HomeMy WebLinkAbout09-3079
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JPMC SPECIALTY MORTGAGE LLC,
vs.
Plaintiff,
Shipensburg Urban Developers Inc.; Andy W.
Stouffer and Michelle R. Stouffer
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.
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
7255 Baymeadows Way
Mail Stop JAXB2007. Jacksonville. FL 32256
AND THE DEFENDANT:
408 MCINTOSH COURT
SHIPPENSBURG. PA 17257
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFE CTED BY THIS LIEN IS
408 MCINTOSH COURT. SHIPPENSBURG PA 17257
Municipality: Southampton
ATTORNEY FOR PLAINTIFF
ATTY FILE NO.: XCP 121030
CIVIL DIVISION
NO.. O- 3 0 7 9
TYPE OF PLEADING
CIVIL ACTION - COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF:
JPMC Specialty Mortgage LLC
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
office@zucker olg dberg_com
File No.: XCP- 121030/sst
Zucker, Goldberg & Ackerman, LLC
XCP-121030
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JPMC SPECIALTY MORTGAGE LLC,
Plaintiff,
CIVIL DIVISION
NO.: 0 f -367 1 Gr?? l
vs.
Shipensburg Urban Developers Inc.; Andy W
Stouffer and Michelle R. Stouffer
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, : CIVIL DIVISION
Plaintiff, : NO.:
vs.
Shipensburg Urban Developers Inc.; Andy W
Stouffer and Michelle R. Stouffer
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 reclamacion 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, : CIVIL DIVISION
Plaintiff, NO.: D l_ 3 6 7 cl c N
VS.
Shipensburg Urban Developers Inc.; Andy W.
Stouffer and Michelle R. Stouffer
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 is JPMC Specialty Mortgage LLC, having 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 W. 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. Stouffer 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 on August 18, 2006, in Mortgage Book Volume 3233, Page 131. 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 Ashley Routledge, 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 & Ackerman, LLC
XCP-121030
ZUCKER, GOLD E & ER MAN
BY:
/Scott A. Dietterick, E uire
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 0
This ltrstrummt By: 4Prepared ASHLEY ROUTLEDGE, NATIONAL FUTURE MORTGAGE, INC.
(800)291-7900
Certified True Copy
Alta Recording Return To:
NATIONAL FUTURE MORTGAGE INC.
2 EASTWICK DRIVE SUITE 100
GIBBSBORO, NEW JERSEY 08026
Loan Number: 1009472778
Uniform Parcel Identifier Number: 21-N-17-319
Property Address: 408 MCINTOSH COURT
SHIPPENSBURG, PENNSYLVANIA 17257
(Space Above This Lk,e For Recording Dotal
MORTGAGE
MIN: 1002852-1009472778-0
DERNMONS
Words used in muiltiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated AUGUST 11, 2006 , together
with all Riders to this document.
(R) "IBorrower" is ANDY W. STOUFFER AND MICHELLE R. STOUFFER, HUSBAND
AND WIFE
Borrower is the mortgagor under this Security imtrm ant.
(C) "HERS" is Mortgage Electronic Registration Syatems, Inc. MFRS is a separate corporation that is acting
solely as a nominee for Lender and Leader's suomsors and assigns. HERS is the mortgagee under this Security
Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number
of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS.
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(D) "Lender" is NATIONAL FUTURE MORTGAGE, INC.
Lender is a NEW JERSEY CORPORATION organized
and existing under the laws of NEW JERSEY
Lender's address 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 Leer 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" means the property that is described below under the heading 'Transfer of Rights in the Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security instrument, plus interest.
(M "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower [check box as applicable):
® Adjustable Rate Rider n Planned Unit Development Rider
0 Balloon Rider ? Biweekly Payrner?t Rider
El 1-4 Ramify Rider 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
adttiniArative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
(.n "Commoalty 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.
(10 "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instnaneat, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfem.
(L) "Escrow Items" means those items that are described in Section 3.
