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HomeMy WebLinkAbout09-4157U McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 AARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. Shannon R Snyder 424 S Pitt Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number QG/- W5_1 nip, i ;Tl" CIVIL ACTIONIMORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demands y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Shannon R Snyder, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 424 S Pitt Street, Carlisle, Pennsylvania 17013. 3. On June 15, 2005, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investment & Loan which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1911, Page 385. 4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investment & Loan to Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 424 South Pitt Street, Carlisle, Pennsylvania 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due December 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $ 111,450.18 Interest through June 15, 2009 $ 4,723.40 (Plus $20.90 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 315.77 Corporate Advance $ 1,175.00 Escrow Advance $ 557.30 GRAND TOTAL $ 119,471.65 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $119,471.65, together with interest at the rate of $20.90 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ?b ' ata?e sG,? Prepared By: BARBARA LICON Return To: FREMONT INVESTMENT 3 LOAN P.O. BOX 34078 FULLERTON, CA 92834-34078 ?a- Parcel Number: 04-22-483-37 Premises. 424 SOUTH PITT ST 8000050464 CARLISLE, PA 17013 [Space Above This Line For Recording Data] MORTGAGE MIN 1001944-8000050464-5 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 June 15, 2005 together with all Riders to this document. (B) "Borrower" is SHANNON R. SNYDER Exhibit A Borrower is the mortgagor under this Security Instrument. (C) "MFRS" is Mortgage Electronic Registration Systems, Inc. NMS is a separate corporation that is acting solely as a nominee for bender and Lender's successors and assigns. MFRS is the mortgagee under this Security Instrument MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, Ld. (888) 679-ME1RS. %191 1 PG03$84 PENNSYLVANIA -Single Family - Fannie MaafFroddle, Man UNIFORM IN RUMENTWITHMERS -8A(PA) (0602) Form 3039 1 1 Pape 1 of 16 i") I w???r????? ? ¦.? VUP MonQap•8alutions, Inc. (ao0 i80Q)52 201 L*L Q, 1C?S JUN 16 P11 2 28 04/06/2009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 1 of 20 (D) "Lender" is FREMONT INVESTMENT A LOAN Lender is a CORPORATION organized and existing under the laws of CALIFORNIA Lender's address is 2727 EAST IMPERIAL HIGHWAY, BREA CA 92821 (E) "Note" means the promissory note signed by Borrower and dated June 15, 2005 T h e Note states that B o r r o w e r o w e s L e n d e r One Hundred Eleven Thousand r S I X Hundred and No/100 ---------------------------------- Dollars (U.S. $ 111,600.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 1, 203$ (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property.01 (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 InstrumeriL plus interest. (f) "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 0 Condominium Rider 0 Second Home Rider R Balloon Rider R Planned Unit Development Rider 1711-4 Family Rider VA Rider Biweekly Payment Rider ®;OEthx ( "? - (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (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. (K) "Electronic Farads 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 des nW 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) "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 (ii) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. Inhla V -6A(PA) tosol P¦p• z 01 i s 8K1911PG0386 Form 3039 1/01 04/06/2009 8:31:13 AM CUMBERLAND COUNTY Instl 200521316 - Page 2 of 20 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implcmentin? regulation. Regulation X (24 C F.R. Part 3500), as they [night be amended from time m time, or any additional or strcceasor legislation or regulation that governs the same subject mattes. As used in this Secunty Instrument, "RESPA" refers to all regnimrnents and restrictions that are imposed in regard w a "federallyy related mortgage loan" even if the IAan does not qualify as a "federally related mortgage loan" under RESPA 0410612009 6:31:13 AM (Q) "Successor in Interest of Borrower" means any patty that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County (Type of Recording Jur{rdiction) of CUMBERLAND [Name ofRiowrdinglwiadimion): see exhibit "a" attached hereto and made a part thereof, which currently has the address of 424 SOUTH PITT ST CARLISLE ("Property Address"): [Street] [City], Pennsylvania 17013 ['Lip Code] TOGETHER WITH all the im ovements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or t! ereafter a part of the pro?eaty. All replacements and additions shall also be cefvesed by this Security Instrnmerrt All of the faan?egg is referred to in this Security Instrument as the "Property." Borrower understands and agrees first NSERSIds onty legal title to the interests granted by Borrower m this Sceurity Instrtnnent, but. if necessary tp [amply wide law or custom, MERS (as nominee for Leader and Lender's successors and assigns) has the t to exercise any or all of those interests, including, but not limited to, the r ght to foreclose and sell the 1'ioperty; and to take any action required of Lender including, but not limited to, releasut9 and canceling this Secunty Instrument. Ct-6A(PA) (05021 Page 3 of IS ?81/ 19 ! 1 PG0387 CUMBERLAND COUNTY Inhlela: Form 3438 1/01 inst.# 200521316 - Page 3 of 20 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, FAcrow 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 Leader as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by 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 can be paid in -6AtPA) (0602) ?nnraicj? P,tq*4 of 18 l UK1911PG0388 Form 9039 1/01 04/0612009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 4 of 20 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 for Escrow Item. Borrower shall pay to Lender on the day Periodic Payments are due under the Note. until the Note is paid in full, a sum (the "Funds) to provide for payment of amounts 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) premiwns for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Flees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shalt 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 Leader and, if Leader requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to 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 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 Under to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds 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 under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to 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 Fund ?rTf fn? M Agree in writing, however, that interest shall be paid on the Ck-GA(PA) psw) Pap•5 01 18 Initial*: G l_ _' __ Form 3039 1/01 0410612009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 -Page 5 of 20 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 sbortage 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 Leader the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds hold by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and imposition attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shalt promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) Woes in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lieu 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 strain 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 Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that 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. Initiak k -BA(PA) (05a2) Papa B of 18 BK 19 l 1 PG0390 Form 3039 1101 04106/2009 8:31.13 AM CUMBERLAND COUNTY Inst.# 200521315 - Page 6 of 20 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. There&ue, such coverage shall cover bender, 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 night 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 polices required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as 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 masse 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. Fes for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender 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 setae 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 Leader (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. 00, Inlta IL -BA(PA) easozl Page i of is LM-191 f PG0391 Form 3039 1101 0410612009 8:31:13 AM CUMBERLAND COUNTY lnst.# 200521316 - Page 7 of 20 6. Occupancy. Borrower shall occupy. establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whetter or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Properly only if Lender has released proceeds for such purposes. Leander 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. 8. 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 to, 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 Lender'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 sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. tnl,lair et-GA(PA) A(PA) (oias) Paps a of is 4-8- UK 191 1 PU' 03 9 2, Form 3039 1101 04/0612009 8.31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 8 of 20 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. new 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 Us Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender 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 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 Larder requires separately designated payments toward the premiums for Mortgage Insurance. If Lander 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 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 tetras 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 reinsures, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often tamed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. 04106/2009 8:31:13 AM at-6AMA? (oso2) Papa 9 of 16 8K1911PG0393 ............. CUMBERLAND COUNTY Inhiab: `"r_ Form 5079 1101 lost.# 200521316 - Page 9 of 20 (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 Mortgage Insurance, to have the Mortgage Insumuce terminated automatically, and/or to receive a refrtad of 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 shalt be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be underrakm 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 Proceads, 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 givers, Lender is authorized to collect and apply the bus 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 Lenders 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 dismissed with a ruling that. in Lender's judgment, precludes forfeiture of the Property or other material impairment of Inlllals ?, dft-QA(PA) (0502) Papa 10 of 16 Form 3039 1101 BK1911PG33940 0410612009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 10 W20 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim far damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the 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 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 assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrowers 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 sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, 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 yment charge (whether or not a prepayment charge is provided for under t l1TXV a of any such refimd made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. dft-GA(PA) to$02y Page 11 of is L Form 3039 1101 0410612009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521318 - Page 11 of 20 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when maW 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 Fender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class trail 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 Leader 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 Instrumeu. 16. Governing Law; Severability; Rules or 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 regnlremetts 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 feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 16. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest In the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for de4 installment sates contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays 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 agreements; (c) pays all InK1 ft-6A(PA) (o5w) Page 1201 1$ Form 3039 1101 ,.BK 191 1 PG0396 04/0612009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 12 of 20 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 Leader'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 suns secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement suns and expenses in one or more of the following forms, as selected by Lender: (a) rash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; 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 ServicW) 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 Low Setvicer or be transferred to a succes9or 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. 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, 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, contnlnute to, or otherwise trigger an Environmental Cleanup. mow¦?tt?