastern dedicated right of way line of Petersburg Road; thence by said intersection, by a curve to the right having a radius of 25 feet, an arc distance of 39.4 feet to a point on the eastern dedicated right of way line of Petersburg Road; thence by said dedicated right of way line, North 5 degrees 48 minutes 59 seconds East 74.73 feet to a point on said dedicated right of way line, the point and place of beginning, containing 0.3657 acres, or 15,931.13 square feet. BEING designated Lot 27 on plan of lots for Cobblestone Estates, Sheet NO. 2, recorded in Cumberland County, Pa., Plan Book 70, Page 130A. THE above-described real estate is the same which Petersburg Road Associates, a Pennsylvania general partnership by deed dated December 6, 2001, and recorded in Cumberland County Deed Book 249, Page 3199, conveyed to Rine and Rine Builders, a Pennsylvania general partnership, the Grantor herein. Premises: 1 Cobblestone Drive, Carlisle, PA 17013 South Middleton Township Cumberland County Pennsylvania PARCEL IDENTIFICATION NO: 40-24-0758-218, Control #: 40003951 TITLE TO SAID PREMISES IS VESTED IN Steve A. Kauffman, by Deed from Rine and Rine Builders, a Pennsylvania General Partnership, having as partners, Darrin G. Rine and Curtis J. Rine, dated 08/15/2002, recorded 08/19/2002, in Deed Book 253, page 1029. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AMERICAN HOME BANK, N.A. Plaintiff, V. STEVE A. KAUFFMAN Defendant(s). . ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5626-CIVIL-TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff J C'? ?v K? v ?, AMERICAN HOME BANK, N.A. Plaintiff, V. STEVE A. KAUFFMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5626-CIVIL-TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) AMERICAN HOME BANK, N.A., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1 COBBLESTONE DRIVE, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name STEVE A. KAUFFMAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 1 COBBLESTONE DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MEMBERS 1sT FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1 COBBLESTONE DRIVE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. November 15, 2007 DATE ? ra G? p 71, :7-1 il C-S? CD SS's -n • ?? f'Y1 r i V -f FT: '-Y ?T3 M AMERICAN HOME BANK, N.A. 4 Plaintiff, V. STEVE A. KAUFFMAN Defendant(s). CUMBERLAND COUNTY No. 07-5626-CIVIL-TERM November 15, 2007 TO: STEVE A. KAUFFMAN 1 COBBLESTONE DRIVE CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 1 COBBLESTONE DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 126,757.95 obtained by AMERICAN HOME BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ' ALL the following described real estate lying and being situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern dedicated right of way line of Petersburg Road, SR 2001) at the southwest corner of Lot 28 as shown on the above-described subdivision plan; thence by Lot 28, South 84 degrees 11 minutes 1 second East 167 feet to a point on the western right of way line of Flagstone Drive, 50-foot wide right of way; thence by the western right of way line of Flagstone Drive, South 5 degrees 48 minutes 59 seconds West 66.84 feet to a point on the intersection of the western right of way line of Flagstone Drive with the northern right of way line of Cobblestone Drive, 50 foot wide right of way; thence by said intersection by a curve to the right having a radius of 25 feet, an arc distance of 36.3 feet to a point on the northern right of way line of Cobblestone Drive; thence by said right of way line, South 89 degrees 0 minutes 12 seconds West 55.62 feet to a point; thence continuing by said right of way line, by a curve to the right having a radius of 175 feet, an arc distance of 19.92 feet to a point; thence continuing by said right of way line, South 84 degrees 28 minutes 32 seconds West 44.74 feet to a point at the intersection of the northern right of way line of Cobblestone Drive with the eastern dedicated right of way line of Petersburg Road; thence by said intersection, by a curve to the right having a radius of 25 feet, an arc distance of 39.4 feet to a point on the eastern dedicated right of way line of Petersburg Road; thence by said dedicated right of way line, North 5 degrees 48 minutes 59 seconds East 74.73 feet to a point on said dedicated right of way line, the point and place of beginning, containing 0.3657 acres, or 15,931.13 square feet. BEING designated Lot 27 on plan of lots for Cobblestone Estates, Sheet NO. 2, recorded in Cumberland County, Pa., Plan Book 70, Page 130A. THE above-described real estate is the same which Petersburg Road Associates, a Pennsylvania general partnership by deed dated December 6, 2001, and recorded in Cumberland County Deed Book 249, Page 3199, conveyed to Rine and Rine Builders, a Pennsylvania general partnership, the Grantor herein. Premises: 1 Cobblestone Drive, Carlisle, PA 17013 South Middleton Township Cumberland County Pennsylvania PARCEL IDENTIFICATION NO: 40-24-0758-218, Control #: 40003951 TITLE TO SAID PREMISES IS VESTED IN Steve A. Kauffman, by Deed from Rine and Rine Builders, a Pennsylvania General Partnership, having as partners, Darrin G. Rine and Curtis J. Rine, dated 08/15/2002, recorded 08/19/2002, in Deed Book 253, page 1029. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-5626 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN HOME BANK, N.A., Plaintiff (s) From STEVE A. KAUFFMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $126,757.95 L.L.