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HomeMy WebLinkAbout09-3717Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 f Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 204871 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. JAMES T. CHAVIS ERNESTINE L.S. CHAVIS 6131 CHARING CROSS MECHANICSBURG, PA 17050-5204 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09 - J ! 17 C'Te-,?'^ CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 204871 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 204871 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES T. CHAVIS ERNESTINE L.S. CHAVIS 6131 CHARING CROSS MECHANICSBURG, PA 17050-5204 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/14/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMTRUST BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200746865. By Assignment of Mortgage recorded 05/22/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Document ID 200916922. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 204871 6. The following amounts are due on the mortgage: Principal Balance $297,610.06 Interest $13,208.40 11/01/2008 through 06/04/2009 (Per Diem $61.15) Attorney's Fees $1,300.00 Cumulative Late Charges $0.00 12/14/2007 to 06/04/2009 Cost of Suit and Title Search 750.00 Subtotal $312,868.46 Escrow Credit ($1,143.46) Deficit $0.00 Subtotal ($1,143.46) TOTAL $311,725.00 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 204871 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $311,725.00, together with interest from 06/04/2009 at the rate of $61.15 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By. awrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Attorneys for Plaintiff File #: 204871 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the northeast side of Charing Cross, located in Hampden Township, Cumberland County, Pennsylvania, said tract of land being shown as Lot No. 137 on a Final Plan of Hampden Court, Phase 3 prepared by GMZ Associates, Inc. dated July 13, 1986, Drawing No. 85-116, recorded in the Recorder of Deeds Office in and for Cumberland County in Plan Book 54, Page 74, said tract being more fully bounded and described as follows, to wit: BEGINNING at the northernmost comer thereof, at a point on the south right of way line of Charing Cross, being a corner of Lot No. 138; thence extending along Charing Cross the two following courses and distances: (1) on a line curving to the left, having a radius of two hundred seventy-five and zero hundredths (275.00) feet, an arc length of fifty and zero hundredths (50.00) feet, a chord bearing of South fifty-three degrees forty-eight minutes forty-two seconds East (S 53 degrees 48 minutes 42 seconds E), and a chord distance of forty-nine and ninety-three hundredths (49.93) feet to a point, and (2) South fifty-nine degrees one minute thirteen seconds East (S 59 degrees 01 minute 13 seconds E), a distance of twenty-seven and thirty-eight hundredths (27.38) feet to a point a corner of Lot No. 136; thence extending along the same, South thirty degrees fifty-eight minutes forty-seven seconds West (S 30 degrees 58 minutes 47 seconds W), a distance of one hundred fifty-eight and eighty-nine hundredths (158.89) feet to a point in line of Hampden Court, Phase 4; thence extending along the same, North fifty-six degrees fourteen minutes nineteen seconds West (N 56 degrees 14 minutes 19 seconds W), a distance of one hundred six and thirty-three hundredths (106.33) feet to a point a corner of the aforementioned Lot No. 138; thence extending along the same, North forty-one degrees twenty- File M 204871 three minutes forty-nine seconds East (N 41 degrees 23 minutes 49 seconds E), a distance of one hundred sixty and ninety-one hundredths (160.91) feet to the place of BEGINNING. BEING THE SAME PREMISES which RICHARD D. SWEENEY and PRUDENCE K. SWEENEY, HUSBAND AND WIFE by Deed dated 11/20/07 and intended for immediate recording in the Office of the Recorder of Deeds in and for CUMBERLAND County, Pennsylvania, granted and conveyed unto JAMES T. CHAVIS and ERNESTINE L. S. CHAVIS, HUSBAND AND WIFE, Mortgagor(s) herein. PARCEL NO. 10-19-1604-338 ADDRESS: 6131 CHARING CROSS File #: 204871 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. DATE: Attomey for Plaintiff File #: 204871 OF '?D-t 4'FRO ATARY 2x09 JUN -5 All lQ: I ? .9'7e 5-6 pa .1,7?Y clCo- VI3gb3 2gle?1.?G;--T o Sheriffs Office of Cumberland County R Thomas Kline "jr ?at cumbrr/Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE r --,E S,ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/08/2009 06:49 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2009 at 1849 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James T. Chavis, by making known unto himself personally, defendant at 6131 Charing Cross Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/08/2009 06:49 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on June 8, 2009 at 1849 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Ernestine L.S. Chavis, by making known unto James Ch vis, husband of defendant at 6131 Charing Cross Mechanicsburg, Cumberland County, Pennsylvania 1750 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, June 09, 2009 VTHOMAS SHHERIFF puty Sh iff 2009-3717 Wells Fargo Bank V James Chavis +?s Cn_- •.= s.. . nl ¢ r " _ t7 3 C?7 © C .: ,FCC C_ p ( ? WELLS FARGO BANK, NA, COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION Vs. No. 09-3717 CIVIL TERM CUMBERLAND COUNTY JAMES T. CHAVIS and ERNESTINE L.S. CHAVIS, Defendants. ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE Filed on Behalf of: Defendants Counsel of Record for this Party: Brian J. Bleasdale, Esquire PA I.D. Pa. I.D. #90576 BLEASDALE LAW OFFICE 931 Chislett Street Pittsburgh, PA 15206 (412) 726-7713 WELLS FARGO BANK, NA, COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION PS. No. 09-3717 CIVIL TERM CUMBERLAND COUNTY JAMES T. CHAVIS and ERNESTINE L.S. CHAVIS, Defendants. ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes James and Ernestine Chavis, by and through their attorney, Brian J. Bleasdale, Esquire, and the Bleasdale Law Office, and files the following Answer To Complaint in Mortgage Foreclosure wherein the following is averred: 1. Admitted. 2. Admitted. 3. Denied. It is denied that the Mortgage has been legally assigned or transferred, and strict proof is demanded at the time of trial. 4. Denied. It is denied that the Mortgage has been legally assigned or transferred, and strict proof is demanded at the time of trial. 5. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the dates stated in Plaintiff's Complaint and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied. It is denied that the amounts stated in Plaintiff's Complaint areaccurate, and strict proof is demanded at the time of trial. 7. Denied. Attorney's fees are not appropriate for this case. 8. Denied Plaintiff's corresponding paragraph is a Conclusion of law and no response is required. 9. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegation that the cited Notice(s) were forwarded properly to Defendants, and therefore this allegation is denied and strict proof is demanded at the time of trial. 14. Denied. Plaintiff s corresponding paragraph is a Conclusion of law and no response is required. WHEREFORE, the Defendants request that this Honorable Court dismiss the Plaintiff s Complaint. Respectfully submitted, BLEASDALE LAW OFFICE By: Brian J. Bleasdale, Esquire Counsel for Defendant VERIFICATION I verify that the statements made in this Answer to Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unworn falsification to authorities. June 25, 2009 Date (Signature of Defendp& or Authorized person) FIED-OFFICE OF THE PROT 0TARY 2009 JON,29 p'N l: 27 PENNSYLVANIA. "k PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, NA 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff vs. James T. Chavis Ernestine L.S. Chavis 6131 Charing Cross Mechanicsburg, PA 17050-5204 Defendants Court of Common Pleas Civil Division Cumberland County No. 09-3717-CIVIL TERM MOTION FOR SUMMARY JUDGMENT Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: 1. There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendants, James T. Chavis and Ernestine L.S. Chavis, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In their Answer, Defendants generally deny paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiff s Mortgage Foreclosure Complaint and Defendants' Answer, are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 5. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument No. 200746865, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit A1. 6. By Assignment of Mortgage recorded May 22, 2009, the Mortgage was assigned to Wells Fargo Bank, NA, which Assignment is recorded in Assignment of Mortgage Instrument No. 200916922. A true and correct copy of the Assignment to Wells Fargo Bank, NA is attached hereto, incorporated herein by reference, and marked as Exhibit A2. 7. The Mortgage is due for the December 1, 2008 payment, a period in excess often (10) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 8. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds the dollar amount provided in the statute, as is further addressed in Plaintiff s attached Brief. Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiff s intent to foreclose. True and correct copies of the letter are attached hereto, made part hereof, and marked Exhibit E. 9. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit-counseling agency in accordance with Plaintiff s written notice to Defendants. True and correct copies of the Notice of Homeowner's Emergency Mortgage Assistance Program are attached hereto, made part hereof, and marked Exhibit E. ~_ 10. Plaintiff provided Defendants with areinstatement/payoff quote on June 30, 2009, but Defendants have failed to cure their arrears or payoff the loan. A true and correct copy of Plaintiff sreinstatement/payoff quote is attached hereto, made part hereof, and marked as Exhibit F. 11. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiff s Complaint 12. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriff s sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. 13. Defendants have the right to reinstate andlor payoff the loan up until one hour before a scheduled Sheriff s Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the ComplaintJAffidavit in support of the Motion for Summary Judgment, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: -l 3 ~ ~ By: Jos h .Schalk, Esquire Atto ey for Plaintiff EXHIBIT A :~ ~ Prepared By: IiMS Mortgage, LLC [Name] I31 Centerville Road Suite A [Street Address] Lancaster, PA 17603 [City, State Zip Code] 7173938zza (Telephone Number] After Recording PEease Return Ta: AmTrust Bank Final Documents Department [Name] (Attention] lEl I Chester Ave, Sulte 200, Mail Code; OH98- 020i (Street Address] Cleveland, Ohio 44114-3516 [City, State Zip Cock] (Telephone Number] UPI/PIN~Tax ID: jSpace Above Thu Line For Recording Data) Loan Number: 5906158 PENNSYLVANIA. MUR.TGAGE BEFTNITIONS MIN: Wards used in multiple sections of this document are defined below and other words aze defined ir. Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section lb. (A) "Security Instrument" means this document, which is dated ~'7, together with all Riders to this document. (B) "Borrower" is JAMES T. CHANTS; ERNESTINE L. S. CHANTS. Borrower is the mortgagor under this Security Instrument. {C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. ivIERS is the mortgagee under this Security Instrumcnt. