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Home My WebLink About09-2770U/ McCABE, WEISBERG AND CONWAY, P.C. BY: ,'URRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. 4126 Enola Road Newville, Pennsylvania 17241 and Pamela L. Calaman 4126 Enola Road Newville, Pennsylvania 17241 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number Qg 97V e/ vi 1 T?KM CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P., a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr., who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 4126 Enola Road, Newville, Pennsylvania 17241. 3. The Defendant is Pamela L. Calaman, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 4126 Enola Road, Newville, Pennsylvania 17241. 4. On September 21, 2007, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems Inc. as nominee for SurePoint Lending abn First Residential Mortgage Network, Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County as Instrument No. 200737642. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems Inc. as nominee for SurePoint Lending abn First Residential Mortgage Network, Inc. to BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P., by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 4126 Enola Road, Newville, Pennsylvania 17241. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $ 300,901.77 Interest through April 24, 2009 $ 12,148.20 (Plus $59.55 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 614.46 Corporate Advance $ 29.00 Escrow Advance $ 632.00 GRAND TOTAL $ 315,625.43 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $315,625.43, together with interest at the rate of $59.55 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG A CONWAY,P.C. BY- Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE (? G Prepared By: Bryce Malone First Residential Mortgage Network, Inc. 9500 ORMSBY STATION ROAD ]LOUISVILLE, KENTUCKY 40223 173%03b Ory>8/Tq en ad T . rep t n>t a dential Mortgage N In O do d, to 107 Parcel Number. 4:3 - I t' 3 O(A - 031 Premises: 4126 XWOLA RD, NEWVILLE, PENNSYLVANIA 17241 aOg Vf ogal 610 1735436 D2 091 001 ISpece Alwve Thb Line For Recording Dotal MORTGAGE MIN 1002756-0010181964-0 When Recorded Mail To: MFRS TELEPHONE: (888) 679.6377 Real Estate Title Services, LLC 9721 Ormsby Station Road, Suite 105 Louisville, KY 40223 (502) 315-1670 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 am also provided in Section 16. (A) "Security Instrument" means this document, which is dated September 21, 2007, together with ail Riders to this document. (1) `Borrower" is Kenneth R Calsman JR and Pamela L Calnman. Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERE Is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number ofP.O. Box 2026, Flint MI 49501-2026, tel. (888) 6W MERS. (D) "Larder" is SurePoint bending abn First Residential Mortgage Network, Inc.. Lender is a corporation organized and existing under the laws of. Leader's address is 9721 Ormsby Station Road, Suite 107, Louisville, KENTUCKY 40223. Q,?' (E) "Note" means the promissory K?? i? VW by?p 'B?'Bmlf dated September 21, 2007. The Note states that Borrower owes Lender Three Hundred Four Thousand And 001100 Dollars (U.S. $304,000.00) plus interest. PENNSYLVANIA - Single Family - Fannie Ma AhWdie Mae UNIFORM INSTRUMENT W1TIi MM Form 30391/01 "(PA) (0018 01 Page 1 of 15 pacmertd initial r. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1, 2037. (I) "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, phis interest, any prepayment charges and late charges due under the Note, anet all sums due under this Security Instru neat, plus Interest. (l) "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 [ ] Planned Unit Development Rider [ ] Second Home Rider [ ] Balloon Rider j ] Biweekly Payment Rider [ ] 1.4 Family Rider [ ] VA Rider L ] Other(s) [specify] [ ] Condominium Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative tales 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 simibr organization. (I) "Sbetronic Funds Transfer" means any transfer of fmds, other than a transaction originated by check, draft, or simile 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 hansfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated olearinghouse transfers. (L) "Escrow Items" means these items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Seaton 5) for: (i) damage to, or destruction of, the Properly; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations o$ or omissions as to, the value and/or condition of the Property. (IQ) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or defiwlt 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 ofthis Security Instrument. (P) "RBSPA" 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 Borrowees obligations under the Note and/or this Security Instrument. TRANSFER. OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ti) the perfbrmanee of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MBRS (solely as PEMYLVANIA - Single Family - Fannie MaclFrattle Mae UNIFORM OWMUMENT WITH MFRS Form 30391/01 6A(PA) (0508).Of Page 2 of 15 ??i..?p Initiate t. nominee for Leader 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 EXHIBIT W ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. which currW* has the address of 4126 ENOLA RD [Street] NEWVILLE [City], Pennsylvania 17241 [Zip Code) C?roperty Address'): TOGETHER WITH all the improvements now or hereafter erected on the properly, and all easements, appurtenances, and f lures now or hereafter a pact of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to In this Seem* Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower In this Security Instrument, but, If necessary to comply with law or custom, MFRS (as nominee for Lander end 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 Larder including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawShlly 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 tide 