` C-6A(PA) (0602) rao. io 0116 ?T Foam 3039 1101 .?lti9l1 PG0397 04/0612009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 13 of 20 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to role= any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else oo do, anything atfecting the {a) that is in violation of any Environmental Law, (b} which creates an Environmental Condition, or c) which, due to the presence, use, or release of a Hazardous Substance, creases a oondidwn that adversely affects the vahte of the Property. The preceding two sattences shall not apply to the presence, use, or storage on the Property of small' quantities of Hazardous Substances that are generally ret?pttized m be apprupirate to nat?aal residential uses and to maintenance of the Property (including, buE not hmrtecl to, har?dous subsmnces in cansurner products). Borrows shaII promptly give Lender written notice of (a} any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party mvolvmi the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regn]atory authority, or any private =or hat any removal or other remcdiation of any Hazardous Substance affecting the Property is necessary, shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENAN'T'S. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement is 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 L acceleration of the sums secured by this Security Instrument, foceclos>are by judicial proceeding and sale of the Property. Leader shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, 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 jnduaal proceeding Lender 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 ppasyment 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 pa any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument but only if the fee is paid to a third patty for services rendered and the charging of-the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releascs 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 ansale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a shaiff s We or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is tent 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 shalt be the rate payable from time to time under the Note. Inflfalt. at-6A(PA) (002) Page 14 of 16 Farm 3039 1101 8K1.911PGO398 04/0612009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 14 of 20 BY SIGNING BELOW, Borrower =xpts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: a (Seal) S 30NON A . SNY -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower Ct-6A(PA) (o5w) Page 15 of 16 $1{ 191 1 PG0399 _ (Sea() -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower Form 3039 1101 04/0612009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 15 of 20 COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this, the 15th day of June, 2005 before me, the undersigned officer, personally appeared Shannon R. Snyder known w me (or satisfactorily proven) to be the person(s) whose name(s) is/are, subscribed to the within instrument and acknowledged that he/sheJthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission Expires: ritlc of Officer %AMM UOM, CUmbwWM County, PA RW Ctxarnissiort Expires Dec. 13, 2006 t CertificateofResideNclyn M. Smith, Esq. I, , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 7026, Flint, MI 48501-2026. Witness my hand this 1 5th day of June 2005 a n mi , sq. Agcnt of Mangagee Inltlela:\\1? ?•6A(PA) ta5oz? Page 1e of 1e ?'- Form 3039 7101 8K1911PGO400 0410612009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 16 of 20 Exhibit A, ALL THAT CERTAIN tract of land situate on the western side of South Pitt Street in the Third Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows. BEGINNING at a point on South Pitt Street, at the corner of land now or formerly of W. J. and Bernice H. Diehl, which point is a distance of 45 feet 6 inches in a northerly direction from the northwest corner of South Pitt Street and Willow Street; thence westwardly by the tine of said Diehl premises along the center line of the partition wall between the house hereby conveyed and that adjoining on the South and continuing in the same direction beyond for a total distance of 142 feet, more or less, to the line of land now or formerly of Lester Adams; thence eastwardly along said last named property 142 feet, more or less, to the line of South Pitt Street; thence by sid street, southwardly a distance of 21 feet 6 inches, the Place of BEGINNING. HAVING thereon erected the northern half of a double frame dwelling house known as and numbered 424 South Pitt Street. 8K 191 1 P6040 04/0612009 8:31:13 AM CUMBERLAND COUNTY Instl 200521316 - Page 17 of 20 ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this 15th day of June , 2005 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trost or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to FREMONT INVESTMENT 8 LOAN (the "Lender') of the same date and covering the Property described in the Security Instrument and located at: 424 SOUTH PITT STREET CARLISLE, PA 17013 ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. Sections 3 and 4 of the Note state as follows: 3. PAYMENTS (A) Time and Place of Payments I will make a payment on the first day of every month, beginning on August 1, 2005 . Before the First Principal and Interest Payment Due Date, as described in Section 4 of this Note, my payment will equal one-twelfth of one year's interest that would be due on an amount equal to the unpaid principal balance of the Note. Thereafter, I will pay principal and interest by making a payment every month as provided below. I will make monthly payments of principal and interest beginning on the First Principal and Interest Payment Due Date as described in Section 4 of this Now. I will make these payments every month until I have paid all of the principal, interest and any other charges that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and interest, it will be applied to interest before principal. If, on July 1, 2055 , I still owe amounts under this Note, 1 will pay those amounts in fill on that date, which is called the "Maturity Date." I will make my monthly payments at 2727 EAST IMPERIAL HIGHWAY, BREA CA 92821 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments My initial monthly payment will be in the amount of U.S. $ 627.75 . However, if I matte a partial principal prepayment prior to the first Change Date, my monthly payment will decrease for the remainder of the term that my scheduled payments consist only of interest. (C) Monthly Payment Changes Beginning with the First Principal and Interest Due Date, my monthly payment will change, as described in Section 4 of this Note. The Note Holder will notify me prior to the date of changes in my monthly payment. 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first Page 1 of 3 7 f p6j Q 4 O 4 10ARMPI jzn 06/06103 04/06!2009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 18 of 20 day of July 1, 2007 , and the adjustable interest rate I will pay may change on that date every sixth month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the average of Interbank offered rates for six-month U.S. dollar-denominated deposits in the London market based on quotations of major banks based on the London Interbank Offerer Rate ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index and adjust the Margin, as defined below. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my now interest rate by adding Six and One Hundredth percentage points (6.0100 %) (the "Margin") to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4 (D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.750 % or less than 6.7500 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than One and One-Halt percentage point(s) (1.5000 %) from the rate of interest I have been paying for the preceding month. My interest rate will never be greater than 12.7500 % or less than 6.7500 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after each Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the telephone number of a person who will answer any question I may have regarding the notice. (G) Date of First Principal and Interest Payment The date of my first payment consisting of both principal and interest on this Note (the "First Principal and Interest Payment Due Date") shall be the first monthly payment date after the first Change Date. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows: all 191 1 P60403 Page 2 of 3 IOARMP2 jxn 06/10/03 04/06/2009 8:31:13 AM CUMBERLAND COUNTY Irnst.# 200521316 - Page 19 of 20 Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not an natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. Csr-1 S=vS? war SHANNON H . Date Borrower Date Borrower . Data Borrower "fart if this to be recorded Ilz Curnb-:,, Iand C oul.'v PA _ e I0AIU4P3 TG 0312004 i 9 1 I P9 0 ?? 4.0 f 3 8K191 04/0612009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 20 of 20 D OF THE 2009 JUN 18 PM 12: 5 8 Iv 41ry? #? Cl? ? Gay ? Sheriffs Office of Cumberland County „1i of'a±?bcr?rr? R Thomas Kline Sheriff Ronny R Anderson Chief Deputy OWCE' S"ERIFF Edward L Schorpp Solicitor Jody S Smith Civil Process Sergeant Wells Fargo Bank, NA vs. Shannon R. Snyder Number 9-4157 SHERIFF'S RETURN OF SERVICE 06/19/2009 09:00 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that n June 19, 2009 at 2100 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Shannon R. Snyder by making known unto Shannon R. Sn der, at 424 South Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013 its contents and at th same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 June 23, 2009 SO ANSWERS, R THOMAS KLIN?EE,, SHERIFF puty 5nerirr Wells Fargo Bank, National Association As Trustee for Securitized Asset Backed Receivables, LLC 2005-FRS Mortgage Pass -Through Certificates, Series 2005-FRS 1800 Tapo Canyon Road Mail Stop # SV-103 Simi Valley, California 93063 V. Shannon R. Snyder 424 S. Pitt Street Cumberland County Court of Common Pleas Number 09-4157 Civil Term Carlisle, Pennsylvania 17013 CIYI_ L ACTIOWMORT- GAGE FORECLOSURE OBJEcnoN ?-? e K 1. Agreed 2. Agreed 3. Agreed 4. Agreed 5. Agreed 6. Disagree. The Defendant was instructed by a CWBC representative to halt payments on the mortgage in order to obtain a modification in January 2009. Prior to this instruction, the Defendant was 1 month behind in mortgage payments. The Defendant has been working with a CWBC/Bank of America loan negotiator to obtain a modification on the loan since January 2009 when the Defendant's income was reduced due to spouse's layoff. in March 2009, the Defendant was notified that the modification was closed due to a lack of compliance with the process, although the Defendant had faxed the requested financial information to CWBC/Bank of America six (6) times in the month of February 2009. The Defendant hired a mortgage modification company to negotiate with CWBC/Bank of America in March 2009. On May 1, 2009, the Defendant was notified by the mortgage modification company that a "good faith payment" had been negotiated as a part of the modification currently being pursed. The Defendant attempted to make the "good faith payment" as instructed by CWBC/Bank of America and the payment was rejected by a CWBC/Bank of America representative. The Defendant continued to be in modification with CWBC/Bank of America with various modification options discussed. At the time of the Act 91/Act 6 notice, on May 27, 2009, the Defendant contacted CWBC/Bank of America and was informed that the modification was closed. A CWBC/Bank of America representative at that time offered the Defendant two modification options. The Defendant instructed the mortgage modification company to look into the terms of the modifications offered. The Defendant was informed on May 28, 2009, that CWBC/Bank of America had not spoken to the Defendant or offered two potential modifications. On June 9, 2009, the mortgage modification company offered, with the Defendant's consent, CWBC/Bank of America the full past due amount. The payment was not accepted due to the loan being in foreclosure. On Friday, June 19, 2009, the Defendant was served with the Civil Action/Mortgage Foreclosure paperwork. On Monday, June 22, 2009, the Defendant was advised by a CWBC/Bank of America representative to send in the last two pay stubs and last two bank statements for the modification currently being pursued. The Defendant faxed the information requested on June 23, 2009. The Defendant was informed on June 23, 2009, by a CWBC/Bank of America representative that the modification was closed. With further investigation, it was determined that the negotiator had looked at financial information from several months ago. The Defendant was advised that CWBC/Bank of America would not be able to review the modification with the correct information for at least a period of 3 weeks. 7. Disagree. The loan was in modification at the time of the filing of Civil Action/Mortgage Foreclosure and had been in modification since January 2009. The Defendant had attempted to make full payment of past due amounts to CWBC/Bank of America immediately following the Act 91/Act 6 Notice. CWBC/Bank of America refused the payment. The Defendant disagrees with the Attorney Fee and Corporate Advance charges indicated as the matter could have been satisfactorily resolved when full payment of past due amounts was offered. 8. Agreed. Shannon R. Snyder µ- i O l The Defendant certifies that the foregoing facts are true and correct to the best of her knowledge, information, and belief. Cn W 71&10 Shannon R. Snyder CF THE FR" 2009 ,lU -6 All 6: 02 ,u,.w E , V" ra McCABE, WEISBERG & CONWAY, P.C. BY: Marc S. Weisberg, ESQUIRE Attorney for Plaintiff Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 V. Shannon R Snyder =i t Ci-H ICE THE PIRCTHONOTARY 2012 FEB 23 AM 11: 27 ;'UMSERLAND COUNTY PENNSYLVANIA Cumberland County Court of Common Pleas Number 09-4157 Civil Term PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5, by and through its attorney, Marc S. Weisberg, Esquire, now moves this Honorable Court for summary judgment against defendant and alleges as follows: 1. Plaintiff, Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5, is a corporation duly organized under the laws of the United States ol'America with offices at 1800 Tapo Canyon Road, Mail Stop #SV-103, Simi Valley, California 93063. 