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. Pennsylvania Mortgage~Singk Family-Fannie M1tadFreddie ~tac Uniform Instrumcnt Form 3039 1/Ot MGRS Modified The Compliaace Source, Inc. Page t of I4 Modined by Compflance Source 143aIPAt)8/00 Rcv.l19l07 mrw.compNancesource.com ®2007, The Complfauce Source, lnc. 590G158 t)4/24/21X19 8'34'52 AM CUMBERLAND COt1NTY Inst # ~f1f174fiRfi5 - Pans 7 ctf 19 (D} "Lender" is k. Lander is a Federal Savin s Bank or anized and existin under the laws of Tt~e Linited States of merica. Lender's address is (E) °~Note" means the promissory note signed by Borrower and dated December 14, 2007. The Note states that Borrower owes Lender Two Hundred Ninety Nine Thousand Nine Hundred and QO/IOOths Dollars {U.S. 5299,900.00} plus inter Borrower promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Ja~ (~ "Property" means the property that is described below under the heading "Transfer of Rights in the Property... {(>} "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and ail sums due under this Security Instrument, plus interest. (H) "Hiders" means all Riders to this Security [nstrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]; ^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider ^ Balloon Rider ® Planned Unit Development Rider ^ Biweekly Payment Rider ^ 1-4 Family Rider ^ Revocable Trust Rider ^ Other(s) (specify) (t} "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (chat have the effect of law) as well as a!1 applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that arc unposed on Borrower or the Properry by a condominium association, homeowners association or similar organization. (h') "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 instrutrrent, 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 telepktone, wire transfers, and automated clearinghouse transfers. (L} '=Escrow Items" means those items that arc 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 Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. {N) "Ntortgsge insurance" means insurance protecting I..ender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" rrreans the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security lnstrumerit. Pcnnsylvaaia Mortgage--Singk Family-Faauie Mae/8rcddic Mac llatform instrument Form 3039 I/01 MEttS Modified The Compliance Source, inc. Page 1 of t4 Modified by Compnaace Source 143otPADR/00 Rev, 09/07 www.compllancesourcacom ®1DD7, The Campllaace Source, iae. 5906158 neronnnno R•4A•59G~d CIlMRFRIANnt:nllNTY Inst.#200746865-Page2Of 19 {P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.} and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject rnauer. As used in this Security Instrument, "RESP.4" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) `Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OR RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i}the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. Por this purpose, Borrower dots hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) mid to the successors and assigns of MERS the following described property located in the County of Cumberland: [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] Tax Parcel II) No: See Attached ExhibitA which currently has the address of s [Street i41ee ("Property Address"): [City] [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominet for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not timited to, releasing and canceling this Seeuriq- 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 is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TH1S 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. Pennsylvania 1lorlgagti,Single Family-Faunte i~lae/Frcddie Mac Unltorm lastrumeat Form 3039 l/Or MARS ModifiW The Compliance Source, Ioc. Page 3 of 14 Modlt[ed by Compllanca Source 14303PA08l00 Rev. 09!07 www.compllancesoura.eom ®2007, The Compl[anee Sources Inc. s9obtss ~~~~~~~~ f2~ 1.1~r`7 ~~a rl rMRFRI ANrI rnl INTY lnst.# 200746865 -Page 3 of 19 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Tnterest, 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. $orrowtr shall also pay funds for Escro+v Itetns pursuant to Section 3. Paymenu due under the Note and itris Security Instrument shall be made in U.S. currenty. 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 ir. 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 Ltnder in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring Ehe Loan current, without +vaiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. if each Periodic Payment is applied as of its scheduled due date, thin Lender nerd not pay interest on unapplicd funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower dots not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Nott immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lcnda shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrumrxrt. 2. Application of Payments or Proceeds. Exctpt 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 tht late charge. if more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists atler the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied t"list 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 Noce shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower sha[I 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 due for: (a) taxes and assessments and other items which can attain priority over this Security instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lander under Section 5; and {d) Mortgage insurance premiums, if any, or any sums payable by Borrower to Lender in situ of the payment of Mortgage ]nsurance premiums in accordance with the provisions of Section 10. These items arc called "Escrow Items" At origination or at any time during the term of the Loan, Lender may require that Community Association Duns, Fels, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Etem. Borrower shall promptly famish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow [terns at any time. Any such waiver may only be in writing. !n the event of such waiver, Borrowtr shall pay directly, when end where payable, the amounts due for any Escro+v Pennsylvania Mortgage-Single Family-Faoak MaNFrcdd[e MIac Unitorm lastruracnt Form 30J9 1fOt A7ERS Modified The Compliaoce Source, Inc_ Page 4 or l4 Modified by Compliance Source 14301 PA 08N0 Rev. 04!07 Hww.coropliancaouree.com ®2007,Tbe Compliance Source, lac. 5906158 t14/74/7(ln9 R•:i4:57 AM f:l 1MRFR1 ANr1 C:t711NTY In~t # 7.0074BtI6.5 - Paae 4 of 19 Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lcnder 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 rnntained in this Security Tnstrumcnt, as the phrase "covenant and agreement" is used in Section 4. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section t 5 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Seciion 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 ]ender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instnsmentality, or entity {including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under R6SPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shalt not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest sha)I be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. [f there is a shortage of Funds held in escrow, as detned under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly paytrtents. Upon payment in full of all sums secured by this Security Instrument, Lcnder shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Ltens. Borrower shall pay all taxes, asscssmcnts, 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 Ducs, Fees, and Assessments, if any. To the extent that these itettts are Escrow Items, Borrower shalt pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security fnstrumcnt 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 agrcemen[; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of rite lie» ~vhiie those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. if Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within ]0 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 reposYing service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against toss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible Levels) and for the periods that Lender requires. What Lender Peoasytvaata Morlgage~ingtc Famffy--Fannie Mae/Freddie ]~iac Uniform [astrrment Form 3039 1101 MFRS ModificJ The Compliance Source, Inc. Page 5 of 14 Modified by Comptfaaee Source 14301 PA 08100 Rev. 09/07 w.rw.compliaoccsource.com ®2007, The CompBancc Source, inc. 59tIG158 04!24/2009 8:34:52 AM CUMBERLAND COUNTY Inst.# 200746865 -Page 5 of 19 requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed'oy the Federal Emergency Management Agency in connection with the revietiv of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the wverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Bcxrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. Ail 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 andlor as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and~'or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not }essened. 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 Lender's satisfaction, provided that such inspection shat] be undertakrn 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 art agreement is made in writing or Applicable Laty requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. [f the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property Lender may file, negotiate and settle any available insurance claim and related matters. Jf Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle Ute claim. The 30-day period will begin when the notice is given. !n either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b} any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in Peansyfvanla Mortgage-Single Family-Fanaio Mae/Freddic htac Unfrnrm Instrument Ferro 3039 1101 MERS Modified The Compliance Source, [nc. Pagr 6 of 14 Modified by Compliance Source 14301 PA 08!00 Rev. 09!07 www.tompliaacesouree.com ®2007, The Compliance Source, lnc. 5906158 04/24/2009 8:34:52 AM CUMBERt.ANt7 COUtJTY Inst.# 200746565 -Page 6 of 19 writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection o[ the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Propery 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. Cinless it is determined pursuant to Section 5 that repair or restoration is not economicatiy 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, ar the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. [f the insurance or condemnation proceeds are not sufficient to repair or restore the Property, $orrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shat! give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shat) be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representationsconcerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in tlrc Property and Rights Clndar this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Cnstrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lice which may attain priority over this Security Instrument or to enforce laws or regulations), or {c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Secwity Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and {c) paying reasonable attorneys' fees to proud its interest in the Propeny and/or rights under this Security [nrnumertt, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, orange locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. [t is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. 