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Home My WebLink About09-2645D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMC SPECIALTY MORTGAGE LLC, Plaintiff, vs. Andy W. Stouffer and Michelle R. Stuffer Shipensburg Urban Developers Inc. Defendants. TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. CIVIL DIVISION NO.: 69 -26 y???,?1 -few TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: JPMC Specialty Mortgage LLC I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 7255 Bavmeadows Wgy Mail Stop JAXB2007. Jacksonville. FL 32256 AND THE DEFENDANT: 408 MCINTOSH COURT SHIPPENSBURG. PA 17257 CERTIFICATE OF LOCATION 1 HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 408 MCINTOSH COURT. SHIPPENSBURG PA 17257 Municipality: Southampton ' +Cytt CZ. Aetteiic ATTORNEY FOR PLAINTIFF ATTY FILE NO.: XCP 121030 COUNSEL OF RECORD FOR THIS PARTY: ZUCKER,GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire- "'Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 Eric Santos, Esquire Pa. I.D. #201493 Joel A. Ackerman, Esquire Pa I.D. #202729 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX offlee@,zuckergoldberg.com File No.: XCP- 121030/sst Zucker, Goldberg & Ackerman, LLC XCP-121030 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS 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. Zucker, Goldberg & Ackerman, LLC XCP-121030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMC SPECIALTY MORTGAGE LLC, Plaintiff, : CIVIL DIVISION NO.. vs. Andy W. Stouffer and Michelle R. Stuffer ; Shipensburg Urban Developers Inc. Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-121030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMC SPECIALTY MORTGAGE LLC, Plaintiff, : CIVIL DIVISION NO.. VS. Andy W. Stouffer and Michelle R. Stuffer ; Shipensburg Urban Developers Inc. Defendants. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamation o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-121030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMC SPECIALTY MORTGAGE LLC, Plaintiff, vs. Andy W. Stouffer and Michelle R. Stuffer ; Shipensburg Urban Developers Inc. CIVIL DIVISION NO.: Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes JPMC Specialty Mortgage LLC, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, JPMC Specialty Mortgage LLC, which has its principal place of business at 7255 Baymeadows Way, Mail Stop JAXB2007, Jacksonville, FL 32256. 2. The Defendant, Andy W. Stouffer, is an individual whose last known address is 408 Mcintosh Court, Shippensburg, PA 17257. 3. On or about August 11, 2006, Andy Stouffer executed a Note in favor of National Future Mortgage Inc., A New Jersey Corporation in the original principal amount of $182,400.00. 4. On or about August 11, 2006, as security for payment of the aforesaid Note, Andy W. Stouffer and Michelle R. Stuffer made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for National Future Mortgage, Inc. a Mortgage in the original principal amount of $182,400.00 on the premises hereinafter Zucker, Goldberg & Ackerman, LLC XCP-121030 described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The aforesaid Note and Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. as nominee for National Future Mortgage, Inc. to JPMC Specialty Mortgage LLC, plaintiff herein, pursuant to an assignment of mortgage to be recorded. 6. Shipensburg Urban Developers Inc. is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. On or about October 15, 2008, Defendant(s) were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P. S. §101, et seq. 9. The amount due and owing Plaintiff by Defendant is as follows: Principal $179,497.03 Interest through 03/19/2009 $10,249.59 Attorneys' Fees $1,250.00 Title Search & Costs $2,500.00 Late Charges $ 657.54 Escrow $2,000.00 Miscellaneous $ 60.50 Recoverable Balance $ 132.00 Total $196,346.66 Zucker, Goldberg & Ackerman, LLC XCP-121030 plus interest on the principal sum ($179,497.03) from March 19, 2009, at the rate of $42.60 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $196,346.66, with interest thereon at the rate of $42.60 per diem from March 19, 2009, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackermap, LLC XCP-121030 ZUCKER, GOLD$EIIG & ACI?ERMAN BY: ' Scott A. Dietterick, Esq e PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D.#89705 Richard P. Haber, Esquire PA I.D.#202567 Eric Santos, Esquire PA I.D.#201493 Joel A. Ackerman PA I.D.#202729 Attorneys for Plaintiff 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 908-233-8500 FAX 908-233-1390 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-121030 w • INIIIN111 This Instrument Prepared By: ASHLEY ROUTLEDGE, NATIONAL FUTURE MORTGAGE, INC. (800)291-7900 Certified True Copy After Recording Return To: NATIONAL FUTURE MORTGAGE INC. 2 EASTWICR DRIVE SUITE 500 GIBBSBORO, NEW J*RSEY 08026 Loan Number: 1009472778 Uniform Parcel Identifier Number: 21-N-17-319 Property Address: 408 MCINTOSH COURT SHIPPENSBURG, PENNSYLVANIA 17257 (Space Above This Line For Recording Data] MORTGAGE MIN: 1002852-1009472778-0 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" ratans this document, which is dated AUGUST 11, 2006 , together with all Riders to this document. (B) "Borrower" is ANDY W. STOUFFER AND MICHELLE R. STOUFFER, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "HERS" 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. HERS is the mortgagee under this Security Iastsnment. 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-MERS. PENNSYLVANIA-Si le Family Do~ driariam 100 W. 1367 Fannie Mee/Fraddle Mac UNIFORM INSTRUMENT - MERS www.daanapte.eaue Form 3039 01101 Page 1 of 17 A wS m4ex- WMI.