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HomeMy WebLinkAbout09-3776 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, vs. MATTHEW A. LOCY and KELLY A. LOGY, Defendants. NO.: CA - 3771.o 3 VI I laron TYPE OF PLEADING: CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ?'? UL"- ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 AND THE DEFENDANTS IS: 624 Allenview Drive Tha:rg, PA 17055 ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 624 Allenview Drive Upper Allen, PA ( ITY, BORO, OWNSHI (WARD) ATTORNEY FOR AINTIFF Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 vArrian M. Kile, Esquire Pa. I.D. #89240 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, vs. MATTHEW A. LOCY and KELLY A. LOCY, Defendants. NO.. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, NO.: 01- 3 7 76, Q 14-t4- Plaintiff, vs. MATTHEW A. LOCY and KELLY A. LOCY, Defendants. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, Matthew A. Locy and Kelly A. Locy, are individuals whose last known address is 624 Allenview Drive, Mechanicsburg, Pennsylvania 17055. 3. On or about July 24, 2003, Defendants executed a Note in favor of Equity One, Incorporated in the original principal amount of $116,916.00. A true and correct copy of said Note is marked Exhibit "A," attached hereto and made a part hereof. 4. On or about July 24, 2003, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as Nominee for Equity One, Incorporated a Mortgage in the original principal amount of $116,916.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on July 29, 2003, at Mortgage Book Volume 1825, Page 4433. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B," attached hereto and made a part hereof. 5. Mortgage Electronic Registration Systems, Inc. assigned all of its right, title and interest in and to aforesaid Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the January 1, 2009 payment. 8. On or about April 1, 2009, Defendants were mailed combined Act 91 and Act 6 Notices, via certified mail, return receipt requested, and by first class mail, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. '101, et seq. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest to 5/19/09 Late Charges to 5/19/09 Escrow Deficiency to 5/19/09 Corporate Advances Unapplied funds Attorney's fees Title Search, Foreclosure and Execution Costs TOTAL $107,422.85 $ 2,752.30 $ 333.64 $ 0.00 $ 56.00 ( $ 452.41 ) $ 850.00 $ 2,500.00 $113,462.38 I WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $113,462.38 with interest thereon at the rate of $16.19 per diem from May 19, 2009, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: 6-- ?( ` Brian M. Kile, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Exhibit "A" MAINAL NOTE NbTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT, MIN 1000466-0000360954-3 July 24, 2003 Marlton New Jersey IDaeel Icily) IStatel 624 Allenview Dr,Mechanicsburg,PA 17055 IFmperty Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that 1 have received, I promise to pay U.S. $ 116.916 00 (this amount is called "Principal"), plus interest, to the order of the lender The Lender is Equity One, Incorporated 1 will make all payments under this Note in the form of cash, check or money order. 1 understated that the Lender may transfer this Note. The fender 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. I will pay interest at a yearly rate of 5 5000 % 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 Note 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by snaking a payment every month I will make my monthly payment on the 1St day of each month beginning on September 1, 2003 . 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 August 1, 2033 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at 301 L i ppi ncott Dri ve, Marl ton, NJ 08053 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 S 663 84 4. BORROWER'S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time, without premium or fee, the entire indebtedness or any part thereof not less than the amount of one installment, or $100 00, whichever is less. Any Prepayment in full of the indebtedness shall be credited on the date received, and no interest may be charged thereafter. Any partial Prepayment made on other than an installment due date need not be credited until the next following installment due date or 30 days after such Prepayment, whichever is earlier 00360954 MULTISTATE FIXED RATE NOTE-Single Family-Fannie Mss/Fraddti Mac UNIFORM INSTRUMENT Amended for Veterans Affairs Form 3200 vo1 ?