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. [f this Security Instrument is on a leasehold, Borrower shall comply with a[I the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. lo. Mortgage Insurance. [f Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially cquivalcnt Pcnnsytvania Mortgage-Single Family-Fannie ktae/Freddie J7ac Uniform Cnstrument Form 3039 1/01 MERS Modiliod The Compliance Sonrce, Inc. Page 7 oC 14 Modified 5y Compliance Source 24301PA 08/00 Rev. 09!07 www.cornpliancesource.com ~200T, Tbo Complian<e Source, enc. 590bi58 [14!94/9(1(19 R~:14•.ri7 AM CUMBERLAND COUNTY Inst.# 200746865 -Page 7 of 19 Mortgage lnsurance 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 wilt accept, use and retain these payments as anon-refundable loss reserve in Lieu of Mortgage Insurance. Such toss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender sftal] not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require toss reserve payments if Mortgage lnsurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. tf 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 lnsurance: in effect, or to provide a ron-refundable loss reserve, until Lender's requirement for Mortgage lnsurance ends in accordance with any written agreement between $orro.ver and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section i 0 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage lnsurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties} to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any 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 far sharing or modifying the mortgage insurer's risk, or reducing (asses. 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 tht insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements wit[ not affect the amounts that Borrower bas agreed to pay for Mortgage Insurance, or any other terms of the Loaa. Such agreements will not increase the amount Borrower will owe for Mortgage lnsurance, and they will aat entitle Borrower to any refnnd. (b) Any such agreements will not affect the rights Borrower bas - if any -with respect to the Mortgage insurance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurnnce, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiuus that were unearned at the time of such cancellation or termination. ll. Assignment of Miscellaneous Proceuis; Fa:feature. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. if the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shalt 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 6e 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, wish the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a Loral taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security (natrument, whether or not then due, with the excess, if any, paid to $ocrower. Penneyivaata dtortgage~iugle family-Fannie Mae/Ereddit Mac Uuitorm Instrument Eorm 3039 t/pi MGRS ModiRed The Compiiaact Source, lnc. Page 8 of t4 14todllled by Compliance Source 14301 PA 08!00 Rev, 09!07 vrww.compUancesouree.com X2007, The ComplIantt Source, lnc. 5906158 AA MA/7l1nf1 o•oA~F7 Awn !`i IaAgFRi pNr1 f'!ll IMTV Inst.# 209746865 -Page 8 of 19 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 toss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shaA be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shkll be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair tnarktt value of the Property immediately before the partial taking, destruction, or Eoss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. [f the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party {as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to die sums sccwed by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes t3orrower Miscellaneous Procceds or the party against whom Borcowcr 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 Properly or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurced, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other rnaurial impairment of Lender's interest in the Property or rights under this Sectrcity Instrument. The proceeds of arty award or claim for damages that arc at7ibutable to the impairment of Lender's interest in the Property are hece6y assigned and shall be paid to Lender. A11 Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in interest of Borrower shalt not operate to release the liability of Borrower or any Successors in Interest of Bonower. 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 trade by the original Borrower or any Successors in Interest of Borrotiver. Any forbearance by Lender in exercising any right or remedy including, without ]imitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts Less than the amotmt then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Ca-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. Howcwer, any Borrower who co-signs this Security lnstruttrent but does not execute the Note {a "co-signer"): (a) is co-signing this Security Instrument only to mortgage grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assume Borrower's obligations under this Security InsRUment 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 liabiliry 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. Peanryivaaia htnrtyaPe•~ingle Family-Fannie Mae/Freddic Mac Uniform Instrument Form J039 1/OI MERS Dtod[Oed The Compliance Sonrce, Inc. Page 9 of t4 Modified by Compliance Sonrce 1 i30t PA 08/00 Rev. 09!07 ~~~vw,,mmpitanecsource.com ®2007, Tke Compliance Source, tnei 5406158 nb/94/9n09 R'a4'S9 AM ra 1MRFRi ANn C1711NTY Inst.# 200746665 - Pd4@ 9 Of 19 t4. Loaa Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a lew which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges wilected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such [oar charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Barrawer which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed tinder the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction wilt be treated as a partial prepayment without any prepayment charge (whether oc 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 $orrower might have arising out of such overcharge. I5. PIotices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class trail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to alt Borrowers unless Applicable Law expressly requires otherwise. The notice addttiss shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. tf Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stand herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shalt 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. Ib. Goveraing Law; Severability; Rnles of Constructtoa. 't'his Security instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. Alt rights and obligations contained in this Security Instrument are subject [o 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. !n the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shalt 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 tnasculine gender steal! mean and include corresponding neuter words or words of the feminine gender, (b} words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. t 7. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Benetlcial tntetest in Borrower. As used in this Section t8, "interest in the Propert}~' means any legal or beneficia{ 'snterest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract far 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 ail 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 trartsferred) without Lerdcr's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrurttent. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Leader exercises this option, Lender shall give Borrower notice of acceleration, The notice sltall provide a period of not less that, 30 days from the date the notice is given in accordance with Section I S within which Borrower must pay all sums secured by this Security instrument. if Borrower fails to pay these sotto prior to the Peansytvaaia Mort~aEc-Single Famdy~Fannto MarlFreddle hiac Ualform rasrrumcnt Form 3039 I/Ot btERS Modified 'the Compliance Source, lac. page l0 of 14 Modified by Compliance Source 14301PA 08100 Rev, 04!01 www.compliancesanrcccom ®2007, The Compliance Source, inc. 5906158 n4J~4/~nft9 R-:i4 :57 AM ('I IAARFRI ANrI f'.rlt INTY Inct # ~f11174fiRR5 -Pane 1n of 14 expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 14. Borrower's Right to Reinstate After Acceleratioa. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b} cures airy default of any other covenants or agreentrnis; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limfttd to, reasonable attorneys' fees, property inspection a»d valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property end rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may requirt that Borrower pay such reinstatement sums and expenses in one or more of the fo#lowing 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 arc insured by a ftderal agency, instrumrntality or entity; or (d) Electronic Ponds 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 cast of acceleration under Section 18. 20. Sale of Nate; Change of Loan Servlcer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or tnart: 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 [nstrumcrn, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafttr 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 Servicer or be transferred to a successor Loan Servicer and are not assumed by Ehe Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as tither an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. [fAppiicable Law provides a time period which must tiapse before certain action can be taken, that time perod 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 l8 shall be deemed to satisfy the notice and oppor•,unity to take corrective action provisions of this Secrion 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volarilc solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that rtlate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental La~v; 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, ar threaten to release any hazardous Substances, an or in the Property. Borrower shall not do, nor allow reansyrvania Mortgae~Single Family-Fannie Mae/Freddie Mu Untform Instrumeat Form 3039 U01 MERS :~fodtfed The Compliance Source, lac. Page I l of T4 Modified by Compliance Source 14301PA 08!00 Rev. 09/0? www.comptiancesourcccom 02007, The Compliance Soarce, inc. 5906158 ~~nei~nna a~zn~s~nnn riIMRFRIANII(:f1ltNTY Inst.