-I. m • 0 (D) "Linder" is NATIONAL FUTURE MORTGAGE, INC. Lander is a NEW JERSEY CORPORATION organized and existing under the laws of NEW JERSEY Larder's addras is 2 EASTWICK DRIVE, SUITE 300, GIBBSBORO, NEW JERSEY 08026 (E) "Note" means the promissory note signed by Borrower and dated AUGUST 11, 2006 The Note states that Borrower owes Lander ONE HUNDRED EIGHTY-TWO THOUSAND FOUR HUNDRED AND 00/100 Dollars (U.S. S 182, 400.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than SEPTEMBER 1, 2036 (F) "Property" mean 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. (Ii) "Rider" 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 [3 Planned Unit Development Rider [] Balloon Rider E] Biweekly Payment Rider Q 1-4 Family Rider 0 Second Home Rider 0 Condominium Rider ® Other(s) [specify] PREPAYMENT RIDER (1) "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. (.I) "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. (Lq "Electronic Fluids Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instr Trent, which is initiated through an electronic terminal, telephonic instrument, muter, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tenor 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 liens" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" oceans any compensation, settlement, 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 PENNSYLVANIA-Single Femaq Doeaseph EUbnm 6OO.61A1362 Fermis MwlFraddie Mac UNIFORM INSTRUMENT - MERS www.dWJneyb.oan Form 3039 01/01 Page 2 of 17 A03?I a a destruction of, the Property; (ii) condeouration or other taring of all or any part of the Property; (iii) conveyance in liar of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mmlgage ImnraneV means insurance protecting Lender against the nonpaymert 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. (P) "RESPA" means the (teal Estate Settlement Procedures Act (12 U.S.C. $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 try additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instnmtent, "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. (ty "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: (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 tnstrumeat 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 of FRANKLIN (Type of Recording IurisdictionJ [Name of Recording lunsdicdon] SEE IMAL rESCRIM N ATiAQiID HERETO AND MADE A PART HEREOF AS E DG= "A". A.P.N.: 21-N-17-319 which currently has the address of 408 MCINTOSH COURT [fit] SHIPPENSBURG Pemrsylvania 17257 ("Property Address"): [City) [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property.' Borrower understands and agrees that MERS holds only legal tide to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lander and Larder's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose PENNSYLVANIA-Single FemaC Ooe aple dv%W rsa 800440•t,M2 Fannie MeelFraWle Mac UNIFORM INSTRUMENT - MERS www d0drra*."M Form 3039 01/01 Page 3 of 17 Aw3 GPs Wvmmw U= a a and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instri n ent. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants fornatiomal use and non-uniformcovermants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Leander covenant and agree as follows: I. Payment of Ptindpal, Interest, Escrow items, Prepayment cbarga, and Late Charge. 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 Leader 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 Leander: (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 payer or panel 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 Leader 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 fiumds 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 Instrurnent 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 laze charges, second to any other amounts due under this Security Instrument, and d= to reduce the principal balance of the Note. If Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment tray 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 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or morn Periodic Payments, such excess may PENNSYLVANIA-Single Family Do?MayAC av%rlser aoo.us-rsea Fannie Moe/Freddie Mac UNIFORM INSTRUMENT • MERS www.docmmgk.com Form 3039 01101 Page 4 of 17 Aws hl& P%XW.=mf,m 0 0 be applied to any late charges due. Voluntary prepayments shall be applied fast 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. Fuses for Escrow Items. 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 eacUmbmwe on the Property; (b) leasehold payments or ground rents on ile Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any stuns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in awards= with de provisions of Section 10. These items are called "Escrow Items." At origination or at anytime during the term of the Loan, Leader may require that Community Association Dues, Fees, and Auessme ts, 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 ruder this Section. Borrower shall pay Leader the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow It=. 