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Home My WebLink About08-3341PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 %/ LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 178870 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. GREGORY A. KENNEDY STACEY E. KENNEDY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0$-33y/ civil 1" CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 178870 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 #: 178870 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 File #: 178870 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 178870 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: GREGORY A. KENNEDY STACEY E. KENNEDY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/22/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICAN HOME BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1881, Page 3218. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 02/01/2008 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 #: 178870 6. The following amounts are due on the mortgage: Principal Balance $304,742.63 Interest $7,992.00 01/01/2008 through 05/28/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $303.39 09/22/2004 to 05/28/2008 Cost of Suit and Title Search 550.00 Subtotal $314,838.02 Escrow Credit ($889.56) Deficit $0.00 Subtotal 889.56 TOTAL $313,948.46 7 8. If the mortgage is reinstated prior to a Sheriffs 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 Sheriffs 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 #: 178870 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) hasihave 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 $313,948.46, together with interest from 05/28/2008 at the rate of $54.00 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. AN & SCHMIEG, LLP -LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE 02 LAUREN R. TABAS, ESQUIRE 7-1337 VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File 4: 178870 iv?' ASS Os-z"""" 1111k1p • g1pill ROBEPT P. ER RECORDER OF DEEDS CUMBERLAND COUNTY-,RI 2004 SEP 22 PIS 2 15 Prepared By: LIZ THOMAS Parcel Number: 40-10-636-402 OCT 0 8 2004 Return To: AMERICAN HOME BANK, N.A. 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604-4454 [Space Above 71* Line For Recording Dalai MORTGAGE MIN 100325200000811663 ti 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) "Security Instrument" means this document, which is dated SEPTEMBER 22, 2004 together with all Riders to this document. ' (B)"Borrower"is GREGORY A KENNEDY, and STACEY E KENNEDY, Husband and Wife Borrower is the mortgagor under this Security Instrument. (C) "M M" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the (mortgagee under this Security lnstrutnent. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MFRS. PENNSYLVANIA - Single Family - Farmie Mae/Freddie Mac UNIFORM INSTRUMENT WrtH MFRS Form 3039 1101 C -SA(PAI (0206) r/'d Pape i of 16 Udtia(s: v '7 V 1? VMP MORTGAGE FORMS - 1800)521.7291 VV IBM XS48 (OS/10/20041 LOAN ID: 0000081166 0 BN1881PG321g ?T? (D) "Leader" is AMERICAN HOME BANK, N.A. Leader is a NATIONAL ASSOCIATION 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 (E) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 22, 2004 The Note states that Borrower owes Lender THREE HUNDRED TWENTY THOUSAND AND N01100 (U.S. $ 320, 000.00 ) plus interest. Borrower has promised to pay this debt in re Dollars Payments and to pay the debt in full not later than OCTOBER 01, 2034 ?? Periodic (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (G) "Loan" 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. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]. ? Adjustable Rate Rider ? Condominium Rider Balloon Rider ? P)? Unit Development Rider ? Second Home Rider ? VA Rider ? Biweekly Payment Rider ? 1-4 Famr Rider Other(s) [y [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect St law) as well as all non-appealable judicial opinions, applicable final, () "Community Association Dues, Fees, and Assessments" a dues, fees, assessments and other charges that are imposed on Borrower or the Pro means association or similar organization. PAY by a condo ominium association, homeowners (Iq "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated throw instrument, computer, or magnetic t through an electronic teinsti ut telephonic ape so as to order', instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (K "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or by any third party (other than insurance proceeds paid under the coverages described in Section 5) for ( ) 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 o value and/or condition of the Property. missions as to, the the I.Mano.M? '"MOW' means Insurance Protecting Lender against the nonpayment of, or default on (O) "Periodic Payment" means the regularly scheduled amount due for i Note, plus (ii) any amounts under Section 3 of this Securi () principal and interest under the tY instrument. (04AIPA1 (0206) irit) : ?A/t `Er'a Pegs 2 of 16 Form 3039 7/07 M549 (05/10/2004) LOAN ID: 0000081166 BK1881PG3219 a (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: 0) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY [Type of Recording Jurisdiction) of CUMBERLAND [Name of Recording Jurisdiction]; SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 213 SHIRLEY LANE BOILING SPRINGS [Sweet) ("Property Address"): [City], Pennsylvania 17007 [zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, easements, appurtenances, and fixtures now or hereafter a part of the property. All rep and all additions shall also be covered by this Security Instrument All of the foregoing [aceatettts and in is Security Instrument as the "Property." Borrower understands and agrees that MFS holds only lega l title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 40 -6A(PA) fo2o6) Ia tlam:64 dr ® Pape 3 of 16 Form 3039 1/01 K550 (05/10/2004) LOAN ID: 0000081166 BY( ! 881 PG322-0 1$?? ? BORROWER COVENANTS that Borrower is lawfully selsed of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and bender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by bender: (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, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, 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 scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds 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 funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Under shall relieve Borrower from the Note and this Security Instrument or performing the covenants and a making payments due under Instrument. agreements secured by this Security 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority; (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any retraining 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 Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any )ate charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any Payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 40-satrat to2oei trwt ws: (;4.4,- "t- ', Pape 4 of 16 Form 3039 1/01 X551 (05/10/2004) LOAN ID: 0000081166 BK1881PG322. ?; ° can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to bander on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a 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 S; and (d) Mortgage insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to 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 been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shalt for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the a rnaunt due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender 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 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future 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 Lender, 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 Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest S 1? ®-6AIPAl 0205h ,nitia1w CA A- Pays 5 of to Form 3039 1101 M552 (05/10/2004) LOAN ID: 0000081166 UR1881PG3222 shall be paid on the Funds. Lender shall give to Borrowe Funds as required by RESPA. r, without charge, an annual accounting of the 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 under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to bender 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, Lender shall promptly refund to Borrower any Funds held by Lender. 4- Charges; Liens. 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 items are Escrow Items, Borrower shall Pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien 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 lien. 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 set 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 Lender in 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 Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender 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 Lender'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 certification. 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. -6A(PA) 10206} ® Pap 6 of 16 Form 3039 1/01 US-53 (05/10/2004) LOAN ID: 0000081166 BK 1881 PG3223 eoea06 If Borrower fails to maintain any of the coverages described above, Lender 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 not protect Borrower, Borrower's equity in the Property, Under, but might or might or the contents of the property erage dun wasp viousl hazard or liability and might provide greater or lesser cov y in ' effect. against any risk, 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 Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Under 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 Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise r by Lender, equired damage to, or destruction of, the Property, such policy shall include a standard mocause 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. Lender 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 Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Leader shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress 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, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third allies, 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 irance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. 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 Leader may negotiate and settle the claim. The 30-da period will begin when the notice is given. In either event, or if Lender acquires the Property y under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insrance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument (b) any other of Borrower's rights (other than the right to any refund 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. 40-6A(PA) m2oai mmw: `'P/C Page 7 01 16 Form 3039 1101 MS54 (05/10/2004) LOAN ID: 0000081166 BK 1881 PG32241? 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection 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 damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the property only if bender 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 pays as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender 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 Instrument. 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 Lender'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 a lien which may attain priority over this Security Instnrment 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 Instrument, including protecting and/or assessing the value of the Property, arrd securing and/or repairing the Prop?y. Lender's actions can include, but are not limited to: (a) paying any sums secured by a len 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. Securing the property includes, but is not limited to, entering the Property to make 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 Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or atl actions authorized under this Section 9. 4D-BA(PA) m2oe) Idt;da: se )() Pages or is Form 3039 1/01 M555 (05/10/2004) LOAN ID: 000008116 013 8R1881P63225 Any amounts disbursed by Lender tinder this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, payment. with such interest, upon notice from Lender to Borrower requesting . 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 Fender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making 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 Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially 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 effect. Lender 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. Lender can no longer require toss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender requited Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender 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 rate provided in the Note. Mortgage Insurance reimburses Lender (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 enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms 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 reinsures, any other entity, or any 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 takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other tears of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. ,,kip: ?