(ND "MbCdlaneotse 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 Section 5) for: (i) damage to, or
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destruction of, the Property: 00 condemnation or other taking of all or any part of the Property; (iii) conveyance in
lieu of confutation, of (iv) misrepresentations of, or emissions as to, the value and/or condition of the Property.
(N) "M01%W Inauraeee" means insurance protecting Lender against the nonpaymest of, or default on, the Loan.
(0) "Ptriodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (hi) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" mum the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implemendas
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 negtsation that governs the sane subject matter. As used in this Security Instrument,
"RESPA" refers to all requirements and restrictions that are imposed in regerd'to a 'federally related mortgage loan'
even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
((y "Successor in Interest of Borrower" means any pony that has taken title to the Property, whether or not that
party has assuttned Borrower's obligations under the Note andfor this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all ranewais, extensions and
modifications of the Note, and (ii) the performance of Borrower's covenants and agreements under this security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as
nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the following
described property located in the
COUNTY of FRANKLIN
[Tyne of Recording Imisdiuionl IName of Recording lwimdictionl
SEE IBML CESCRIP17CN A77ACHE9 HERE10 AND MACE A PART HEREOF AS EM31T "A".
A.P.N.: 21-N-17-319
which currently has the address of 408 MCINTOSH COURT
15o-1
SHIPPENSBURG , Pennsylvania 17257 ("Property Address;):
ICityl [Zip codal
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easemew,
appurtenances, and fixtures now or hereafter a pan 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 MFRS 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 Lender and Leader's successors
and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose
PENNSYLVAMA-Si FsmNy coma pM0vanaas aoos wise:
Fa rde Mae/Freddie Ache UNIFORM INSTRUMENT - MERS
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and sell the Property; and to tale any action required of Lander including, but not limited to, releasing and canceling
this Security Instrument.
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 a 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 form itiomal use and non-uniform eovermts with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lander covenant and agree as follows:
1. Payment othincipal, Interest, EsaMa Items, Prepayment Charges, and Late Charges. Borrower shall
Pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late
charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due
under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Note or this Security Instrument is returned to I,aalcr unpaid,
Lander may require that any or all subsequent payments due under the Note and this Security linu mtent be made in
one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check. provided any such check is drawn upon an institution whose deposits are insured
by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
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 acoordatwe with the notice provisions in Section 15. Lender may return
any payment or partial payment if the payman or partial payments are insufficient to bring the Loan current. Lender
may accept any payment or partial payment insufficient to bring the Loam current, without waiver of any rights
herander or prejudice to its rights to refuse such payment or partial payments is the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
its scheduled due date, then Lacer need not pay interest on unapplied funds. Lender may hold such umapplied funds
until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of
time, Lender shall either apply such funds or return than 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 Lander shall relieve Borrower from making payments due
under the Note and this Security Instrument or performing the covenants and agreements sacred by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Seaton 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 dune under this Security Instrument, and then to reduce the principal balance of the Note.
If Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may W applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, Leader may apply any payment received from Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may
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W applied to any lace charges,due. Voluntary prepayments shall be applied rust to any prepayment charges and then
as described in the Note.
Any application of payments, insurattce proceeds, or Miscellaneous Pro=& to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Bunch for Em w Items. Borrower shall pay to Lender on the day Perlodic Payments are due under the
Note, until the Note is paid in full, a sum (the Tuds•) to provide for payment of amounts due for: (a) taxes and
assessmens and other items which can attain priority over this Security Instrument as a lien or encumbrance on the
Property: (b) leasehold payments or ground rents on the Property, if any: (c) premiums for any and all insurance
required by Lender under Section 5: and (d) Mortgage Insurance 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, bender 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 funish to Lender all notices of amounts to be paid
under this Section. Borrower shall pay Lender the Funds for Escrow Item unless Leader waives Borrower's
obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrowers obligation to pay to Lender
Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,
Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if lender requires, shall furnish to Leader receipts evidencing such payment
within such time period as bender may require. Borrower's obligation to make such payments and to provide receipts
shalt for all purposes be deemed to be a covenant and agreement contained in this security instrument, as me parase
"covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, purauam to
a waiver, and Borrower falls to pay the amount due for an Escrow Item, Lefler may exercise its rights under Section
9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount.
Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds
at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA.
Lender shall estimate the amour of Rinds due on the basis of current data and reasonable estimates of expenditures
of future Escrow Items or otherwise in accordance with Applicable Law.
7be Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
acuity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Leader shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Leader
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Furls,
Lender shall mot be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree
in writing, however, that interest shall be paid on the Funds. Leader shall give to Borrower, without charge, an
annual accounting of the Funds as required by RESPA.
If them is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for
the excess finds in accordance with RESPA. If these is a shortage of Funds held in escrow, as defined under RESPA,
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader die 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
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Fords held in escrow, as defined ruder RESPA, Lender shall notify Borrower as required by RESPA, and Borrower
shall pay to Lander 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, !.ender shall promptly refund to Borrower
any Funds held by Lander.
4. Charges; Lima. 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
Properly, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items
are Escrow Items, Borrower shall pay them in the manna 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 mar mer 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 Leader's opinion operate to prevent the enforcement of the lien
while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder
of the lien an agreement satisfactory to Lender subordinating the lien to this Security instruent. If Lender
determines that any part of the Property is subject to a lien which can attain priority over this Security histrument,
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 !.ender in connection with this Loan.
S. Property lasursnce. 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 of limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
maintained in the amours (including deductible levels) and for the periods that Lauder 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 L nder's right to disapprove Borrower's choice, which right shall
not be exercised unreasonably. Lender may require Borrower to pay. in connection with this Doan, either; (a) a ono-
time charge for flood zone detern ination, certification and tracking services; or (b) a one-time charge for flood zone
determination and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of
any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone
determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lander may obtain insurance coverage, at
Larder's option and Borrower's expanse. Lender is under no obligation to purdtase any particular type or amount
of coverage. Therefore, such coverage shall cover !.ender, 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 aclmowledges 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 !.ender under this Section 5 shall become additional debt of Borrower secured by this Security hnstrument. These
amounts shall bear interest at the Mote 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 Larder's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
PENNSYLVANIA-S' N Fanny
Fannie M"Mreddie Mac UNIFORM INSTRUMENT - MERS .CaM
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additional loss payee. Leader shall have the right to hold the policies and renewal certificates. If Leader requites,
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 deunu Lion of, the Property, such
policy shalt include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee-
1n the event of loss. Borrower shall give prompt mice to the insurance carrier and Larder. Leader may milt:
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 Lander, 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 bender's satisfaction,
provided that such inspection shall be undertaken promptly. Larder 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 die 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 surns 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, Linder may file, negotiate and settle any available insurance claim and
related miners. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender tray negotiate and settle the claim. The 304ay period will begirt when the
notice is given. In either event, or if Linder acquires the Property corder 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 die Property, insofar as such rights
are applicable to the coverage of the Property. Lender may use the insurance
proceeds either to repair or Property or to pay amounts unpaid under the Note or this Security Instnu ew, whether or not then due. restore the
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
Borrower is resWin the Property. ?Vr or not
g in 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 taping
of, the Property, Borrower shall be responsible for repairing or restoring the Property proceeds for such purposes. Lender may disburse proceeds for the only if Larder has released
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 Famlly
Fannie Mae*re&% Mae UNIFORM INSTRUMENT - MFRS DocabD?e E171aiwa X8.1362
Form 3039 01/01 Page 7 of 17 www.dbcnMk.cwn
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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 cam,
Lend" may inspect the interior of the improvements on the property. Leader shall give Borrower notice at the time
of or prior to such an interior inspection specifying such to wonable cause.