#200746865-Page 11 of 19 anyone else to do, anything affecting the Property (a) that is in violation of any Ervironmenta{ Law, (b} which creates an Enrvironmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affecu the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private parry involving the Property and any hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environments[ 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 teams, or is notified by any govemtrcntal or regulatory authority, or any private party, that any removal a 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 shalt create any obligation on Lender for an Environmental Cleanup. NOl\-UNIFORM COVENANTS. Borrower and Lends further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Iiarrower's breach of any covenant or agreement in this Security lnstrutnent (but not prior fo acceleration under Section 18 unless Applicable Law provides otherwise}. Lender shall notify Borrower of, among other things (s) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the righ# 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. ]f 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 t1tIs Security instrument by judicial proceeding. Lender shay be entitled to cdlect ail expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, [his Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lendor shalt discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security ]nsttument, 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 b~lefit of any present or future laws providing for stay of execution, extension of time, exemption from attachrr~nt, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prirx to the commencement of bidding at a sheriff's safe or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. !f 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 state 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 Nate. THiS IS A CONTRACT ENDER SEAL AND i~tAY BE ENFORCED IiNDER 42 PA.C.S. §5529(b). Pennsylvania i',tortgage-~inek Family-Fannie 1~1ae/Freddie Mx Uniform dutrumeot Form 3039 1lOt MEttS Moditkd Tht Compliance Sonrce, Ise. Page t2 of 14 Modified by Compllaoee Sourer 14301PAOti100 Rer.04/lr7 www.complhncesource.com ®2007,'rba Compliance Sourer, Inc. 590Gt58 ndl7dMnn4 R•'id•57 AAA (:1 IMRFRI ANfI r:rtI1N7V Inst # 9t1f174fiRFi.S - PaaR 12 of 19 BY SIGNING BELOW, Borrower accepts and agrees to the terms end covenants contained to this Security Insenuttent and in any Rider executed by Borrower and recorded with it. .~ .:Yb /~%G~'-Czvv7 {Seal) MES T C'HAVIS -Borrower [Printed Name] ~-. n i "~1~~.~ 1Z-f4-t: f {seal} '~~ S'T1t.1IY (..,.`j. ('j{ ~r t S -Borrower [Printed Name] (Seal} -Borrower [Printed Name] {Seal) -Borrower [Printed Name] Certificate of Resida~ce: Illi/e do hereby certify that thecpJJrecise address of the within named mortgagee, assigtee or person entitled to interest is i~~ ~,~~ ~T. ~~~~~- 8y: .. "title: Acknowledgment on Following Page) Penasylvaata Morcgagc~lrtgle Famtty-Fannie Mae/Freddte Mac Uniform Instrument MERS ModiRed Form 3039 t/Ot The Compliance Source, tnc. Page I3 of 14 ModiIIcd by Campliwrce Source 14301 PA 08!00 Itev. 09107 ~vww.compUaacesoarce.com ®2007, The Compliance Source, lac. 5906tS8 ndlvdnnna A•4d•57 AM ri iMRFai arts f:ni INTY Inst.# 200746865 -Pape 13 of 19 ACKf~OWLEDGMEfVT State of ~0. ~ County of,~~,D ~ § On this, the i~ day of ~{L"(~'Y~j Q~~' ~7 afore me C("(~~j-~~ C.S ~{~1/ l S ~ the' undersigned officer, personaEiy appeared JAMES T CHAVIS known to me {or satisfactorily proven) to be the persons} whose name(s) /are subscribed to the within instrument, and acknowledged that h~/s#tekhey executed the same for the purposes therein contained, In wllness whereof, !hereunto set my hand and tcial seal. _ ~, ~. C. NQURtAI tiEAt. Stgna re KRISttti A !1?REN6ER Notary Public fQWER PAXTQN M+1!CAtlPNiFt COtlNT1f Titic of Officer ~ ComllMaalon Expires ssp 1.2at 1 ....~.6.-v.«C,o r~uu,y-rrnme macrrrega~e msc Uoirorm Instrument A1ERS ytodifted Form 30391!01 The Campliance Source, Inc. Page 14 of 14 Madt6ed b} Comptianu Sonrce 1434] PA 118/00 Rev. 09/07 www.eompliancesource.com ®2007,The Compliance Source, fac. 5406158 Ml~Af7fMq R~3A~S7 AAA f:l IMRFRI AtJrt f:Cll iNTY Ins] # 70074B8fi.5 - Paoe Z4 of i9 Loan Number: 5906358 M I IY: 100162500059061582 PLANNED UNIT DEVELOPMEN'T' RIDER THIS PLANNED UN[T DEVELOPMENT RIDER is made this 14th day of December, 2007 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed {dtc "Security ]nstrumcnt") of the same date, given by the undersigned (the "Borrower's to secure Borrower's Note to AmTrust Banc (the "Lender"} of the same date and covering the Property described in the Security Instrument and located at: 6131 Charing Cross, Mechanicsburg, PA 17050 jProperty Address) The Property includes, but is not limited io, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in Declaration of Covenants, Conditions, and Restrictions (the "Declaration'7. The Property is a part of a planned unit development known as: Hampden Court (Name ojPlanned Unit Devefopetent) {tl:e "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common azeas and facilities of the PL`D (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVRIYANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PIiD Obligations. Borrower shall perform all of $orrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, ail dues and assessments imposed pursuant to the Constituent Documents. 13. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which Multistate PUDRlder-SargleFamiry -Faunk:~iaelFreddieMac i1N[FU12RilNS1'Rt1t4tEIVT Form3iS0~1lat -Tne COMPLI+4YCS SOURCe, tnc~ Page t ot3 lASOlAtuoewoal.. nta N'Wl•.COPIPIgtXpOleCl.apm 3.^3001, The Coap:iuKC $pWtl.4K. 590Gi58 nAnnnruia R•ZA•g9 CAA C:IIMRFRI ANI~ [:C117NTY Inst.#2110748865 -Page 15 of 19 provides insurance coverage in the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended coverage," and any other hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (ii) Botrotiver's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can change during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. 1n the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shalt be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liabi]ity insurance policy acceptab)e in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or cansequtntiai, payable to Borrower in connection with any condemnation Or other taking of ail or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums scoured by the Security Instrument as provided in Section i 1. E. Lender's Prior Consent. Borrower shall trot, ex>=ept after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of thr: PUD, except for abandonment or termination required by Ia~v in the case of substantial destruction by fire or other casualty or in flee case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii} tet~rtination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have tht effect of rendering the public }lability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Ary amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the igote raft and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. ,>•luftistare PiJD Rider-Single family -Fann[e 1liadfmWieMa¢ LN[FOR,yt IIVSTRt1AiF.NT Form 3154 01/01 Tue ConrrutiviceSouace, [trC.- Page 2 of 3 iuoimu osroo sz"- zeros wwnmmp:i~aummce.com snaw.nK C~p1~ So~ac. inc. 3906158 p4f9419n09 R-34'59 AM CUMRFRI AND COIINTY tnst# 200746865 -Page 16 of 19 BY SIGNING BfiLOW, Borrower accepts and agrees to the terms and covenanu contained in this ?UD Rider, j~, .l L~7 ~~~ N~~'7 7~~eaq ~~ ~ -Aorrowcr ($C$I) -Borrower ~_. -Borrower ~$CB~~ -Borrower [Sign Originq! OulyJ ... v.+.wci-aai~cramny-renaleroaa~f<"rcgtlieMaeUNIFORML~iSTRUM1IEIY"I' -TttE COMPLiATLCE SOURCE, 1NC-- Negc 3 of 3 www.mnpl:dxpourcc.tata Form 3154 01A1 tISOIPIV OYlq Rev. 11AOi ~2a0L fie Campiance Solace, Ine. 5906158 04124!2009 5:34:52 AM CUMBERLAND COUNTY Inst.# 200746865 - Paae 17 of 19 Exhibit "A° Fife No. 07-684 ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the northeast side of Charing Cross, located in Hampden Township, Cumberland County, Pennsylvania, said tract of land being shown as ~n a Final Plan of~ ~~red by GMZ Associates, Inc, dated July 13, 1986, Drawing No. 85-116, re ded in the Recorder of Deeds Office in and for Cumberland County in Plan Book 54, Page 74, said tract being more fully bounded and described as follows, to wit: f Lot No. 138; thence extending along Charing e curving to the left, having a radius of two hundred seventy-five and zero hundredths (275.00} feet, an arc length of fifty and zero hundredths (5D.00) feet, a chord bearing of South fifty-three degrees forty-eight minutes forty-two seconds East (S 53° 48' 42" E), and a chord distance of forty-nine and ninety- three hundredths (49.93} feet to a point, and (2} South fifty-nine degrees one minute thirteen seconds East (S 59° 01' 13" E), a distance of twenty-seven and thirty-eight hundredths (27.38) feet to a point a corner of Lot No. 136; thence extending along the same, South thirty degrees fifty-eight minutes forty-seven seconds West (S 30° 58' 47" W), a distance of one hundred fifty-eight and eighty-nine hundredths (158.89) feet to a point In line of Hampden Court, Phase 4; thence extending along the same, North fifty-six degrees fourteen minutes nineteen seconds West (N 56° 14' 19" W}, a distance of one hundred six and thirty-three hundredths (106.33} feet to a point a corner of the aforementioned Lot No. 738; thence extending along the same, North forty-one degrees twenty-three minutes forty- nine seconds East (N 41° 23' 49" Ej, a distance of one hundred sixty and ninety-one hundredths (160.91) feet to the place of BEGINNING. BEING THE SAME PREIl111SES which RICHARD D. SWEENEY and PRUDENCE K. SWEENEY, HUSBAND AND WIFE by Deed dated 11120107 and intended for immediate recording in the Office of the Recorder of Deeds in and for CUMBERLAND County, Pennsylvania, granted and conveyed unto JAMES T. CHAVIS and ERNESTINE L. S. CHAVIS, HUSBAND AND WEFE, Mortgagor(s) herein. EXHIBIT A TO MORTGAGE n4/74/90f)9 fi: X4:59 AM CUMBERLAND COLiNTY Inst.# 200746865 -Page 18 of 19 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 1.7013 717-240-6370 Instrument Numbe • - Recarded On 1!~ 9:32:00 AM * Total Pages - 19 * Instrument Type - MORTGAGE Invoice Number - l 1123 User ID - MSW * Mortgagor - CIIAVIS, JAMES T * Mortgagee -MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. * Customer - IIOMESALE SETTLE SER * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $39.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTX ARCHIVES FEE $2.00 ROD ARCHIVES E'>;E $3.00 TOTAL PAID $66.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA a op t:uy RECORDER O D EAS * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. I''~ IIIVI IIIIIIII I IIN nnne~~nna a•aa•S~ nun f:UMRFRI AND COUNTY Inst.# 200746865 -Page 19 of 19 EXHIBIT Al 30382 NOTE Loan Number 0005906158 oo~lroeaa~~oae IIIIIIII VIII IIII~ IIII III IIII N~~E Contract Sale Number Document Id Loan Payoff Status D1448346 0 0 0 <:... s NOTE December 14, 2007 Harrisburg (Date) (C~4'1 6131 Charing Cross, Mechanicsburg, PA 17050 (Property Address) (~ tf t. l ~`." Loan Number: 5906158 MIN.: 1001625000590Gi581 Pennsylvania (State) 1. BORROWER'S PROMISE TO PAY !n return for a loan that I have received, I promise to pay U.S. 5299,900.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is AmTrust Bank. I will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. [will pay interest at a yearly race of 7.500%. "The interest rate required by this Section 2 is the rate 1 will pay both before and after any default described in Section 6(B) of this Notc. 3. PAYMENTS (A) Time and Place of Payments I will pay Principal and interest by making a payment every month. I wilt make my monthly payment on the 1st day of each month beginning on February, 2008. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on January 1, 2038, [still owe amounts under this Note, [ wip pay those amounts in full on that date, which is called the "Maturity Date." 1 will make my monthly payments at P.O Box 790376, St. Louis, MO 63179-0376 or at a different place if required by the Note Holder. (B) Amount of Nlonthly Payments My monthly payment will be in the amount of U.S. SZ,09G.94 . 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they arc due. A payment of Principal only is known as a "Prepayment." When [ make a Prepayment. 1 will tell the Note Holder in writing that 1 em doing so. !may not designate a payment as a Prepayment if 1 have not made all the monthly payments due under the Note. may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. Multistate Fixed Rau Note-Single Family-Faonle MaelFreddie Mx U~JIFORM ttVSTRUMENT Form 3200 01/01 -TII6 CUA'IPLIANCE SOURC&, INC.