^I/t 5- -6A(PAf ro2o6j aao.9 of 18 ?` Form 3039 1/01 ??° j`-t, M555 (05/IO/a004I LOAN ID: 00000811665 F DR1881PG3226 (b) Any such ogre ments will not affect the rights Borrower has - if an Mortgage Insurance under the Homeowners Y - with respect ri the may include the Protection Act of 1998 or any other. taw. These rights Mo a e tight to receive certain disclosures, to request and obtain cancellation of the rtg g hmuunce, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage insurance premiums that were unearned at the time of such termination. cancellation or 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous assigned to and shall be paid to Lender. Proceeds are hereby If the Property is damaged, such Miscellaneous Proceeds the Property, if the restoration or repair is economically ible and ceders ?ri restoration or repair of 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 been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender ma repairs and restoration in a single disbursement or in a series of progress pa may pay for the completed. Unless an agreement is made in writing or Applicable Law requires interestnto be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or Miscellaneous Proceeds. If the restoration or earnings on such repair is not economicall be lessened, the Miscellaneous Proceeds shall be applied to the sums secured y feasible or this Lender's Security Inty Initstrr would whether or not then due, with the excess, if any el ument, applied in the order provided for in Section 2. any, paid to Borrower. Such Miscellaneous proceeds steal) be In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial caking, 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 market 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 loss in value of the Property in which the fair market value of the Property immediately before the partial taking, 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 Lender otherwise agree in writing, the Miscellaneous 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 Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for Borrower fails to respond to Lender within 30 days after the date the notice is given damages, , Lend to collect and apply the Miscellaneous Proceeds either to restoration or repair of the er is authorized sums secured by this Security Instrument, whether or not then due. "Opposing Party" ns the or to the Property that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has right f third regard to Miscellaneous Proceeds. n in Borrower shall be in default if any action or proceeding, whether civil or criminal Lender's judgment, could result in forfeiture of the Property or other material i , is begun that, in interest in the Property or rights under this Security Instrument. Borrower can cure such a defaultRand, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 4D-6AIPA) (0206) inaiais: (4#,V- SO( Pace o or 6 Form 3039 1 /01 M557 (05/10/2004) LOAN 1D: 0000081166 BK 18 8 1 PG3227 ?,?OIN 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 Securi I. of any award or claim for damages that are attributable to the i ai ty n's interest The pis are hereby assigned and shall be paid to Lender. rment of Lender's int in the Property Property All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instroment granted by Lender to Borrower or any Successor in Interest of Borrower shalt 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 refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender'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 right or remedy. 13. Joint and Several Liability; Co-signers, Successors and and agrees that Borrower's obligations and liability shall be joint and several. However, an Borrower who co-signs this Security instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's terms of this Security Instrument; (b) is not pay interest in the Property under the Instrument; and (c) agrees that Lender and personally Borrower caanay ethe e stuns secured by this Security make any accornmodations with regard to the terms of this Security IIns?trutmernt for the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security instrument, including, but not limited to, attorneys' fees, property inspection and valuation 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 maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the 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. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any payment 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 -6A(PA) 102oe? lnhkrr. CP Pape 11 at 16 Form 3039 1101 M558 (05/10/2004) LOAN ID: 0000081> 6cj OK1881PG3228 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 Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Levier until actually Law, the cable received bAPLenderr. If any Law notice required by this Security Instrument is also required under Applicable Instrument. requirement will satisfy the corresponding requirement under this Security 16. Governing Law; Severobility; Rules of Construction, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree ylcontrac orit might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument 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 fetminine gender; (b) words in the singular shall mean and iancclludd et hhee?plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to an. 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 Beneficial Interest in Borrower. As used in this Section 18, "interest in the Property" means any legal or beneficial interest in the Property, to, those beneficial interests transferred in a bond for deed, contract fordeed, installment saes con??ted escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or 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 Lender 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 must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement 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 instrument; (b) such other period as Applicable Law might Borrower's right to reinstate; or (c) entry of a l'uspecify for the termination of conditions are that Borrower: (a) pays Lender all sums enforcing teo would be duet' Instrument. Those Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 4Q-6A(PA) ro206f fNriais: 641c- Sip)( Pace 12 of 16 Form 3039 1/01 M559 (05/10/2004) LOAN ID: 0000081166 ?1? 101111% 188 1 P63229 ?w ? agreements; (c) pays all expenses incurred in enforcing this Security Insttuunent, including, but not limited to, reasonable attorneys' fees, Property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the property and rights under this Security Instrturtent; and ) takes such action as Lender may reasonably require to assure that rights under this Securi Lender's interest in the Property a(dd n ty Instnrnlerat, and ewer's obligation to pay the sums secured by this Security Instnunent, 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, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer. Notice of Grievance, 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 We might result in a change in the entity ()mown as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the Borrower will purchaser of the Note, the mortgage loan servicing obligations remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may cornrnence, 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 art has breached reason of, this Security instrtMM, until such Borrower or Lender has no ified thefother a duty owed by with notice given in compliance with the requirements of Section 15) of such alleged breach and affordedththe other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and oPportunity to cure given 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. fh=rdouss Substances. As used in this Section 21: (a) "Hazardous Substances" are those fo sub Oos g substances.. toxic or hazardous substances, pollutants, or wastes by Environmental Law and the gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials 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 Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" Mears a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. ®®6A(PA) roses, 60 4/-- S F? Pape 13 of 16 Form 3039 1/01 M560 (OS/10/2004) LOAN ID: 0000081] 0-", BK1881PG3230 Substances Borrower threaten h lnot cause or to lease an the pace' use, disposal, storage, or release of any Hazardous nor allow anyone else to do, arr any Hazardous Substances, on or in the Property. Borrower shall not do, ything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental 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 two sentences shall not apply to the presence, use, or storage on the pro Pert Propel' small The preceding Hazardous Substances that are generally recognized to be l es quantities of maintenance of the Pm appropriate to normal residential uses and to perry (including, but not limited to, hazardous substances in consumer Borrower' shall promptly give Lender written notice of (a) any investigation, claim, del and, lawsuit or other action by any governmental or regulatory agency or rivate party Hazardous Substance or Environmental Law of wh h Croinvanol?g?wledge,y and any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat f release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and ssanld of the Property. Lender shall further Inform Borrower of the right to reinstate after acceleration a the right to assert in the foreclosure proding non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If tthe he default is not cured as specified, Lender at its option may require immediate payment in full of aH sums secured by this Security instrument without further demand and may foreclose this Security Instrument by judicialproceeding. shall be entitled to collect alt expenses incurred in pursuing the remedies wded ' Section 22 Lender including, but not limited to, attorneys' fees and costs of title evidence to the extenttppermitted 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 became void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, 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 extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one our rep nr. to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security h Instru 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 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. (D.®6AIPA) to2w) lwpoh: C ? Ar_ 'N) roo@ 14 of i e Form 3039 1/01 M561 (05/10/2004) LOAN ID: 0000081166 nu1881PG323=1 BY SIGNING BELOW, Borrower accepts and agrees 10 the term and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: ?REOR A ?NNEDY -Borrower STACEY E 4NNED (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (= 6AIPA) MOM Pne 15 of 16 Form 3039 1101 M562 (05/10/2004) LOAN ID: 0000081166 BK1881PG3232 Certificate of Residence I, LIZ THOMAS the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 485012026. by certify that Witness my hand this 22nd day of SEPTEMBER 2004 Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, clox. 6 0, / County ss: On this, the A? w? ' day of ?P4-4 h" &C r-- undersigned officer, personally appeared L- , before me, the satisfactorily proven) to be the person(s) whose name known to me (or (s) is/are subscribed to the within instrument a4 acknowledged that he/she/they executed the same for the purposes herein contained. ?1??59N+urt 4d IN WITNESS WHEREOF, I hereunto set my hand and official seal. . •??.•..."fop My Commission Expires:.. Now W Seal sle D. Naybr public sle B + ct 2a'"zty ,. ` EMM )3apira O Title of aI (DVAlPA) 102tf8) wriau: (S1? t C-e Pape 8 of 16 Form 3039 1101 H563 (05/10/2004) LOAN ID: 0000081166 BK1881P63233 `' LEGAL DESCRIPTION ALL that cettgn !tact of laud situate in South Mddletaat TownsbiA Cumberland County. Pennsylvania. and mort pardculariy idcodf od as follows: LOT NO. 98 on the Final ISUMvision Plan of LIVDTAN IM U • SECTION III, recorded in the Ofee of the Recorder ofDaxla in fled forCumberlond Comity, paenaylvaaia, in Plan Book 86, Page 126, et seq.. BeTNN a at a poilff on die $out = right of Vay Jim of Shirley 1AM0 (a 60 feet wide ftM of way) at thepouat cite dividing lino babnen LotNo. 98 and LotNa. 99 of the o bra noationedplan; thence along tmid Shtriay Lane (a.60 feet wide light of way), NOM 86 deg" 41 mh?utea 44 seconds East a ditttawe of 102.42 feet to a point at the comer of Lot No. 97 and Lot No. 98 of the atorreaentionM Plan. thence slang fire divft tine between Lot No. 97 end Lot No. 98, South 03 degrees 18 rnimttea 16 aeeoads Fast o &AtI ce of 149.29 feet to a point at the cute4eaion of Lot No. 85, Lot No. 97 and Lot No. 98 of the afvrerintioAed Plan; them* along the dividing line batween L.ot No. 85, Lot No. 97 and Lost No. 89, South 89 degrees 30 ttwrotea 23 saootada what a distance of 142.56 feet to a point ax the intersection of Lot No. 84, Lot No. 98 and Lot No. 99 of the afo ==doncd Plum; thenaa along the div a WS line botwoaa Lot No, 9$ fled Lot No. 99, NW A 03 degtm 18 minutes 16 sew.