S. Borrower's Loam ApplicaeMn. 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 header (or failed to provide Lender with
material information) in eompetion with the Loan. Material representation 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 Prop wq and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Inniumtmt, (b) there is a legal
proceeding that might significantly affect Lender's irmerest in the Property and/or rights under this Security Instrument
(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may
attain priority over this Security instrument or to eaforoe laws or regulations), or (c) Borrower has abandoned the
Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the
Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property,
and securing and/or repairing the Property. Lender's actions can include, but are not limited to. (a) paying any suers
secured by a lien which has uriority over this Security hmrum a nt: (b) anoeerina in court: and (c) Pavinit 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 erode violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action
under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not tailing any or all actions authorized under this Section 9.
Any amounts disbursed by Leader under this Section 9 shall become additional debt of Borrower secured by this
Security Imuument. 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 IASmllrneat is on a leasehold, Borrower shall conTly 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 seeder agrees to the
merger in writing.
10. Mortgage Intuance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower
stall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage
Insurance coverage required by Leader ceases to be available from the mortgage insurer that previously provided such
insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage
Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage
Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage bmtraroe
previously in effax, from an alternate mortgage insurer sedated by Lender. If substantially equivalent Mortgage
Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated
payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain there
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any
interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance
PENNSYLVAMA--Single F"iv
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MFRS DaaMegee dVbrBW
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coverage (in the amount and for the period that [.ender requires) provided by as usurer selected by Lender again
becomes available, is obtained, and Lender requires separately designated payments toward the premiums for
Mortgage Insurance. N Lender required Mortgage Laurance as a condition of mating the Loan sM Borrower was
required to make separately designated payments toward the premiums for Mortgage lnsuraoce. Borrower shall pay
the premiums required to maintain Mortgage Insunum in effect, or to provide a non-refundable Iola reserve, until
Lender's requirement for Mortgage Insurimm ends in accordance with say written agreement between Borrower and
Leader providing for such termination or until termination is required by Applicable Law. Nothing in this Section
10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lander (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 parry to the Mortgage hxurance.
Mortgage insurers evaluate their total risk on all such insurance in form from tiro, to dm,, and may eater into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
conditions that are satisfactory to the mortgage insurer and the other party (or parties) to them agreements. These
agreements may require the mortgage insurer to nuke payments using any source of funds that the mortgage insurer
may have available (which may include finds obtained from Mortgage Lnsuuamce premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reiustmer, any other
entity. or any affiliate of any of the foregoing, may receive (directly or indirectly) amotmts that derive from (or night
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 agreenhent provides that in affiliate of Lender takes a share
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'captive reinsurance." Further:
(a) Any such Wtewarts will not affect the amounts that Borrower has Weed to pay for Mortgage
10811iranee, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe
for Mortgage Insurance, end they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the nights Borrower has - If any - with respect to the Mortgage
Imuraum under the Homeowners Protection Act of 1998 or any other law. These rights may include the right
to receive ohrtala disclosures, to request and obtain nmexNstion of the Mortgage Insurance, to have the
Mortgage Imta aoce ter wioated automatically, aud/orto receive a r dived of any Mortgage Insurance premiums
that were unearned at the tiwe or such caaoeliation or Wulmalbn.
H- Assignment of Miscellaneous proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to
and shall be paid to Lender.
If the property is damaged, such Miscellaneous proceeds shall be applied to restoration or repair of the Property,
if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, !.ender shall have the right to hold such Miscellaneous Proceeds until Lender has had an
oppoftunity to inspect such Property to ensure the work has been completed to bender's satisfaction, provided that
such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement
or in a series of progress pays as the work is completed. Utdeaa in 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
Imtnrment, 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-S to Family
Famiy Mae/Raddle Mac UNIFORM INSTRUMENT - MFRS Do~ CiPb0aw 10044*-IM2
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In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous proceeds shall be
applied to the sutras secured by this Security limmimerit, whether or not then due, with the excess, if any, paid to
Borrower.