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 WOWS: 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 fiends 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 Lender. (a) cash; (b) money order, (c) certiSed check, bank check, trauurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits am insured by a federal agency, kwumentality, or entity; or (d) 'Electronic Funds Transfer. PENNSYLVANIA -Single Family -Fannie MadFreddle Mac UNIFORMINMUMENT NVrM MFRS Form 30391/01 6A(PA)(0308?01 Page3 oflS IniUulx kf4 - 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 arc 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 refine 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, than Lander 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 timq Lender shall either apply such fiords 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 of 1het 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. Applkatlon 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 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 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 firm Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in hull. 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 Iate 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. Ptmds for Escrow Item& Borrower shall pay to Lender 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 die for. (a) taxes and assessments and other it= which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance 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. Lander may waive Borrower's obligation to pay to Lander 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 Lander requires, shall burnish 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 shall 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 PENNSYLVANIA - Single Fan* - Fannie Mae/Freddle Mac UNIFORM INSTRU14ffM WITH MRS Form 30391/01 6A(PA) (0508101 Page 4 of 15 pay Escrow Items directly, pursuant to a waiver, and Borrower fans 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. Larder 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 am 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 der 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 Lender, if Lender is an institution whose deposits am so roamed) 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 Fends, 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 requites interest to be paid on the Funds, Lender shall not be requited to pay Borrower any interest or earnings on the Funds. Borrower and Lander can agree in writing, however, that interest shall be paid on the Punds. Lender shall give to Borrower, without charge, an annual accounting Mile 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 requited 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 fidl 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 extant that these items are Escrow Items, Borrower shall pay than 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 lion 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 ace concluded; or (e) secures from the holder of the lien an agreement sedafhctory to Lender subordinating the lien to this Security Instrument. IfLender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrrmnent, 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 stall 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 PB.NNSMVAMA - Single Family - Fannie Mae/Freddie Mae UNI *Ml INSTRUMM WMI MFRS Form 3039 IMI GA(PA) (e50a).Cl Page 5 or 15 IaAfale:,?Q?'??_ FOX- hazards induding, 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 dump 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 chap for flood zone determination, certification and tracking services; or (b) a onetime charge for flood zone determination and certification services and subsequent charges each time ramappings or similar duu*w occur which reasonably might affect such determination or certification. Borrower shall also be responsible fbr the payment of any flees imposed by the-Federal Emergency Management Agency In carnation with the review of any flood zone determination resulting from an objection by Borrower. If Borrower falls to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option &W 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 protest Borrower, Borrower's equity In the Property, or the contents ofthe Properly, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effecL Borrower admowledges 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 Terse amounts shall bear Interest at the Note rate from the date of disbursement and shall be payable, with such intereet, 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 mortgages and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Leader. 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, Lauder 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, Lander 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 am 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 flle, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Larder that the instumce 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 iq an amount not to exceed the amounts unpaid PE"YLVANIA - single Family - Fannie Madlhvddle Mae UNIFORM INSTRUMENT WITH MFRS Form 30391/01 6A(PA) (0508).01 Pager 6 of is Initiela:? under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned promiums 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 eldw to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument; whether or not dm 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 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 Properly only if Leader has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not 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, Leader may inspect the interior of the improvements on the Property. Lander shall give Borrower notice at the time of or prior to such an In todar inspection specifying such reasonable