-de west a diStAnce of 143.66 foot to it point on the Southern right ofwsy line of Shirley LOO (a 60 feet wide right of way), the point and place of BPGMING. CONTAMG 15,000.19 squaw feat. LOT No. 98 is oubject to all associated d*ta and previsions ofa 30 felt wide Storm Drainage t LOT No. 98 is subject to all applicable notadoaa and conditions an forth by final subdivision plan approval of Indian Mlls, Section No. M. LMBR AXD SV=CT, NEVFRTHELEW, to tbo coAafitinna, re icriw? ?d caseate asnoted .. on the bwndnabove Mentitmod Final Subdivision Plan; AND SUBJECT, FCIRTIM to the DeclMon of ?wt=dvc Gov=M Conditim & ReWcdon8 AtId Reeerv8tfM Yet' sadd Final SubdMaion Plan dated Jutte 16, 2003, and moorded on July 1. 2o03 in the O$loe of the Reader ofDeeda, afaarsaid, in Mac. Book 0698, Page 4900, iz eluding but not timdted to; i Certify this to be recorded In Cumberland County Ply Co 4 r si=lc Recorder of Deeds 6K1881PG323% i LEGAL DESCRIPTION (continued) (1) Wbemeoydwell ugiscomtnwtedoathehaeindesaibedlot,priortooccVW the bur tm latcr dm theca (3) Yeas after the date of aetelMW for the within conveyance or the date reguised by the Tawmbip puMM to tltc abovc-rahmaced I subd'vUio" oVll Paceas. wbicbever event shall fim oom. the said Orantoa(si beers, sumissors and udiM, uhxll intstsll Pout (4') feet wide Migrate sIidfwa11& (maiudigl; handicap access sidew.allts at iate rmectioas) in accordance with South Mdclletm Township regulation and standards; and (2) All DridnW Eaz xaewta and Storm WaterMamwi meat Roquiseaoeatr applicable to the herein described lot and dean W an wd Find Subdivision Plan. i BEING THE SAME PREMISES which Dickinson Estates, a partnership consisting of Donald kr Group, Wilbert L. Diehl and George L. Ebener, by Deed dated February 23, 2004 and recorded February 23, 2004, In the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Book 261, Page 3869, granted and conveyed unto Herbert G. Weaver, married man, his heirs and assigns. buI PG3235, i :Yx i LEGAL DESCRIPTION LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN South MIDDLETON TOWNSHIP IN THE COUNTY OF CUMBERLAND, AND STATE OF PA AND BEING DESCRIBED IN A DEED DATED 09/22/2004 AND RECORDED 09/22/2004 IN BOOK 265 PAGE 1789 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: ALL THAT CERTAIN TRACT OF LAND AND THE IMPROVEMENTS THEREON SITUATE IN South MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING Lot NO. 98 AS SHOWN ON THE FINAL SUBDIVISION Plan OF INDIAN HILLS-SECTION III, RECORDED IN THE OFFICE OF RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN Plan BOOK 86, PAGE 126, ET. SEQ.; AS MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE Southern RIGHT OF WAY LINE OF SHIRLEY LANE (A 60 FEET WIDE RIGHT OF WAY) AT THE POINT OF THE DIVIDING LINE BETWEEN Lot NO. 98 AND Lot NO. 99 OF THE AFOREMENTIONED Plan; THENCE ALONG SAID SHIRLEY LANE (A 60 FEET WIDE RIGHT OF WAY), North 86 DEGREES 41 MINUTES 44 SECONDS East A DISTANCE OF 102.42 FEET TO A POINT AT THE CORNER OF Lot NO. 97 AND Lot NO. 98 OF THE AFOREMENTIONED Plan; THENCE ALONG THE DIVIDING LINE BETWEEN Lot NO. 97 AND Lot NO. 98, South 03 DEGREES 18 MINUTES 16 SECONDS East A DISTANCE OF 149.29 FEET TO A POINT AT THE CUTE- SECTION OF Lot NO. 85, Lot NO. 97 AND Lot NO. 98 OF THE AFOREMENTIONED Plan; File #: 178870 THENCE ALONG THE DIVIDING LINE BETWEEN Lot NO. 85, Lot NO. 97 AND Lot NO. 89, South 89 DEGREES 50 MINUTES 23 SECONDS West A DISTANCE OF 102.56 FEET TO A POINT AT THE INTERSECTION OF Lot NO. 84, Lot NO. 98 AND Lot NO. 99, North 03 DEGREES 18 MINUTES 16 SECONDS West A DISTANCE OF 143.66 FEET TO A POINT ON THE Southern RIGHT OF WAY LINE OF SHIRLEY LANE (A 60 FEET WIDE RIGHT OF WAY), THE POINT AND PLACE OF BEGINNING. CONTAINING 15,000 SQUARE FEET. PARCEL NO. 40-10-0636-402 PROPERTY BEING: 213 SHIRLEY LANE File #: 178870 VERIFICATION I hereby state that I am the 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 I am 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 my 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 unsworn falsifications to authoriti ttorney for DATES O 1 ,- r_a r? c: _-t a O Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 715-563-7000 WELLS FARGO BANK, NA Plaintiff VS. GREGORY A. KENNEDY STACEY E. KENNEDY Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL, DIVISION CUMBERLAND COUNTY No. 08-3341 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: June 5, 20OR PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jjn, Svc Dept. File# 178870 4* 0- c? r -v e-? p i i c N '1 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff VS. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3341 CIVIL TERM GREGORY A. KENNEDY CUMBERLAND COUNTY STACEY E. KENNEDY Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP ey for aintiff Attorn By: ?;. Fr s S. Hallinan, Esquir Date: 6/19/08 PHS #: 178870 ,06 VERIFICATION Nicole Miles hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK, N.A., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. t 'U"O' Na e: Nico e Miles DATE: 05/30/2008 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. Loan:0632711479 File #: 178870 A PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff VS. GREGORY A. KENNEDY STACEY E. KENNEDY Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3341 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: GREGORY A. KENNEDY STACEY E. KENNEDY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: - Fr is S. Hallinan, Esquire Date: 6/19/08 r-? ? t: ._.? r ? ?.;, ; w , _`°? ? ? ?? ?? (.,' t SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03341 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS KENNEDY GREGORY A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KENNEDY GREGORY A but was unable to locate Him in his bailiwick. He therefore returns the flnMDT.A TWr _ MnD'T VnDV NOT FOUND , as to the within named DEFENDANT KENNEDY GREGORY A 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 GIVEN ADDRESS APPEARS TO BE VACANT. Sheriff's Costs: So answer f? Docketing 18.00 Service 6.00c`.... Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 00 ry?lU?bF 39.00 PHELAN HALLINAN SCHMIEG 07/14/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03341 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS KENNEDY GREGORY A ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KENNEDY STACEY E but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 KENNEDY STACEY E GIVEN ADDRESS APPEARS TO BE VACANT. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 So answ ?. R. T camas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMEIG 07/14/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03341 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS KENNEDY GREGORY A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT KENNEDY GREGORY A but was unable to locate Him deputized the sheriff of YORK serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On July 14th , 2008 this office was in receipt of the attached return from YORK Sheriff's Costs: So answer" Docketing 6.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kline Postage 2.53 Sheriff of Cumberland County nn 2 7. 5 3 ? C?, , '7?/G`0 F 07/14/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of to wit: in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03341 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS KENNEDY GREGORY A ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: KENNEDY GREGORY A but was unable to locate Him deputized the sheriff of YORK in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On July 14th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answers --?' Docketing 6.00- ..,- `.. Out of County 9.00 Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 25.00 '711416 F 07/14/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03341 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS KENNEDY GREGORY A ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT KENNEDY STACEY E but was unable to locate Her deputized the sheriff of YORK to wit: in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On July 14th , 2008 , this office was in receipt of the attached return from YORK Sheriff's Costs: So answer -"y Docketing 6.00 Out of County .00 Surcharge 10.00 R. Thomas Klin Postage 3.89 Sheriff of Cumberland County .00 19.89 '71A,167 07/14/2008 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of A. D. PHS# 178870 COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 tl? ej SERVICE CALL. (717) 771-9601 SHERIFF SERVICE INSTRUCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPIES 1. PLAINTIFF/S/ 3 DEFENDANT/S/ 2 COURT NUMBER 08-3341 civil 4. TYPE OF WRIT OR COMPLAINT CIMF, NOTICE SERVE 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD GREGORY A. KENNEDY 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO. TWP. STATE AND ZIP CODE) AT 1564 BALTIMORE PIKE. HANOVER, PA 17331 7 INDICATE SERVICE: U PERSONAL O PERSON IN CHARGE X)MDEPUTIZE tjLfIRT MA and O 1ST CLASS MAIL ? POSTED U OTHER NOW May 3 r 20T I, SHERIFF OF YORK COUNTY, PA, o hereby deputize the sheriff of York COUNTY to execute Jh r imem ake return according to law. This de'utization being made at the request and risk of the plaintiff. SHERIFF OF YOR COUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC6:U T OF CO. Cunberland Please mail return of service to CLanberliand County Sheriff. Thank you. ** ATTEMPT SERVICE AT LEAST 3 TIMES AND 1 TIME AFTER 6PM. ** ADV FEE PAID BY ATTY. NOTE: ONLY APP CABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a wat custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any los , d1pstruction. or removal of an erifrs sale thereof. 9. TYPE 4Rl?SS of ORNEy/ IGNATURE 10. TELEPHONE NUMBER 11, DATE FILED ++.++. visa. izvv • raaJLAJ a. rca 171y,7 I A171-703- / UUU I Ual zal un 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) 5/30/2008 PHELAN HALLINAN & SCHMIEG, LLP CUMBERLAND CO SHERIFF 1617 JFR BLVD STE 1400, PHILADELPHIA P8 193 03 SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW TM LWE 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. M J M C G I L L Y C S O 6-2-2H8 16-29-2008 16. HOW SERVED PERSONANI? RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( OTHER ( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See remarks below.) 18. NAM TITLE OF INDIVIDUAL ERVED I LIST ADDRESS ,?H,,€€RE IF NOT SHOWN AB VE (Relationship to Defendant) 19. Date of Service 20 Time of Service C9•tct..• ?-...?? (-/o-off /:3a 21. ATTEMPTS ate rime Miles 4nt a Time Miles In Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. Date Time Miles Int. C? ?{ l I 1-55" V40 J I 22. REMARKS: 23. Advance IS 24. Service Costs 25 N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due Refund Check No $100.00 '60 l aK, 2?5 ??pp 34. Foreign County Costs 35. Advance Costs 36 Service Costs 37. Notary Cert. 38. ileagelPostage/Not Found 39. Total Costs 40. Costs Due or Refund 19h t 41 AFFIRMED and subscrib d to bel m thi 40 A)S WERS . e e s 42, day of a? N?c ,:2b 9 3? 44. Signature of Dep. Sheriff _ 45. ATE d'^r0A0, . 46. Signature of York 47 GATE _%`,!- County Sheriff :VPUAUC RICHARD I U E SH -19-2008 OUINTY p' 2 2009 48 Signature of Foreign 49 DATE , County Sheriff 50. 1 AC KNOWLEDGE RECEIPT OF THE SHERIFF'S R TU N SIG NATURE s? narc ocrc wcn OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - AKorney 3. CANARY -Sheriffs Office 4. BLUE - Sherdrs Office Vd NWI, I 03A13038 06/11/2008 16:47 FAX Phelan Hallin! & Schmieg, LLP 1617 JFK Boulevard Suite 1400 Philadelphia, eA 19103 Automated Attendant 11215-320.0007, ??iC1y:'v ref r, ?"Et M To: Office of the Sheriff Fax: 717-7714631 ATTN: Marilee From: Jason Ricco Date: 06/11/08 Re: Gregory & Stacey Kennedy Pages: Just this one 08-3341 CIVIL TERM i? ® For Review 0 Please Comment O Please Reply ? Please Recycle Hello. How are you? Please be advised there is no need to serve Gregory a secon e a) ade in your Office on 6/10/08 is sufficient. However, please continue to make se e on Stacey. Thank you for your cooperation and have a great day. ?~.. rn n cn M Yours truly, h -- Jason Ricco For Phelan Hallinan & Schmieg, LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . RECEIVED 06-11-'08 16:38 FROM- TO- York County Sheriff P001/001 facsimile tr"mittal COUNTY OF YORK OFFICE OF THE SHERIFF 45 N. GEORGE ST., YORK, PA 17401 SERVICE CALL (717) 771-9601 SHERIFF SERVICE INSTF WCTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ Wells Fargo Bank NA 3 DEFENDANT/S/ Gregory A. Kennedy 2 COURT NUMBER %10-JJLtl Ulwil 4. TYPE OF WRIT OR COMPLAINT N O T I C E, Notice and Complaint CIMF SERVE 5 NAME OF INDIVIDUAL, COMPANY, CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Gregory A. Kennedy 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE) AT 1564 Baltimore Pike Hanover, PA 17331 7. INDICATE SERVICE O PERSONAL O PERSON IN CHARGE DEPUTIZE &?EBT $.4 ? 