In the event of a partial taking, destruction, or Iola in value of the Property in which the fair market value of
the Property immediately before ft Partial taking, destruction, or loss in value is equal to or greater than the amount
of the sumit secured by this Security Instrument imrnediately before the partial taking, destruction, or loss in wahue,
unless Borrower and Leader otherwise agree in writing, the arms secured by this Security instrument shall be reduced
by the amount of the Miwdlanaous Proceeds multiplied by the following fraction: (a) the total amount of the sums
secured immediately before the partial taking, destruction, orloss in value divided by (b) the fair market value of the
Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
secured immediately before the partial taking, destruction, or toss in value, unless Borrower and Leader otherwise
agree in writing, the Miscellaneous Proceeds shall be applied to the sums secined 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 nett 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, fender is authorized to collect and apply the Miscellaneous
Pmraeda either to munratinn or nwair of the Pmoertv or to the turn secured by this Security instrument. whether
or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could result in forfeiture of the Property or tuber material impairment of Leader's interest in the Property
or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate
as provided in Section 19, by causing the action or proceeding to be disWsaed with a ruling that, in Lender's
judgment, precludes forfeiture of the Property or other material impairment of lender's interest in the Property or
rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the
impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the
order provided for in Section 2.
12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest
of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower
or to refuse to extend time for payment or otherwise modify amortization of the stems 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 leader in exercising any right or remedy including, without limitation, Leader's acceptance of
payments from third persons. entities or Successors in interest of Borrower or in amounts less than the amount then
due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Sueae?ors and Assigns Bound. Borrower covenants and agrees
that Borrower's obligations and liability shall be joint and several. However, any Borrower wbo to-signs this Security
Instrument but does not execute the Note (a'co-sigcer'): (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
PENNSYLVANIA-Single Family Dotarp/c gPbn as 800610-1362
Fanhie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www docma * cony
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personally obligated to pay the sums secured by this Security Instrument: and (c) agrees that Lender ad any other
Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
incuumern or the Note without the co-signer's consent.
Subject to the provisions of Section 19, 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 Lander.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
default, for the purpose of protecting L nder'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 Instrwnent to charge a specific fee to Borrower shall not be consumed
as a prohibition on the charging of such fee. Lander 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 colleted in connection with the LA= exceed the permitted limits.
then: (a) arty 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 malting a direct payment
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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 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 entice
address by notice to Leader. Borrower shall promptly notify Lander of Borrower's change of address. If Lender
specifies a procedure for reporting Borrower's change of address, then Borrower shall tally report a change of address
through that specified procedure. Then 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 Larder's
address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection
with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.
If any notice required by this Serenity Instrument is also required under Applicable Law, the Applicable Law
requirement will satisfy the corresponding requitement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by
federal law and the law of the jurisdiction in which the Property is located. Ail rights and obligations contained in
this Security Instrument are subject to any requirermeots and limitations of Applicable Law. Applicable Law might
explicitly or implicitly allow the parries 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
Lmstnansw 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 ceg?errta &W-W-1392
Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS N N N db car
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00 As used in this Security Instrument: (a) words of the masculine gender shall man and include corresponding
neuter words or words of the feminine gander; (b) words in the singular shall mew 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 Beneficial 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 pan 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,
!.ender may require immediate payment in full of all sump secured by this Security Instrument. However, this option
shall not be exercised by Leader if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Leader 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 tbis Security Instrument discontinued at any time Urior to the earliest of. (a)
five days before We of the Property pursuant to any power of sale contained in this Security Instr unem; (b) such
other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a
judgmax enforcing this Security Instrument. Those conditions are that Borrower: (0 pays Lender all sums which
then would be due tinder 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 Instr uni ent, 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 miler this Security Instrument; and (d) takes such
action as Lender may reasonably require to assure the Lender's interest in the Property and rights under this Security
Instrument, send Borrower's obligation to pay the suns secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,
as selected by L ender: (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 Services; 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 Senvicer') 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. Then; also might be one or more changes of the Loan Servicer unrelated to a sale
of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will
state the name and address of the new Loan Servicer, the address to which payments should be made and any other
information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter
the Loan is serviced by a Loan Servieer other than the purchaser of the Note, the mortgage loan servicing obligations
PENNSYLVANIA-Sinpb Family ?ap?c!1 1onow aooe4m?r30
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to Borrower will remain with the Loan Service or be traoderred to a successor Loan Savicer and are not assumed
by the Note purchase unless otherwise provided by the Note purchaser.