cause. & 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 Lander (or funded 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 PJ&b Under this Security Instrument. If (a) Borrower frliis to perform the covenants and agreements contained in this Security Instrument, (b) them is it legal proceeding that might significantly affect Lender's Interest In the Property and/or rights under this Security Instrument (suds as a proceeding in bankruptcy, probate, for condemnation or forfeiture„ for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, than Lauder may do and pay for whatever is reasonable or appropriate to protect Leader'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' few to prated its interest in the Property and/or rights under this Security Int=ent Including its soared position in a bankruptcy proceeding. Securing the Properly includes, but is not limited to, entering the Property to make repairs, change lodes, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities twined 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. PENNMVANU- Single Family - Fannie MadFreddle Use I NIFORM IN.SM11112M Wr M MEmS Form 30391/01 6A(PA) (0508).01 Page 7 of 15 ? InaklxM,.?.n`-._ O-A Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note 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 tide 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 required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in efifxt. It 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 hlsueamoe, 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 oonthwe to pay to Lander the amount of the separately designated payment 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 diall 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 Leader requires separately designated payment 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 Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Leader'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 pumbases 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 mod* their risk, or reduce losses. These agreement are on terms and conditions that are sadaftictory to the mortgage insurer and the other party (or parties) to these agreement. These agreement may require the mortgage insurer to make payments using any source of finds that the mortgage insurer may have available (which may include finds 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. (b) Any such agreement 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. Thee right may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, PENNSYLVANIA - Single Family - Fannie MaN1+'reddle We UNIFORM INSTRUMENT \YMI MFRS Form 30391/01 6A(PA) (0508).01 Pap 8 Or is Initials:, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the Umo 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 Properly, 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 Properly to ensure the work has been completed to Lender's satIsil;otion, 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 sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shell be applied In the order provided for in Section 2. In the evert 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 hnmeddately before the partial takin& destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument lmmediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following Audon: (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 irunediataly 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 than 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 data 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 seared by this Security Instrument, whether or not then due. "Opposing Party" means the third patty 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 are such a default and, If acceleration has occurred, reinstate as provided In Seddon 19, by cursing the action or proceeding to be dismissal 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 InstrumenL 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. PENNSYLVANIA - Slagle Family- Fowde Mae/Preddie We UNIFORM UWMTJMENT w1TH MERS Form 30391/01 6A(PA) (0508101 Page 9 or l5 Initiab: { 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. IL Borrower Not Released; Forbearance By Loader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor In Interest of Borrower or to 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. I& Joint and Several 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 cosigns this Security Instrument but does not execute the Note (a "ce-signs"): (a) is co-signing; this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (e) agrees that Lauder and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of ibis 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. Leader may charge Borrower has for services performed in connection with Borrower's dehult, 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 an other foes, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall no 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, than: (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 refimd by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refimd 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 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 Lander of Borrower's change of PBNNMVANIA - Single Family - Fannie MaelFreWle Mae UNIFORM 114MUMENT NY= MFRS Form 30391/01 6A(PA) (0508).01 Page 10 of 15 1W C- 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 Len's address stated herein unless Leader 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; Severabilltl, 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 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. As used in this Security Instrument: (a) words of the masculine gander 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 (o) the word "nay" 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, is. Transfer of the Property or a