- Page 1 0[3 II601Atu oar0u wrvi compli:mceaouree corn 02000, The Compliance Source. Inc 5906158 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: {a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED {A) Late Charge for Overdue Payments ' If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. i will pay this late charge promptly but only once on each late payment. {B) Default [f I do not pay the full amount of each monthly payment on the date it is due, I will be in default. {C) Notice of Default If i am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and ail the interest that 1 owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if 1 am in default at a later time. {E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. ,qny notice that must be given to the Note I-lolder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER'fHIS NOTE ]f more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against al! of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of presentment and Notice of Dishonor. "Presenm~ent" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same Multistate F'lzed Rare Nole-Single Family-Fanuie Mae/Freddk Mu UNIFORM INSTRUMENT Form 3200 01/01 -THE COMPLIANCE SOURCE, INC, Page 2 of 3 136°~AtU avao wwvi.compliancesauce coin A2000. 7Te Compli7nee Saace. Inc 5906158 date as this Note, protects the No[e Holder from possible losses which might result if 1 do not keep the promises which make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section I S 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. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ,~~ ~ /yl~GT~a' r, (Seal) AMES T CHAVIS -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -t3orrower ~Q / (Sign Original Only) O ~ 3 QP~ oJ~Q,e ~~0`C ~~ • GpQ' \~r ~ Q~\v ~ ~r ~~. Multistate Ffxcd Rate Note-Single Family-Fanole Mae/Freddle Moc UNIFORM IVSTRUMEN'f Form 3200 Ol/Ot -THE COMPLIANC[ SOURCE, INC.- Page 3 of 3 I=earMU OWOo www ep+ylianttaource com L200.S. The Cpmpli,uKt Saece. Inc 5906158 Loan Number: 5906158 NAME AFFIDAVIT Words used in this Affidavit are defined below. Words in the singular mean and include the plural and vice versa. "Borrower" is JAMES T CHAVIS "Lender" is ArrlTrust Bank, and its successors or assigns. "Loan" means the debt evidenced by the Note and all sums due under the Security Instrument. "Note" means the promissory note(s) dated December i4, 2007, signed by Borrower in favor of [.ender. "Security Instrument" means the Deed of Trust/Mongage/Security Dced/Sccurity Instrument signed by Borrower in favor of Lender, securing payment of the Note. BEFORE ME, the undersigned authority duly authorized to take acknowledgements and administer oaths, on this day personally appeared Borrower, who upon being duly sworn on oath stated the following: 1. 1 am the same person named in the No[c and the Security Instrument. 2. I solemnly swear before a Notary Public that I am one and the same person as: No name variances unless listed beloh~. 3. 1 also swear and affirm that the signature below is my true and exact signature for execution of the Loan documentation. 4. 1 understand that this Affidavit is given as a material inducement to cause Lender to make the Loan to me and that any false statements, misrepresentations or material omissions may result in civil and criminal penalties. Subscribed and sworn to before me on NOTARU-l SEAL KRISTEN A SPRENOER Notary Publlc LOWER PAXTON TWP,DAUPNIN COUNTY Nh- Commieslon Expires Sep 1.2011 /~~~ ~a ~ MES T CHAVIS (Borrower) ~a~~~lG~ .~ Notary Public in and fort a State of enosylvania Marne AtrWavlt (M1lultistate) -71tECOM~LIANCE SOURCE, Ixc.- Page t of 1 tlftWAIUONNirrE~'. 17199) www coTnpliarcaaace cam 020W, The Compliance Source. Inc. 5906158 TAX AUTHORIZATION LETTER date: December 14, 2007 Loan Number: 5906158 Property Address: 6131 Charing Cross, Mechanicsburg, PA 17050 City/Town of: Mechanicsburg County of: Cumberland State: Pennsylvania Property Control Number: Tax Assessor: As o•aner(s) of the propcrty listed above, I/We hereby authorizc you to mail my tax bill to the following: AmTrust Bank In C/O First American Real Estate Tax Service I First American Way Nlail Codc: DFW I-5 1Vestlake, TX 76262 Attn: Client Services 1/We further authorize that in the event of the assignment of the mortgage or the establishment of another paying agent for property taxes, that my tax bills be forwarded to the assignee or paying agent immediately upon notifECation of the municipality. Please forward the current tax bill immediately. r.~ C Zo7 ES T CHANTS OwnerMortgagor ~WMr/MOTIgagOf Owner/~fongagor OwMr/MOrtgBgOr Tsx AutAoriutton Letter WSL135 (01/23/2007) AmTrust Bank Page 1 of 1 gOl13MU I I/Ol Rev. 02!07 5906158 Loan Number: 5906158 LIMITED POWER OF ATTORNEY The undersigned borrower(s), for and in consideration of the approval, closing and funding of their mortgager loan (#5906158), hereby grant Central Penn Seitlemeot Services, as settlement agent and/or AMTRUST BANK, as lend~vr or assignee of lender, limited power of attorney to correct, modify and/or execute or initial any and all typographical, clerical or other errors dlscoverecl in any or all of the closing documentation required to be executed by the undersigned at, or with respect to, the closing and settlement of the mortgage loan. In the event this limited power of attorney is exercised, the undersigned will be notified and will receive a copy of any document executed, corrected, modified or initialed on their behalf. THIS LIMITED POWER OF ATTORNEY MAY NOT BE USED TO INCREASE THE INTEREST RATE THE UNDERSIGNED 1S PAYlNC1 INCREASE THE TERM OF THE UNDERSIGNED'S LOAN, INCREASE THE UNDERSIGNED'S PRINCIPAL BALANCE OR INCREASE THE UNDERSIGNED'S MONTHLY PRINCIPAL AND INTEREST PAYMENTS. Any changes specified in this paragraph must be executed directly by the undersigned. In Witness Whereof, the undersigned have executed this Limited Power of Attorney as of the date first above referenced. ~P ~~~~~ ES T CHAV IS (Borrower) (Date) (Borrower) (Date) (Borrower) (pate} (Borrower) (Date) STATE O F ` A' ) } ss. COUNTY OF 1XA.~.~._ ) This instrument was acknowledged before me on ta~~ ~ ~ by JAi•1ES T CHAVIS. My Commission expires: (Seal ) Not ry Pub tc NOTARIAL SEAL KRISTEN A SPREN6ER Notory PubIIC LOWER PAXTON TWRDAIiPH1N C011NTY MY Commiss<loTl Explrt3as Sep 1, 2011 Limited Power of Attorney WSL:464g (12l12fZ006) Am7rust Bank Prge 1 oT l 34624MU 10106 Rev. Oll07 590G158 Loan Number: 5906158 LIMITED POWER OF ATTORNEY The undersigned borrower(s), for and in consideration of the approval, closing and funding of their mortgager loan (i#5906158), hereby grant Central Penn Settlement Services, as settlement agent and/or AMTRUST SANK, as Icndrr or assignee of lender, limited power of attomcy to correct, modify and/or execute or initial any and ell typographical, clerical or other errors discovered in any or all of the closing documentation required to be executed by the undersigned at, or with respect to, the closing and settlement of the mongage loan. in the event this limited power of attorney is exercised, the undersigned will be notified and will receive a copy of any document executed, corrected, modified or initialed on their behalf. THIS LIMITED POWER OF ATTORNEY MAY NOT BE USED TO INCREASE THE INTEREST RATE THE UNDERSIGNED I$ PAYING, INCREASE THE TERM OF THE UNDERSIGNED'S LOAN, INCREASE THE UNDERSIGNED'S PRINCIPAL BALANCE OR INCREASE THE UNDERSIGNED'S MONTHLY PRINCIPAL AND INTEREST PAYMENTS. Any changes specified in this paragraph must be executed directly by the undersigned. In Witness Whereof, the undersigned have executed this Limited Power of Attorney as of the date first above referenced. /~a~~ /yG~!i A? MES T CHAVIS (Borrower) (Daft) (Borrower) (Dart) STATE OF~iH- (Borrower} (Date) {Borrower) (Aare) } ss, COUNTY OF~~ ) This instrument was acknowledged before me on ~~~~ ~ 1~, CHAVIS. My Commission expires: (Seal} NOTARIAL SEAL KRISTEN A tPREN6ER Notary PubNts IOWER PAXTON T1MpOAUPINN C0111~R11 MY Commlulon E~tpirea Sip 1. ZOt l by JAMES T of ry Public ' Limited Power of Attorney \VSL:464g (12J12R006) AmTruat Bank Page 1 of 1 34624,\fU IQJ06 Rev. at/07 5906158 !4 i NOTE Loan Number: 5906158 h11Y.:i0016250005906i581 December 14, 2007 Harrisburg Pennsylvania (Date) (CiryJ fState/ 6131 Charing Cross, ~lechaaicsburg, PA 17050 jProperty Addressf 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, 1 promise to pay U.S. 5299,900.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is ArnTrust Bank. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who - -- isentitled to receive payments under this Note is called the "Note Holder." 2. INTEREST interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate of 7.500%. The interest rate required by this Section 2 is the rate i will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments { will pay Principal and interest by making a payment every month. t evil! make my monthly payment on the 1st day of each month beginning on February, 2008. I will make these payments every month until 1 have paid all of the principal and interest and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on January 1, 2038, 1 still owe amounts under this Note, 1 will pay thou amounts in full on that date, which is called the "Maturity Date" 1 will make my monthly payments at P.O Boz 790376, St. Louis, h10 63179-0376 or at a different place if required by the Note Holder. {B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $2,096.94 . 4. BORROWER'S RIGHT TO PREPAY 1 have the right to make payments of Principal at any tune before they arc due. A payment of Principal only is known as a "Prepayment:' When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. 1 may not designate a payment as a Prepayment if I have not made alt the monthly payments due under the Note. ! may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that t owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, befort applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in tht due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. Mntttrtate Fired Rare rotr-Single Family-Fannie MaNFreddk Mu t7~t1FOR.M I1~STRlJNF~Yt' Form 3200 OIi01 THE COMTLIAf~CE SOURCE, LYC.-- Pale t Ot3 1l601MU Oi+00 ww mapianeaomre mn r200o, The ca~iim Soiree. Inc. 5906158 s _ 5. LOAN CHARGES If a law, which applies to this loan and which seu maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already Collected from me which exceeded permitted limits will be refunded tome. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payrtxnt to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments if the Note Holder has not received the full amount of any monthly payment by the end of 15 calrndar days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5.000°~ of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Detault if 1 do not pay the full amount of cash monthly payment on the date it is due, I will be in default. (C) Notice of Default if t am in default, the Notc Holder may send me a written notice telling me that if i do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that 1 owe on that amount. That date must be at least 30 days after tht date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if; at a time wfirn I am in default, the A`ote Holder does not require me to pay immediately in full as described above, [he Note Holder will still have the right to do so if 1 am in default at a later time. (E) Payment of Note Holder's Costs and Expenses if the Note Holder has required rm to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in rnforcing this Note to the extent not prohibited by applipble law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note wilt be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this dote will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSOivS UNDER TH1S NOTE !f more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the foil amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Notc, is also obligated to keep all of the promises made in this Note. The Note Holder may rnforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS t and any other person who has obligations under this Note waive the rights of presentmrnt and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonoi' moans the right to require the Note Holder to give notice to other persons that amounts due have not bern paid. 10, UNIFORM SECURED NOTE This Note is a uniform instrumrnt with limited variations in some jurisdictions. In addition to the protections given to the Notc Holder under this Note, a Mortgage, Deed of Trust, or Security Dead (Cho "Security lnstrvment'~, dated the same iltoriisbte Fired Rate Note-Single F°mily-Fronk Mae/Freddk Mx lJh7FORNt IVSTRIJMF.NC Form 1200 01/01 -THE CO~7Tt.lANCE SOURCE, INC.