2. Defendant is the owner of real property known as and located at 424 South Pitt Street, Carlisle, Pennsylvania 17103 (hereinafter referred to as "the Property"). Plaintiff holds a mortgage on the Property. 3. On or about June 15, 2005, defendant made, executed, and delivered a mortgage to plaintiff, or plaintiffs predecessor in interest, on the Property, which mortgage is recorded in the Office of the Recorder of Cumberland County at Book Number 1911, Page Number 385 (the Mortgage). A copy of the Mortgage is attached hereto, made a part hereof and marked as Exhibit "A". 4. The Mortgage was subsequently assigned to plaintiff herein by an Assignment of Mortgage. (See Exhibit "F") 5. The Property consists of all that certain real property and improvements in the County of Cumberland and Commonwealth of Pennsylvania, being more fully described in the mortgage attached hereto as Exhibit "A". 6. On or about June 18, 2009, plaintiff filed a mortgage foreclosure action against defendant. A copy of the Complaint is attached hereto, made a part hereof and marked as Exhibit "B". 7. Defendant filed an Answer to the Complaint, to which Plaintiff responded. A true and correct copy of the Answer to the Complaint is attached hereto as Exhibit "C". 8. Plaintiff served Request for Admissions on pro se Defendant on or about May 13, 2010. A true and correct copy of the Request for Admissions is attached hereto as Exhibit "D". Defendants admit, by their failure to answer the Request for Admissions, the defaulted loan, and having been sent legal Act 6 and/or 91 letters. In fact, defendant admits all pertinent allegations of plaintiff's Complaint with regard to default, arrearage, and notice. 9. Defendant's Answer to Plaintiffs Complaint and their failure to adequately reply to the Request for Admissions admit that she is the record owner of the Property, that plaintiff has a mortgage on the Property, that the Mortgage is in default, and that an Act 6 Notice of Intent to Foreclose was sent as was an Act 91 Notice. (See Exhibits "C" "D" and "E".) 10. Accordingly, it is admitted that there is a balance due on the mortgage in the amount of $146,353.99 that the per diem interest is $20.5543, that on or about May 5, 2009, plaintiff sent Act 6 and/or 91 letters to the defendant, and that those letters, in fact, complied with all statutory requirements. (See Exhibit "E") 11. The Complaint, and Affidavit of Acee Fuller Jr., plaintiffs Assistant Vice President, attached hereto and incorporated into this Motion as Exhibit "F", sets forth the exact amount that defendant owes plaintiff, and defendant has not come forth with any supportable information to rebut this allegation. 12. The Note evidencing the interest charged to the defendant is part of Exhibit "F", and is likewise unrebutted with any supportable information, is the Assignment of Mortgage to plaintiff herein. 13. The attorney's fees and costs as requested by plaintiff in the Complaint are reasonable and are in conformity with Pennsylvania Law and will be collected in the event that sufficient funds are available from a third party purchaser at Sheriffs Sale. 14. All procedural local, state, and federal rules, regulations, and laws with respect to mortgage foreclosure have been complied with by plaintiff. 15. There are no genuine issues of material fact remaining, and plaintiff is entitled to summary judgment on its mortgage foreclosure action against defendant as a matter of law. WHEREFORE, plaintiff requests this Honorable Court grant summary judgment in mortgage foreclosure in favor of plaintiff and against defendant and enter judgment against defendant in the amount of $146,353.99, together with interest at a rate of $20.5543 per diem, plus costs, from December 2, 2011 to the entry of judgment, plus costs and interest from the date of judgment provided by law. Respectfully submitted, McCABE, WEISBERG & CONWAY, P. C. l/n VV - J / BY: arc S. Weis er , Esquire Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. BY: Marc S. Weisberg, ESQUIRE Attorney for Plaintiff Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 Cumberland County Court of Common Pleas Number 09-4157 Civil Term V. Shannon R Snyder MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid unnecessary trials when there does not exist a genuine issue of material fact. Specifically, Rule 1035.2(1) of the Pennsylvania Rules of Civil Procedure provides, in pertinent part, that: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no issue of any material facts to a necessary element of the cause of action or defense which could be established by additional discovery or expert, or (2) if, after the completion of discovery relevant to the motion, including the production of expert reports, an adverse party who will bear the burden of proof at trial has failed to produce evidence of facts essential to the cause of action or defense which in a jury trial would require the issues to be submitted to the jury. Pa.R.C.P. 1035.2(1). See also, Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 170,452 A.2d 269 (1983). The burden of demonstrating that there is no genuine issue of material fact rests on the moving party. Hower v. Whitmak Assoc., 371 Pa. Super. 443, 538 A.2d 524 (1988); Carollo v. 48 Insulation, Inc., 252 Pa. Super 422, 381 A.2d 990 (1977). Once such a showing is made, summary judgment is appropriate where the adverse party is unable to produce probative evidence to the contrary. To this end, the adverse party may not claim that the averments of their pleadings, alone, are sufficient to raise a genuine issue of fact so as to defeat the motion. The adverse party must set forth specific facts showing there is a genuine issue of fact for trial. See Phaff v. Gerner, 541 Pa. 146,303 A.2d 826 (1973); Pape v. Smith, 277 Pa. 80,323 A.2d 856 (1974); Amabile v. Auto Kleen Car Wash, 249 Pa. 240, 376 A.2d 247 (1977). Rule 1035.3 specifically provides, in pertinent part: (a) the adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion identifying (1) one or more issues of fact arising from evidence in the record controverting the evidence cited in support of the motion.... Pa.R.C.P. 1035.3 In the case at bar, the pleadings, exhibits, and Affidavit of plaintiff s Assistant Vice President, along with the unanswered Request for Admissions, establish conclusively that there are no genuine issues of material fact, and, thus, this case is ripe for summary judgment. Further, defendant's pleadings indicate that plaintiff is entitled to judgment as a matter of law. In her Answer and in failing to reply to the Request for Admissions, defendant admits directly or by indefinite denial, that: (1) she is the owner of the property located at 424 S Pitt Street Carlisle, Pennsylvania 17013; (2) there is a mortgage on the property; (3) the mortgage is in default and; (4) Act 6 and/or 91 Notices were sent to defendant as required by applicable law. Defendant's Answer to Plaintiff s Complaint in Mortgage Foreclosure consists of admissions as well as indefinite denials or evasions which are not substantiated with corroborating evidence. Pennsylvania Rules of Civil Procedure, Rule 1029(b) states that, "[a]verments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication." Pa.R.C.P. 1029(b). Thus, unless the defendant wishes an allegation to be regarded as admitted, the defendant must specifically deny each allegation of fact contained in a Complaint to which a responsive pleading is required. General denials or demands for proof have the effect of admissions. Any form of general denial or general demand for proof is an admission. See First Wisconsin Trust Co. v. Strausser, et. al., 653 A.2d 688 (Pa. Super. 1995) ("[T]his Court has held, however, that in mortgage foreclosure actions, general denials by mortgagors that they are without sufficient information to form a belief as to the truth of the averments as to the principal and interest owning must be considered an admission of fact") (citing, New York Guardian Mortgage Corp. v. Dietzel, 362 Pa. Super. 426, 429, 524 A.2d 951, 952 (1987)). See also 5 Standard Pennsylvania Practice 2d §26:41. It would appear then that "bare allegations of lack of knowledge" are also admissions. See Id. at §26:41. The Complaint, Answer, Affidavit of plaintiff s Assistant: Vice President with attached Note evidencing the interest charged, and Request for Admissions clearly set forth the amount due and owing on the mortgage. The pleadings and relevant material are absent of any supported, documented dispute as to this figure. Additionally, the request for attorney's fees is reasonable under the circumstances and permitted by law as provided in the mortgage. See Fedland Bank of Baltimore v. Philip J. Fetner, 410 A.2d 344 Pa. Super (1979). This disposes of any legal issue raised by defendant. Finally, the Complaint, Request for Admissions and Affidavit of plaintiffs Assistant Vice President clearly set forth that proper notices required by Act 6 of 1974 (41 P.S. §403) and/or the Emergency Mortgage Assistance Act of 1983 were forwarded to defendant. (See Exhibits "B", "D" and "F") Indeed, defendant could not refute with any supportive documentation any of plaintiff's allegations and admit in the various pleadings and discovery that: (1) she owns the property; (2) there is a mortgage on the property; (3) the mortgage is in default; (4) she has not paid the mortgage; and (5) she was sent all statutorily required notices. Summary judgment based upon contractual liability is appropriate when the documents are undisputed and there is no question as to the contracting parties' intent. See, e.g., Paul Revere Protective Life Ins. Co. v. Weis, 535 F.Supp. 379 (E.D. Pa. 1981); Kane Gas Light & Heating Co. v. Pennzoil Co., 587 F.Supp. 910 (W.D. Pa. 1984). Here, plaintiff initiated this action in mortgage foreclosure against defendants based upon defendants' mortgage obligation. As set forth herein, defendants do not dispute the existence of the mortgage documents and that they are a party to the mortgage. Furthermore, the pleadings, exhibits, and supporting affidavit of Plaintiffs Assistant Vice President clearly indicate that payments have not been made since December 1, 2008. Plaintiff's attached Exhibits and Affidavit in support of this motion establish conclusively that defendant executed a mortgage and note to which plaintiff is the originator or the successor in interest; defendant defaulted on payments in the amount of indebtedness, and there are no genuine issues of material fact. Moreover, defendant has presented no evidence through affidavits or substantiating documentation to the contrary. As stated above, defendant may not rest her argument on the pleadings. Therefore, plaintiff is entitled to summary judgment as a matter of law. Defendant, likewise, may not merely deny the amount owed or state that defendant is without information sufficient to form a belief as to the truth of plaintiffs averment as to principal and interest due. Such a general denial is to be considered an admission of those facts. New York Guardian Mortgage Corp. v. Dietzel, 524 A.2d 951, 362 Pa.Super. 426, 429 (1987); See also PA.R.C.P. Rule 1029(b,c) and First Wisconsin Trust Company v. Strausser, 653 A.2d 688, 439 Pa.Super. 192 (1995). Lack of admission as to amount of indebtedness in the pleadings of a defendant will not prevent the entry of summary judgment. Landau v. Western Pennsylvania National Bank, 282 A.2d 335, 445 Pa. 217, 225-6 (1971). Defendant raises no genuine issue of material fact when denying amounts owed by defendant to plaintiff. Case law on this issue is exceedingly clear, holding that "[a]n action in mortgage foreclosure is strictly an in rem proceeding, and the purpose of a judgment in mortgage foreclosure is solely to effect a judicial sale of the mortgaged property." New York Guardian Mortgage Corporation v. Dietzel, 362 Pa.Super. 426, 431, 524 A.2d 951, 953 (Pa.Super 1986). More importantly, the Court held that "[a] judgment in a mortgage foreclosure action is not a judgment for money damages ...." Ibid. Consequently, any contentions made by the defendants regarding the amounts owed by defendant to plaintiff, are not an issue of material fact in this strictly in rem proceeding. For all of the reasons set forth herein, and in the accompanying Motion for Summary Judgment. plaintiff requests this Honorable Court enter summary judgment in its favor and against defendant. Respectfully submitted, McCABE, WEISBERG & CONWAY, P.C. BY: 'Z°1?,?, tr. arc S. Weisberg, Esquire Attorney for Plaintiff Exhibit "A" i i I Prepared Bp: BARBARA LICON Remrn To: FREMONT INVESTMENT i LOAN P.O. BOX 34078 FULLERTON. CA 52834-34078 '-?2 -?-_5+ PaccelNumber: 04-22-483-37 Premises: 424 SOUTH PITT ST 8000050464 CARLISLE, PA 17013 )Space kd"o This Liao For RecordWg Data) MORTGAGE MIN 1001944-8000050464-5 DEFINMONS Wards used in multiple sections of this doctunemt are defined below and other wards arc defined in Sections 3. 