Beoefletai 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 Properly 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 alone 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 Instrumeat 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 Saaurity Instrument. Those conditions are that Borrows: (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 hncurred 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 Instrunent, and Borrower's obligation to pay the sutras secured by this Security Instrument, shall continue unchanged. Leader 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 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Moe UNIFORM INMUh9W NVITII MGRS Form 30391101 6A(PA) (0509).01 Page I I or is Initial 'P.JRr VIC- check, bank check, treasurer's check or cashier's deck, 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 can 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 Inmmeut) can be sold one or mom 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 Servlc er unrelated to a sale of the Note. If there is a change of the Loan Se nicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Sevicer, 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 tharsfta the Loan Is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Sexvic:er or be transferred to a successor Loan Sevicer 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 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 o4 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 befbre 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 giver 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. Hanrdous Substances. As used In this Section 21: (a) "Hazardous Substances" am 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, tondo pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal Inn and laws of the jurisdiction where the Property is tooted 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 thregten 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 as Environmental Condition, or (e) 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 Properly 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 Leader written notice of (a) any Investigation, claim, demand, lawsuit or other action by any governmental 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, PBNNMVANIA - Single Family - Fannie MneMWdie Use UNIFORM INS7 RUMEN r WMI MFRS Form 30391/01 "(PA) (050401 Page 12 of 13 Initlata:VQ pof_ 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 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 crete any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender f nftr 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 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 accelemdon of the snots secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured as specified, Lender at its option may require immediate payment In full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to colt all expenses incurred in pursuing the remedies provided In this Section 22, incuuding, but not limited to, attorneys' fees and costs of title 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 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 Instrumeit, 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. 29. Reinstatement Period. Borrower's time to reinstate provided in Saxton 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. PENNSYLVANIA - Single Family - Fannie Mae/Freddie Use UNIFORM 1NS`rRUMRM WrM MFRS Form M91101 6A(PA) (0308).01 Pop 13 of 15 .?p tnkielc -- r ? BY SIQIV040 BELOW, Borrower accepts and agrees to the tarms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with It. Witnesses: (seal) n. A !1 f V JU(', O?? Kenneth R Cataman A -Borrower A V !" az - P.., (Sean ? n -Pamela L Calaman -Borrower ?]AJpr0. L , 0???^ _ (Seal) -Borrower (seal) Borrower PZNN%YLVANU - Steele Family - Fannie MadFreddle Mae UNUOR11 BWMUAUM WrM MlrRl3 Form 30391/0I 6A(PA) (O M01 Pope 14 of 15 t , COMMONWRAUR OF i NSYLVANIA County ss: -100 before me, the undersigned officer, On this, the ?_ day of &dant personally appeared Icennoth R Cabman JR an mL Cman, known to me (or satis&Ctorily proven) to be the person(s) whose name(s) is/am subscribed to the within instrument and acknowledged that Wishe/they executed the same for the purposes herein contained. IN WITNESS V?1?, I, r?arecto„,my hand and official seal. MyCommission Fxplres: rylY /r ? S r xC/ry , i?(,, vif.•r y i $al t NOTARIAL SEAL ?` L . ?QJJ N1 DEBRA L GOGGIN NdNYPUW HIGH8PW BOROUGH, DAUPHIN COUN Y fb Caadsston EWM Apr Ii, 2009 I, ?• ,l ,t?l v'Z' J , do hereby cart* that the correct address of the imed Mortgagee is 9721 Ormsby Station Road, Suite 107, Louisville, KENTUCKY 40223. Witness my hand this day of O i r1A Agent ofMoagtVa PEN MVANIA - Sb*w Family - FA=IC Mae/Fm"M Mae UNIFORM INSTRUMBNT Wnu MERE Form 30391/01 6A(PA) (0508).01 Pop 15 of 15 Inidalx?p?Qe?y'? • ti ?ti r File Number: 207080429 Exhibit "A" All that certain tract of land sittiate in the Village of Bloserville, Township of Upper Frankford, Cumberland County, Pennsylvania, bounded and described as follows, to wit: Beginning at a bolt on the Northern dedicated right of way of Enola Road (SR 0944) on the dividing line between Lot No. 1 and Lot No. 2 on the hereinafter mentioned Final Subdivision Plan; thence along the said dividing line, North 10 degrees 23 minutes 31 seconds West 75.76 feet to an iron pin; thence by the same, South 71 degrees 28 minutes 25 seconds West 5.60 feet to an iron pin; thence by the same, North 14 degrees 37 minutes 01 seconds West 384.96 feet to an iron pin set; thence by the same, North 75 degrees 22 minutes 59 seconds East 290.63 feet to an iron pin set; thence by land now or formerly of St. James Lutheran Church of Bloserville and land now or formerly of Harry Wheeler, South 08 degrees 55 minutes 14 seconds West 494.96 feet to a bolt set; thence by the dedicated right of way of Enola Road (SR 0944), South 