1ST CLASS MAIL O POSTED O OTHER NOW June 10 -'20 08 I, SHERIFF OF COUNTY, PA, do hereby deputize the sheriff of York COUNTY to execute this YV return thereof according to law. This deputization being made at the request and risk of the plaintiff., SMFRIFF nF r IN 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE Cumberland Please mail return of service to Cmberland County Sheriff. Thank you. NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11 DATE FILED 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed d notice is to be mailed) SPACE BELOW FOR USE OF THE SF'ERFF - DO NOT WME BELOW THIS IJ* 13. 1 acknowledge receipt of the writ 14. DATE RECEIVED 15 Expiration/Hearing Date or complaint as indicated above. 16. HOW SERVED PERSONAL ( ) RESIDENCE ( ) POSTED( ) POE( ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED / LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTSI Date I Time I Miles I Int. I Date I Time I Miles I Int I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int. I Date I Time I Miles I Int- 22. REMARKS: 23. Advance Costs 24 Service Costs 25 N/F 26. Mileage 27. P 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Coats 33 Costs lhle or Refund Check No 34. Foritign County Costs 35. Advance Costs 36 Service Costs 37Natary Cert. 36. Mileage/PostagefNot Found 39. Total Costs 40 Costs Due or Refund SOIKNSWERS 41. AFFIRMED and subscribed to before me this 44. Signature of 45. GATE 42 day of 20 _ 43 Dep. Sheriff PROTHY / NOTARY 46. Signature of York j 47 DATE County Sheriff 48. Signature of Foreign - 49 DATE County Sheriff 50. 1 ACKNOWLEDGE RECEIPT OF THE SHERIFF'S RETURN SIGNATURE 51 DATE RECEIVED I OF AUTHORIZED ISSUING AUTHORITY AND TITLE 1. WHITE - Issuing Authority 2. PINK - Attorney 3. CANARY - Sheriffs Office 4. BLUE - Sherdrs Office L7772 I I" IT . AAMM I J0 331JAO COUNTY OF YORK 7/1 7)I CE CALL OFFICE OF THE SHERIFF S(R 45 N. GEORGE ST., YORK, PA 17401 SHERIFF SERVICE INSTIMTIONS PROCESS RECEIPT and AFFIDAVIT OF RETURN PLEASE TYPE ONLY LINE 1 THRU 12 DO NOT DETACH ANY COPES 1 PLAINTIFF/S/ 2 COURT NUMBER 08-3341 civil Wells Fargo Bank NA ?t l}? 1.6 3. DEFENDANT/S/ 4 1V RyO ice lan(XOITl?lalilt in s Gregory A. Kennedy et al Mortgage Foreclosure SERVE 5 NAME OF INDIVIDUAL, COMPANY. CORPORATION, ETC TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD Stacey E. Kennedy 6 ADDRESS (STREET OR RFO WITH BOX NUMBER, APT NO, CITY, BORO, TWP, STATE AND ZIP CODE) AT 1564 Baltimore Pike Hanover, PA 17331 7. INDICATE SERVICE O PERSONAL Cl PERSON IN CHARGE DEPUTIZE U CERT MAIL ? 1ST CLASS MAIL U POSTED 0 OTHER NOW June 10, 2008 I, SHERIFF OF LINTY, PA, do hereby deputize the sheriff of York COUNTY to execute this @ a return the f according to law. This deputization being made at the request and risk of the plaintiff., ''?'?'? --- SHERIFF OF OUNTY 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVIC®:U T 0 F C 0 . Cl utlberland Please mail return of service to Cumberland County Sheriff. Thank you. ADV FEE PAID BY ATTY NOTE: ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriffs sale thereof. 9. TYPE NAME and ADDRESS of ATTORNEY / ORIGINATOR and SIGNATURE A U R E N R . T A B A S , E S Q 10. TELEPHONE NUMBER t t DATE FILED ONE PENN CENTER, PLAZA, SUITE 1400, PHILA, PA 19103 215-563-7000 5-30-2008 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW (This area must be completed if notice is to be mailed) CUMBERLAND CO SHERIFF SPACE BELOW FOR USE OF THE SHERIFF - DO NOT WRITE BELOW THIS LM 13. 1 acknowledge receipt of the writ 4. DATE RECEIVED 15. Expiration/Hearing Date or complaint as indicated above. MJ MC G I L L Y C S O t-11-2008 6-29-2008 16. HOW SERVED. PERSONAL( ) RESIDENCE ( ) POSTED( ) POE { ) SHERIFF'S OFFICE ( ) OTHER( ) SEE REMARKS BELOW 17. O I hereby certify and return a NOT FOUND because -I am unable to locate the individual, company, etc named above. (See remarks below.) 18. NAME AND TITLE OF INDIVIDUAL SERVED I LIST ADDRESS HERE IF NOT SHOWN ABOVE (Relationship to Defendant) 19. Date of Service 20 Time of Service 21. ATTEMPTS Dale Time Miles Int. Date Time Miles Int Oate Time Miles Int. Date Time Mites Int. Date Time Miles Int Date Time Miles Int. V?f? ??f Ly 'l I1f? `f? L7 r 0 Lt 1711 5 22. REMARKS PER GREGORY A. KENNEDY EXHUSBAND, STACEY E. KENNEDY LIVES SOMEWHERE IN MARYLAND. HER NAME-IS NOW STACEY E. TURNER. 23. Advance Costs 24 Service Costs 25. N/F 26. Mileage 27 Postage 28. Sub Total 29. Pound 30 Notary 31. Surchg. 32. Tot. Costs 33 Costs Due efund Check No $100.00 .op yo O}`? ?6 . 114,- Foreign County Costs 34. 35. Advance Costs 36 Service Costs 37 Notary Cert 36 MdeagelPostage/Not Found 39 Total Costs 40 Costs Due or Refund 9 i SDt?NBWERS 41. AFFIRMED and subscribed to bef re me thi; 1? t p 7??? ?r 42. day of , 20Qa 43 44. Signature of Dep. Sheriff 45. DATE COMMON WEAl.T reftj+f, (%QTARY H. 46. Signature of York 1 47 DATE County Sheriff N F RICHARD P. KE EBER SHERIFF 7-09-2008 LISA L BO<<"tR ' 48. Signature of Foreign 49 DATE CITY OF Y ; = r _ _ '-'( County Sheriff 5o. I ACK 'rlyE`S 4RIFF-8 R#'rif N SIG NATURE 51 DATE RECEIVED OF A ED ISSUtNG'AA)THORHY AND TITLE 1. WHITE - lsswng Authority 2. PINK - Attorney 3. CANARY - Sheriffs Otfice 4. BLUE - Sheriffs Office r7:j RECEVED . OFFICE OF THE SHERIFF 6 JUN 11 P(1 1 ?I YQRK ?A PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SR.IVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 X215) 563-7000 178870 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. GREGORY A. KENNEDY STACEY E. KENNEDY o r ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O$ -3341 Civi 17erm CUMBERLAND COUNTY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 Defendants ari T? COMP-(;t Copy of the 'IT P ?EYFILE CIVIL ACTION - LAW original filed of recor RE T IN MORTGAGE FORECLOSURE File #: 178870 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 #: 178870 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 File N: 178870 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 178870 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: GREGORY A. KENNEDY STACEY E. KENNEDY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/22/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICAN HOME BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1881, Page 3218. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 02/01/2008 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. Fife N: 178870 6 The following amounts are due on the mortgage: Principal Balance $304,742.63 Interest $7,992.00 01/01/2008 through 05/28/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $303.39 09/22/2004 to 05/28/2008 Cost of Suit and Title Search 550.00 Subtotal $314,838.02 Escrow Credit ($889.56) Deficit $0.00 Subtotal $889.56 TOTAL $313,948.46 7 8. If the mortgage is reinstated prior to a Sheriffs 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 Sheriffs 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 Rersonam 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 #: 178870 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 $313,948.46, together with interest from 05/28/2008 at the rate of $54.00 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. & SCHMIEG, LLP -rAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE q3337 VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 178870 io? 2jS QS2VJ7" owrcZ . 3,oo ROBERT P. ZIEGLER RECORDER OF DEEDS _ CUMBERLAND COUNTY-P,1 2004 SEP 22 Nil 2 15 Prepared By: LIZ THOMAS Padre( Number: 40-10-636-402 OCT 0 8 2004 Return To: AMERICAN HOME BANK. N.A. 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604-4454 (Space Above Ibis Lim For Recording Data] MORTGAGE MIN 100325200000811663 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) "Security Instrument" means this document, which is dated SEPTEMBER 22, 2004 together with all Riders to this document. (B)'Borrower"is GREGORY A KENNEDY, and STACEY E KENNEDY, Husband and Wife Borrower is the mortgagor under this Security Iratru neat. (C) "HERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for bender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. PENNSYLVANIA - Single Family - Fannie Mae)Freddie Mac UNIFORM INSTRUMENT WrTH MERS Form 3039 woo 4 -BA(PA) mmi (/-d Pape I of US VMP MORTGAGE FORMS -1800!521-7291 5 £ ? Emil M548 (05/10/2004) IRAN ID: 0000081166 00 -IN BN1881PG3218 (D) "Leader" is AMERICAN HOME BANK, N.A. Lender is a NATIONAL ASSOCIATION organized and existing tinder the laws of UNITED STATES OF AMERICA Lender's address is 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604-4454 (iv "Note" means the prornissory note signed by Borrower and dated SEPTEMBER 22, 2004 The Note states that Borrower owes Lender THREE HUNDRED TWENTY THOUSAND AND NO1100 Dollars (U.S. $ 320, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 01, 2034 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the I?ler'ty." (G )7 "Loan" 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. (M "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): H Adjustable Rate Rider Condominium Rider El Second Horne Rider Balloon Rider HPlanned Unit Development Rider C] 14 Family Rider [l VA Rider D Biweekly Payment Rider 0 Other(s) (specify) (n "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association 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. (Iq "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 includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. IM) "Miscellaneous Proceeds" means any compensation, settlertnent, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) 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. (1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "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 Instrument. i,?e?: ? A/r. J C ^o 4P-6A1PAl (0206) Page 2of is Form 3039 1/07 X549 (OS/10/2004) LOAN ID: 0000081166 6K 188 1 PG3219 (F) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are unposed in regard to a "federally related mortgage loan' even if the Loan does not qualify as a "federally related mortgage loan" under RE,SPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that parry has assurned Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY [Type of Recording Jurisdiction) of CUMBERLAND [Name of Recording Jurisdiction): SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 213 SHIRLEY LANE BOILING SPRINGS ("Property Address"): [Sorer) [City], Pennsylvania 17007 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and futures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security instrument as the "Property.' Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower to this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. ®-SAIPA) g2o61 Pape3oi 16 Form 3039 1/01 0 H550 (05/10/2004) IRAN ID: 0000081166 R 1-88 1 PG32ZO BORROWER COVENANTS that Borrower is lawfully setsed of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late. Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay fonds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be male 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, instrumentality, or entity; or (d) Qectr+onic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section IS. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan canrYernt. Leander may accept any payment or-partial-Payment. insufficient to bring the Loan current, without-waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, 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 scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan currant. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender 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. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such 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 corder this Security Instrument, and then to reduce the principal balance of the Note. If Lender 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, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment vntlws: 64A,- St t -6A(PA) tow6i Psos 4 of 15 Form 3039 1101 M551 (05/10/2004) LOAN ID: 0000081166 y? 8K1881PG322.1 1 *00 M can be paid in full. To the extent that any excess exists after the payment is applied to the fall 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 prepaym at 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 change the amount, of the Periodic Payments. 3. Funds for Escrow Item. Borrower shall pay to Leader on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security instrument as a 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 Insurame premitmts, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lager may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Leader 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 been waived by Lender and, if Lender requires, shalt furnish to header receipts evidencing such payment within such time period as Lender may require. $orrr_cc,%r s oftation-to-make%"-payments and-to-provide receipts sliali foT all purposes be deed to be a covenant and agreettrent 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, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender 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 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Item 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 Under, if Lender is an institution whose deposits are so insured) or in any Federal Home Doan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified tinder RESPA. Lender shalt not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest ?mt?ela: S IFI( 44WAWA) mom ft" s of to Form 3039 1101 M552 (05/10/2004) LOAN IA: 0000081166 Um 1881PG3222 W0141 lk 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 under 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, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. 