•50 tom} o} Amended 6100 { ?e VMP MORTGAGE FORMS 16001521 738} M t1 Ve6e 1 .1 3 MW OY0002 /?? Ij 091 oil 5. LOAN CHARGES If a law. which applies to this loan and which sets maximum loan charges, ?s finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted htttits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pernnntted 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 I owe under this Note or by making a direct payment to me. If a refund redue.cs 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 lull 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 4 0000 % of my overdue payment, i will pay this late charge promptly but only once on each fate payment (it) Deraull If I do not pay the full amount of c,a:h monthly payment on the date it is due, 1 will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written notice telling me that il' I do not pay the overdue amount by a certain date, the Note Holder may iequire me to pay immediately the full amount of Principal which has not been paid and all the interest that 1 owe on that amount 'Phat date must be at )east 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 I 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 Gists 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 rile 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 dillcrent 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 snail to me at the Property Address above or at a different address if f give the Note Holder a notice of my different address Any notice that must be given to tlic Note Holder 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 1 am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fusty 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 obligatcil 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 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 I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" 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 00360954 Form 3200 1/01 ?® 5G MM) of Papa 2,A ] 10. ALLONGE TO THIS NOTE If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of (his Note. (Check applicable boxJ ? Graduated Payment Allonge © Other (Specify) ? Other (Specify) legal Description 11. 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 date as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which i 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. Regulations (38 C.F.R Part 36) issued under the Department of Veterans Affairs ("VA") Guaranteed Loan Authority (38 U.S C Chapter 37) and in effect on the date of loan closing shall govern the rights, duties and liabilities of the parties to this loan and any provisions of this Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto WITNESS THE HAND(S) AND SEMIS( ) O THE UNDERSIGNED. /I ?• (seal) _ - ? T i MATTHEW A. IOCY Borrower LL A L Y (Seal) Borrower _ (Seal) -Borrower (Seal) -Borrower -(Seal) -Borrower (Seal) -Borrower (Seal) -Borrower -(Seal) -Borrower (31811 01i8?nal Only] 00360954 ®® 5G roooff)of Pepe of WI171401.11 RLCUIfkSE I'M Ir) f hi i iit l,)t?It nF BY CHASE MANHATTAN MORTGAGE CORPORAT1WNALD4. 1' C. SHOWN 77 ass lP?ldatat(t to the Order of out R NMUMe Mortgage Corporsum SECRETARY Form 3200 1101 Exhibit "B" 13Irv OU;li ;•_ CJ?'' 1 C 08 Prepared By: Retum To: Connie Olive Equity One, Inc. 301 Lippincott Drive Marlton, NJ 08053 301 Lippincott Drive, Marlton, NJ 08053 Parcel Number: [Space Above 71b Une For Reeordit Datal 0 MORTGAGE NOTICE: THIS LOAN IS NOT ooaASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated July 24, 2003 together with all Riders to this document. (B)"Borrower"is MATTHEW A. LOCY and KELLY A. LOCY, Husband and Wife 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 ]ender and L.ender's successors and assigns. MERS is the mortgsllee trader this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. 00360954 PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 1101 A-681PA) to2oa1 P.a. I'd 10 MW 06122 "limb: -! l?L YMP MOm0A0e FORMS -16001521.7281 ¦m1u SK 1625?G4433 (D) "Lender" is Equity One, Incorporated Lender is a Corporation organized and existing under the laws of Pennsylvania Lender's address is 301 Lippincott Drive, Marlton. NJ 08053 (L) "Note" means the promissory note signed by Borrower and dated July 24 , 2003 The Note states that Borrower owes Lender One Hundred Sixteen Thousand Nine Hundred Sixteen and no/100 Dollars (U.S. $116,916, 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 1, 2033 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check ,box as applicable): Adjustable Rate Rider Condominium Rider El Second Home Rider ? Balloon Rider Planned Unit Development Rider ? IA Family Rider ® VA Rider ? Biweekly Payment Rider ® Other(s) [specify) legal Description (I) "Applicable Low" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-apppealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues fees assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (ti) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (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 S) 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 aWfor condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 00360954 at-BBIPAI roman P.o" z of IS Form 3039 1)01 DK 18- 25PG 4434 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C:F.R. Pan 3300), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Low 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 parry has assumed Borrower's obligations under the Note &M/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the County IType of Recording Jurisdiction) of Cumberland [None of Recording Jurisdiction): See Schedule A hereto and made a part of. which currently has the address of 624 Allenview Dr Istreetl