71 degrees 28 minutes 25 seconds West 93.18 feet to a bolt, the place of beginning. Containing a total area of 2.000 acres and being Lot No. 2 on the Final Subdivision Plan for Janice Lee Nallor recorded in the Recorder of Deeds in and for Cumberland County in Plan Book 82, Page 29. Being the same property conveyed to Kenneth R. Calaman, Jr. and Pamela L. Calaman, husband and wife, by Special Warranty Deed dated November 1, 2000, of record in Book 233, Page 811, in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. Being the same property commonly known as: 4126 Enola Road, Newville, Pennsylvania 17241 Tax ID No.: 43-11-3069-037 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200737642 Recorded On 9/28/2007 At 11:49:19 AM * Total Pages -17 * Instrument Type - MORTGAGE Invoice Number - 5566 User ID - KW * Mortgagor - CALAMAN, KEN ''TEE R JR * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. * Customer - REAL ESTATE TITLE SER LLC * FEES STATE SPRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES .. $35.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 AID $62 50 Certification Page DO NOT DETACH This page is now part of this legal document. TOTAL P I Certify this to be recorded in Cumberland County PA RECORDER O D DS r * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 111111i0005xxti0 FILEL)C1frF ??'f d y 1f: Sheriffs Office of Cumberland County R Thomas Kline r tit cumbp? ?A Edward L Schorpp Sheri Solicitor Ronny R Anderson - Jody S Smith Chief Deputy 0MCE of TAE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/14/2009 08:18 - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2009 IM2018 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kenneth R. Calaman, by making known unto Pamela L. Calaman person Ily, at 4126 Enola Road, Newville, Cumberland County, Pennsylvania, 17241 its contents and at the sa a time handing to her personally the said true and correct copy of the same. 05/14/2009 08:18 M -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2009 E 2018 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within lamed defendant, to wit: Pamela L. Calaman, by making known unto Pamela L. Calaman person Ily, at 4126 Enola Road, Newville, Cumberland County, Pennsylvania, 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $58.00 May 15, 2009 2009-2770 BAC Herne v Kenneth Calaman SO ANSWERS, R THOMAS KLINE, SHERIFF Depujwf Sheriff C"? ' 7 -E-n c { CA y e.cJ ,. fa s -< 0 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. 4126 Enola Road Newville, Pennsylvania 17241 BAC Home Loans Servicing, L.P. flea Countrywide Home Loans Servicing, L.P. Plaintiff V. Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. and Pamela L. Calaman Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-2770 civil term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. X Judgment by Default - Money Judgment - Judgment in Replevin Judgment for Possession Prothonotary If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Pamela L. Calaman 4126 Enola Road Newville, Pennsylvania 17241 BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. No. 09-2770 civil term Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. and Pamela L. Calaman Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. X Judgment by Default - Money Judgment Judgment in Replevin - Judgment for Possession Prothonotary If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway P.C. at (215) 790-1010. V. 1 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. Plaintiff V. Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. and Pamela L. Calaman Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-2770 civil term ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 04/25/09 to 06/16/09 Total $ 315,625.43 $ 3,156.15 $ 318,781.58 TERRENCE J. McCABE, ESQUIRE / MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this L7 day of 2009, Judgment is entered in favor of Plaintiff, BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P., and against Defendants, Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. and Pamela L. Calaman, and damages are assessed in the amount of $318,781.58, plus interest and costs. BY THE PROTHONOTARY: w McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. Plaintiff V. Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. and Pamela L. Calaman Defendants SS. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND The undersigned, being duly sworn according to law, deposes and says that the Defendants, Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. and Pamela L. Calaman, 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; and that the Defendants, Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. and Pamela L. Calaman, are over eighteen (18) years of age, and reside as follows: Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. 4126 Enola Road Newville, Pennsylvania 17241 SWORN AND SUBSCRIBED BEFORE ME THIS 16`h DAY OF JUNE , 2009 NOTARY P LIC COMMONWEALTH CF Pj::,,?,,-f,-VAMA NOTARIAL SEAL STACEY M. O'CONNELL, Notary Public City of Philadelphia, Phila. County My Commission Expires July 10 2012 Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-2770 civil term Pamela L. Calaman 4126 Enola Road Newville, Pennsylvania 17241 Z-?? (- A U" TERRENCE J. McCAI#E, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE- ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. Plaintiff Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. and Pamela L. Calaman V. Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-2770 civil term CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS 16`" DAY OF JUNE '2009 Am ua M .(i?ak NOTARY PUBLIC C4)MT110NWJEA rH OF pLk N YLVANIA NOTARIAL SEAL STACEY R GCONNELL, Notary Public City of Philadelphia, Phila. County y Mq Gnmmission Expires July 10,_2012 TE ENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary June 5, 2009 To: Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. 