Neither Borrower nor Lander may commem, 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 Insa mrem or that
alleges that the other parry has breached any provision of, or any duty owed by reason of, this Security Instrument,
until such Borroweror Leander has notified the other party (with such notice given in compliance with themquirements
of Section 13) 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 given to Borrower pursuant to Section 22 and the notice of acceleration given
to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunhy to takecerreaive attimprovisiors
of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the followiag 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" mews federal
laws and laws of the jurisdiction where the property is located that relate to health, safety or environmental protection;
(c) *Environmental Cleanup" mcludes any response action, remedial action, or removal action, as defined in
Environmental Law; and (d) an "Environmental Condition" mesas 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 Landes 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 parry, that
any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any
obligation on Landes for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedles. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach ofany covenant or agreement in this Security Instrument (but not prior to acceleration under
Section 18 unkas Applicable Lew provides otbavise). Lender sW 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
PENNSYLVAMA-SkVIO Fomay o«se prcetldassas soo?s•rtez
Fareda M-1FrMVie Mac UNIFORM INSTRUMENT - MERS
Form 3039 01p1 Page 13 of 17 www.doememb.com
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failure to eaue the default as speCMW may result In acceleration of the sum secured by this Security
instrument, foreclosure by judkW proceeding and sale of the Property. Lender doll further Inform Borrower
of the ?'W to rdaataie after acceleration and the right to asset in the fore doa m proetedig the
of a deraedt or any other defense of Borrower to acceleration and roreclosore, if the default is not cured as
specified, Larder at Its option may require immediate payment in full of all sews secured by this Sanity
lastrthment without further demand and may foreclose this Security Instrument b
shall be entitled to called all apenses Incurred in pursuing the remedies provided in this Sec Indadiag,
but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrummt, this Security Instrument and the
estate conveyed shall terminate and become void. After such occurrence, Lender shalt discharge and satiety 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 patty 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 We, and homestead
exemption.
25. Reinstatement Period. Borrower's time to reinstate provider[ in Section 19 shall extend to one lour 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 tide to the property. this Security Instrument shall be a purdtase money mortgage.
27. Interest Rate Alter 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-Si is Fermily
Fannb Mee/Fmddie Mac UNIFORM INSTRUMENT - MERS
Form 3039 01/01 Page 14 of 17 -wW-dDCM890e cam
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instr== and in any Rider executed by Borrower and recorded with it.
(Seal)?l
ANDY ST -Borrower MICHELLE R. STOUFFER -Bo m(ar)
(Seal)
-Borrower
Witness:
Witness:
ooho d %,t(iQ.kz na li&Jhh
- (Seal)
-Borrower
- (Seal)
-Borrower
PENNSYLVANIA- is FgmH
Fww" Mss/Froddis Iriee UNIFORM INSTRUMENT • MERS
Form 3038 01!01 *WW. pap 15 of 17 eoro
- (Sea)
-Borrower
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COMMONWEALTH OF PENNSYLVANIA ) i
SS:
COUNTY OF )
FrW1}'1111 )
On this the f) * day of A Ur+ , before=, ra(erl e R %5CW ers
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/are subscribed to the within instrument
and acknowledged that WaluJthey executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and ofl5 W seats.
Sign-tm
Tide of Officer
(Notary's Stamp and Embosser) My commission expires;
Notarial Seal
Valerie F. 8twdera, Notary Public
Peters 11ap. Franklin Couch'
My Commission Fagtirea Mar. 111, 2007
PENNSYLVANIA-Si N FarmlIyy
Fannie trlae/Freddia Mac UNIFORM INSTRUMENT - MERS DoeaNgVc WbMM O-6494362
I0 aime n
Form 3039 01/01 warw.doeuaa
Page 16 of 17 pk•cavn
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Certl OM of RmWmm of mgdc m
Mw d hey eertifiea that: (i) he/she is the Mortgagee or the duly attdtorized attorney or ageru of
the Mortgagee named in the within instmmnenr and (li) Mortgagee-s Prise reaidwoe is.