Mechanicsburg [city], Pennsylvania 17055 [zipcodel ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pan of the property. All replacartents 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 mterests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Larder's successors and assigns) has the right: to excmise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 00360954 ?f? ?,/1 ?? / dft -86(PA) so2oal Pape 3 of 16 V" Form 3038 1101 BK 1825PG4435 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 00360954 (M-68(PA) iozosi mnrr POP 401 Is Form 3039 1101 BKI825PG4436 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds ror Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security instrument au a lien or encumbrance on the Property;'(b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Leader may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such tithe period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower falls to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation. Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the tune specificd under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (Including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified sander RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, awnless lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 00360954 1111211-45DWA) (0204) P.o. s of 1e Form 3039 1101 BK i 825PG4437 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all stuns secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessmcnts, if any. To the extent that these items ate Escrow Items. Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a matmer acceptable to Lender, but only so long as Borrower is perforating such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insumoce. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limitod to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The Insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 04360954 RAW, V, k •68tPA) p2o61 Papa a 16 Form 3030 1101 BK 1825PG';4J8 If Borrower fails to maintain any of the coverages described above, lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Loder's right to disapprove such policies, shall include a standard mortgage clause, and shall now Lender as mortgagee and/or as an additional loss payee. L cndcr shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During 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 shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the stems secured by this Security Instrument, whether or not theca 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, Lander may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security 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 arc 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, 00360954 l/ (46BIPA) 102061 "`a'"`-? Ka 106• 7 of 16 Form 3039 7101 B,(I825PG4439 b. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Ittspectiom. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if 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. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited it), representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect L,cndar's Interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security 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 Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sum secured by a lien which has priority over this Security Instrument; (b) appearing in court, and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take anion under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all anions authorized under this Section 9. 00360954 ?j?? 8911+41 am) miuue' V f ""L Pne a a 16 Form 3039 1/01 BK 16Z5FG4440 Any amounts disbursed by lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. 11' Borrower acquires fee title to the Ptbperty, the leasehold and the fee title shall not merge unless lender agrees to the merger in writing. 10. Mortgage Insurance. If bender 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 coat substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in forte 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 fiends 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 hisumnce, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Inuarance, or any other terms of the loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 00360954 -681PA11020et 16,L - Pp" 9 W s Form 3038 1101 B't 1625FG4144 1 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the a ge Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to L repairs and ender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the completed. Unless an in a made in writ ng or Appli ableLaw p quires unerast to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction; (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 00360954 ird" K ! ?-60(PA) tozoei / vne to w is Form 3039 1101 N' 1825PC4442 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrmnent. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the starts secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instruaruent; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or matte 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 assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agrocir nts of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loam Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which setts maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument mast be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 00360954 ® -613(PA) so2oar uwuus: //IR7 ?i L • vo. II of To form 3039 1101 ? ?PUG 4443 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. Thcrc may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the Jeminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beocflcial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require in mediste 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 ]ender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fuller notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security instrument, (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions arc 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 any default of any other covenants or 00360954 Form 3039 1101 OX 18 2 5 2a 41, 4 It agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the striate secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain ftnlly effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servioer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Blasardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 00360954 (M-68(PA) p100) Fps 13 at to Form 3039 1101 H ! 325PG4445 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, ) which creates an Environmental Condition, or (c) which, due to the presence use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or Private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any overnmental or regulatory authority, or any private party, that any removal or other remcdiation of any Aazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall creme any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows. 22. Acceleration; Remedies, bender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in 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 right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-arfstence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Leader at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Larder shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, lender shall discharge and satisfy this Security Instrument. Borrower shall pay an recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. hour prorR??e coMmmeucem n Bof bidding drate a t sheriff st salleor o her sale Section 19 pursuant ato extend this n Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 00360954 ealPal rozoej Pop 14 ,, is C DG BXI82J 1 4446 -: / &L Form 3039 1/01 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants containod in this Security Instrument and in any Rider executed by Borrower and recorded with it. _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower 00360954 _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) .Borrower Gk-66(PA) (02001 rpr is Of is Form 3038 1101 -?-,aY"" _ A _?? (Seal) MATTHEW A. LOC ao 1YO ? (Seal) *ELL 4A.LO Bow N . 626PG4447 Certificate of Residence 1' do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 24th day of July,2003 Agent of Wrtgum COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the 24th day of July, 2003 , before me, the undersigned officer, personally appeared MATTHEW A. LOCY and KELLY A. LOCY, Husband and Wife satisfactorily raven) to be the known to me (or p person(s) whose name(s) isA rg subscribed to the within instrument and acknowledged that he/she/Q executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ' V lN LL SAE%SAFL.Z-,-.LNoWyPubk DWW . mg,t,.'tNl 00360954 GO(PA) mom ft Popp ee ar ie Foam 3039 1/01 R; 826PU'4?>48 , . JUL-18-2003 FR I 11; 21 AM EI111 TY ONE I ND FAX NO, 7919285 P. 08 07/10/2003 11:20 PAZ 717 761 107, CAP REG LAM '11k W... SCHEDULS C PROPtMII DEBCRIPTIf7N The land referred to In this Comnv meat is described as follows; ALL THAT CERTAIN piece or panrel of land situate In Upper Allen Township, Cumberland County, Pennovania, more particularly be unded and described In accordance with a Plan By Ropers and Frederick dated November 19, '1984, as folkvra, to wit: ALL THAT land In State III, Secilon C, Townhouse Plot No. 10, being more particularly described on sold Plan as recorded In Plan Book 40, Page 133 and being designated on sold Plan as Lot No. 10-D and else known as 624 ANenviow Drive, Mechanlcebt, rg. PA 17055. UNDER AND SUBJECT to the Do3laratlon of Covenants and Restrictions dated DOOMber 0, 1084 and reewded In the Office of the Root der of Deeds In and for Cumberland County, Pennsylvents, In Misc. Book 301, Page 290. ALSO UNDER AND SUBJECT to my and all covenants, conditions, restrktlons, rights-of-way, easements and agreements of record, or visibls upon inmpecdon of'fhe premises. SONG THE SAME PREMISES W -KOH Meek A. Male and Susanna A. Mate, hie wife, by deed dated October 5, 1994 and recorded October 7,1064 In the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 113, Page 28, grentsd