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document acs also provided in Section 16. (A) "Security Instrument" means this docun=t, which is dated June 16, 2005 together with all Riders to this docmrML (B) "Bonvwer" )s SHANNON R. S9YD9R Exhibit A Borrower is the rntmgagor under"Scmity Instrument, (C) "MMS" is MLarWM0 Moctronic Registmtion Systems. Inc. MGRS is a separate corporation that is acting solely as a nominee for Lemler and Lender's successors and assigns. MMS is the mortgagee under this Security IastramenL MGRS is organized and exisiciug under the laws of Delaware, and has an address and tclepho nc number of P.O. Box 2026. Flint MI 48501-2026, U1, (888) 679-MFRS. 1911PG03B; PENNSYLVANIA -Single Family - Fsnnl• Ms r"dI* Mac UNIFORM IN8 RUMENT WITH M ERS at-GA(PA) (05os) Form 30391 1 Page Dolutiom, Inp 00)6 Y01 ?? ? ? ?? ar..,:RTp. ?l? ? t r t",i;.';ULti 2095 JUN 16 pn Z ?8 04/06/2009 8:31:13 AM CUMBERLAND COUNTY InSL# 200521316 - Pago 1 of 20 (D) "Lender" is FREMONT INVESTMENT A LOAN Lender is a CORPORATION organized and ottisting under rho laws of CALIFORNIA Lender's address is 2727 EAST IMPERIAL HIG11VAY, OREA CA 02821 (E) "Note" means the promissory note sighed by Borrowtx and dated June 15, 2005 The Note states thatBoaowerowcal.coder One Hundred Eleven Thousand, Six Hundred and No/100 ---------------------------------- Dollars (U.S. $ 111,600-00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not lacer than July 1, 2035 (F) "Property" mum the property that is de=lxd 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 We charges due under the Note, and all stuns due under this Seanity Instrument, plus interest. (I1) "Riders" means all Rides to this Security Ipso uaw that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider SRider Balloon Rider Planned Unit Development Rider 1VA Rider Biweekly Payment Rider #EttVNciy„ (I) "Applicable Law" meatus all controlling applicable federal, state and local statutes, regulations, ordntances and administrative ruies and metiers (that have the effect of law) as well as all applicable final, noulaPpealableju (J) "Community Asso? Dun, Sees, and Assessments" means all dues. fees. asscsmmts and other charges that are imposed on Borrower or due Property by a condominium association, homeowners association or similar organim". (K) "Eketronic Funds 1-rawer" meatus any transfer of funds, other than a transaction originated by chock, draft. or simt7sr gaper instrument, which is initiated through an electronic terminal. telephonic insttlttrmtamt, 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 riot limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wino transfers, and automated clearinghouse transfers. (L) "Esscraw Items" means those items that at described in Section 3. (M) "Miiiscenaneous Proceeds" means any compensation. settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages dcsccsbed in Section 5) for. (i) damage to, or destruction of, the property; CH) condemnation or other taking of all or any part of time Property; (iii) conveyance in lieu of condemnation; or (tv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Imsuraaee" means insurance protecting Lender against the nonpayment of, or default on, the Loon. (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 Itmstrument. 4%-6A(PA) p6w) Inkla /\ v¦06 2 of +s ? Form 3039 1101 8K1911PGt0385. 0410612009 8:31:13 AM CUMBERLAND COUNTY Inst.11 200521 31 6 - Page 2 01 20 (P) "RESPA" means the Real E4tate Spildement Procedures Act (12 U.S.C. Section 2601 u seq.) and its impleaKatia? rag elation, Reguistion X (24 C.P.R. Part 3500), as they mi& be amended from time to time, or arty, addibaael or seocesaor legislation or rephdian that governs the same subject min . As used in this S Itutruaxnt, " RFSPA" refers to all reggirerrxs its and restrictions that arc unposed in regard to a "fo? related mortgxgo loan" even it the Loan does not qualify as a "federally related mortgage loan" (t) "Successor is Interest of Borrower" means any party that has taken title to the Property, whether or not that t?tr has assumed Borrower's obligations under the Hole and/or this Security Ir stroment TRANSM OF RIGMS IN THE PROP'FRW This Security Iftwun iK st to Lender: (i) the repayment of the Loan, and all renewals, extensions and modir= ions of the NOW; and (ii) the perfom?ance of Boaowrr's covenants and agrements under this Security Inanw meat and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MW, the following desciftiod pmpaty located in the County tTypc of Rccmdin6 Jwirdiedanl of CUM119RLARD [Name of Rueocding hmitdictim]: see exhibit "a" attached hereto and made a part thereof. which cuneady has the address of 424 SOUTH PITT ST IS-11 CARLISLE icityl,Pennsylvania 17013 lzipC-del ("Property Address"): MOETHER WITH all the improvements now or bereafter trotted out the pLu acrdand all gents, ?n? and fncorres now ore hereafter a pmt of due property. All replacements additions shall also be cvvexed by this 5cexuity Itrsmuarertt All of the f rs referred b in this Security Instrument as the "Pinpcrty." $t3ttower nntlersttrnds sod agriea that extly Jcgal title to the interests grmrtod by Botmwtr ro this Stxuriry Iastrwnenk but. if nary m vomply with law or maten. MFRS (as nominee far Ltmder and Ltatder'a suocxsttars and rots>tigna) has iha C m rotate ise any or all of those interests, including, but not limited to, the right to ftxecloee and se11 due Property; and tp take any tsxiort roquirad of Lender including. but not limited to, rekasimg and t?rneeling this Secnrrty Inshnam?ertt. Initials: ? 4R-SA(PA) (Ot021 Papa 4 of to Form 3D38 1/01 A 191 1 P60387 04106/2009 6:31:13 AM CUMBERLAND COUNTY tnst.# 200521316 • Page 3 of 20 iORROWEP COVENANTS OW Borrower is lawfully seised of the estate hereby conveyed and has rho r*bt to mortgage, giant and convey the Property and that the Property is unencumbered, except far encur*brancos of ne owd. Borrower warrants and will defend generally the title to the Property against all claims and demands, subjoct to any wicumbrancos of record. THIS SECURITY INSTRUMENT combiners uniform covenants for stational use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform meurity instrument covering rest Ply. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interesp Racrow Itaow, Prepayment Charges, and Late Charges. Bemower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and labs charges dua under the Note. Borrower shall also pay funds for Escrow Items pursuant to Soctkm 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, H any check or other instrument received by Leader as payment under the Note or this Security Instrument is rammed to Louder unpaid. Lender may require drat any or all subsequent payments due under the Note and this Security Instrument be made in otter or more of the following forms, as selected by lender. (a) cash: (b) money ardor. (c) cutifted check, batik check. treasurer's cheek or cashier's check, provided any such check is drawn upon an instaudon whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Ele ctrutic Funds Transfer. Payments are deemed recdved by Lander when received at the location designated in the Nate or at such other location as may be dasignated by Lender in amxKdanos with the notice provisions in Soction 15. Lender way return any payment or partial payment if the payment or partial payments are insuf x ient to bring the Loan cunvnt. Leander may accept any payment or partial payment insuiticieut to bring the Loan current, without waiver of any rights ha unde r or prejudice to its rights to refuse such payment or partial payments in tho future, but Lends is not obligated to apply such psyrnetts at the time such payments arc accepted. If each Periodic Payment is applied as of its scbc&led dote date:, then Lender need not pay interest on unapplied funds. Leader may hold such unapplied funds lentil Borrower makes payment to bring the Low Mf=L If Borrower does trot do so within a reasonable period of time, Lankier shall either apply such funds or rearm 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 Larder shalt relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements uctned by this Security InstrumetitL 2. Application of Payments or Proceeds. Except as otherwise descrtflx4 in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under Use Note; (b) principal due tender the Note, (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became doe. Any remaining amounts shalt 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 rw&cs a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any lase charge dote, the payment may be applied to the dc&queat payment and the we charge. If mare than one Periodic Payment is outstanding, Lcrrdrs may apply any Payment received from Borrower to the repayment of the Periodic Payments if, and to the extent than each payment can be paid in 4q•6A(PA) to4wj ron+su a.g. 4 ice is Form 3039 1101 @K 191 1 PG0388 04106J2009 8:31:13 AM CUMBERLAND COUNTY InstA 200521316 . Page 4 of 20 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 duo. Voluntary prepayments shall be applied first to any prepaymeat charges and tbem as described in the Note. Any application of payments, hisurance prooomds, or bus Ptocoods to principal due under the Note shall not extend or postpone the due dad, or change the amount of the Periodic Payments. 3. Funds for E.strow Items. Borrower shall pay to Leader on the day Pariodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds') to provide for paymcat of auneuwts due for. (a) taxes and assessments and other itena: which can attain priority over this Sonority Instrument as a lion or encumbrance on the Property; (b) kasehold paytn= as ground rents on the Pmpaty, if any: (c) premiums for any and all insurance required by Lender under Section 5; and (d) Martmo Inatuanm premiums, if any, or any stuns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Crxmmmity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Tsscrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid enterer this Section. Borrower shall pay Lender the Funds for Escrow lam unless Lender weaves Borrower's obligation to pay the Farads for any or all Escrow Items. I and may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Arty such waiver may only be in writing. In the event of sucb waiver. Borrower shall pay directly, when and where payable, the araotmis due for any Escrow Items for which payment of Funds has boot waived by Leader end, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Leader may squire. Borrower's obligation to make such payments and to provtdc receipts shall for all purposes be deertted to be a covenant and agreaaent owulned in this Security huaru mcuL as the phrase "covenant and agreement" is used in Sectbn 9. If Borrower Is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fags to pay the amount due for an Escrow Item, Lander may ex rdw its rights under Section 9 and pay such amount and Borrower shall them be obligated under Section 9 to repay to Leader any such anaotmL Lendef nay revoke the waiver as to any or all Escrow Items at any time by a notice given in aeeordamce with Section 15 and, upon such revocation, Borrower shall pay to Leader ell Funds, and to such amounts, that arc then required under this Section 3. Lender may, at any thee, collect aad hold Funds in an amount (a) sufficient to permit Leda to apply the Funds at the dtrto apetaW trader RESPA, and (b) not to exceed the maximum amount a louder can require under RESPA. Lender shall estimate the amount of Rands due on the basis of current data and reasonable estimates of eapeaditures of future Escrow Items or otherwise in amordaux with Applicable law. The Funds shad be held in an institution whose deposits arm intoned by a federal agency, instrumentality, or entity (including Lander, if I.andtr is an institution whose deposits arc so insured) or in any Federal Home Loan Bank. Louder shall apply the Funds to pay the F.s=w Items no latex than the ti m specified uuoder RBSPA. Centex shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Irons, unless Lander 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 squires interest to be paid on the Funds, Under shall not be required to pay Borrower any interest or earnings on the Fnndp{Rjrrq r #n? & jWw in writing, however. that interest shall be paid on the VW/ P6- 3?+31 (? IniIWI: q•6A(PA) toeosi Pao. s of to form 3038 1l01 04108r2DD9 8:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 5 or 2D Funds. Leader shall give to Borrower, without charge, an annual accounting of the Ponds as required by RFSPA. If there is a surplus of Funds held in escrow, m defined under ItI'.41'A, Lender shall ffix'Anat to Borrower fat the excess funds in accordance with RESPA. If these is a shortago of Funds hdid in escrow, as deftnod under Rt3SPA, Larder shall notify Borrower as required by RBSPA, and Borrower shall pay to Lender the amount necessary to mate up the >dholrtage m accordance with RESPA, but in no more than 12 monthly payments. If there is a deft *wy of > §unda held in escrow, as defined under RESPA, Lender shall notify Bormwer as required by RESPA, and Butrow(r shall pay to Lender the amount nomma y to make up the deRcieucy in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Funds beldby Lender. 4. Charges; Liens Borrower shall pay all taxes, assmirrmts, charges, fines, and impositions attrt'bumble to the Property which can attain pnraity over dais Secuity I umment, leasehold payments or ground trans on the Property, if any, and Community Association Dues. Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the mermen provided m Section 3. Borrower shalt promptly discharge any ben wbx h has priority over this Sww* Instrument unless Borrower: (a) arses in writing to the payment of the obligation secured by tie lien in a matuxrr acceptable to LeruLx, but only so long as Bouower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Larder's opinion operate to prevent the enforcement of the lien while those proceedings arc pending, but only until such procoedings are concluded: or (c) secures from the holder of the lien an agreement mfisfacwry 0 Lender subordinating the lien to this Security Insomment. If Leader determines that any pan of the Property is subject to a lien which can attain priority over this Security Insttu =4 Lender may give Barrowex a notice identifying the heat. 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 k 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. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fore, hazards included within the term "extended coverage." and any other hazards including, but not limited to. earthquakes and floods, for which Ltateler segaires inshrrancc. Ibis insurance shall be maintained in the amounts (irtohtdittg 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 chotrett by Borrower subject to Lender's right to disapprovo Borrower's choice, which tight shall not, be exercised unreasonably. Lender may require Borrower to pay, in connectim with this Loan. either (a) a one-time charge for flood zone determination, caurrcation and tracking services; or (b) a one-tithe charge for flood zone determination and certification services and subsequent charges each time rumappings or shailair changes occur which reasonabty 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 tits review of any flood zone determination resulting from an objection by Borrower. inhiais: -6A(PA) (orm Paps s o1 a V-7 IV- Form 3099 1101 BK1911PG0390 04106/2009 8:31.13 AM CUMBERLAND COUNTY Inst.# 200521316 . PA90 5 of 20 If Borrower faits to maintain any of the coverages described above, Lander may obtain insurance coverage, at Lender's option and Botrower's expense. Lander is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover LaWar. but might or might not protect Boaowcr, 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 dean was previously in effect. Borrower acknowledges that the cast of the insurance coverage so obtained might signiacantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender wnda thin Section 5 shall bocome additional debt of Batrower secured by dtis Security Instillment. These amounts shat) bear interest ai the Note rate from the date of disbursement and shall be payable; with such interest, upon notice from Letda to Borrower requesting payment. All insurance policies required by Lander and renewals of such policies shall be subject to Lertda's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mongagese and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal cemfiratm If Leander requires. Borrower shalt pmmpdy give to Letdar all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not odtmwise rtga red by lender, for damage to, or destruction of, the Property. such policy shall include a stlrrtdard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall grave prompt notice to the insurancc Carrier and Lender. Lender may mate proof of loss it not made promptly by Borrower. Unless Leander and Borrower otherwise ag= in writing. any insurance proceeds, whW= or not the underlying insurance was required by Lander. shall be applied to restoration or repair of the Property. if the Testamdon or repair is economically feasr'b1t and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance piocceds until Lender has had an oppordntity to inspect such property to ensure the wank has been completed to Larder's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the trepaim and restoratim in a single payment or in a series of progress payments as the work is oompleted. UnIm an agreement is made in writing or Applicable LAw requires interest to be paid on such insurance proceeds, Lander shall not be required to pay Borrower any iuwmt or earnings on such proceeds. Fees for public adlaaters, or other third parties, 7etamed by Boama 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 feasr k or t.endees security would be lessened, the insurance pseuds shall bus applied to the awns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Bomower. Such insurance proceeds shall be applied in the oiler provided for in Section 2. If Borrower abandons the Property, Lander may W negotiate and settle any available insurance claim and nJatad manors. If Borrower does not respond within 30 days to it notice from Lender that the insurance carrier has offered to settle a claim, there Lender may negodate and settle the claim. The 30-day period will begirt when the notice is given- To either event, or if Lander acquires the Property under Section 22 or otherwise. Borrower hereby assigns to Lander (a) Borrower's rights to any insurance proceeds is an amount not to excecd the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (otter than the right to any refund of Imeatned pus urns paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Pmputy. Lender may use the insurance proceeds either to repair or restore the Property at to pay amounts unpaid under cite Note or this Security Instrument, whether or not rhea due. Ct-BA(PA) psa2n OX-19I f PG039 I Pala Y at to ionw.?_ Form 7039 1101 04/0612009 8:31:13 AM CUMBERLAND COUNTY Inst # 200521316 - Page 7 of 20 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residencc within 60 days alftrr the execution of this Security Instrument and shall continua to occupy the Property as Borrower's principal residence for at least one year attic the date of occupancy, unless Lander otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstanc ra exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Iss as Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate at commit waste on the Property. Whether or not Borrower is residing in the Property, Bea rower shall maintain the Property in order to prevent the Propary fiam deteriorating or d===S in value dne to its condition. Unless it is determined pursuant to section 5 that repair or restoration is not economically fewible, Btlarower shall promptly repair the Property if damaged to avoid further detetiorauon or damage. If humince or condemnation proceeds are paid in connection with damage to, or the Wring of, the Property, Borrower shall be responsibIc for repairing or restoring the Property only If Landes has released proceeds for such purposes. Leodrs may disbnrlta proceeds for the repairs and restoration in a single payment or m a writs of progress payments as the work is completed. If the insuranco or condemoaton proceeds am riot sufficient b repair or restore the Property, Borrower is not relieved of Borrower's obligation for the complex w of such repair or mstoration. I.endcr or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause. Lender may inspect the inuxlor of the improvements on the Property. Lender &W give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. X. Borrower's Lora Application. Borrower shall be in default if, during the Loan application process. Borrower or any persons or entitles acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false. misleading, or inaccuuato information or statanents to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, reprosemadons concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Iaterot In the Property and ]tights Under this Security Instruateat. If (a) Borrower falls to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect I.ender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bardaVicy, probate, for condemnation or forfeiture, far enforcement of a lion which may auxin priority overthis Security Iwamnent or to enforce laws or regulations), or (c) Borrowea 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 Instrurne nt, including protecting and/or s48essing the value of the Property, and securing and/or repairing the Property. Lender's actions can Include, but rue not limited to, (a) paying any sums secured by a lien which has priority over this Security Instrument: (b) appearing in roust: and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, Incbxbng 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, ebmitu to building or other code violations or dangerous conditions, and have utilides turned on or off. Although Lender may take action under this Section 9, Leader does not have to do so and is not under any duty or obligation to do so. It is agreed that larder incurs no liability for not taking any or all actions authorized under this Section 9. ??rrrr... Ipkli? at-OA(PA) (0601) Paw a of f0 -BK 191 ! PG9392. forhn 3039 1101 04/06/2009 8;31:13 AM CUMBERLAND COUNTY IrW.# 200521316 - Page 8 of 20 Any amounts disbursed by Lends under this Section 9 shall become additional debt of Borrower woad by this Security Instrument. Them amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice froth Under to Borrower tequm ttg payment. If this Security Instrument is on a leasehold, Borrower shall comply with an the provisions of the leave. If Borrower acquires fee title to the Fropaty, the leasehold and the fec title shall not merge unless Lutder agrees to the merger in writing. 10, Mortgage Insurance. If Leader required Mortgage Insurance as a condition of maldng the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If. for my meson, the Mortgage Insurance coverage required by Launder ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to mate separately designated payments toward the premiums for Mortgage lustuance, Borrower shall pay the premium 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 Inauranoo previously in effect, from an alternate mortgage bistm selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shill continue to pay to Leader the amount of the sep rarely designated payments that were due when the insurance coverage ceased to be in effect bender will accept, use and retain these payments as a uon-refundable Ions tlaerve in lies of Mortgage Inscrunee. Such loss reserve shall be noaatfundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lrsrda shall not be required to pay Borrower any interest or eamings on such loss reserve. Lends can no longer require loss reserve payments if Mortgagor Insurance coverage (in the amount and for the period that Lauder requires) provided by an insurer selected by Leader again becomes available, is obtained, and Lender requires stgnararely designated payments toward the premiums for Mortgage Insurance. If Larder required Mortgage Insurance as a condition of trucking the Loan and Borrower was requited to make separately designated payments toward the premiums for Mortgage InAuranc e, Borrower shall pay the premiums required to maintain Mortgage Insurance m effect, or to provide a non-refundable loss reserve. until Latch's requirement for Mortgage huntrance ends in accordance with my written agrewmt between Borrower and Leader providing for such termination or until temkmtiDn is required by Applicable Law. Nothing in this Section 10 affects Harrowers obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lander (or any entity that ptrchases the Note) for certain losses it may in= N Bo zowtr floes not repay the Loan as agreed. Borrower is tut a party to the Mortgage Insurance. Mortgage Insurers evaluate their total risk on all such insurance in force fmm time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements arc on toms and conditions that are satisfactory to the mortgage insurer and the other party (or pat-des) io these agreements. '!mace agreements may require the mortgage insurer to mate payments using say source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premium)- As a result of these agreements, Ixnder, any purchaser of the No tc, another insurer, any rtinsuret, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the rnortgsga Insurer's risk, or reducing losses If such agreement provides that an affliate 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 rebuu urm" Further. (a) Any suet agreements will not affect the amounsts that Borrower has agreed to pay for Mortgage Insurance, or any otber terms of the Loam Such agreements will not increase the amount Borrower wW owe for Mortgage Insurance, and they wilt not subtle Borrower to any refund. 4R-SA(PA) uosap Pap. a.f is 8K1911PG0393 04/0612009 8:31:13 AM CUMBERLAND COUNTY Mal.1w. Form 3039 1/01 Inat.# 200521316 • Pogo 9 of 20 (b) Any out agreements will not affect the robs Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection. Act of I"S or any other law. These rights may include the right to receive certain discloatares, to request and obtain csncelkttioa of the Mortgage Iastn ance, to have the Mortgage Insurance tassib ated automatically, and/or to receive a rd%md of any Mortgage Insurance premiums that were unearned at the time of each cancellation or termination. 1L Assigmaent of bViscellancons: Proceeds; Forfeiture. Ali Mscellaneous Pax=ds are hereby anigned to and shall be paid to Leader. If the Property is daaoegcd, swb b iscdlocous Proceeds shad be applied to restoration or repair of the Property if the its W atom 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 Leader has had an opportunity to hvoct such PYttpeaty to own the work has beet completed to I.aja's ea?tacdon, provided drat such inspection shall be tmdestat n promptly. Lender may pay for the repairs and restoration in a single diabursematt or in a series of progress payments as the work is completed. finless an agrcetneat is made in writing or A Law requires interest to be paid on such Mixellanaom Pro= a, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not eo orm*adly feasible or Linda's security would be kaseocd, the MLscellaacous Proceeds shall be applied to the stems secured by this Security Instrument, wbodter or not there due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order pmvidcd for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the MseaAaneous Proceeds shall be applied to the auras secured by this Security Instrument, whether or tot then true, with the excess, if any, paid to Borrower. In the event of a partial Wdag. de struotian, or loss in value of the Pfoperty in which the fair market value of the Property immediately before the partial talang, destruction, or leas in value a equal to or greater than the amount of the am secured by this Security Instrument immediately before the parlor taking, dwmmcdon. or loss in value, unless Borrower and Lander otherwise ague 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 rating, degurucdon, or bas 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 Wring, 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 stuns secured immediately before the partial tatdng, destructiarn, or loss in value, w 1w Borrower and Lander odzr*iao agree iu writing, the Muoellaneons Proceeds shall be applied to the sums secured by ?his Security Instrument whether or not the stuns are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as de&W in the nee sentence) offers to make an award w settle a claim for damages, Borrower fails to respond to lender within 30 days after rho date the notice is given, Lender is authorized to collect and apply the Mscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrumern, whether or tax throb due. "Opposing Petty" means the third patty that owes Borrower Mimellaneous Proceeds or the party against whore Borrower has a right of action in regard to Mrseellancous Procaxds. Borrower shall be in default If any action or procoeding, whether civil or criminal, is begun that, in Lender's judgment. could result in fbefebure of the Property or other material impairment of Larder's interest in the Property or rights under this Security Instrument. Borrower can cure such a defituh and, if acceleration has occurred, reinsure as provided in Section 19, by causing the w4on or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeinn of the Property or other material impairment of (M-6AJPA) rasup Pape 10 a is BK 191 1 PG0394, 041=009 8:31:13 AM CUMDERLAND COUNTY a?ea.r.?7 Form 3039 1101 rnst.0 200521318 - Page 10 of 20 Lender's interest in the Property or rights under this Security Instrument. 