- Pare 2 or3 Ii601MU OV00 row ~~~ 01000. rLe Gsa°[iance Sass. Ine 5906158 date as this Note, protecu the Note Holder from possible losses which might result if I do not keep the promises which 1 make in this Notc. That Security Instrument describes how and under what conditions I may be required to make immediate paymrnt in full of all amounu I owe under this Note. Some of those conditions are described as follows: If al] or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lrnder if such exercise is prohibited by Applicable Law. If Lender exercises this option, Linder shall give Borrower notice of acceleration. The notice shall provider a period of not less than 30 days from the date the notice is given in accordance with Section l5 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 prnmtted by this Security instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 1 -~ ~ ~`~~G.~ (Seal) AMES T CHAVIS -Borrower (Seal) -BOROwCr (Seal) •Borrower (Scat) -Borrowtr (Sign Original OrrlyJ MattState Fi:ed hate Note- S6igte Family-Fanate MaNFre4die Mac V~t[FOR~! ITSTRIJMEJYT Form 3200 OtNI -'tint COM7UANCE SOUrrce, W C.- Pa=e 3 of 3 i t6o~MU ppa wow oomdireawa ww t204r. Tie ea~gliscr Sevcc. ha 5906158 EXHIBIT A2 ' ~ `!'~~ ~ .ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc." hereinafter "Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR ($1.00} lawful money unto it in hand paid by WELLS FARGO BANK, NA, "Assignee," the receipt whereof is acknowledged, has granted, bargained, sold, assigned, transferred and set over unto the said Assignee, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by JAMES T. CHAVIS and ERNESTINE ~M ~ L.S. CHAVIS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A ether with the Note to t of $299 900 00 th 4/2007 i / (,~ ~C~ g . , , e amoun , n ] NOMINEE FOR AMTRUST BANK, bearing the date 12 and indebtedness therein mentioned, said Mortgage being recorded on 12/20/2007 in the County of CUMBERLAND, ~p Commonwealth of Pennsylvania, in Mortgage Instrument No. 200746865, MIN: 100162500059061581. ~~ Being Known as Premises: 6131 CHARING CROSS, MECHANICSBURG, PA 17050-5204 Parcel No: 10-19-Ib04-338 The transfer of the mortgage and accompanying rights was effective at the time the loan was sold and consideration passed to the Assignee. This assignment is solely intended to describe the instrument sold in a manner sufficient to put thud parties on public notice of what has been sold. Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the: said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. 1N WITNESS WHEREOF, the said "Assn has cau its Corporate Seal to be herein affixed and these presents to be of 20~ fficers this~da d b it l y s proper o y y execute du Mortgage Elec onic Registration Systems, Ina ~'~ "'7-. ~.~.t~ ~ . By: Sealed and Delivered Judith T: Romano, s tant 5ecre and Vi President _ in the presence of us; State of Pennsylvania ss. County of Philadelphia On this ~_ day of , 20~ before me, the subscriber, personally appeared Judith T. Romano, who acknowledged heire to be he Assistant Secretary and Vice President of Mortgage Electronic Registration Systems, Inc., and that she, as such Assistant Secretary and Vice President, being authorized to do so, executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .COMMONWEALTH QF PENNSYLVANUI NOTARIAL SEAL -~~ MAURA HUTCNINSON. Notary Public ~~~ Stam /Se l: COY of Philaaetphia phiia. County Not Public . P ' n Expires M~ fi, 2012 ~'Y The precise address of the within named At'ter recording return to: Assignee is: Phelan Hallinan & Schmieg, LLP . 3476 STATEVIEW BOULEVARD 1617 JFK Boulevard, Suite• 1400 May i, 2009 FORT 29715 One Penn Center Playa Document Execution By; Philadelphia, PA 19103 0257937144 Fo1' ~s '~) ~ PHS # 204871 ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the northeast side of Charing Cross, located in Hampden Township, Cumberland County, Pennsylvania, said tract of land being shown as Lot No. 137 on a Final Plan of Hampden Court, Phase 3 prepared by GMZ Associates, Inc. dated July 13, 1986, Drawing No. 85- 116, recorded in the Recorder of Deeds Office in and for Cumberland County in Plan Book 54, Page 74, said tract being more fully bounded and described as follows, to wit: BEGINNING at the northernmost corner thereof, at a point on the south right of way line of Charing Cross, being a corner of Lot No. 138; thence extending along Charing Cross the two following courses and distances: (1} on a line curving to the left, having a radius of two hundred seventy-five and zero hundredths (275.00) feet, an arc length of fifty and zero hundredths (50.00) feet, a chord bearing of South fifty-three degrees forty-eight minutes forty-two seconds East (S 53 degrees 48 minutes 42 seconds E), and a chord distance of forty-nine and ninety-three hundredths (49.93) feet to a point, and (2) South fifty-nine degrees one minute thirteen seconds I/ast (S 59 degrees O1 minute 13 seconds E), a distance of twenty-seven and thirty-eight hundredths (27.38} feet to a point a corner of Lot No. 136; thence extending along the same, South thirty degrees fifty-eight minutes forty-seven seconds West (S 34 degrees 58 minutes 47 seconds W), a distance of one hundred fifty-eight and eighty-nine hundredths (158.89) feet to a point in line of Hampden Court, Phase 4; thence extending along the same, North fifty-six degrees fourteen minutes nineteen seconds West (N 56 degrees 14 minutes 19 seconds W), a distance of one hundred six and thirty-three hundredths {106.33) feet to a point a corner of the aforementioned Lot No. 138; thence extending along the same, North forty-one degrees twenty-three minutes forty-nine seconds East {N 41 degrees 23 minutes 49 seconds E}, a distance of one hundred sixty and ninety-one hundredths (160.91) feet to the place of BEGINNING. BEING THE SAME PREMISES which Lawrence Vaniver and Leona M. Vaniver, formerly known as Leona M. Sweger, husband and wife by deed dated February 18, 2000 and recorded February 22, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 216, Page 477, granted and conveyed unto Richard D. Sweeney and Prudence K. Sweeney, husband and wife, their heirs and assigns. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200916922 Recorded Ou 5/22/2009 At 11:33: 14 AM * Instrument Type -ASSIGNMENT OF MORTGAGE Invoice Number - 44222 User ID - MSW * Mortgagor -CHANTS, JAMES T * Mortgagee -WELLS FARGO BK N A * Customer -JAM TRANSFER * FEES STATE WRIT TAR $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCIiIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $37.00 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ~ ~~"a-/° RECORDER O D DS * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. iuuuiuiii~iiuiA EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF South Carolina ) COUNTY OF York ) ss. Xee Moua, being duly sworn according to law, deposes and says: 1. I am employed in the capacity of -Vice President Loan Documentation at Wells Fargo Home Mortgage, Inc., mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants' accounts. 5. Defendants' mortgage payments due December 1, 2008 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance Interest November 1, 2008 through June 4, 2009 (Per Diem $61.15) Attorney's Fees Cumulative Late Charges December 14, 2007 to June 4, 2009 Cost of Suit and Title Search Subtotal Escrow Credit Escrow Deficit TOTAL $297,610.06 $13,208.40 $1,300.00 $0.00 $750.00 $312,868.46 $(1,143.46) 0.00 $311,725.00 7. Mortgagors have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. Xee Moua, Vice President of Loan Documentation Wells Fargo Home Mortgage, Inc. SWORN TO AND SUBSCRIBED BEFORE ME THIS 30 DAY ? AMANDA~tIaAQFYf~#Wp~[N~ELD r NotaryPubliC,SOUthCdrolina MvCommissionExpires April2~ 2017 File Name: James T. Chavis and Ernestine L.S. Chavis, PHS # 204871 Litigation Department - AXD OF July ,2009. EXHIBIT C Phelan Hallinan & Sehmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallman, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivaek, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 204871 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. JAMES T. CHANTS ERNESTINE L.S. CHANTS 6131 CHARING CROSS MECHAIVICSBURG, PA 17050-5204 Defendants 4 ~m .~+ ~ ~~ ~~ •~ f +~ ~ ~ ~. :'~~ ~ -71 .~ ~ o .. ~ r~i~t crs ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q `f - ,~ ~ ~ 7 C e-~ ~ ` ~ ~Pl~c. CUMBERLAND COUNTY INe hereby certify the within to be a #rue and correct copy of the o~igieal flied of re00~d CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE Aj~(~~/ FILE COPY PLEASE RETURN File #: 204871 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 2oas71 WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff v. JAMES T. CHAVIS ERNESTINE L.S. CHANTS 6131 CHARING CROSS MECHANICSBURG, PA 17050-5204 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 204871 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 maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Ctimberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 204871 1. Plaintiff is WELLS FARGO BANK, NA 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES T. CHANTS ERNESTINE L.S. CHANTS 6131 CHARING CROSS MECHANICSBURG, PA 17050-5204 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/14/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMTRUST BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200746865. By Assignment of Mortgage recorded 05/22/2009 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Document ID 200916922. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File ~: 204871 6. The following amounts are due on the mortgage: Principal Balance $297,610.06 Interest $13,208.40 11/01/2008 through 06/04/2009 (Per Diem $61.15) Attorney's Fees $1,300.00 Cumulative Late Charges $0.00 12/14/2007 to 06/04/2009 Cost of Suit and Title Search 750.00 Subtotal $312,868.46 Escrow Credit ($1,143.46) Deficit $0.00 Subtotal ($1,143.46) TOTAL $311,725.00 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above maybe less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 204871 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $311,725.00, together with interest from 06/04/2009 at the rate of $61.15 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ~~~- ~wrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Attorneys for Plaintiff File #: 204871 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate on the northeast side of Charing Cross, located in Hampden Township, Cumberland County, Pennsylvania, said tract of land being shown as Lot No. 137 on a Final Plan of Hampden Court, Phase 3 prepared by GMZ Associates, Inc. dated July 13, 1986, Drawing No. 85-116, recorded in the Recorder of Deeds Office in and for Cumberland County in Plan Book 54, Page 74, said tract being more fully bounded and described as follows, to wit: BEGINNING at the northernmost corner thereof, at a point on the south right of way line of Charing Cross, being a corner of Lot No. 138; thence extending along Charing Cross the two following courses and distances: (1) on a line curving to the left, having a radius of two hundred seventy-five and zero hundredths (275.00) feet, an arc length of fifty and zero hundredths (50.00) feet, a chord bearing of South fifty-three degrees forty-eight minutes forty-two seconds East (S 53 degrees 48 minutes 42 seconds E), and a chord distance offorty-nine and ninety-three hundredths (49.93) feet to a point, and (2) South fifty-nine degrees one minute thirteen seconds East (S 59 degrees O1 minute 13 seconds E), a distance of twenty-seven and thirty-eight hundredths (27.38) feet to a point a corner of Lot No. 136; thence extending along the same, South thirty degrees fifty-eight minutes forty-seven seconds West (S 30 degrees 58 minutes 47 seconds W), a distance of one hundred fifty-eight and eighty-nine hundredths (158.89) feet to a point in line of Hampden Court, Phase 4; thence extending along the same, North fifty-six degrees fourteen minutes nineteen seconds West (N 56 degrees 14 minutes 19 seconds W), a distance of one hundred six and thirty-three hundredths (106.33) feet to a point a corner of the aforementioned Lot No. 138; thence extending along the same, North forty-one degrees twenty- File #: 204871 three minutes forty-nine seconds East (N 41 degrees 23 minutes 49 seconds E), a distance of one hundred sixty and ninety-one hundredths (160.91) feet to the place of BEGINNING. BEING THE SAME PREMISES which RICHARD D. SWEENEY and PRUDENCE K. SWEENEY, HUSBAND AND WIFE by Deed dated 11/20/07 and intended for immediate recording in the Office of the Recorder of Deeds in and for CUMBERLAND County, Pennsylvania, granted and conveyed unto JAMES T. CHAVIS and ERNESTINE L. S. CHAVIS, HUSBAND AND WIFE, Mortgagor(s) herein. PARCEL NO. 10-19-1604-338 ADDRESS: 6131 CHARING CROSS File #: 204871 VERIFICATION The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. DATE: ~ -~~..~- _~~- ~ Attorney for Plaintiff File #: 204871 EXHIBIT D WELLS FARGO BANK, NA, Plaintiff, vs. JAMES T. CHAVIS and ERNESTINE L.S. CHANTS, Defendants. a~~ ~ COURT OF COMMON PLEAS CIVIL DIVISION No. 09-3717 CIVIL TERM CUMBERLAND COUNTY ANSWER TO COMPLAINT' IN MORTGAGE FORECLOSURE Filed on Behalf o£ Defendants Counsel of Record for this Paxty: Brian J. Bleasdale, Esquire PA I.D. Pa. I.D. #90576 BLEASDALE LAW OFFICE 931 Chislett Street . Pittsburgh, PA 15206 (412) 726-7713 WALLS FARGO BANK, NA, COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION vs. No. 09-3717 CIVIL TERM CUMBERLAND COUNTY JAMES T. CHANTS and ERNESTINE L.S. CHANTS, Defendants. .ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes James and Ernestine Chavis, by and through their attorney, Brian J. Bleasdale, Esquire, and the Bleasdale l.aw Office, and files the following Answer To Complaint in Mortgage Foreclosure wherein the following is averred: 1. Admitted. Z. Admitted. 3. Denied. It is denied that the Mortgage has been legally assigned or transferred, and strict proof is demanded at the time of trial. 4. Denied. It is denied that the Mortgage has been legally assigned or transferred, and strict proof is demanded at the time of trial. 5. Dexued. The Defendants are without knowledge or information sufficient to form a belief as to the truth or falsity of the dates stated in Plaintiff's Complaint and therefore this allegation is denied and strict proof is demanded at the time of trial. 6. Denied. It is denied that the amounts stated in Plaintiff's Complaint are accurate, and strict proof is demanded at the time of trial. 7. Denied. Attorneq's fees are not appropriate for this case. 8. Denied. Plaintiff's corresponding paragraph is a Conclusion of law and no response is required. 9. Denied. The Defendants are without knowledge or information sufficient to form a belief as to the truth ox falsity of the allegation that the cited Notice(s) were forwarded properly to Defendants, and therefore this allegation is denied and strict proof is demanded at the time of trial. 10. Denied. Plaintiff's corresponding paragraph is a Conclusion of law and no response is required. WHEREFORE, the Defendants request that this Honorable Court dismiss the Plaintiff's Complaint. Respectfully submitted, BLEASDALE LAW OFFICE :- `-_°.` . ,... Brian J. Bleasdale, Esquire Counsel fox Defendant~t`` VERIFICATION I verify that the statements made in this Answer to Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. 'This statement is made subject to the Penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Zone 25, 2009 Date (Signature of Defenda~Ct or Authorized person) EXHIBIT E Welis Fargo Home Mortgage P,O. f3ox 9039 Temecula, Ca 92589-9039 7113 8257 1473 0910 7185 February 15, 2009 455f93GAC7'9l/PA JAMES T CAAViS 6131 CHARING CROSS MECAAN[CSBURG, PA 17050-5204 I~~~II I~~~Ifl~~~~l~l~ll~~~~l~l~~~l~lll~~~~l~~l~~il~~~~ll~~t~ll RE: Wells Fargo Home Mortgage Loan Number 0257937144 Mortgagor(s): JAMES T CHANTS Mortgaged Premises: 6131 CHARING CROSS MECHANICSBURG, PA 17050 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an ollidal Notice that the mortgage an your home Is In default. and the lender Intends to foreclose. Spedfic information abort the nature of the default Is provided in the attached Wages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save vour home. This Notice explains how the program works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITFQN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency The name. address and phone number of Consumer Credit Counseling Agendes serving vour County are listed at the ead of this Notice. If you have aav questions, you may call the Pennsylvania Housiag Finance Agency toll free at 1(800) 34239?. (Persons with impaired hearing can call l (7l7) 780-1869) This Notice contains important legal Iaformation. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association rosy be able to help you 8nd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE 5UMA IMPORTAi~iCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION 433.936.AGT9L.PA.O OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGiBLE PARR UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAM ACCT. NO.: ORIGINAL LENDER: JAMES T CHANTS 6131 CHARITTG CROSS MECHANICSBURG, PA 17050- 0257937144 CURRENT LENDER/SERVICER: WELLS FARGO BANK N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELLTGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (T.HE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage far thirty (30} days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WiTHI1~I THHtTY-THREE (33) DAYS OF THE DATE OF TBIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The_narnes, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your tender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FLL.E A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS THE POSTMARK DATE OF THIS NOTICE 455.936.ACr91.PA.2 AND FILE AN APPLICATION WITH PHFA WITHIN THIRTY (30) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN TAE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU RAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS .EVENTUALLY APPROVED AT ANY TIME .BEFORE A SH.ERRIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FII.1NG OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TffiS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have tiled bankruptcy you can still apply for Emergency Mortgage Assistance.) H.OW TO CURE YOUR MORTGAGE DEFAULT Brinl= it up to dateZ NATURE OF THE DEFAULT -The MORTGAGE debt held by the above tender on your property located at: 6131 CHARING CROSS MECHANICSBURG, PA 17050 IS SERIOUSLY 1N DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS far the following months and the following amounts are now past due: November 2008 -February 2009 $ 9,582.72 Other charges (explain/itemize): Late charges $ 0.00 Expense Balance (may include NSF, and/or property inspections, and/or preservation, attorney fees and/or costs and/orappraisal /BPO fees) $ 0.00 Unapplied Funds -$ 902.83 TOTAL AMOU'YT FAST DUE; $ 8,679.84 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $8,679.89 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURWG THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check certified check or money order made payable and sent to• WELLS FARGO HOME MORTGAGE 1 HOME CAMPUS X2302-04A D.ES MOINES, IA 50328 d55.936.ACr91.PA.2 You can cure any other default by talang the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - 1f you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to ezerdse lts ri¢hts to accelerate the morteaee debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uyon your mort~aeed property. iF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property wits be sold by the Sheriff to pay off fhe mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the tender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed 550.00. Any attorney's fees wilt be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default wlthin the THIRTY (30) DAY perlod, you will not be required to aav attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so bypaying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the morteaae. Curing your default in the manner set forth In this notlce will restore your mortgage to the same position as if you bad never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of the mortgaged property could beheld would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Faz Number: Contact Person: Email: Wells Fargo Home Mortgage 347b Statevlew Boulevard Fort Mlll, SC 29715 1-888-937-6505 x38521 1-866-494-8619 Clarene Ford HousingAssistance@wellsfargo.com EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff s Sate wilt end your ownership of the mortgaged property and your right to occupy it. Tf you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You X may or _ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's foes and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 455.936.ACC9I.PA.2 YOU MAY AL50 HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAW MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTIT[JTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIlZD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURfi YOUR DEFAULT MORE THAN THREE (3) TIlVIES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER. TIC MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER. DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. 