end conveyed unto Connie Ickes FWjna, single person, Grantor herein. N.TACanrrfa+t (P-13 MYF01P•1a{OO" edwW*C I Certify this to be recorded In Cumberland County PA Recorder of Deeds WA ; 825PG!4A- VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER !dill 1000466-0000360954-3 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 24th day of July 2003 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Decd to Secure Debt (herein "Security Instrument") dated of even date herewith, given by the undersigned (herein "Borrower") to secure Borrower's Note to Equity One. Incorporated (herein "Lender") and covering the Property described in the Security Instrument and located at 624 Allenview Dr.Mechanicsburg,PA 17055 IPromm Address] VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations, including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 17 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. 00360954 MULTISTATE VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER 4ft-538U (9705) 1195 Pape 1 of 3 My O&W Initials:_? !? l VMP MORTGAGE FORMS - (8001521.7291 on m' .11 . D,( , 8 2 5 FIG 4 sy- LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four per centum (4%) of the overdue payment when paid more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent payments, but such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds ate sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full amount within 60 days from the date that this loan would normally become eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U.S. Code "Veterans Benefits," the Mortgagee may declare the indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided. TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States Code. An authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION FUNDING FEE: A fee equal to one-half of 1 Percent (.50%) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waived if the assurner is exempt under the provisions of 38 U.S.C. 3729 (c). 00360954 4,V6 (&-638U (9705) Pape 2 of 3 Initials: 8i( i 825PG445 l (b) ASSUMPTION PROCESSING HARG : Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or its authorized agent for determining the creditworthiness of the assutner and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies. (c) ASSUMPTION IN ITY LUB?LITY: If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument. IN WITNESS WHEREOF, Borrower(s) had executed this VA Guaranteed Loan and Assumption Policy Rider. I -Borrower MATTHEW A. LOCY" (I Borrower V Borrower KELL A, Y •Bortower -Borrower -Borrower -Borrower -Borrower QQb0954 -638U 197051 1 Page 3 of 3 OX 18 25PG4452 PLANNED UNIT DEVELOPMENT RIDER MIN 1000466-0000360954-3 THIS PLANNED UNIT DEVELOPMENT RIDER is made this 24th day of July, 2003 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to Equity One. Incorporated (th "Lender") of the sane date and covering the Property described in the Security Instrument and located ate 624 Allenview Dr.Mechanicsburg,PA 17055 [Property Address] The Property includes, but is not limited to, 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 & Restrictions (the "Declaration"). The Property is i pan of a planned unit development known as Allenview [Name of Planned Unit Devetopmentl (the "PUD"). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower'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, all dues and assessments imposed pursuant to the Constituent Documents. 00360954 MULTISTATE PUD RIDER - Single Family - Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3150 1! 1 Page t o1 3 Initials: 1114-f L ?7R (0008) VMP MORTGAGE FORMS - (8001521-7291 --0" ¦111111 8KI825PG4453 B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "roaster" or "blanket" policy insuring the Property which is satisfactory to Lender and which 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) Borrower'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 ban. Borrower shall give Lender prompt notice of any lapse in required property Insurance coverage provided by the master or blanket policy. In 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 shall 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 liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any par of the city or the common area 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 secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall no, except 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 the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any arric. nwit to any provision of the "Constituent Documents' if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pa PUD dues and assessments when due, then Lender may pay them. Any 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 Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 00360454 ,/ / Inltiab: ?