2 EASTWICK DRIVE, SUITE 300, GIBBSBORO, NEW-JERSEY 08026
Witness my hand this day of
cj4 or 'a Duly Andwrimd Aum=y or Agent
Type or Prim Nam of Monpgee or a Daly Aodmimd Aaomey or Agent
Fenrde r
PF-NNSYLVANtA-Sftle Family
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Farms 039 01eddb Mae UNfFORM INSTRUMENT - MERS Donldepowww?s www.dbcmmpb.com
Form X39 OtlOt Page 17 at 17
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Loan Number: 1009472778
Date: AUGUST 11, 2006
PmPertYAddren' 408 MCINTOSH COURT, SHIPPENSBURG, PENNSYLVANIA 17257
EXHIBIT "A"
LEGAL DESCRIPTION
A.P.N- # : 21-N-17-3
8004,604302
W+u.? /? WS {Y??Q?j. 1
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Loan Number: 1009472778
PREPAYMENT RIDER
ADJUSTABLE RATE LOAN
Thus Prepayment Rider is made this 11th day of AUGUST 2006 and is
Momomporated into and shall be deemed to amend and supplement the Promissory Note (the 'Note.) and
Sage, Deed of Trust or Security Dad (the -Security ho tumum') of the same date given by the
undersigned (the 'Borrower') to segue 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
ardor Security Instrument, the provisions of this cider 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 Instrument, the Borrower and
Lender further 00vena9 and agree as follows:
5. BORROWERS RIGHT TO PREPAY
1 have the sight to make prquyments of prindpal any time bdore
te Hol ore RbIt e
Principal only is knows as a "prepayment". When I make a p?7 I ' awill n tell due. the A Nopa or
in writing I am doing so. The Note Holder will use all of my prepayments , to reduce the der
n.tn..inat fRof t nm- .mini f%z- »-•- •e t ^,,,,,, - -- ? -all L_ _ amount Of
due data of my monthly paymeab unless: the Note Holder awes In writing to those duu6es. My
Partial prepayment may seduce the amount of my monthly payments after the first Change Date
following my partial prepayment.
If within 2 year(s) from the date of exe:ation of the Security Inahvment, I make a fun
Prepayment or, in certain caeca a partial ImpaYment, and the total of such prepayment(s) in any 12,
month period exceeds TWENTY PERCENT (20%) of the original principal amount of this kids, I will
pay a prepayment charge in an amount equal to the payneat of 6 months advance inherent 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 . STOUF T?=---
NCMC GENERIC PREPAYMENT RIDER
RE 103 REVISED /020800/ DMUMIle9V s®aD eoOSrah3c2
www.dbcmiy?ie.evm
Romito
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MIN: 1002852-1009472778-0 LOan Number: 1009472778
ADJUSTABLE RATE RIDER
(LIBOR Six-Month Index (As Published In The Wall Sorest JoumaI)
- 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 Trost, 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
AMOUNTBORROWER'SINPF.R WRATECANCHANGEATANYONETIMEAND
THE MAXIMUM RATE BORROWER MUST PAY.
uuou.MU.em
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 %. 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 die London market
("LIBOR"), as published in The WaU 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 Index is no longer available, the Note Holder will choose a new index that is based upon
comparable information. The Note Holder will give me notice of this choice.
LAS PUBLISHED IN THE WALL STREET,10!/RAGq(j'n-mvrv i n rnutx 0a~?ak=W soa6IW2
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(C) Cakulxdm of Changes
Before each Change Date, the Note Holder will calculate
SIX AND 050/1000 lay new interest 50 rate by alb
Index. The Note Holder will then round the result of this apoints ( 6 to
ddition to the° .050 on %) o-ei the Gurnee ghth Peroetatage point (0.125'%). Subject to the limits stated in Section 4(D) below, mount one
my new interest tale until the next Chang , this rounded annout will be
e Date.