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 items are Escrow Items, Borrower shall pay them in the main= provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a man= acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien 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 Securit?r Instrum?ent_If4jender-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 lien. 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 set 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 Lender in 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 Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender 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.subjsc t to Lender'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 certification. 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. 1(ft*: 6'4 /t St k 40 -6A(PA) 10206) PVO 6 of 16 Form 3039 1101 M553 (05/10/2004) LOAN ID: 0000081166 BK 1-881 P63223 ? ??? If Borrower fails to maintain any of the coverages described above, Lender 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 Lender, 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 Lender under this Section 5 shalt become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender 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 Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, 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. Lender 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 Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During suclt_repair_and restoration period, Leander shall have the right to hold-such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress 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, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, 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 Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. 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 Lender 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 Instnunent, and (b) any other of Borrower's rights (other than the right to any refund of unearned premitmts 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. 4M-6A(PA) 402061 Paps 70116 Form 3039 1101 M554 (05/10/2004) LOAN ID: 0000081166 .1 pw BK 1881 PG3224 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection 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 damaged to avoid further deterioration or damage. If insurance or conderrinmion 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 hairs 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 sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender tray 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 Instrument. 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 Lender'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 a lien which may attain priority over this Security Insstnunent 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 Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums 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 Instnument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make 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 Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. 40 -6AIPA) MMi FVO 8 of 16 Form 3039 1101 N555 (05110/2004) LOAN II): 000008?>Vag t7R 1881P632-25 Any amounts disbursed by Lender under this Section 9. shall become additional debt of Borrower secured by this Security instrument. Tbese amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from lender to Borrower requesting payment. If this Security Instrtunent 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 tide shall not merge unless dyer agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shalt pay the premiums required to maintain the Mortgage Insu ance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Leander the anmount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender 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. Lender 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 Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower _was required to -make separately designated payments--toward-the prtu*wft for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender 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 rate provided in the Note. Mortgage Insurance reimburses Lender (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 enter into agreements with other parties that sbare or modify their risk, or reduce losses. 'these agreements are on terms 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 reinsurer, any other entity, or any 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 takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. Wd-ft: (v-4/t 5ft, -6A(FA) 1020e1 aaoe 9 of le Form 3039 1101 M556 (05/10/2004) LOAN ID: 0000081166. Bit 1881 P63226 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage insurance, to have the Mortgage Insurance terminated automatleally, and/or to receive a refiand of any mortgage Insurance premiums that were unearned 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 Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender'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 been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender 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 Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the scans secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sum 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, destruction, or loss in value of the Property- in which-tbe fair market value of the,-Property-immediately-before-the partial taking, destruction, or loss in value is equal to or greater 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 stuns 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 sutras secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market 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 loss in value of the Property in which the fair market value of the Property immediately before the partial taking, 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 Larder otherwise agree in writing, the Miscellaneous 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 Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, 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 riot then due. "Opposing Party" means the third 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 .mw. 64..- SE K C MWA) tozomi pep. to of 16 Form 3039 1101 M557 (05/10/2004) LOAM ID: 0000081166 o{ 188 1 P63227 R i 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 Lender'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 order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender 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 shalt not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be requited to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sans secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender'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 right or remedy. 23. Joint and Sew" Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Inctrurntm only to mortgage, gram and convey the co-signer's interest in the Property under the terms of this Security Instrunuxa; (b) is not personally 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 accoranulations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. ---Subject to the provisions -of -Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation 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 arc expressly prohibited by this Security Instrumem or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the 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 suns already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be 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 4.8A(PAI 02oet was 11 of 16 Form 3039 1/01 MSSS (05/10/2004) LOAN ID: tw1881PG3228 have been given to Borrower when mailed by first class [nail 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 Lender. Borrower shall promptly notify Lender of Borrower's change of address. If lender specifies a pnocedune for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deerned to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required tender Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contamed in this Security Instrument are subject to any requireumus and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or, clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Nate 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 gender; (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 take any- Action.-17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. 1Yansfer of the Property or a Burl iaci i Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or 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 Lender 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 must pay all sutras seared by this Security Instrument. If Borrower fails to pay these stuns prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before We of the Property pursuant to any power of sale contained in this Security Instrument; (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 Lender all sums which then would be due sunder this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or hrrials: 40 -6A(PA) MOM Pape 12 of to Form 3039 1101 M559 (05/10/2004) LOAN ID: 0000081166 og u t 881 PG3229 1 B agreements; (c) pays all expenses incurred in enforcing this Security Inar unent, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender'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, mstrumcnWity or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shalt remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrurnert) 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 "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. 'there also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will retrain with the Loan Seavicer or be transferred to a successor Loan SeMcer and are not assumed byy the Note_P nduser_unless-otherwise-provided-by tip Note purchaser. Wither lorrower 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 Lender has notified the other party (with such notice given in compliance with the requirements 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 time 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 given 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. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials 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 environnnental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 6AIPA) ao2o6i rave 13 0116 Form 3039 1101 M560 (05/10/2004) LOAN ID; 0000081 A Ov1881PG3-230 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substages, 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 Environmental 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 ppresence, 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 consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govemmeaW or regulatory agency or private party involving the Property and any hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to. any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govermnental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Fender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among otla things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that falhure to cure the default as specified may result.in aeration of the sums secured b?y this Security Instsumennt, foreclosure by judicial proceeding and sale of the Property. Leader shall further inform Iwferer-of-tbe-right-to-reirutater after totereration and-t3 riulnt to ax tita-tlie ?ir?osnre-proceeding the non-existence of a default or any cower defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require In Mgt ppaayment in full of all sums secured by this Security Instrument witbout further demand and may fireclose this Security Instrument by Judicial proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this Section 22, including, 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, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, 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 extent pernritte d by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 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. Wish: ??- SIN-, ®-6AIPA) owm pop to of 1e Form 3039 1/01 M561 (OS/10/2004) LOAN ID: 0000081166 ?#! n ?(t88tPG323=! BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Wiawsses: I'M A. GRE OR A KENNEDY -Eomnwcr STACEY E Ni3El1 (Seal) k4o Borrower 1 , (Seal} (Seal) -Borrower -Borrower (seal) (seal) -Borrower -Borrower - (Seal) (Seel) -Borrower -Borrower 4V -6AIPA) m2osr M562 (05/10/2004) BK ! 