'no proceeds of any award or claim for damages that are attrr'butabk to the impairment of Lender's interest in ft qty are hereby asn4?ed and shall be paid to Lcrndec All Miscellaneous Proceeds that arc not applied io restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Soc tnity Instrument granted by Lauder W Borrower or any successor JA Interest of Borrower Shall not operate to rdmae the liability of Borrower or any Successors is Interest of Borrower. Lender shall not be rogaired to commcm proceedings against any Successor in Interest of Borrower or to refuter to plead time for payment or otherwise modify asnorozation of the sums secured by this Secarby Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Bortower. Any forbearance by Leader in exercising any right or remedy including. without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Boo+ower or in amounts leas than the amount than doe, sW not be a waiver of or preclude the exercise of any tight or remedy. 13. Joint and Several I bbibty; Cosigners; Successors and Assigns Bound, Borrower covenants and agmas this[ Borrower's obligadoew and liability shall be joint and several. However, any Borrower who co4gns 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 introit in the Pmpaty under the terms of this Securhy Instrument: (b) is not personally obligated to pay the sums secured by this Security Iasttunwat and (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or snake any accomtmodatim with regard to the tams of this Security Instrument or the Note without the co-signer's Consent. Subject to the provisions of Section 18, any Sucoassor in Interest of Borrower who assumes Borrower's obligaWas under this Security Instrument in writing, and is approved by Leoder, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and babiilq udder this Security lnetrcmieai unless Lender agrees to such release in writing. The covenants and agreements of this Security instrarrnent shag bind (except as provided in Section 20) and bencru the a== = and assigns of Lauer. 14. Loan Charges, Lender may charge Borrower fete for services performed in connection with Borrower's defauh, for the pugxw 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 fern, the absence of express authority in this Security Instrument to charge a specific fm to Borrower shall not be construed as a prohibition on the charging of such fee. Lerida may not charge foes that arc expressly prohibited by this Security Instrumcat or by Applicabk Low, If the Loan is subject to a law which sots maximum loan charges, and that law is finally interpreted so that the interest of edict loan charges collectod or to be collected in connection with the Loan exceed the permitted limits. Om.- (a) any such loan charge shall be reduc W by the amount necessary to reduce the charge to the porrniaed Us* and (b) any sums already collected tram Borrower which exceeded permitted timm 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 rcltad reduce principal, the reduction wdl be treated as a partial ymeart chargo (whether or not a prepayment charge is provided for under =L==` of any such refwtd made by direct payment to Borrower wilt constitute a waiver of any right of action Borrower might have arising out of such overcharge. t?- mhlw: atP 6A(PA)10402; Pa40 11 01 is Form 3039 1101 9 4 /q// r-P -3y-> 000612009 6:31:13 AM CUMBERLAND COUNTY Intl 200521316 - Page 11 of 20 15, Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Baaower in cannecdoa with this Security lmstrutne t shall be deemed to have been Sateen o Bomwer when maulod by first class mail or when actually delivered a Borrower's notice address if sent by other [Weans. Notice to my out Bonowcr shall constitute notice to all Bou were unless Applcabk Law expressly requires otherwise. The notice address shall be de Property Address unless Borrower has desigttnnped a subua3tute notice address by notice to Lander. Borrower shall promptly notify Ler?dar of Borrower's change of atldress. If L ender spetiifies a procedure far reporting Borrower's change of address. then Boaovver ahaa only report a age of address Btrcungh that specified procedure. 71we may be qtly one designated malice address under thin Bounty Insunuaent to any one time, Any notice to Lender shall be given by deliverit?g it ar by mailmng it by first class mail to Lender's address stated bmvAn !mesa Lander has designated another address by notice t<n Ba:rower. Amy notice in conuectio n with du s Setttaty Instrument shalt not be de sned to have btxn given to Lander uuttil aacaIly received by Lender. U any notice required by this Security Instrument is"requited under Applicable Law, the Applicable Law requirement will satisfy the coa spandhtg requirement under this Security konment 16. Governing Law; SeverAbility; Rnlea of Conatruetiom'Chia SecuK4 Instrument shall be governed by federal law and tine law of the jurisdiction its which the Property is located. All rights and obligations contained in this Security Inatrtnnent are subject to any regmhrednents and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the partim rut agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the avant 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 Nate which can be given effect without the conflicting provision. As used in this Security Instrument; (a) wards of the masculine gender shall mean and include coerespouding neuter wards 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 discrcdm without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given onne copy of the Note and of this Security Instrument. 16. Transfer of the Property ur a Benelkial Interest In Borrower. As used in this Section 18, 'Interest in the Property' means any legal or beneficial interest in rho Pto)neny, including, but not limited to, those beneficial interests transferred, in a bond for dcod, cx m w for deed, mstallman mks contract or escrow agreement, the intent of which is the trdinsftr of title by Borrower at a future data 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 net a natural person and a beneficial Lnteren In Borrower fs sold or transferred) without Lender's prior written consent, Lander may require immediate payment in full of all am secured by this Security Instrument. However, ibis option shallnot be exercised by L eandar hf such exercise) is prohibited by Applicable Law. If Lender w=ciscs this option, Lander shall give Borrower notice of acceleration. 7Ue notice shall provide a period of not less then 30 days from the data the notice Is given in accordance with Suction 15 within which Burrower must dry all sums secured by this Security bate anent. If Boaower fails to pay these sums prior to tic expiration of this period, Lander may invoke any remedies permitted by this Securrity instrument without furdw notice or demand on Bo r ower. 19. Borrower's VAgbt to R&ftte After Aeceleratium. If Borrower meets certain conditions, Borrower shall have the right to have eafort anent of this Security Instrument discontinued at any time prier to the earliest of- (a) five days before sale of the Property pursuant to any power of sak contained in this Security Instrument. (b) such other period as Applicable taw might specify for the teruduadon of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Barrowcr. (a) pays Lender all swag which then would be, due under this Security Instrument and the Nora as if no accelera had occurred; (b) cares any default of any ottwr covenants or agreements; (c) pays all r"n) Ct-6A(PA) psw) Page iP of Is form 3039 1101 ..BK1911PG0396 0410612009 8:31:13 AM CUMBERLAND COUNTY Intl 200521316 -Page 12 of 20 expenses mcwrod in enforcing this Security Instrument, incla ing, but not limited to, reasonable attorneys' fees, property inspection and valuation feca, and other fees mcurtrd for the purpose of protecting La nder's interest in the Property and dgbts 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 awns secured by this Security Instntmeat, shall conpnue unchanged. Lerida may require that Borrower pay mach reiastatoraml stars and eagmnses in one or wore of the following forma, as selected by Lender (a) cash, (b) matey order; (e) eutificd chock, batik chock, ttnasurces chock or cashWa check, provided any such check is drawn upon an institution whose deposits are insured by a federal agar, instrumentality of et>aty; or (d) Electronic Funds 7Yanafer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully eflbctive as if no accelerWoa had occurred. However, this right to reinstate shalt not apply in the case of acceleration under Section 18. 20. Sak of Note; Cbrnge of Loan ServiaQ; Nodee of Grievance. llae Now or a partial interest in the Note (together with this Security Instrmnau) can be sold one or more times without prior notice m Borrow=. A sale right result In a chanp in the entity (known as the "Lash Service'") that collects Periodic Payments due under the Note and this Security Iosawnew and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable law. There also might be one or mare changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Serrvicer, 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 trade and any other information RESPA requires in connection with a notice of transfer of servicing. If the We is sold and thereafter rho Loan is scrviwd by a Loan Sefvica other than the purchase of the Now, the mortgage ban servicing obligations to Borrower will retrain with the Loan Services or be transferred to a successor Loma Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neidw Borrower nor Leader may comm=r,, 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 drat the other party has breached any provision of, or any duty owed by reason of, this Seeutity Instrument, until such Borrower or Lender has raffled the other party (with such notice given in compliance with the regmrormehts of Section 15) of such alleged breach and afforded the other parry hereto a reasonable period after the giving of such notice to take cocroctive acticm. If Applicable Law provides a time period which must elapse before eaatain action can be taken, that time period will be doomed to be reasonable for purposes of this paragraph. The nodes of acceleration and opportunity to titre given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower putauant w Sexaion 18 shall be deemed to sad* the notice and opportunity to take corrective action provisions of this Section 20. 2L Hxcaardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances detinod as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following subs<mhc= gansolince kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, manteriols containing asbestos or formaldehyde, and radioactive materials; (b) "Bnvirormicaul Law" means Waal laws and laws of the jurisdiction where the Property is located that relate to health. safety or environmental protection; (c) "Envhmnental Ckanup" includes aqy sesponae action, remedial action. or removal action, as defined In Environmental law; and (d) an "Environmental Condition" mesa; a condition that can cause, contribute to, or otherwise trigger an Envirmwental Cleanup. mMfW tgdtA(PA) (aaaa) Pap" 13 of 16 31911PG0397 Form 3099 1101 04/06/2009 6:31:13 AM CUMBERLAND COUNTY Inst.