The Note Holder will then determine the amount of the monthly payer the would be sufficient to
repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my
new interest rate in substantially equal payments. The result of this calculation will be the new amount of
my monthly payment.
(D) Limits on interest Rah changes
The interest rate I am required to pay at the rust Change Date will not be greater than
10.663 % or leas than 8.663 %. Thereafter, my interest rate will der be iocrased
or decreased on any single Change Date by more than ONE AND 5 0 0 / 10 00
I have been paying for the percentage points ( 1.500 %) from the rue of interest
preceding 6 .months. My interest rate will never be greater than
15.663 %. My interest rue will never be less than 8.663 %.
(E) Ef&dive Date of Changes
My new leanest rats 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 again.
(h) Notice of Changes
ofmy rnonwy payer before the effective date of any change. The notice will include information required
by law to be given to roe and also the title and telephone number of a person who will answer any question
1 may have regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Uniform Covenant 18 of the Security Imrnnnent is amended to read as follows:
Transfer of the Property or a Beadidat Interest In Borrower. As used in this Section
18, 'Interest in the property" means any legal or beneficial interest in the
but not limited to. those beneficial interests transferred in a bond for deed, including,
installment sales contract or escrow unmet for deed,
se leans of which is the transfer of title by
Borrower at a future date to a purchar.
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, Leader may require immodiate 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. Lender also shall 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)
Latch reasonably determines that Leader's security will not be impaired by the loan
++.. -uevN WA-MONTH INDEX
(AS PUBUSHED IN THE WALL SnWEETJOUPWALI 17oCaa eD0.s1Ai9e3
Fortin 3138 1/Otannie Mee MODIFIED INSTRUMENT M'??gc0M
Page 2 of 3
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assumption and that the risk of a breach of any coveam or agreement in this Security
Instrument is acceptable to Lender.
To the extent pemltitted by Applicable law, lender may charge a reasonable fee as a
condition to Lender's consent to the loam Assumption. Lander also may require the transferee
to sigh an assumption agreement that is acceptable to Lender and that obligates the transferee
to keep all the promises and agreammts made in the Now and in this Security Instrument.
Borrower will Contlmre to be obligated under the Note and this Security htstrmuxnt unless
Lender releases Borrower in writing.
If Lender 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 Instnnnent. If Borrower fails to pay these sums prior to
the expiration Of this period, Lender may invoke any remedies pettnitted by this Security
Testnunent 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.
LS t
- (seal) (Seal)
-Borrower -Borrower
- (sea) ()
-Borrower -Borrower
-Mu ry n MUM
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SAS PUBLISHED IN tHE WALL STREET JOURNAL) In
Singla Family-Fennio Mae MODIFIED INSTRUMENT www.dbcmapi¢•ean
Forth 3138 1/01 Page 3 of 3
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VERIFICATION
1, Ann Gartils
ice (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 beliet:
A'L
By: JPMC Specialty Mortg
age, LLC
Name: Ann Garble
Title: VMW-rTeelom
Zucker, Goldberg & Ackerman, LLC
XCP-121030
Fil 1, E:
*OF THE
it 9 K,' ` i F ! : I
IV, So Dd-coFy Zuc'c' Collin
ckh 31.6 4
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JPMC Specialty Mortgage LLC CIVIL DIVISION
Plaintiff, NO.: 09-3079
vs.
ANDY W. STOUFFER
Defendant.
PRAECIPE TO WITHDRAW
COMPLAINT IN MORTGAGE FORECLOSURE
Please mark the Complaint filed at the above-captioned term and number
WITHDRAWN, without prejudice.
Respectfully Submitted:
ZUCKER, GOLDBERG & ACK~NIAN, LLC
BY:
Sc A. Dietterick, Esquire; LD. #55691
Kimberly A. Bonner, Esquire; PA LD. #89'''
Eric Santos, Esquire: PA LD. #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
FILED-~~~rIC~
QI` THc F'Ei~rt~-'r~:~?~Y
~~09 JUG 10 ~~1 3~ ! 3
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