88 t PG3232 Pays 15 or 16 Form 3039 1101 0 LOAN ID: 0000081166 ???? Certificate of Residence 1. LIZ THOMAS . do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 22nd day of SEPTEMBER 2004 arm ?L /6 Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, Gum b e.r-?a 4- 0( County ss: On this, the dam" - day of Tf before me, the undersigned officer, personally appeared P-All An- 6 0- U J 6y known to ( satisfactoril to be the or satisfactorily proven) person(s) whose name(s) is/are subscribed to the within instrument nt ag&t acknowledged that he/she/they executed the same for the purposes herein contained. t i1 ftf,N?s IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: A i + 'ifrj • ?.jNotanat SCSI [tide D. Naylor, Notary Pubt(c c1diate Baro, Cembestm?d Comity MY Coma bsiw Dq*ft Oct 2. 2006 -6A(PA) tme) M563 (05/10/2004) 'title of pa" 16 01 16 INS: G 44. IRAN ID: BK1881PG3233 "?t Form 3039 1101 0000081166 ?jkj, ' LEGAL DESCRIPTION ALL that certain tract of lsusd situate in South WxkUem rownsbip. Cumberland County. Peamylvmua, and morn paracuWV Wntified as followL LOT NO. 98 on the Fiaai,"tubdivisiou Plan of =TAN IU S • SECTION M rmorded in the Olice oftheRecorderofDaxieinindforCxmbalsadCo=ly,Pes wAvw*inPlanBook86,Page 126, et seq.. MORE a at tt pcixd on the Sou*= rigid of catty lino of Shirley Lino (a 60 Fed wide tiht of way) at dwpoint oftbe divft linebetwomUtNa 98 and LoWo- 99 of dwa--c?oau Wnedplan; theteoc along acid sWey Lone (a 6o feet wide Apt of way), Nw% 86 degeesa 41 minutes 44 seconds East a distance of l 02.42 feet to a point at toots comer of Lot No. 97 end Lot No. 98 of the afomcmentiow d Piro; thence ak g the dividing Gores between Lot Na 97 and Lot No. 98, SOUM 03 degrees 18 tninmea 16 seconds Easts dttanee of 149.39 feet to a point AM* cute4wtion ofLotNo. 85, Lot No. 97 a and Lot No. 98 of the of , - P - motioned Plw4 tb?epoe akmg the dividing rive batwcen LOW 83, Lot No. 97 sad Lot No. 89, South 89 degrees 50 witutm 23 studs .Wtst a distort of ? 30256 feet to a point at the ioteraee iau of Lot No. 84, Lot No. 98 and Lot No. 99 of the aftemodoned Phoa; tbenae along the divi &xS)ine bMv= Lot No. 98 and Lot No. 99, North 03 ' degrs 18mintttea % s?eeot ds West a distance od'143.65 feet to s point on fife Southern right ofway ` line of Sls dcY Leona (a 60 Aiet wide ti& of way), fire point end p%0C6f BPGWxNG. i COAT ARWO I-3--.000.19-square frat. I i LOT No. 98 iss subject to all associated dSW and provisions of a 30 feet wide Storm Draiuage t LOT No. 98 is e*cct to all applicable notations sad conditions set forth by goal subdivision plan approval of Isasliam 1II11a, Section No. III. UNDER AND SUBJECT, NEVERTF1F Z&%1othecondition3.resstriction3cudeasementsaa'noted.. . oa the bat-insbove enent[tmod Final Snbdivialon Plea; AND SLIPIJECT, FURTHM to tho ' Declatatiozt of rwtrdve Covamntt, Coaditims? Remicdons ad Resarvadora for sad ]Rol SubdMaiou Plaa dated J=16, 2043, and "corded oo July 1. 2003 in the OfRoe of the Recorder ofDaeds, afort said, in Misc. Book 0698, PA98 4900. inehWireg but not Muited to: T Certify this to be recorded In Cumberland County PA Co 4 C- I 1<ecorder of Deeds 6K1881PG323% LEGAL DESCRIPTION I (corftued) 4 ' (i) ?e7?tagydwellsogisconst?uctedoQiluaba+cindt?ctt'bedlot,priortooccaPe?cj' i dwwf bug no boar tben ftm (3) y=s aft ft data of setuemmt for the withf ? oonVe rmc or the data roguked by tba Townft pwsnant to the *oyc rol=aCed 3ubdiv153m oppravsl Via. wtifcbaver event dWi &st oam, the said Gmsoc(s? ' A their heirs, zt=tssors and udps, 1W bmll four (4) feet wide cowita ; I sidcwallrs (mah db4$ hnndimp wc=P sidewalks at iatmctions) in wxon%wd ant- i South )?0k3dletam Township regWadoms and awAuds. and (2) Al1D?ainsgoF•acaeao?tamd3eosm'WaterMaa?ge?eatRocp?iramteatsapplicable 1! ' to tho homia described lot and detailod on said Final &1W- iaion Ph ax i BEING THE SAME PREMISES which Dickinson Estates, a partnership oonsisting of Donald A. Croup, Wilbert L Diehl and George L. Ebener. by Deed dated February 23, 2004 and recorded February 23, 2804, in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Book 261, Page 3859, granted and conveyed unto Herbert G. Weaver, married man, his heirs and assigns. 81(188 i PG3235 LEGAL DESCRIPTION LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN South MIDDLETON TOWNSHIP IN THE COUNTY OF CUMBERLAND, AND STATE OF PA AND BEING DESCRIBED IN A DEED DATED 09/22/2004 AND RECORDED 09/22/2004 IN BOOK 265 PAGE 1789 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: ALL THAT CERTAIN TRACT OF LAND AND THE IMPROVEMENTS THEREON SITUATE IN South MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING Lot NO. 98 AS SHOWN ON THE FINAL SUBDIVISION Plan OF INDIAN HILLS-SECTION III, RECORDED IN THE OFFICE OF RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN Plan BOOK 86, PAGE 126, ET. SEQ.; AS MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE Southern RIGHT OF WAY LINE OF SHIRLEY LANE (A 60 FEET WIDE RIGHT OF WAY) AT THE POINT OF THE DIVIDING LINE BETWEEN Lot NO. 98 AND Lot NO. 99 OF THE AFOREMENTIONED Plan; THENCE ALONG SAID SHIRLEY LANE (A 60 FEET WIDE RIGHT OF WAY), North 86 DEGREES 41 MINUTES 44 SECONDS East A DISTANCE OF 102.42 FEET TO A POINT AT THE CORNER OF Lot NO. 97 AND Lot NO. 98 OF THE AFOREMENTIONED Plan; THENCE ALONG THE DIVIDING LINE BETWEEN Lot NO. 97 AND Lot NO. 98, South 03 DEGREES 18 MINUTES 16 SECONDS East A DISTANCE OF 149.29 FEET TO A POINT AT THE CUTE- SECTION OF Lot NO. 85, Lot NO. 97 AND Lot NO. 98 OF THE AFOREMENTIONED Plan; File #: 178870 THENCE ALONG THE DIVIDING LINE BETWEEN Lot NO. 85, Lot NO. 97 AND Lot NO. 89, South 89 DEGREES 50 MINUTES 23 SECONDS West A DISTANCE OF 102.56 FEET TO A POINT AT THE INTERSECTION OF Lot NO. 84, Lot NO. 98 AND Lot NO. 99, North 03 DEGREES 18 MINUTES 16 SECONDS West A DISTANCE OF 143.66 FEET TO A POINT ON THE Southern RIGHT OF WAY LINE OF SHIRLEY LANE (A 60 FEET WIDE RIGHT OF WAY), THE POINT AND PLACE OF BEGINNING. CONTAINING 15,000 SQUARE FEET. PARCEL NO. 40-10-0636-402 PROPERTY BEING: 213 SHIRLEY LANE File k; 178870 VERIFICATION I hereby state that I am the 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 I am 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 my 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 unsworn falsifications to for Plaintiff DATE:S V S :E C._..+ o - iv l. 6 UJ Z X I I to a--4 ' ni: t R r.? PHELAN HALLINAN & SCHMIEG, LLP By: 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 WELLS FARGO BANK, N.A. Vs. GREGORY A. KENNEDY STACEY E. KENNEDY ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION CUMBERLAND COUNTY : NO. 178870 6 - 334 ( AFFIDAVIT OF SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO P9_R_C -P_ 40442)/r 403 Francis S. Hallinan, Esquire, Attorney for Plaintiff, hereby certifies that service of the Complaint in Mortgage Foreclosure was made by sending a true and correct copy by certified mail to Defendant, STACEY E. KENNEDY at P.O. BOX 127, CHEWSVILLE, MD 21721. The Complaint was received by Defendant, STACEY E. KENNEDY, on Ji TLY 19, 2008 as evidenced by the attached Return Receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ?Z 7 - ' Date: n If Y23, 20OR Francis S. Hallinan, Esquire Attorney for Plaintiff JCS, Svc Dept. A . to UNrrED STATES POSTAL SERVKE. Date: 07/23/2008 Jason Seidman: The following is in response to your 07/23/2008 request for delivery information on your Certified item number 7178 2417 6099 0009 0761. The delivery record shows that this item was delivered on 07/19/2008 at 10:29 AM in CHEWSVILLE, MD 21721. The scanned image of the recipient information is provided below. Signature of Recipient: kN' Address of Recipient: PO ??( t 2 ^ .......wY Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service ("'? f""f t_. ? .""4 e' t ...?t t?2? ? r? {?, d. ? Lew :{Y ?rs'? ` ? : `-' ? ' ? -? .?: - ? G - 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 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. GREGORY A. KENNEDY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 STACEY E. KENNEDY P.O. BOX 127 CHEWSVILLE, MD 21721-0127 CIVIL DIVISION NO. 08-3341 CIVIL TERM Defendant(s). 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 GREGORY A. KENNEDY and STACEY E. KENNEDY, 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 $313,948.46 Interest from 05/29/2008 to 09/11/2008 $5,724.00 TOTAL $319,672.46 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 Rule 237. 1, copy attached. G` el DANIEL G. SC G, ESQUIRE Attorney for Plain iff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PR PROTH 178870 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 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD Plaintiff, v. GREGORY A. KENNEDY STACEY E. KENNEDY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3341 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 GREGORY A. KENNEDY is over 18 years of age and resides at, 213 SHIRLEY LANE, BOILING SPRINGS, PA 17007. (c) that defendant STACEY E. KENNEDY is over 18 years of age, and resides at, P.O. BOX 127, CHEWSVILLE, MD 21721-0127. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHM , ESQUIRE Attorney for aintiff PHELAN HALLINAN & SCHMIEG, LLP By: 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 WELLS FARGO BANK, NA V. Plaintiff TERM ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. Court# 08-3341 CIVIL TERM GREGORY A. KENNEDY STACEY E. KENNEDY Defendant(s) TO: STACEY E. KENNEDY PO BOX 127 CHEWSVILLE, MD 21721-0127 DATE OF NOTICE: August 13, 2008 CUMBERLAND COUNTY 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. 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedfoyd Street Carlisle, P, 17013 (717,49-3166 Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP By: 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 WELLS FARGO BANK, NA V. Plaintiff GREGORY A. KENNEDY STACEY E. KENNEDY Defendant(s) TO: GREGORY A. KENNEDY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 DATE OF NOTICE: August 13, 2008 ?w. llw 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. 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 TERM ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. Court # 08-3341 CIVIL TERM CUMBERLAND COUNTY Cumberland County Bar Association 32 South Be rd Street Carlisl , A 17013 1 (217) 249-3166 Assistant PHELAN HALLINAN & SCHMIEG, LLP By: 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 ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 WELLS FARGO BANK, NA V. Plaintiff TERM COURT OF COMMON PLEAS CIVIL DIVISION NO. Court# 08-3341 CIVIL TERM GREGORY A. KENNEDY STACEY E. KENNEDY Defendant(s) TO: GREGORY A. KENNEDY 1564 BALTIMORE PIKE HANOVER, PA 17331 DATE OF NOTICE: August 13, 2008 CUMBERLAND COUNTY 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 COLn6r A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 1.7013 17) 24W-3166 Assistant -b, # ? a m 9n v v cn ? u' ? a E (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD Plaintiff, v. GREGORY A. KENNEDY STACEY E. KENNEDY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3341 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 15, 200 5?. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMI , ESQUIRE Attorney for Plaintilt/ ONE PENN CENTER AT SUBURBAN 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 WELLS FARGO, BANK, NA Plaintiff, V. GREGORY A. KENNEDY STACEY E. KENNEDY No. 08-3341-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $319,672.46 Interest from 9/12/2008 TO 3/4/3009 $ 9,143.70 (per diem -$52.55) TOTAL $328,866.16 dJ DANIEL G. SCHMIEG, ES(JUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 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. 