$ 0.50 Interest from 11/16/07 - 3/05/08 (per diem - $20.84) -- $2,313.24 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $151.80 Other Costs $1,396.50 Plaintiff Paid Date: 11/21/07 Prothonota (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 A. American Home Bank, N.A. VS Steve A. Kauffinan In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-5626 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 247.11 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 4.80 Levy 15.00 Surcharge 20.00 Share of Bills 16.17 n '/" Ift $ 350.58 ? So Answers: R. Thomas Kline, Sheriff BY Real Estate rgeant `a SD CA G d vs' A,, do ?G r w AMERICAN HOME BANK, N.A. Plaintiff, v. * - -"'STEVE A. KAUFFMAN Defendant(s). AMERICAN HOME BANK, N.A. , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,1 COBBLESTONE DRIVE, CARLISLE. PA 17013. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVE A. KAUFFMAN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-5626-CIVIL-TERM 1 COBBLESTONE DRIVE CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: . Name Last Known Address (if address cannot be reasonably ascertained, please indicate) t . MEMBERS 1sT FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 1 COBBLESTONE DRIVE CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. November 15, 2007 DATE , ES ttorney for Plaintiff AMERICAN HOME BANK, N.A. Plaintiff, V. STEVE A. KAUFFMAN Defendant(s). CUMBERLAND COUNTY No. 07-5626-CIVIL-TERM November 15, 2007 TO: STEVE A. KAUFFMAN 1 COBBLESTONE DRIVE CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 1 COBBLESTONE DRIVE, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on MARCH 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $ 126,757.95 obtained by AMERICAN HOME BANK, N.A. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE ' To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 56. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE , A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL the following described real estate lying and being situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a point on the eastern dedicated right of way line of Petersburg Road, SR 2001) at the southwest corner of Lot 28 as shown on the above-described subdivision plan; thence by Lot 28, South 84 degrees 11 minutes 1 second East 167 feet to a point on the western right of way line of Flagstone Drive, 50-foot wide right of way; thence by the western right of way line of Flagstone Drive, South 5 degrees 48 minutes 59 seconds West 66.84 feet to a point on the intersection of the western right of way line of Flagstone Drive with the northern right of way line of Cobblestone Drive, 50 foot wide right of way; thence by said intersection by a curve to the right having a radius of 25 feet, an arc distance of 36.3 feet to a point on the northern right of way line of Cobblestone Drive; thence by said right of way line, South 89 degrees 0 minutes 12 seconds West 55.62 feet to a point; thence continuing by said right of way line, by a curve to the right having a radius of 175 feet, an arc distance of 19.92 feet to a point; thence continuing by said right of way line, South 84 degrees 28 minutes 32 seconds West 44.74 feet to a point at the intersection of the northern right of way line of Cobblestone Drive with the eastern dedicated right of way line of Petersburg Road; thence by said intersection, by a curve to the right having a radius of 25 feet, an arc distance of 39.4 feet to a point on the eastern dedicated right of way line of Petersburg Road; thence by said dedicated right of way line, North 5 degrees 48 minutes 59 seconds East 74.73 feet to a point on said dedicated right of way line, the point and place of beginning, containing 0.3657 acres, or 15,931.13 square feet. BEING designated Lot 27 on plan of lots for Cobblestone Estates, Sheet NO. 2, recorded in Cumberland County, Pa., Plan Book 70, Page 130A. THE above-described real estate is the same which Petersburg Road Associates, a Pennsylvania general partnership by deed dated December 6, 2001, and recorded in Cumberland County Deed Book 249, Page 3199, conveyed to Rine and Rine Builders, a Pennsylvania general partnership, y the Grantor herein. Premises: 1 Cobblestone Drive, Carlisle, PA 17013 South Middleton Township Cumberland County Pennsylvania PARCEL IDENTIFICATION NO: 40-24-0758-218, Control #: 40003951 TITLE TO SAID PREMISES IS VESTED IN Steve A. Kauffman, by Deed from Rine and Rine Builders, a Pennsylvania General Partnership, having as partners, Darrin G. Rine and Curtis J. Rine, dated 08/15/2002, recorded 08/19/2002, in Deed Book 253, page 1029. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-5626 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN HOME BANK, N.A., Plaintiff (s) From STEVE A. KAUFFMAN (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $126,757.95 L.L.$ 0.50 Interest from 11/16/07 - 3/05/08 (per diem - $20.84) -- $2,313.24 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $151.80 Other Costs $1,396.50 Plaintiff Paid Date: 11/21/07 (Seal) Pr thonota By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone : 215-896-7000 Supreme Court ID No. 62205 Real Estate Sale #62 On November 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 1 Cobblestone Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 29, 2007 By. Real Estate Sergeant PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 American Home Bank, N.A. Steve A. Kauffman Plaintiff VS. Defendant(s) PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division Cumberland County : No. 07-5626-C.T. Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. J U Date: 1;4/s Francis S. Halli an, Esquire Attorney for Plaintiff PHS# 162251 qN,