(?IGCi M -7A f0008i Pape 2 of 3 Form 3150 1/01 6'I(1825PG4454 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this PUD Rider. A. (??) MATTHEW A. LUCY 4020ewer KE A. LUCY - (Seal) (Seal) -Borrower `(Seal) -Borrower -(Seal) -Borrower -(Seat) -Borrower 00360954 Ck-711 10006) Page 3 of 3 Form 3150 1101 -(Seat) -Borrower (Seat) -Borrower 8K 1825PG4455 VERIFICATION Whitney K. Cook , Assistant Secretary, and duly authorized representative of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation deposes and says, subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint are true and correct to his/her knowledge, information and belief. CHASE HOME FINANCE LLC, s/b/m/t Chase Manhkttan Mortgage Corporation okJAssistant Secretary OF TH5 !T-'1'-1CE ?(NARY 2409 ,SUB -8 PH 1: 3 b ' ruNiY P{ NNSYL-JANA $ 78 . So P b X11'rq CO IC9 7yo e.T4 ou1,683 Received Incoming MAY 2 8 2009 Sheriff s Office of Cumberland County R Thomas Kline .~~~cn at' +~ltartL~; ~~ Sheriff ~'~ ~~ ~~. Ronny R Anderson Chief Deputy REF 4c~ ~F '~~ . ~~~:~~~ Edward L Schorpp Solicitor Jody S Smith Process Sergeant Chase Home Finance LLC s/b/m/t vs. Matthew A. Locy Number SHERIFF'S RETURN OF SERVICE 06/13!2009 01:17 PM -Brian Garrick, Corporal, who being duly sworn according to law, states that on J ne 13, 2009 at 1317 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upo the within named defendant, to wit: Matthew A. Locy, by making known unto himself personally, defe dant at 624 Allenview Drive Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/22/2009 04:45 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states hat on June 22, 2009 at 1645 hours, he served a true copy of the within Complaint in Mortgage Foreclo ure, upon the within named defendant, to wit: Kelly A. Locy, by making known unto Mark Speciale, adult charge at 32 Palmer Drive Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the ame time handing to him personally the said true and correct copy of the same. SHERIFF COST: $66.94 June 23, 2009 SO ANSWERS, ~ .~~~~ s R THOMAS KLINE, SH RIFF ~,. r Corporal uty S~hefi f Ca r_- J r r- ~~ C__ c R.:• ~~ ~7 `.~~ ~: :~ -~F _.i rig -• ? ;- _ - ~ i_.. ~ ~~~ i',^ ~~„a `~ .• ~ Courtney Kishel Powell, Esquire Attorney I.D. No. 81509 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Defendant, Kelly A. Locy- CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff v. MATTHEW A. LOGY and KELLY A. LOCY, Defendants INT CUr NO. COURT OF COMMON PLEAS ERLAND COUNTY, PENNSYLVANIA 09-3776 C L ACTION -COMPLAINT IN ORTGAGE FORECLOSURE TO AND NOW, comes the Defendant, Kelly .Locy, by and through her counsel, Courtney Kishel Powell, Esquire, and the law firm of James, Smith, Dietterick & Connelly, LLP, and files this Answer to Plaintiff s Complaint in Mortgage oreclosure as follows: 1. Admitted upon information and bel ef. 2. Admitted in part, denied in part. It s admitted that Matthew A. Locy resides at 624 Allenview Drive, Mechanicsburg, Pennsylvan a 17055. It is denied that Defendant, Kelly A. Locy resides at this address. Kelly A. Locy 17011. 3. Admitted. > at 32 Palmer Drive, Camp Hill, Pennsylvania 4. Admitted. 5. Defendant Kelly A. Locy lacks the facts set forth by Plaintiff in this paragraph. demanded at trial. 6. Admitted. Tent information and knowledge regarding such, this averment is denied and proof is 7. Plaintiff states a conclusion of law t~ which no response is required. To the extent a response is required, this averment is spec fically denied. Proof is demanded at trial. 8. Denied. It is specifically denied th Defendant Kelly A. Locy was mailed a combined Act 91 and Act 6 Notice pursuant to the omeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. ' 101, et seq. Defendant Kelly A. Locy lacks sufficient knowledge as whether Defen ant Matthew A. Locy received the same. Proof is demanded at trial. 9. Denied. Proof of all costs owed to intiffby Defendant Kelly A. Locy is demanded at trial. WHEREFORE, Defendant Kelly A. Locy deny Plaintiff s request for judgment in mortgage with interest, late charges, reasonable and actual foreclosure and sale of the mortgaged premises. requests this Honorable Court to for the amount of $113,462.38 s fees incurred, costs, and the 2 submitted, JAM S, SMITH, DIETTERICK & CO ELLY, LLP F: / y ' • /1 Dated: ~ ~1 ~~ By: l Co ey Kishel P w 11 Attorn y LD. #81 09 P.O. B x 650 Hersh y, PA 17033-0650 (717) 33-3280 Kelly > for Defendant, Locy 3 i ~ERIFIC I TION I, Kelly A. Locy, verify that the staterr correct. I understand that false statements hen Section 4904 relating to unsworn falsification Date: r~ ~ ~ ~' Q ~. r• CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff v. MATTHEW A. LOCY and KELLY A. LOCY, Defendants I, Courtney Kishel Powell, Esquire, of James Smith, Dietterick & Connelly, LLP attorney for the Defendant, Kelly A. Locy, hereby certify that) I have served a copy of the foregoing Answer to Plaintiff s Complaint in Mortgage Foreclosure on ~he following on the date and in the manner IN E COURT OF COMMON PLEAS CU BERLAND COUNTY, PENNSYLVANIA NO. 09-3776 CIV L ACTION -COMPLAINT IN ORTGAGE FORECLOSURE indicated below: Brian M. Kil Esquire Grenen & Bi sic, P.C. One Gateway C ter, 9~' Floor Pittsburgh, P 15222 JAMS, SMITH, DIETTERICK & C NNELLY, LLP Dated: ~ +~ V By: Co ey Kishel ~'{~well Atto ey LD. #8 9 P.O. ox 650 Hersh y, PA 17033-0650 (717) 33-3280 Fi'_E~... _:'_ r _~: r 2u~~ .~.'~ 17 Fri 2~ ~, ~ ,-~, . ~.lt~, -`., ..~v; Y C r