178870 z w? 0 Wa a? zz aW.a oz 00 E* O? U? xW H? Z ;D z O O wW zz ?w a>4 ow W? 04 C? .t 0 H U w? wo O? F' o ?w 0t a? U a r --X . w r d W rA V z 1k z a 0 as w a a w o p? M N 45 R d sb'o - o°u D ? D ? a? a 00 00 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 WELLS FARGO, BANK, NA Plaintiff, V. GREGORY A. KENNEDY STACEY E. KENNEDY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3341-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: () 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. f DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff ?c i ""' 10- WELLS FARGO, BANK, NA Plaintiff, , v. , GREGORY A. KENNEDY , STACEY E. KENNEDY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3341-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WELLS FARGO, BANK, NA, 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,213 SHIRLEY LANE, BOILING SPRINGS, PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name GREGORY A. KENNEDY STACEY E. KENNEDY Last Known Address (if address cannot be reasonably ascertained, please indicate) 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 P.O. BOX 127 CHEWSVILLE, MD 21721-0127 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 ORRSTOWN BANK DAVID A. BARIC Last Known Address (if address cannot be reasonably ascertained, please indicate) 77 EAST JOB STREET SHIPPENSBURG, PA 17257 19 W SOUTH STREET CARLISLE, PA 17013-3445 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) WELLS FARGO FINANCIAL PENNSYLVANNIA INC 4830 CARLISLE PIKE, E3 MECHANICSBURG, PA 17050 WELLS FARGO FINANCIAL BANK 3201 NORTH 4TH AVENUE SIOUX FALLS, SD 57104 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program 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 unsworn falsification to authorities. September 30, 2008 oL? f7?rn111?riJl' DATE DANIEL G. SCHMIEG, ESgQIRE Attorney for Plaintiff s Vi c'' rn WELLS FARGO, BANK, NA Plaintiff, V. GREGORY A. KENNEDY STACEY E. KENNEDY Defendant(s). CUMBERLAND COUNTY No. 08-3341-CIVIL TERM September 30, 2008 TO: GREGORY A. KENNEDY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 STACEY E. KENNEDY P.O. BOX 127 CHEWSVILLE, MD 21721-0127 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED 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 ALIEN AGAINST PROPERTY. Your house (real estate) at, 213 SHIRLEY LANE, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriff s Sale on 3/4/2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $319,672.46 obtained by WELLS FARGO, BANK, NA (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 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 LEGAL DESCRIPTION All that certain tract of land situate in South Middletown township, Cumberland County, Pennsylvania, and more particularly identified as follows: Lot No. 98 as shown on the Final Subdivision Plan of INDIAN HILLS - SECTION III, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 126, et. seq.; as more particularly described as follows, to wit: BEGINNING at a point on the Southern right of way line of Shirley Lane (a 60 feet wide right of way) at the point of the dividing line between Lot No. 98 and Lot No. 99 of the aforementioned plan; thence along said Shirley Lane (a 60 feet wide right of way), North 86 degrees 41 minutes 44 seconds East a distance of 102.42 feet to a point at the corner of Lot No. 97 and Lot No. 98 of the aforementioned Plan; thence along the dividing line between Lot No. 97 and Lot No. 98, South 03 degrees 18 minutes 16 seconds East a distance of 149.29 feet to a point at the cute-section of Lot No. 85, Lot No. 97 and Lot No. 98 of the aforementioned Plan; thence along the dividing line between Lot No. 85, Lot No. 97 and Lot No. 89, South 89 degrees 50 minutes 23 seconds West a distance of 102.56 feet to a point at the intersection of Lot No. 84, Lot No. 98 and Lot No. 99 of the aforementioned Plan; thence along the dividing line between Lot No. 98 and Lot No 99, North 03 degrees 18 minutes 16 seconds West a distance of 143.66 feet to a point on the Southern right of way line of Shirley Lane (a 60 feet wide right of way), the point and place of BEGINNING. CONTAINING 15,000.19 square feet. BEING a part of the same premises which Dickinson Estates, a partnership, by its Deed dated February 23, 2004, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 261, Page 3859 granted and conveyed to Herbert G. Weaver, now by marriage to Deborah S. Weaver, Grantors herein. Deborah S. Weaver joins in this conveyance to extinguish any interest she may have in the subject property as the spouse of Herbert G. Weaver. TITLE TO SAID PREMISES IS VESTED IN Gregory A. Kennedy and Stacey E. Kennedy, h/w, by Deed from Herbert G. Weaver and Deborah S. Weaver, h/w, dated 09/22/2004, recorded 09/22/2004, in Deed Book 265, page 1789. PREMISES BEING: 213 SHIRLEY LANE, BOILING SPRINGS, PA 17007 PARCEL NO. 40-10-0636-402 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3341 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO, BANK, NA, Plaintiff (s) From GREGORY A. KENNEDY and STACEY E. KENNEDY (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 $319,672.46 L.L. $.50 Interest from 9/12/08 to 3/04/08 (per diem - $52.55) -- $9,143.70 Atty's Comm % Due Prothy $2.00 Atty Paid $261.42 Other Costs Plaintiff Paid Date: 10/17/08 Prothonot (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County GREGORY A. KENNEDY STACEY E. KENNEDY No. 08-3341 CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on May 30, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on September 15, 2008 in the amount of $319,672.46. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 4, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through March 4, 2009 Per Diem $54.27 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $304,742.63 $23,118.74 $303.39 $1,325.00 $1,161.50 $0.00 $90.00 $0.00 $624.00 $0.00 ($0.00) $5,265.61 $336,630.87 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on January 12, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: i iZ a By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. Court of Common Pleas Civil Division GREGORY A. KENNEDY CUMBERLAND County STACEY E. KENNEDY No. 08-3341 CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE GREGORY A. KENNEDY and STACEY E. KENNEDY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 213 SHIRLEY LANE, BOILING SPRINGS, PA 17007. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59,142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266,270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fewer in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: i L a By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B..JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 178870 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff d e. o 0 §' 0 O h `3 r , Cil Z ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O$ - 33141 C tvi I -Ter k CUMBERLAND COUNTY GREGORY A. KENNEDY STACEY E. KENNEDY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 ?' Defendants COPY Of RNEYFI?F CIVII, ACTION -LAW : the , EASERE I1v MORTGAGE FORECLOSURE I filed of ?? ?p 4x File #: 178970 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 Fik #: 179870 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 File #: 179970 THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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 #: 178870 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: GREGORY A. KENNEDY STACEY E. KENNEDY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/22/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICAN HOME BANK, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1881, Page 3218. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 02/01/2008 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 #: 178870 6. The following amounts are due on the mortgage: Principal Balance $304,742.63 Interest $7,992.00 01/01/2008 through 05/28/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $303.39 09/22/2004 to 05/28/2008 Cost of Suit and Title Search 550.00 Subtotal $314,838.02 Escrow Credit ($889.56) Deficit $0.00 Subtotal 889.56 TOTAL $313,948.46 7 8. If the mortgage is reinstated prior to a Sheriffs 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 Sheriffs 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 #: 178870 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) hasthave 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 $313,948.46, together with interest from 05/28/2008 at the rate of $54.00 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. & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE q3337 VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 178970 LEGAL DESCRIPTION LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS ALL THAT CERTAIN PROPERTY SITUATED IN South MIDDLETON TOWNSHIP IN THE COUNTY OF CUMBERLAND, AND STATE OF PA AND BEING DESCRIBED IN A DEED DATED 09/22/2004 AND RECORDED 09/22/2004 IN BOOK 265 PAGE 1789 AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE, AND REFERENCED AS FOLLOWS: ALL THAT CERTAIN TRACT OF LAND AND THE IMPROVEMENTS THEREON SITUATE IN South MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING Lot NO. 98 AS SHOWN ON THE FINAL SUBDIVISION Plan OF INDIAN HILLS-SECTION III, RECORDED IN THE OFFICE OF RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN Plan BOOK 86, PAGE 126, ET. SEQ.; AS MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE Southern RIGHT OF WAY LINE OF SHIRLEY LANE (A 60 FEET WIDE RIGHT OF WAY) AT THE POINT OF THE DIVIDING LINE BETWEEN Lot NO. 98 AND Lot NO. 99 OF THE AFOREMENTIONED Plan; THENCE ALONG SAID SHIRLEY LANE (A 60 FEET WIDE RIGHT OF WAY), North 86 DEGREES 41 MINUTES 44 SECONDS East A DISTANCE OF 102.42 FEET TO A POINT AT THE CORNER OF Lot NO. 97 AND Lot NO. 98 OF THE AFOREMENTIONED Plan; THENCE ALONG THE DIVIDING LINE BETWEEN Lot N0.97 AND Lot NO. 98, South 03 DEGREES 18 MINUTES 16 SECONDS East A DISTANCE OF 149.29 FEET TO A POINT AT THE CUTE- SECTION OF Lot NO. 85, Lot NO. 97 AND Lot NO. 98 OF THE AFOREMENTIONED Plan; File #: 178870 THENCE ALONG THE DIVIDING LINE BETWEEN Lot NO. 85, Lot NO. 97 AND Lot NO. 89, South 89 DEGREES 50 MINUTES 23 SECONDS West A DISTANCE OF 102.56 FEET TO A POINT AT THE INTERSECTION OF Lot NO. 84, Lot NO. 98 AND Lot NO. 99, North 03 DEGREES 18 MINUTES 16 SECONDS West A DISTANCE OF 143.66 FEET TO A POINT ON THE Southern RIGHT OF WAY LINE OF SHIRLEY LANE (A 60 FEET WIDE RIGHT OF WAY), THE POINT AND PLACE OF BEGINNING. CONTAINING 15,000 SQUARE FEET. PARCEL NO. 40-10-0636-402 PROPERTY BEING: 213 SMRLEY LANE File 0: 179870 VERIFICATION I hereby state that I am the 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 I am 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 my 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 falsifica DATE. Exhibit 66B" PHELAN HALLINAN & SCH MI[EG, 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 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff', V. GREGORY A. KENNEDY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 STACEY E. KENNEDY P.O. BOX 127 CHEWSVILLE, MD 21721-0127 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION ATTORNEY OLE 64%g-3341 CIVIL Wjg PLEASE RMRN m ?Tl ?'r=: Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT-OF DAMAGES TO THE PROTHONOTARY: w -?v A -?r 3 N cn Kindly enter an in rem j aintiff and against GREGORY A. KENNEDY and STACEY E. KE (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 $313,948.46 Interest from 05/29/2008 to 09/11/2008 $5,724.00 TOTAL $319,672.46 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, Rule 237. 1, copy attached. ' i DANIEL G. SC G, ESQUIRE Attorney for Plain ff DAMAGES ARE HEREBY DATE: /1 l08 ASSESSED AS INDICATED. P PRO ---------- - ----- 178870 Exhibit `6C" y R. rt Sz7 H m az o? M ?N a? a' ?o ' b C O ? O N3 .y O P o c, g o °, _ m 3 ?. g aA n I;q 7.? o c? a?-? ? s a N ? 530 ? ? (D p O 1 G _y N 3 y a m 5' a o. o" x g °a 165 <` O e, o m .o? n`O p5. w UI 1:1 WI NI =1 OI -01 -1 ?I ad -I ?I W N - x J 00 ot 0 Wz d k m 0 a n l? K t? z d a A C? a r 7y ri Q ?7r" J OD 0 N ? h b6 4 C K m 0 CL V Y n r C t? z d ?c O Q N v n C r E. r O d ? (D ? ? A A H ? b ? a J CD o ? C YY a I o rj ,o d A m eD a r;. Y p CL ? o r ?. O ?y d a ? a x r CrJ rC' a z bC Q FBI 41 % 02 1!K ® P"' ?v!'s lNuAILEI)FOOM 000421$010 $ 01.520 Z/PCO 13"9103 0I ( I A CD C CD V C" z n ?a °&z 00 co, p Cb c ((DD C v? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: ?z By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. GREGORY A. KENNEDY STACEY E. KENNEDY Court of Common Pleas Civil Division CUMBERLAND County No. 08-3341 CIVIL TERM Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. GREGORY A. KENNEDY STACEY E. KENNEDY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 GREGORY A. KENNEDY STACEY E. KENNEDY 1564 BALTIMORE PIKE HANOVER, PA 17331 DATE: 1/1 (z e GREGORY A. KENNEDY STACEY E. KENNEDY PO BOX 127 CHEWSVILLE, MD 21721-0127 Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff .?''?=?" ?'' fir-:, ? ?. .r ?4 ?, ^?. ?:.' ti JAN 2 3 200U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WELLS FARGO BANK, NA Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County GREGORY A. KENNEDY STACEY E. KENNEDY No. 08-3341 CIVIL TERM Defendants RULE AND NOW, this__L&&_ day of 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Wit t ) Zl ? ? ?S t?.T IT,? Z- ,? ej Rule Returnable +? da3?ef C a ?pn'`cf at °?tom" o e um er an y o ou , BY THE COURT J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordna fedphe com +?.tl?„ ?i?f SeJ 20 GREGORY A. KENNEDY GREGORY A. KENNEDY STACEY E. KENNEDY STACEY E. KENNEDY 213 SHIRLEY LANE PO BOX 127 BOILING SPRINGS, PA 17007 CHEWSVILLE, MD 21721-0127 GREGORY A. KENNEDY STACEY E. KENNEDY 1564 BALTIMORE PIKE HANOVER, PA 17331 t bzf'- Va 8 /o 7 178870 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff V. GREGORY A. KENNEDY STACEY E. KENNEDY Court of Common Pleas Civil Division CUMBERLAND County No. 08-3341 CIVIL TERM Defendants PRAECIPE TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on January 21, 2009 in the above referenced action. Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 WELLS FARGO BANK, NA Plaintiff Court of Common Pleas Civil Division V. GREGORY A. KENNEDY STACEY E. KENNEDY CUMBERLAND County No. 08-3341 CIVIL TERM Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. GREGORY A. KENNEDY GREGORY A. KENNEDY STACEY E. KENNEDY STACEY E. KENNEDY 213 SHIRLEY LANE PO BOX 127 BOILING SPRINGS, PA 17007 CHEWSVILLE, MD 21721-0127 GREGORY A. KENNEDY 1564 BALTIMORE PIKE HANOVER, PA 17331 DATE: z (° S STACEY E. KENNEDY 1564 BALTIMORE PIKE HANOVER, PA 17331-9602 Phelan Hallinan & Schmieg, LLP By: ?'