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 Furls has ben waived by Leader and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender nay require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreeirient 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 tray 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. Leader may, at any titre, 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 leader 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 Fends 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 latex 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 matte 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 Feuds. Borrower and Lender can agree in writing, however, that interest 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 Fonds 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 snake up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If that is a deficiency of PENNSYLVANIA-Sk4a FwnNy DoeMayee EAimvsooa aoa800449-1392 Fannie Mad/Reddle Mac UNIFORM INSTRUMENT - MERS www.docrosiie.can Form 3039 01/01 Page 5 of 17 ??.M AwS (K-pz 0 0 Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader 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; t,lens. Borrower shalt 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 Dunes, Fees, and Assessment, 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 enfomxment 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. Leader 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. Piroperty 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 Leader 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. Lefler 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 lunges 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. If Borrower fails to maintain any of the coverages described above, Leader may obtain insurance coverage, at Lender's option and Borower'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 Leader trader 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 Lender as mortgagee and/or as an PENNSYLVANIA-ShVis Family DoeaNpac lA rWW aaoe4s-r3u Fannie Mae/FraWle Floc UNIFORM INSTRUMENT - MERS warw.daeorayic.eam Form 3035 01101 Page 6 of 17 AL4 lYl N 0 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 Leader as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Leader may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender 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 Leader'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, Leader may W 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, them 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 Instrument, and (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. 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 f tuber deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient PENNSYLVANIA-Single Family DoeeNageo FDODaeear W0449-1362 Fannie Maeffim de Mac UNIFORM INSTRUMENT - MERS www.dbemagk.com Form 3039 01 /01 Page 7 of 17 Aw3 mej Pared -I.em a 0 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 shalt give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loco 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 Lander 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 Leader'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 condenmation or forfeiture, for enforcement of a lien which may attain priority over this Security Imtrnmtent 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 merest 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 am not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. 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 Leader 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. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 'Ibese 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 Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender requited 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 tine cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by bender. 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 fad 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 PENNSYLVANIA-Single femil Doea/preEps rnea aoo."g•rxa Fannie MaelFreddie Mae UNIFORM INSTRUMENT - MERS www.dwmagk.com Form 3039 01 /01 Pape 8 of 17 Atss m_? ft=%m &= so so 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 premiums for Mortgage Ltsuranoe, Borrower shall pay the premiums required to maintain Mortgage Isurance 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 agraasnts 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 isura and the other party (or parties) to time agreements. These agreements may require the mortgage insurer to matte payments sing 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) at xK= that derive from (or might be characterized s) a portion of Borrower's payments for Mortgage insurarlm, 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 agrementa will not affed the amounts that Borrower has agreed to pay for Mortgage laurauce, or any outer terms of the Loan. Such agreements will not lacrease the amount Bowrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any sutdt 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. Item rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage lasuranoe terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such caricellation or termination. 