4126 Enola Road Newville, Pennsylvania 17241 Countrywide Home Loans Servicing, L.p. And/or Mers As Appropriate vs. Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. and Pamela L. Calaman Cumberland County Court of Common Pleas Number 09-2770 civil term NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSF 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 WITHOUTA HEARING AND YOU MAY LASE YOURPROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 EWIft A NOTIFICACION IMPORTANTE USTED SE ENCUENI'RA EN ESTADO DE REBELDIA POR NO IIABER PRESENTADO UNA COMPARF.CENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOGADO Y POR NO HABER RADICADO POP ESCRITO CON ESTE IYUBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADos EN CONTRA SUMO. AL' NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA D£ ESTA NOTIFICACION, EL TRIBUNAL. PODRA, SIN NECESIDAD DE- COMPARFCER USTED EN CORTE U OIR PREVBA ALGUNA; DICFAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIETIES U OTROS DERECHOSIMPORTANTFS. USTED LE DEBE TOMAR ESTE PAPPL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA E)WUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMAC16N ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PROPORCIONAP PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLA CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGBILES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (8001,990''9108 ... BY: Attorneys for Plaintiff TERRENCE J. McCABE, fSM MARC S. WEISBERG, EEDWARD D. CONWAY, MARGARET GAIRO, ES ANDREW L. MARKOWITZ, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary June 5, 2009 To: Pamela L. Calaman 4126 Enola Road Newville, Pennsylvania 17241 Countrywide Home Loans Servicing, L.p. And/or Mers As Appropriate VS. Kenneth R. Calaman a/k/a Kenneth R. Calaman, Jr. and Pamela L. Calaman Cumberland County Court of Common Pleas Number 09-2770 civil term Exhlaft'A NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FABLED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WrrH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (Io) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY DOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESC.RITA, YA SEA PERSONALMENTE O FOR ABOGADO Y FOR NO HABER RADICADO FOR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIU (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA. SIN NECFSIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU COMMaA Y USTED PODRIA PERDER DIENES U OTROS DERECHOSIMPORTANTES. USTED LE DIME TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN AROGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLD CON INFORMACION ACERCA DE LAS AGENCTAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINOIIN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 9' BY: Attorneys for Plaintiff TERRENCE J. McCABE, ES IUIMI MARC S. WEISBERG, ESQ EDWARD D. CONWAY, E QUIRE MARGARET GAIRO, ESQ. ANDREW L. MARKOWITZ, ESQUIRE VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERRE CE J. Mc ABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ?.t' BLE' r.^d'O ARY OF T; 2009 j1d i l CYO 2 1 CUIL? F ' h ; -6. 6Mj S (4 , vz) G'{- La9y2- Cep.. .1 v t ,.~~ .,, LEI;, .....; p ~~ ~.; 2oto ~~ tc~ Pnti g •• ~ ca:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, subrogee of CALVIN WICKARD and LINDA WICKARD, Plaintiff, vs. CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY No: 10-2770 Civil TYPE OF PLEADING: Plaintiff s Motion to Compel Answers to Interrogatories AMANDA DEANER, Defendant. FILED ON BEHALF OF: Plaintiff, ERIE INSURANCE EXCHANGE COUNSEL OF RECORD FOR THIS PARTY: Reed J. Davis, Esquire Pa. I.D. #00501 Reed James Davis Pa. I.D. #64343 DAMS DAMS ATTORNEYS a professional corporation 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 412-489-1400 100132 F:\DOCS\21151 \100132\10080601.MotCompel lad 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, subrogee) of CALVIN WICKARD and LIlVDA ) WICKARD, ) Plaintiff, ) vs. ) AMANDA DEANER, ) Defendant. ) CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO: 10-2770 Civil CERTIFICATE OF CONCURRENCE Concurrence in this matter was not sought as there is no opposing counsel. Defendant has not answered the Interrogatories in Aid of Execution, which were sent to her on June 21, 2010. A Judge of the Court of Common Pleas of Cumberland has not ruled on any matter related to this case. By: Reed J. Davis, Esquire Pa. ID # 00501 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 (412) 489-1400 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ERIE INSURANCE EXCHANGE, subrogee) of CALVIN WICKARD and L1NDA ) WICKARD, ) Plaintiff, ) vs. ) AMANDA DEANER, ) CIVIL DIVISION, ARBITRATION AND STATUTORY APPEALS ONLY NO: 10-2770 Civil Defendant. ) PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND NOW, comes the Plaintiff, by and through their attorneys, Davis Davis Attorneys, a professional corporation, and Reed J. Davis and moves this Honorable Court to enter an order compelling Defendant to provide full and complete answers to interrogatories and in support thereof avers as follows: 1. Judgment was filed against the Defendant on June 11, 2010. 2. Subsequently, Plaintiff's First Set of Interrogatories in Aid of Execution was mailed to Defendant on or about June 21, 2010. 3. More than 40 days have passed and Defendant has not answered Plaintiff's Interrogatories. WHEREFORE, Plaintiff moves that an Order be entered in the form attached. DAMS DAMS ATTORNEYS a profe corporation ~~ By: Reed J. Davis, Esquire Pa. I.D. #00501 Attorney for Plaintiff 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 (412)489-1400 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Plaintiff's Motion to Compel /,,~'1 Answers to Interrogatories was served by United States mail, postage pre-paid, this ~/ day of Au st, 2010, to: AMANDA DEANER 602 Allenview Drive Mechanicsburg PA 17055 393 Vanadium Road, Suite 300 Pittsburgh, PA 15243 (412) 489-1400 Attorney for Plaintiff Pa. ID # 00501