-% F Michele M. Bradford, Esquire Attorney for Plaintiff 0 -n T { Fri - t m rn e Wells Fargo Bank, N.A. VS Gregory A. Kennedy and Stacey E. Kennedy In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-3341 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. Sheriffs Costs: Docketing 30.00 Poundage 20.96 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 5.40 Levy 15.00 Surcharge 30.00 . York County 73.31 Out of County 9.00 Cumerland Law Journal 355.00- Patriot News 476.63- Certified Mail 5.71 Share of Bills 15.52 / 0 1069.03 1 ' 39 ' 0 So Answers: R. Thomas Kline, Sheriff BY _ ., Real Estate Sergeant ?a'Sga$a i? ?ia ?? ? ,, a .,, ;`,;"' eC?. ???`1?a ??_ ???6;???i ,?:? ?? ??;? , f ?m ??"?" WELLS FARGO, BANK, NA , Plaintiff, V. GREGORY A. KENNEDY STACEY E. KENNEDY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3341-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) WELLS FARGO, BANK, NA, 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 ,213 SHIRLEY LANE, BOILING SPRINGS, PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name GREGORY A. KENNEDY STACEY E. KENNEDY Last Known Address (if address cannot be reasonably ascertained, please indicate) 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 P.O. BOX 127 CHEWSVILLE, MD 21721-0127 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 ORRSTOWN BANK DAVID A. BARIC Last Known Address (if address cannot be reasonably ascertained, please indicate) 77 EAST JOB STREET SHIPPENSBURG, PA 17257 19 W SOUTH STREET CARLISLE, PA 17013-3445 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) WELLS FARGO FINANCIAL PENNSYLVANNIA INC 4830 CARLISLE PIKE, E3 MECHANICSBURG, PA 17050 WELLS FARGO FINANCIAL BANK 3201 NORTH 4TH AVENUE SIOUX FALLS, SD 57104 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building 'Estate Recovery Program 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. Segtember 30, 2008 1,5Aia ? _ ?; DATE DANIEL G. SCHMIEG?ESiQIRE Attorney for Plaintiff WELLS FARGO, BANK, NA Plaintiff, V. GREGORY A. KENNEDY STACEY E. KENNEDY Defendant(s). CUMBERLAND COUNTY No. 08-3341-CPAL TERM September 30, 2008 TO: GREGORY A. KENNEDY 213 SHIRLEY LANE BOILING SPRINGS, PA 17007 STACEY E. KENNEDY P.O. BOX 127 CHEWSVILLE, MD 21721-0127 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA 7TEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 213 SHIRLEY LANE, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriff s Sale on 3/4/2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $319,672.46 obtained by WELLS FARGO, BANK, NA (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 Sheriff s 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 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 i LEGAL DESCRIPTION All that certain tract of land situate in South Middletown township, Cumberland County, Pennsylvania, and more particularly identified as follows: Lot No. 98 as shown on the Final Subdivision Plan of INDIAN HILLS - SECTION III, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 126, et. seq.; as more particularly described as follows, to wit: BEGINNING at a point on the Southern right of way line of Shirley Lane (a 60 feet wide right of way) at the point of the dividing line between Lot No. 98 and Lot No. 99 of the aforementioned plan; thence along said Shirley Lane (a 60 feet wide right of way), North 86 degrees 41 minutes 44 seconds East a distance of 102.42 feet to a point at the corner of Lot No. 97 and Lot No. 98 of the aforementioned Plan; thence along the dividing line between Lot No. 97 and Lot No. 98, South 03 degrees 18 minutes 16 seconds East a distance of 149.29 feet to a point at the cute-section of Lot No. 85, Lot No. 97 and Lot No. 98 of the aforementioned Plan; thence along the dividing line between Lot No. 85, Lot No. 97 and Lot No. 89, South 89 degrees 50 minutes 23 seconds West a distance of 102.56 feet to a point at the intersection of Lot No. 84, Lot No. 98 and Lot No. 99 of the aforementioned Plan; thence along the dividing line between Lot No. 98 and Lot No 99, North 03 degrees 18 minutes 16 seconds West a distance of 143.66 feet to a point on the Southern right of way line of Shirley Lane (a 60 feet wide right of way), the point and place of BEGINNING. CONTAINING 15,000.19 square feet. BEING a part of the same premises which Dickinson Estates, a partnership, by its Deed dated February 23, 2004, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 261, Page 3859 granted and conveyed to Herbert G. Weaver, now by marriage to Deborah S. Weaver, Grantors herein. Deborah S. Weaver joins in this conveyance to extinguish any interest she may have in the subject property as the spouse of Herbert G. Weaver. TITLE TO SAID PREMISES IS VESTED IN Gregory A. Kennedy and Stacey E. Kennedy, h/w, by Deed from Herbert G. Weaver and Deborah S. Weaver, h/w, dated 09/22/2004, recorded 09/22/2004, in Deed Book 265, page 1789. PREMISES BEING: 213 SHIRLEY LANE, BOILING SPRINGS, PA 17007 PARCEL NO. 40-10-0636-402 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3341 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO, BANK, NA, Plaintiff (s) From GREGORY A. KENNEDY and STACEY E. KENNEDY (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 gamishee(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 $319,672.46 L.L. $.50 Interest from 9/12/08 to 3/04/08 (per diem - $52.55) - $9,143.70 Atty's Comm % Due Prothy $2.00 Atty Paid $261.42 Other Costs Plaintiff Paid Date: 10/17/08 rothonota (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #5 On October 29, 2008 the Sheriff levied upon the defendant's interest in the real property situated in So mberlarLd County, PA Known and numbered as 213 Shirley Lane, Boiling Springs more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 29, 2008 By: , I J S Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. iVa Marie Coyne, SWORN TO AND SUBSCRIBED before me this 30 day of January, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 RR" 16WAT3 ME NO. S Writ No. 2008-3341 Civil Wells Fargo Bank N.A. VS. Gregory A. Kennedy and Stacey. E. Kennedy Atty.: Daniel Schinieg LEGAL DESCRIMON All that certain tract of land situ- ate in South Middletown Township, Cumberland County, Pennsylvania, and more particularly identified as follows: Lot No. 98 as shown on the Final Subdivision Plan of INDIAN HILLS- SECTION III, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 126, et. seq.; as more particularly described as follows, to wit: BEGINNING at a point on the Southern right of way line of Shirley Lane (a 60 feet wide right of way) at the point of the dividing line between Lot No. 98 and Lot No. 99 of the aforementioned plan; thence along said Shirley Lane (a 60 feet wide right of way), North 86 degrees 41 minutes 44 seconds East a distance of 102.42 feet to a point at the corner of Lot No. 97 and Lot No. 98 of the aforemen- tioned Plan; thence along the dividing line between Lot No. 97 and Lot No. 98, South 03 degrees 18 minutes 16 seconds East a distance of 149.29 feet to a point at the cute-section of Lot No. 85, Lot No. 97 and Lot No. 98 of the aforementioned Plan; thence along the dividing line between Lot No. 85, Lot No. 97 and Lot No. 89, South 89 degrees 50 minutes 23 sec- onds West a distance of 102.56 feet to a point at the intersection of Lot No. 84, Lot No. 98 and Lot No. 99 of the aforementioned Plan; thence along the dividing line between Lot No. 98 and Lot No 99, North 03 degrees 18 minutes 16 seconds West a distance of 143.66 feet to a point on the South- ern right of way line of Shirley Lane (a 60 feet wide right of way), the point and place of BEGINNING. CONTAINING 15,000.19 square feet. BEING a part of the some prem- ises which Dieldneon Estates a pair, by its Deed dated Veb- ruary 2J, , and reowded in the 006it of the Recorder of Deeds in and for Cumberland City in Deed Book 261, Page 3859 granted and conveyed to Herbert G. Weaver, now by marriage to Deborah S. Weaver, Grantors herein. Deborah S. Weaver joins in this conveyance to extinguish any interest she may have in the subject property as the spouse of Herbert G. Weaver. TITLE TO SAID PREMISES IS VESTED IN Gregory A. Kennedy and Stacey E. Kennedy, h/w, by Deed from Herbert G. Weaver and Deborah S. Weaver, h/w, dated 09/22/2004, recorded 09/22/2004, in Deed Book 265, page 1789. PREMISES BEING: 213 SHIR- LEY LANE, BOILING SPRINGS, PA 17007. PARCEL NO. 40-10-0636-402. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE PNow you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: gan existing and laws That he is the Assistant Controller of The Patriot w of business corporation at 81x2 to 1818 Market Street?at hte City of of the Patriot Commonwealth of Pennsylvania, with its principal office and place News The and ews Harrisburg, County of Dauphin, State Pennsylvania, owner and publisher of The Patriot at 812 to 8 8 Market Street, in the City, County and State afo esa d that newspapers of general circulation, printed d and published The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, an all have been continuously published ever since- That the printed notice or publication ll securely rldidCathereto is eactly as rinted ed belowXThat nepher he Hoar sa dllCompanyes regular daily and/or Sunday/ Metro editions which appeared on interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true-, and to as resolution authorized and empowered to verify this statement on That he has personal knowledge by the vfacts irtue aforesaid and i on unanimously passed and adopted severally by he recorded in the office for the Recording of Deeds behalf of The Patriot-News Co. aforesaid y stockholders and board of directors of the said Company M?, subsequently e Page 317. in and for said County of Dauphin in Miscellaneous Book PUBLICATION COPY REAL ESTATE SALE NO.5 Writ No. 2008-3341 Civil Term. Wells Fargo Bank NA vs. Gregory A. Kennedy and Stacey E. Kennedy Attorney Daniel Schmieg LEGAL DESCRIPTION All that certain tract of land situate in South Middletown township, Cumberland County, Pennsylvania, and more particularly identified as follows: Lot No. 98 as shown on the Final Subdivision Plan of INDIAN HILLS - SECTION III, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 126, et. seq.; as more particularly described as follows, to wit: BEGINNING at a point on the Southern right of way he of Shirley Lane (a 60 feet wide right of way) at the point of the dividing line between Lot No. 98 and Lot No. 99 of the aforementioned plan; thence along said Shirley Lane (a 60 feet wide right of way), North 86 degrees 41 minutes 44 seconds East a distance of 102.42 feet to a point at the comer of Lot No. 97 and Lot No. 98 of the aforementioned Plan; thence along the dividing line between Lot No. 97 and Lot No. 98; South 03 degrees 18 minutes 16 seconds East a distance of 149.29 feet to a point at the cute-section of Lot No. 85, Lot No. 97 and Lot No. 98 of the aforementioned Plan; thence along the dividing line between Lot No. 85, Lot No. 97 and Lot No. 89, South 89 degrees 50 minutes 23 seconds West a distance of 102.56 feet to a point at the intersection of Lot No. 84, Lot No. 98 and Lot No. 99 of the aforementioned Plan; thence along the dividing line between Lot No. 98 and Lot No 99, North 03 degrees 18 minutes 16 seconds West a distance of 143.66 feet to a point on the Southern right of way line of Shirley Lane (a 60 feet wide right of way), the point and place of BEGINNING. CONTAINING 15,000.19 square feet. BEING a part of the same premises which Dickinson Estates, a partnership, by its Deed dated February 23, 2004, anrecorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 261, Page 3859 granted and conveyed to Herbert G. Weaver, now by marriage to Deborah S. Weaver, Grantors herein. Deborah S. Weaver joins in this This ad ran on the date(s) shown below: 01/21109 01/28/09 02/04/09 )rid / f7----?...... . Sworn to and sulcbefore me this 25 day of February, 2009 A.D. - c ! 'mot Notary Public COMMONWEALTH OF PENNSYLVANIA Votarml Seal Shame L Kisne; Notary Public Clly Of Hamstnirg, (Dauphin County My Cprnvr*mlr± Expires Nov. 26.2011 Member, Pennsylvania ASSOCiatkOn of Notaries WELLS FARGO BANK, N.A., S/B/M TO WELLS FARGO HOME MORTGAGE, INC., F/K/A NORWEST MORTGAGE, INC. VS. WALTER K. RUMBEL, JR. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION : NO. 2009-3341 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". DATE: 11 10&' By. v Lawre e T Phelan, Es ., Id. No. 32227 Franc's S. llinan, , Id. No. 62695 Dan' 1 G. Sc sq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 /Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id No. 206779 Andrew C. Bramblett, Esq., Id No. 208375 Attorneys for Plaintiff s S; w 00 r a £0 L6 L 3000dlz W08jp3lldW 09£ Lzenv $ o Loa Lzbooo wL zo ti 53MOM A3Nlld `vy?d S??1c?? - . . w x O a b ? c`d U 1 Uw•? a> ? a? aa? a O .`° a I a e w d a s" z' H W O z? a ,daUUOa xa °z AU?U a z?z W wa o O ? 0 E. 0 as UAa d ~ ao? ?aa zo? Hc°?U ? x? z W d ? b Q CYi N ? ? N M zoo a A H v a w a N H? ?d L .p O ,L1 C ? H O •? l d ao' N Q s? Cr A a w ? o ? a? O O sw oa U ?o b a" 0 0 O 0 M ti a i 0 0 1r1 a O O W a a s. W d u ? N ;a a? ? a i.. bA LOi a 0 NV w? w? Wa V b ? W ?a a -- a3 O 00 5v ,00 LZ M Aa i••i N 0 00 00 as 0 00 ?z a O? as O? UV CAa ?U ?H O. ?a z U? 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