11. Assignment of Miscellaneouu 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. Larder 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 stwh Miscellaneous Proceeds, Leader shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Larder's security would be lessened, the Miscellaneous Proceeds shall be applied to the sues 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. PENNSYLVANIA-Single FaDoc ievic dvbvvm 80048-rasa Fannie Mae/Freddia Mac UNARM INSTRUMENT - MERS www.dwamok.com Form 3039 01/01 Page 9 of 17 A ws ik es i WOW-two so 46 in the event of a total taking, destruction, or Ions in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or scot 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 tatting, destruction, or loss in vane, unless Borrower and Lender otherwise agree in writing, the suns secured by this Security Instrrnen shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums seared 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 scuts secured irntaediately 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 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 not den 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 14, by causing the action or proceeding to be dismissed with a ruing that, in Lender's judgment, precludes forfeinue of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Tice 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 ?o 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 Waive. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lefler to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to comnertce 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 Deader in exercising any tight or remedy including, without limitation, LaIder'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. Joitd aaill Sevesrsl Uability; 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 Instrument only to mortgage, grant and convey the co-signer's interest in the Property tinder the terms of this Security Instrument; (b) is not PENNSYLVANIA--SiuW Family dftnvw sons af.re2 Fannie Mae/Freddie ac UNIFORM INSTRUMENT . MFRS www.doen r oc.com Form 3039 01 /01 Papa 10 of 17 A ws Kr-s rwsfco.o 10.m M a 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 acminmodations 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 Lander, 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 Lander 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. /man Charges. Lamtder 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 Lout is subject to a law which sets maximum late 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 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. Notions. 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 have been given to Borrower when mailed by first class trail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute entice to all Borrowers unless Applicable law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute entice 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 Lander 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 Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; SeverabWty; Rules of Comb action. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is looted. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this 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. PENNSYLVANIA-Single Family Ooenaagre l PbM 800.0+0-1362 Fanrde Mae/Fraddte Mac UNIFORM INSTRUMENT - MERS www.dbernepk.M" Form 3039 01/01 Page 11 of 17 Aws Kes P&A"H.sea l Lm so so As used in this Security Imatnrmerrt: (a) words of the masculine gender shall mean and include cornaponding 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. Transfer of the Property or a BendkW 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 Lander exercises this option, Lander 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 specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Leader all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security 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 continuo unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Leader: (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 Serricer, 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 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, std 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 Servieer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicet, 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 Servieer other than the purchaser of the Note, the mortgage loan servicing obligations PENNSYLVANIA-S is Family DoeWpre eft MO wa64e-1302 Fannie Mee/Freddie Mac UNIFORM INSTRUMENT - MERS www.dxmapfe.cam Form 3039 01/01 Pape 12 of 17 At""s M49 1 ft3 M42-12. em M M to Borrower will remain with the Loan Setvicer 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 commence, join, or be joined to any judicial action (as either an individual litigant or the member of a clan) that arises from the other parry's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any dory owed by reason of, this Security Instrument, until such Borrower or Lander has notified the other party (with such notice given in compliance with the requiramestts of section 15) of such alleged breach and afforded the other parry 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 giver to Borrower pursuant to Section 22 and the notice of acceleration given actionprovisions to Botrowerpursuant to Section 18shall bedeemedto satisfy the noticeandoppornmrityto take corrective of this Section 20. 21. Hnardous 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 environmental 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. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an 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 presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency orprivate 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 governmental or regulatory authority, or any private party, that any removal or other ranediation 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 Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acmlemtbn following Borrower's breach of any covenant or agreement in this Security Instrument (bat not prior to accelersition under Section IS untem Applicable Law provides otherwise). Linder shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default mast be cured; and (d) that PENNSYLVANIA-Single Family Docillayre Wbruaa 000449.1362 FennIo Mae/Frsddie Mac UNIFORM INSTRUMENT - MERS www.d9ammaaaie.emn Form 3039 01101 Page 13 of 17 RWn13.emU.1m 69 a failure to cure the default as specified may result in acceleration of the sums secured by this Security instrument, foreclosure by judidd proceeding and sale of the Property. Lender shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foredesism proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. U the default is not cured as specified, Leader at its option may require immediate payment in full of all sums secured by this Security instrument witbont f artber demand and coy foreclose this Security Instrument by judicial proceeding. Lander shall be entitled to collect all expense incurred In pursuing tie remedies provided in this Section 22, Including, but mot limited to, attorneys' fees and costs of file evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all suns secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and beoome void. After such occurrence, La der 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 raidered and the charging of the fee is permitted under Applicable Law. 24. Waives. 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 hour prior to the commencement of bidding at a sberiffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Imuument 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. PENNSYLVANIA-Single F•mily Doe?Mpfe O%nM aoo.s4a-1362 Fannie Mae/Freddie Mae UNIFORM INSTRUMENT - MERS www.doempk.emn Form 3039 01101 Page 14 of 17 A,'s N-" p,ral9u.u®. W'sm 0 • BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrurnera and in any Rider executed by Borrower and recorded with it. (Seal) (sea) ANDY . STO ER -Borrower MICHELLE R. STOUFFER -Borrower Witness: _ (Seal) -Borrower - (seal) -Borrower Witness: d Ctaio &,* - (seal) -Borrower _ (Seal) -Borrower PENNSYLVANIA-Single Family ooearay/e a"Mas, so"##.1362 Fannie Mm/Freddle Mat UNIFORM INSTRUMENT • MERS www.aoemwy/e.eme Form 3039 01 /01 Page 15 of 17 F."IS.Mall.m 0 0 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF Frughn ) On this the 11 * day of A Ura+ deol p , before,,, U Ctl ff e F Scud M the undersigned officer, personally appeared ANDY W. STOUFFER, MICHELLE R. STOUFFER known to me (or satisfactorily proven) to be the person(s) whose name(s) is/arc subscribed to the within instnttrrent and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, 1 hereunto set my hand and official seals. ?)a v? ?SCaAu Signature Title of Officer i (Notary's Stamp and Embosser) My commission expires: Notarial Seal Valerie F. Souders.11QWY Public es1, NY cammwm g mar. 31, 2007 PENNSYLVANIA-Sinata Far A oodraplc Ee' bMW aoaara-ras? Fannie Mee/Freddie ac UNIFORM INSTRUMENT - MERS www.dacnwgk.com Form 3039 01 b1 Page 16 of 17 PLW@16m 1&t- A w S l ? Cvtifkate of Restdeoce of Mortraeee The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named in the within instrument; and (ii) Mortgagee's precise residence is: 2 EASTWICK DRIVE, SUITE 300, GIBBSBORO, NEW'JERSEY 08026 Witness my hand this day of a or rtgagee's Duly Authorized Adorney or Agem ? i2sG Type or Prior Name of Mortgagee or ?'s Dtdy Ar &=zd AwM -Arm PENNSYLVANIA-Sinals Family ooeMrpred9bn a aoot49-rau Fannie MaeIFreddk ac UNIFORM INSTRUMENT - MERS www.doemak.com Form 3039 01101 Pape 17 of 17 A ws ?\y,? rws9n? n.m 'I loan Number: 1009472778 Date: AUGUST 11, 2006 Prop" Addren: 408 MCINTOSH COURT, SHIPPENSBURG, PENNSYLVANIA 17257 EXHIBIT "A" LEGAL DESCRIPTION A.P.N. # : 21-N-17-319 Doe gkAwkmms 800449-ran www.docn k.eam ,A W S IY? Lgdlg.mm i r Loan Number: 1009472778 PREPAYMENT RIDER ADJUSTABLE RATE LOAN This Prepayment Rider is track this 11th day of AUGUST 2006 and is incorporated into and shall be deemed to amend and supplement the Promissory Note (the "Note") and Mortgage, Deed of Trust or Security Dad (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure repayment of Borrower's Note to NATIONAL FUTURE MORTGAGE, INC., A NEW JERSEY CORPORATION (the -Lender-). To the extent that the provisions of this Prepayment Rider are inconsistent with the provisions of the Note and/or Security Instrument, the provisions of this rider shall prevail over and shall supersede any such inconsistent provisions of the Note and/or Security Instrument. In addition to the covenants and agreements made in the Note and Security lnstrunuat, the Borrower and Lender further covenant and agree as follows: 5. BORROWERS RIGHT TO PREPAY I have the right to matte prepayments of principal any time before they are due. A payment of prindpal only is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing I am doing so. The Note Holder will use all of my prepayments to reduce the amount of principal that I owe under this Note. If I make a psrtW prepayment, there will be no changes In the due dates of my monthly payments unless: the Note Holder agrees in writing to that changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my pal pr'elmyment• If within 2 year(s) from the date of execution of the Security Instrument, I make a full prepayment or, In certain cases a partial prepayment, and the total of such prepayment(s) in any 12- mouth period exceeds TWENTY PERCENT (20%) of the original principal amount of this loan, I will lay a prepayment charge in an amount equal to the payment of 6 months advance Interest on the amount by which the total of my prepayment(s) within that 12-month period exceeds TWENTY PERCENT (20%) of the original principal amount of the loan. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Prepayment Rider. ANDY W. STOUFIAM NCMC GENERIC PREPAYMENT RIDER 00~4VINFaaa W041 1362 RE 103 REVISED 1020800) www.doemok.com Rtlol. MIN: 1002852-1009472778-0 Loan Number: 1009472778 ADJUSTABLE RATE RIDER (LIBOR Six-Month Index (As Published In The Wag Street JOrlman - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 11th day of AUGUST, 2006 , and is incorporated into and shall be deemed to amend and supplement the mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to NATIONAL FUTURE MORTGAGE, INC. , A NEW JERSEY CORPORATION ("Lender") of the same date and covering the property described in the Security instrument and located at: 408 MCINTOSH COURT, SHIPPENSBURG, PENNSYLVANIA 17257 [Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONETIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 8 .663 'b. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Data The interest rate I will pay may change on the 1st day of SEPTEMBER, 2008 and on that day every6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The 'Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Indent is to longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give ate notice of this choice. MULTISTATE ADJUSTABLE RATE RIDER--LIBOR SIX-MONTH INDEXDOCAbUkdFAMM :' (AS PUBLISHED IN THE WALL STREET JOURNALI Sirple Family-Fannie Mae MODIFIED INSTRUMENT Form 3138 1/01 Page 1 of 3 W1381.rMALM AWE 0 • (C) Caicalation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND 050/1000 percentage points ( 6.050 %) to the Curran index. The Note Holder will then round the result of this addition to the nearest ow-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the text Change Date. The Note Holder will then determine the amount of the trgnthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Date in full on the Maturity Date at my new interest tare in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Unilts on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.663 % or less than 8.663 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 500/1000 percentage points ( 1.5 0 0 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 15.663 %. My interest rate will never be less than 8.663 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes Wim. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to we and also the title acrd telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Bes elldal 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 tall of all sums secured by this Security Instnmwnt. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Leader also shaft not exercise this option if: (a) Borrower causes to be submitted to lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan 600416•!361 i Femity-Fannie Mae MODIFIED 114STRUMENI 3138 1/01 Page 2 of 3 Aw S I s ?? _ (Seal) -Borrower _ (Seal) -Borrower - (Seal) (Seal) -Borrower -Borrower eoo.eu-a3s2 assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Leader. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender release Borrower in writing. If bender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 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. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. (?) ??.??+ ? (Seal) ANDY V. STOU 'ER -Borrower MICHELLE R. STOUFFER -Borrower Single Fatuity-Fannie Mae MODIFIED INSTRUMENT Fwm 3138 1/01 Page 3 of 3 Usmn30jUJxm VERIFICATION 1 Ann Garble Mceprowent (title), authorized representative of Plaintiff depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. By: JPMC Specialty Mortgage, LLC Name: Ann GOWS Title: Zucker, Goldberg & Ackerman, LLC XCP-121030 1 <?<S? `J?CLiTy &L ckei ?To ?e? ems. a ? 13.33 c--s - 4 0 0 io??, r?l Sheriffs Office of Cumberland County R Thomas Kline ,u of 6twhr14 Edward L Schorpp Sheri' Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF -"a skE irr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on April 27, 2009 at 0940 hours this Complaint in Mortgage Foreclosure upon defendant Andy W. Stouffer is returned not served pet request from attorney Scott A. Dietterick. 04/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on April 27, 2009 at 0940 hours this Complaint in Mortgage Foreclosure upon defendant Michelle R. Stouffer is returned not served per request from attorney Scott A. Dietterick. 04/29/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on April 27, 2009 at 0940 hours this Complaint in Mortgage Foreclosure upon defendant Shippensburg Urban Developers Inc. is returned not served per request from attorney Scott A. Dietterick. SHERIFF COST: $69.00 SO ANSWERS, April 29, 2009 / R THOMAS KLINE SHERIFF 2009-2645 JPMC Specialty Mortgage, LLC VS Shippensburg Urban Developers, Inc. rv ,. CA) 1 C7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMC Specialty Mortgage LLC CIVIL DIVISION Plaintiff, NO.: 09-2645 vs. Andy W. Stouffer and Michelle R. Stouffer ; Shipensburg Urban Developers Inc. Defendant. PRAECIPE TO DISCONTINUE ACTION TO THE PROTHONOTARY: Please discontinue the above captioned action without prejudice. Respectfully Submitted: ZUCKER, GOLDBERG & ACKERMAN, LLC BY: tt LA. Diett Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire: PA I.D. #201493 Joel A. Ackerman, Esquire PA I.D. #202729 Attorneys for Plaintiff XCP-121030/sst 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX FJLED- t0 =r°1 114*1a OF T1 rr- F90M(';)N TAP 2009 MAY - I A 10: 18 I .tkt!?dS51,"" v1"R:INIp:i