455.936.ACI'91.PA.2 CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR GOUNTY CUMBERLAND County Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334. L518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.51 ] .2227 Community Action Commission of Captial Region I S I4 Deny Street Hamsbur ~ PA 17104 717.232.57 ILoves6ip, Inc. 2320 North 5th Street Harrisburrgg, PA 17110 717.232.207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 2l 1 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2347. Q55.936.ACr91.PA.2 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE DATE: APRIL 30, 2009 TO• Ernestine L.S. Chavis • 6131 Charing Cross Mechanicsburg, PA 17050 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servingyour County are listed at the end of this Notice. If you have any questions oy u may call the Pennsylvania Housing Finance Agency toll free at 1-500-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Ernestine L.S. Chavis PROPERTY ADDRESS: 6131 Charing Cross, Mechanicsburg, PA 17050 LOAN ACCT. NO.: 0257937144 ORIGINAL LENDER: Amtrust Bank CURRENT LENDER/SERVICER: Wells Fargo Bank, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • [F YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP Tp DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brim it up to date). NATURE-OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 6131 Charing Cross, Mechanicsburg, PA 17050 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 12/01/08 through 4/01/09 at 1 @ 2,409.70; 4 @ 2,381.66 per month. Monthly Payments Accrued: $11,936.34 Late Charges Accrued: $0.00 NSF: $0.00 Inspections: $15.00 Other (Please Specify): $0.00 (Suspense): 0.00 TOTAL AMOUNT PAST DUE: $11,951.34 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $11,951.34, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: PHELAN HALLINAN & SCHMIEG. LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelahia, PA 19103-1814 Attn: Foreclosure Resolution Department You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YbU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged properly will be sold by the Sheriff to pay off the mortgage debt. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so b~paying the total amount then past due, plus any late or other charl;es then due. reasonable attorney's fees and costs connected with the foreclosure sale and anY other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender's Attorney: PHELAN HALLINAN & SCHMIEG, LLP Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelahia, PA 19103-1814 Phone Number: (215) 563-7000 Fax Number: (215) 568-0719 E-Mail Address: FCResolution(a~fedphe.com EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You X may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. If this is the first notice that you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid. Likewise if requested within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, PHELAN HALLINAN & SCHMIEG, LLP Cc: Wells Fargo Home Mortgage, Inc. Attn: Timothy Hines Account No.: 0257937144 FH/mas Mailed by 1s` Class Mail and by Certified Mail CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated: 10/15/2007 10:03:08 AM Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg~PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 EXHIBIT F PHELAN HALLINAN &SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Foreclosure Resolution Department Representing Lenders in Pennsylvania & New Jersey September 1, 2009 Via E-Mail James T. Chavis James.Chavis@navy.mil Re: Chavis, James T.; Chavis, Ernestine L.S. 6131 Charging Cross, Mechanicsburg, PA 17050-5204 Acct: 0257937144 To Whom It May Concern: In accordance with your recent request, please find a reinstatement figure in the amount of $20,307.67, which is the amount required to bring the above account current with Wells Fargo Home Mortgage, INC. Funds must be received in our office no later then 7114/09 to allow for processing and mailing to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. Please make check payable to your mortgage company or servicer. • All checks must be made payable to the mortgage company stated above, and forwarded to PHELAN HALLINAN &SCHMIEG, LLP. • Include account number on the check for proper identification. • It is possible that either the mortgage company or this firm may incur additional expenditures in the interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies. will be accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Nicholas Belani Foreclosure Resolution Department Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount speciTied. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. { W PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com Nicholas Belani Representing Lenders in Legal Assistant Ext. 1501 Pennsylvania & New Jersey Reinstatement Figure NAME' ' Chavis, James T.; Chavis, Ernestine ACCT. #: 0257937144 L.S. DATE: 9/1 /09 Good Through 7/14/09 Payments Due Late Charges Property Inspections/BPO $19,081.32 $104.85 $15.00 Prothonotary of Lehigh County Costs Sheriff of Lehigh County Costs Additional Foreclosure Costs Attorney Fee TOTAL $86.50 $100.00 $220.00 $700.00 $20,307.67 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING ANY PAYMENTS! Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. It you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due an the day you pay may be greater, Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. r. PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 Email: FCResolution@fedphe.com PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT! ***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE COMPLETE TO THE BEST OF YOUR ABILITY'"~* Date: Name on Mortgage: Loan Number: Property Address: Mailing Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! ***PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED*** Please be advised that this t'irm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. It you have received a discharge in bankruptcy, and this debt was not reaft'irmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment rosy be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further informatlon, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of his knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. 3 a~ B . ~l~ Date osep P. chalk, Esquire Atto ev for Plaintiff ~~ii'~;P:l1~S~d~~d ~ ~ ~~ ~~ ~- d3S 6042 k~V1C?tdu~~G~~c~ ~ ~0 ~~~.'.~C~-i~3lE~ .~ PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215) 563-7000 Wells Fargo Bank, NA 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff vs. James T. Chavis Ernestine L.S. Chavis 6131 Charing Cross Mechanicsburg, PA 17050-5204 Defendants Court of Common Pleas Civil Division Cumberland County No. 09-3717-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion for Summary Judgment and Brief in Support thereof were sent via first class mail to the persons on the date listed below: Brian J. Bleasdale, Esquire James T. Chavis Ernestine L.S. Chavis 931 Chislett Street 6131 Charing Cross 6131 Charing Cross Pittsburgh, PA 15206 Mechanicsburg, PA 17050-5204 Mechanicsburg, PA 17050-5204 Date: 9 ~ 3~ u 9 By: ose h P. Schalk, Esquire Atto ey for Plaintiff t~~fi~~'l113~S~iN3c! ~ 5 ~~ Wb ~t- d3S 68QZ R~'~1C~f~~~'r-~~+:~d ~ jU ~~W~ -tT~~l4~ PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE Wells Fargo Bank, NA 3476 Stateview Boulevard Fort Mill, SC 29715 vs. (Plaintiff) James T. Chavis Ernestine L.S. Chavis 6131 Charing Cross Mechanicsburg, PA 17050-5204 (Defendant) No.09-3717 CNIL TERM 1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff s Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Joseph P. Schalk, Esquire Address: 126 Locust Street Harrisburg, PA 17101 (b) for defendant: Brian J. Bleasdale, Esquire Address: 931 Chislett Street Pittsburgh, PA 15206 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 14, 2009 Date: / ~31 p9 ~~~ for Plaintiff ~~~ ~~ 20~~ SEP -4 At9 9~ 5~ CUM~~~~~`~.VAi~iiA ~~~` h AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA PHS # 204871 DEFENDANT SERVICE TEAM/ iin JAMES T. CHAVIS ERNESTINE L.S. CHAVIS COURT NO.: 09-3717-CIVIL TERM SERVE ERNESTINE L.S. CHAVIS AT: TYPE OF ACTION 6131 CHARING CROSS XX Notice of Sheriff s Sale MECHANICSBURG, PA 17050-5204 SALE DATE: 06/02/2010 n o C. ~. c, ~ SERVED 'cJ t ~'' £ _.~ zz rn v7 p ~ Served and made known to ~i-'6~.~--~- C~I~/~t!~, De endant on the ~3 ay of ~'`~'~ , 20/D ,~ ~ af,~? -'';~ -c «... t c.Tt `~3j , o'clock ~ M., at ~/.3/ ClfA,c~.y~J:o, /~ .=>~.•~~.gin the manner described below: ~ ~~ ..~ _ Defendant personally served. ~ ~. ~-~, ~` Adult family member wit hom D fen t(s) reside(s). ~' t_." tV Relationship is --- ~~~~ ~//L/77L~ ~~i~-dit Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age3 °Yv Height Weight ~q~ Race !3/< Sexes Other I, ~~~- ~~ ~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated e. Sworn to and subscribed iL1A~4Bv~RLY CURTY ,~.-- before me this ~` day *IOTt,R°~l PUB--1C ~y'~ of ~~, 20io. STATE OF *S~:W JEA~E.Y Kenneth W. Baker MY COMMiSS10~ EXi1tRL5 MARCH 7, 2013 19 Bisbee Drive No By: Burlington,NJ 08016 Ph.609-526-4231 NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant _ Bad Address _ Moved No Answer Service Refused Other: Sworn to and subscribed before me this day of ,~~ By: Notary: Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrenre T. Phelan, Esq., Id. No. 32227 Francis S. HalBnen, Esq„ Id. No. 62695 Daniel G. Schmieg, Esq„ Id. No. 62205 Michele M. B~adfo~d, Esq„ Id. No. 69849 Judilh T. Romano, Esq., Id. No. 58745 Sheetal R Shah-Jana, Esq., Id No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq„ Id. No. 93337 Vivek Srivastava, Esq„ Id. No. 207331 Jay B. Jones, Esq„ Id. No. 86657 Peter J. Mulcahy, Esq„ Id. No. 61791 Andrew L Spivack, Esq„ ki. No. 84439 Jaime McGuinmss, Esq., Id. No. 90134 Chrtsovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goklmaq Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id. No. 206779 Andrew C. BramblMt, Esq„ Id. No. 208375 One Penn Center al Suburban Station 1617 John F. Kennedy BWd„ Suife 1400 Phihadelphia, PA 1910}1814 (215)563-7000 G -n ~~ -c~ ~ U~ -r ~~ C~ ~~ AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY WELLS FARGO BANK, NA PHS # 204871 DEFENDANT SERVICE TEAM/ iin JAMES T. CHAVIS ERNESTINE L.S. CHAVIS COURT NO.: 09-3717-CIVIL~ER~, C c~ SERVE JAMES T. CHAVIS AT: TYPE OF ACTION ~~ ~ ~ 6131 CHARING CROSS XX Notice of Sheriff s Sale ~ -:~_ .~ _~,, MECHANICSBURG, PA 17050-5204 SALE DATE: 06/02/2010 %~= +; i , ~'~ .._ -C <._. ~-• C17 SERVED ~ ~ -3 Served and made known to ~~f ~~vlf Defendant on the ~ day of ^!/g''` , 20 /~ ~'-' t ~ ~;3r ,o'clock /~ M., atG/3/ A,~rC~~JS ~~g~ti6~~ /°~ , in the manner described below: ~-[ -- X Defendant personally served Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Descr~i~ption: A~ge/~-'Y0 Height 6 o Weight ~D Race :~K Sex ~ Other I, !'I +G.,, l6~Sc~ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as forth herein, issued in the captioned case on the date and at the address indicated above. t_. -ri m~ ~~~n z.~ -:=} -r; ~~ Sworn to and subscribed ,.------'-` before me this ~~ day 1~1N~1',ERGY C-URTY of ~i~ , 20/0. *]0'i ~^,g.Y Pt;`3t.1C. ~=',vi:.4ti" sC:RSE~' ~' c^~~Tt ~~` ~ c ~IARCH'1, 2013 Kenneth W. Baker Not ' 1RL• ~ ' 19 Bisbee Drive - ~'`( COiviA'11SS10'~ k%''~ Burlington,NJ 08016 NOT SERVED Ph. 609-526-4231 On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Vacant Bad Address No Answer Service Refused Other: Sworn to and subscribed obeffore me this ~_ day Notary: By: Moved _ Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. HalBnan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michdc M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shcetal R Shah-Jani, Esq., Id. Nw 81760 Janice R Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivck Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id. No. 206fl9 Andrew C. Brambldy Esq., kt. No. 208375 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd„ Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 ay Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff WELLS FARGO BANK, NA Plaintiff : I Court of Common Pleas : I Civil Division vs JAMES T. CHAVIS ERNESTINE L.S. CHAVIS Defendant : CUMBERLAND County : I No. 09-3717-CIVIL TERM TO THE PROTHONOTARY: PRAECIPE Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: November 15, 2010 Jr- c?? . e ! U ' e .ii , f? PH S# 204871 P A HALLINAN & SCHMIFG, LLP By: ? Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff `lpdd'i ?? ??gs5