# 200521316 - Page 13 of 20 Borrower shat! not c ntse or permit iho presence, use, disposal. storage, or release of any Hazardous Substances. or threaten to xlease any Hazardous Substances, 00 or in the Property. Borrower SW not do, nor allow 311YO a else to do. Willing off log the Ptorty (a) that Is in violation of any EnvironmenW Law, } which cream an Bnvirnomattal Condition, or c which, due to the presence, use. or ukase of a Haws Substance. meates a condition dug advasely of the value of the The preceding two sentences shall not apply to tie presoace, use, or storge on the Property ? ddu of Hazardous Substances lust are gemraily ? to be o prra6e to normal uses and to malzmanance of the Property ('including. but not limutd W. substance, in consumer Borrower shalt promptly give Lander written notice of (a) any inveatiptaat, daim, demand, lawsuit or other etxlorn by any gcwarutremtal or regabory ency m private plaaly involving rho Property and any Hmx dour Subsuam or Environmental Law of which Borrower bas actual lmawledge. (b) any Environmental Condition, including but not limited to, any spiking laWdug, discharge, release or threat of release of any Hazardous Subslattco, and (c) any condikdW caused. by the presence, use or release of a hazardous Substaum which adversely affects dw vahu of the Property. If Borrower learns, or is notified by any govent ental or r=e?a gory audw ity, at sty private party, that my removal or other remodiation of any Hazardous Substance alJxdng doe Property is necessary, Borrower shall promptly take all nocemary remedial scones in accordance with Emironmatal lAw, Nothing herein shall create any obligation on Lender for an Environmenlat Cleanup. NON-LIDMRM COVENANTS. Borrower and Larder further covenant and agree as follows: 22, Acceleration; Remedies. leader"She notice to Borrowerpno to acceleration following Borrower's breach of any covenant or agreement in this Sacar47 ilumument (but not prior to acceleration under Section 18 unless App Law provides otherwin). Under sbudl aotil7 Borrower of, among other things: (a) the default; (b) the action required to care the defaults (c) wbeo the default must be arced; and (d) that Whare to care the default as specified may result m acceleration of the same secured by Ob Security Instrument, foredosure by judicial proceeding and safe of the Property. lender shall further Inform Borrower of the right to reinstate after acceleration and the r!gbt to assert in the foreclosure proceeding the Ana-a blenee of a defauk or any otber defepse of to acceleration and foreclosure. If the default Is not cured as spades, lender at its option may mire immeftte payment in Poll of an ones secured by two Sec" instrument without fattier demand sad may toretiose fhb Security Instruma?t by jt?dacirtl proaedarg I.tndCr a" be ernWed to cosect all incurred in p the remedies provided loo th(s S n 22, including, but not limited to, ableLaw. I, this Securi Instr ufacut Lender shall and ai Lender may charge Borrower a fee party for services rendered and the g of the fee is pettrdtted under Applicable law. 24. Waivers. Borrower, to the extent pandumd by Applicable Law, waives and releases any error or defotxs m pt+oCeedings m rurforce Iota Socaaty bnatrument, and hereby waives the benefit of any presort or future laws providing fd>r stay of execution. pctetlsion of time, exemption front allacbmtatt, levy and sate, and homeatCad exemption. 2S. Reirnttatemeat Period. Bttlarowtsr's tirrue to reinstate provided in Section 19 shall street to arc hour prior to the oammertcanont of bidldurg at a ahtxiff's sale m other sale pursuant to this Security Instrument. 26. Purchase Money Martptge. If an of the debt seen by this Security Instrument is lent to Borrower to acquire title to the Pmpesty, this Security Instvment shall be a purchase money mortgage. 27. Interest Rate Alter Judgment. Borrower agrees that the interest rata payable altirr 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 NOW Inn W,. at-SA(PA) terost Pape U OF 16 Form 3030 1/01 OK 1.91 1 PG0398 04/O6/2009 8:31:13 AM CUMBERLAND COUNTY Inst. 200521316 - Page 14 W 20 BY SIGNING BEWW, Bonower accepts anti agi?ee to the tams end covenants eo Wned in ibis Security Inst wmt and in any Rider executed by Bafrower and recorded with it. Witnesses: ' r /",?a S ON a . SNY Borrower , 7 (5 (Seal) -Borrower at-GA(PA) losm _ (Seed) -Borrower - (SCSI) -Borrower _ (Seed) -Borrower Pape 16 of ti BK 191 1 PG0399 04106/2009 8:31.13 AM CUMBERLAND COUNTY (SW) -Borrower (Seal) -Borrower _ (Seat) -Borrower Form 5039 Nor IWO 200521316 - Page 15 0120 COMMONWEALTH OFPLNNSYLVAMA, Cumberland On [his,the 15th day of June, 2005 undersigneA officer, personally appeared Shannon R. Snyder County ss: , before me, the known m me (or satisfactorily proven) to be the person(s) whose name(s) is*e subscribed to the within instrument and acknowledged that he,/Aw'dtey executed the same fot the purposes herein conumied.. IN WTINESS WHEREOF. I hereunto set my hand and official seal My Commission Expires: h ralt of 011im RENEE IL. MURRAY, Notary Pubic C&I* Bolo, Cumberland Cmutty, PA h>v ConunWM EXOM Dec. 13, 2005 Certificate ofResideatgclyn M. Smith, Esq. I, , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, W 48501-2026. Witness my hand this 15th day of June 2005 "" mi r sq. AgcwtofMongaBu R .eA(PA) 40502) ism¦a P¦C¦ 1e a 15 Farm 3099 1/01 OK1911PGO400 04108/2009 8:31:13 AM CUMBERLAND COUNTY Instl 200521316 - Page 16 of 20 Exhibit A ALL THAT CERTAIN tract of land situate on the westerp side of South Pitt Street to the Third Ward of the Borough of Carlisle, Cumberland County, Peanaytvania, bounded and described as follows: BEGINNING at a point on South Pitt Street, at the corner of land now or formerly of W. J. and Bernice H. Diehl, which point is a distance of 45 feet 6 inches In a northerly direction from the northwest corner of South Pitt Street and Willow Street; thence westwardly by the line of said Diehl premises along the center line of the partition wall between the house hereby conveyed and that adjoining on the South and continuing in the same direction beyond for a total distance of 142 feet, more or leas, to the line of laud now or formerly of Later Adams; thence estwardly along said last named property 142 feet, more or lea, to the line of South Pitt Street; thence by aid street, southwardly a distance of 21 feet 6 inches, the Place of BEGINNING. HAVING thereon erected the northern half of a double frame dwelling house known as and numbered 424 South Pitt Street. SKI 91IPCO401 04/0612009 8:31:13 AM CUMBERLAND COUNTY InstJl 200521316 - Page 17 of 20 ADJUSTABLE RATE RrDER THIS ADJUSTABLE RAPE RIDER is made this 15th day of Juno , 2005 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of ft same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the 'Note' to FREMONT INVESTMENT 8 LOAN (ft "Lender') of the same date and covering the Property described in the Security instrument and located at: 424 SOUTH PITT STREET CARLISLE, PA 17013 ADDITIONAL COVENANT'S. In addition to the oovenants and agreements wade in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. Sections 3 and 4 of the Note state as follows: 3. PAYMENTS (A) 71me and Place of Paymetts I will make a payment on the first day of every month, beginning on August 1, 2005 . Before the First Principal and Interest Payment Due Date, as described in Section 4 of this Note, my payment will cod one-twelfth of one year's interest that would be due on an amount equal to the unpdd principal balance of the Note. Thereafter, I will pay pritcipal and interest by mating a payment every month as provided below. I will melee monthly payments of principal and interest beginning on the First Principal and Interest Payment. Due Date as described in Section 4 of this Note. I will make these payments every month until I have paid all of the principal, interest and any other charges that I way owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and interest, it will be applied to interest before principal. If, on July 1, 2035 , I still owe amounts under this Note, l will pay those amounts in lull on that date, which is called the "Maturity Date." I will make my monthly payments at 2727 EAST IMPERIAL HIBHWAY, BREA CA 92821 or at a different place if required by the Note Holder. (B) Amount of My Initlal Monthly Payments My initial monthly payment will be in the amount of U.S. S 627.75 . Nowevcr, if I make a partial principal prepayment prior to the first Change Date, my monthly payment will decrease for the remainder of the term that my scheduled payments consist ortly of interest. (C) Moothly Pa7rneot. Cbuoges BeginiAng with the First Principal and Interest Due Date, my monthly payment will change, as described in Section 4 of this Note. The Note Holder will notify me prior to the date of changes in my monthly payment. 4. ADU US'TABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Data The initial fixed interest rate I will pay will change to an adjustable interest rate on the first Page 1 of 3 ?n 19 1 1 P60404 10AtMr1 ju, 06"/03 DO W009 8:31:13 AM CUMBERLAND COUNTY instI 200521 3 16 - Page 18 of 20 day of July 1, 2007 , and the adjustable interest rate I will, pay may change on that date every sixth month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on wbich my adjustable interest rate could change, is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The "Index" is the average of Interbank offered rates for six-month U.S. dollar-denominated deposits in the London market based on quotations of major banks based on the Loudon Interbank Offered Rape ("LIBOR"), as published in The Wan StrW Journal. The most recent Index figure available as of the date 45 days before each Change bate is called the *Current Index." If the Tndex is no longer available, the Note Holder will choose a new index and adjust the Margin, as defined below. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Six and One Hundredth percentage points (6.0100 %) (the "Margin") to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4 (D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expeeted to owe at the Change Date in full on the Maturity Date at zq new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) l imfta on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.750 % or I= than 6.7500 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than One and One-Hall' percentage point(s) (1.5000 %) finm the rate of interest I have been paying for the preceding month. My interest rate will never be greater than 12.7500 % or less than 6.7500 %. (l) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after each Change Date until the mmunt of my monthly payment changes again. (F) Notice of Changes The Now Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include infortnadon required by taw to be given to me and also the telephone number of a person who will answer any question I may have regarding the notice. Q Date of First Frindpal and Interest Paynwnt The date of my first payment consisting of both principal and interest on this Note (the "First Principal and Interest Payment Due Date') shall be the first monthly payment daft after the first Change Date. 11. TRANSFER OF TIIE PROP16RTf' OR A BENEFICIAL WMREST IN BORROWER Section 18 of the Security Instrhmhent is amended to read as follows: LIU Ull 191 1 P90403 Page 2 of 3 IOAR.MP2 im 06110/03 04IM2009 8:31:13 AM CUMBERLAND COUNTY Inst# 200521316 . Page tg of 20 Transfer of the Property or a 13wendal Intend in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not as natural person) without Lender's prior written consCm, Lender may, at its option, require immediate payment in full of all sums secured by this Security Insatmuent. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exert ise this option if. (a) Borrower causes to be submitted to Lender information zequised by Ltalder to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the 6* of a breach of any covenant or agreement in this Security instrument is acceptable to Lender. To the extent permitted by applicable law. Lender may charge a reasonable fee as a condition to Lender's conwat to the loan assumption. Lender also may require the Uansferee to sign an aasumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Ittstrutnent. Borrower will continue to be obligated under the Note and this Security instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in fall, Linder shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all stems secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. wer SHANNON R. Date Borrower Date Borrower . Date i iy this to be recorded Borrower InaCulnbcrUnd County PA . .. Y IDARKM TG 03/24/04 j?f! 1 7 PG V p{-3 of 3 04/0612009 8:31:13 AM CUMBERLAND COUNTY Inst.# 200821316 - Pago 20 of 20 Exhibit "B" f McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FRS Mortgage Pass-Through Certificates, Series 2005-FRS 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. Shannon R Snyder 424 S Pitt Street Carlisle, Pennsylvania 17013 C? C=:1 lJ (Y l? w --? co Attorneys for Plaioiff - - ra C* c Cumberland County Court of Common Pleas Number 0- y?- CIVIL ACTION MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFERLEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted on la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dies de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defenses o sus objeeiones a las demandas on contra de su persona. Sea avisado quo si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTEDNO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO N] NIN'GUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 i. CIVIL ACTION/MORTGAGE FORECLOSURE laintiff is Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FRS Mortgage Pass-Through Certificates, Series 2005-FR5, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Shannon R Snyder, who is the mortgagor and real owner ofthe mortgaged property hereinafter described, and his/her last-known address is 424 S Pitt Street, Carlisle, Pennsylvania 17013. On June 15, 2005, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investment & Loan which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1911, Page 385. 4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investment & Loan to Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLLC 2005-FRS Mortgage Pass-Through Certificates, Series 2005-.FR5, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 424 South Pitt Street, Carlisle, Pennsylvania 17013. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due December 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. I 7. je following amounts are due on the mortgage: Principal Balance $ 111,450.18 Interest through June 15, 2009 $ 4,723.40 (Plus $20.90 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 315.77 Corporate Advance $ 1,175.00 Escrow Advance $ 557.30 GRAND TOTAL $ 119,471.65 Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $119,471.65, together with interest at the rate of $20.90 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. kaL BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: V 1f ?"' ?" Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Exhibit "C" Wells Fargo Bank, National Association As Trustee for Securitized Asset Backed Receivables, LLC 2005-FR5 Mortgage Pass -Through Certificates, Series 2005-FRS 1800 Tapo Canyon Road Mail Stop # SV-103 Simi Valley, California 93063 Cumberland County Court of Common Pleas V. Number 09-4157 Civil Term Shannon R. Snyder 424 S. Pitt Street Carlisle, Pennsylvania 17013 CIVIL ACTION MORTGAGE FORECLOSURE CIVIL ACTIONNORTGAGE FORECLOSURE,OBJECTION Il t 1. Agreed 2 Agreed 3. Agreed 4. Agreed 5. Agreed 6. Disagree. The Defendant was instructed by a CWBC representative to halt payments on the mortgage in order to obtain a modification in January 2009. Prior to this instruction, the Defendant was 1 month behind in mortgage payments. The Defendant has been working with a CWBC/Bank of America loan negotiator to obtain a modification on the loan since January 2009 when the Defendant's income was reduced due to spouse's layoff. In March 2009, the Defendant was notified that the modification was closed due to a lack of compliance with the process, although the Defendant had faxed the requested financial information to CWBC/Bank of America six (6) times in the month of February 2009. The Defendant hired a mortgage modification company to negotiate with CWBC/Bank of America in March 2009. On May 1, 2009, the Defendant was notified by the mortgage modification company that a "good faith payment" had been negotiated as a part of the modification currently being pursed. The Defendant attempted to make the "good faith payment" as instructed by CWBC/Bank of America and the payment was rejected by a CWBC/Bank of America representative. The Defendant continued to be in modification with CWBC/Bank of America with various modification options discussed. At the time of the Act 91/Act 6 notice, on May 27, 2009, the Defendant contacted CWBC/Bank of America and was informed that the modification was closed. A CWBC/Bank of America representative at that time offered the Defendant two modification options. The Defendant instructed the mortgage modification company to look into the terms of the modifications offered. The Defendant was informed on May 28, 2009, that CWBC/Bank of America had not spoken to the Defendant or offered two potential modifications. On June 9, 2009, the mortgage modification company offered, with the Defendant's consent, CWBC/Bank of America the full past due amount. The payment was not accepted due to the loan being in foreclosure. On Friday, June 19, 2009, the Defendant was served with the Civil Action/Mortgage Foreclosure paperwork. On Monday, June 22, 2009, the Defendant was advised by a CWBC/Bank of America representative to send in the last two pay stubs and last two bank statements for the modification currently being pursued. The Defendant faxed the information requested on June 23, 2009. The Defendant was informed on June 23, 2009, by a CWBC/Bank of America representative that the modification was closed. With further investigation, it was determined that the negotiator had looked at financial information from several months ago. The Defendant was advised that CWBC/Bank of America would not be able to review the modification with the correct information for at least a period of 3 weeks. Disagree. The loan was in modification at the time of the filing of Civil Action/Mortgage Foreclosure and had been in modification since January 2009. The Defendant had attempted to make full payment of past due amounts to CWBC/Bank of America immediately following the Act 91/Act 6 Notice. CWBC/Bank of America refused the payment. The Defendant disagrees with the Attorney Fee and Corporate Advance charges indicated as the matter could have been satisfactorily resolved when full payment of past due amounts was offered. 8. Agreed. Shannon R. Snyder VERIFICATION The Defendant certifies that the foregoing facts are true and correct to the best of her knowledge, information, and belief. Shannon R. Snyder Exhibit "D" TO THE HEREIN DEFENDANTS: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PLEADING WITHIN THIRTY (30) DAYS OF SERVICE THEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 V. Shannon R Snyder ATTORNEY FOR PLAINTIFF Attorney for Plaintiff Cumberland County Court of Common Pleas Number 09-4157 Civil Term REQUEST FOR ADMISSIONS Pursuant to the Pennsylvania Rules of Civil Procedure, Rule 4014, Plaintiff has served upon you a written Request for Admissions for the purpose of the pending action, relating to statements or opinions of fact or the application of law to fact, including the genuineness, authenticity, correctness, execution, signing, delivery, mailing or receipt of any document described in the request. Note that each allegation set forth will be admitted unless, within thirty (30) days after service of the request, or within such shorter time or longer time as the Court may allow, the party to whom the request is directed, shall serve upon the party requesting the admission, a verified answer by a party or an objection, signed by the party or his attorney. For the purposes of this Request for Admissions, Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 will be hereafter termed "Plaintiff," and Shannon R. Snyder will be termed "Defendant." 1. The mortgage for plaintiff is in default because monthly payments of principal and interest upon said mortgage due December 1, 2008 and each month thereafter are unpaid. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 2. The principal balance due on the mortgage is $111,450.18. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 3. The interest per diem is $20.90, and the interest due on the note and mortgage through June 15, 2009 is $4,723.40. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 4. Plaintiff sent Act 6 and Act 91 letters which were received by defendant. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any mature to substantiate the denial. 5. The Act 6 and Act 91 letters sent to defendant complied with all statutory requirements. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. 6. Attorney's fees are in conformity with the mortgage loan documents and Pennsylvania Law. If the above request for admission is denied, attach all documentary evidence you have in support of the denial or otherwise set forth at length all evidence of any nature to substantiate the denial. Respectfully submitted, McCABE, WEISBERG & CONWA Y, P. C. BY: MARC S. WEISBERG, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, ESQUIRE Identification No. 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 V. Shannon R Snyder Cumberland County Court of Common Pleas Number 09-4157 Civil Term CERTIFICATE OF SERVICE I, Marc S. Weisberg, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Request for Admissions was served on the below party on the 13th day of May, 2010, by the United States mail, first class: Shannon R. Snyder, Pro Se 424 S Pitt Street Carlisle, Pennsylvania 17013 DATE: MARC S. WEISBERG, ESQUIRE Exhibit "E" May 5, 200') Shannon R. Snyder 424 South Pitt Street Carlisle, PA 17013 COMBINED ACT 91/ACT 6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the leader intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S 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 DA YS OF THE DA TE 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 serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency> toll free at 1-800-342-2397. (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 SOMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE AL LAMARD A I STA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDES SER ELIGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Shannon R. Snyder PROPERTY ADDRESS: 424 South Pitt Sweet Carlisle. PA 17013 LOAN ACCT. NO.: 71986000 ORIGINAL LENDER: Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 CURRENT LENDER/SERVICER: Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FRS Mortgage Pass- Through Certificates, Series 2005-FR5 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SA VE 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, * 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 TEMPORARYSTA I" OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty-three (33) days from the date of this Notice. 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 THE NEAT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE )'OU MUST BRING YOUR MORTGAGE UP TO DATE. 7IIEfAl? 7' Of TI-11S NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT EXPLAINS IIOW TO BRING YO UR MOR TGA GE UP TO DA TE. CONSUMER CREDIT COUNSELING AGENCIES--I f 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-three (33) days after the date of this meeting. The names, addresses and lelephone numbers of designated consuinel' G'ellil counseling ages?e'ig?y fol- the count), in bvhlch the properli, is located are set forth (it the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender in inediately 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.) If you have tried and are unable to resolve this problem with the lender, 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. Your application MUST be filed or postmarked within thirty-three (33) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCI'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 DEIST. (if your have tiled bankruptcy you can still apply for Emergency Mortgage A.ssistanec.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it tip to date). NATURE OF TIIE DEF AULT--The MORTGAGE debt field by the above lender on your property located at: 424 South Pitt Street Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: approximately $1,020.24 per month for the months of December 1 2008 through May 1,, 2009 Other charges: 5225.55 For Late Charges, 5540.33 l,'or City Taxes, $16.97 For Homeowner's Insurance, 5325.00 For Title Fees, $135.00 For Property Inspection, $380.00 For Appraisal Fees & $30.00 For Expedited PO SVC Fees. Other fees may have accrued on your account. TOTAL AMOUNT PAST DUE: $7,774.29 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7,774.29, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY-THREE (33) DAY PERIOD. Payments must be mmle either by cash cashier's check certifled check or rnonely order made »avable and sent to: Loan Counselor Wells Fargo Bank, National Association As Trustee For Seeuritized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 IF YOUDO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY- T14IZEE (33) 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 ofthe total amount past due is not made within THIRTY-THREE (33) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose neon ,poul. mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender 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 laroccedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY-THREE (33) DAYneriod you )vill not be required t(_ ? a aItornef!,'s ees. 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 TIIE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY-THREE (33) DAY period and foreclosure proceedings have begun, you still h(we he ri-. hi to crn-e the default arrdllrevent the sale (it anv ti.nae up tr,, one how- bcfnre the :Sheri ff's Sale. You rn(IV do so by iaving the toial (nnount theli past (lue, plus am) late or other charger than due reasonable attorney's fees and costs connected with the loreclosure sale aml ? by the leader curd b1, arrv other costs connected Ia,itlt the S/teriJfs ,Sale as shecifle(I 111 b1,1'itlrlg performing am, other requirements under- the mortgage. Curing your default in the manner set forth iu 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 FIVE 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. HOJJ1 TO CONTACT THE LENDER: Name of Lender: Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass- Through Certificates, Series 2005-FR5 Address: 1800 Til)o Canyon Road Mail Stop #SV-103, Simi Valley, CA 93063 Finail Address: PI-IFA__Pro?amLi;country???ide.com Phone Number: , Fax Number: 1-817-230-6811 Contact Person: L.,oan Counselor EFFECT OF SIIERIFF'SSALE--You should realize that a Sheriffs Sale will end your ownership of the mortgaged propertyand your right to occupy it. If 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 tilt lender at any time. ASSUMPTION OF MORTGAGE--You may or XX 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 fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU AtIIA Y ALSO HA VE THE RIGHT. * TO SELL THE PROPERTY TO OB'T'AIN 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 TIME 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, FOR CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY, PLEASE SEE THE ATTACHED LIST. NOTE: Unless you notify this office within thirty-three (33) days of the date of this notice, that you dispute the validity of this debt or any portion thereof, this office will assume that the debt is valid. If you notify this office in writing within thirty-three (33) clays from the date of this notice, this office will: obtain verification of the debt or obtain a copy of judgment and mail you a copy of such judgment or verification. You are also advised that any information which you supply to this office may be used by us in the collection of debt. If you request this office in writing within thirty-three (33) days of the date of this notice, this office will provide you with the name and address of the original creditor. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty-three (33) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. THE PURPOSE OF THIS COMMUNICATION IS '1'0 COLLECT A DEIST AND ANY INFORMATION OBTAINED WII,L BE USED FOR THIS PURPOSE. I nclosme: Validation of Debt Notice SENT VIA RE=GULAR AND CERTIFIED MAIL NUMBER 7160 3820 3530 0276 1613 RETURN RECEIPT REQUESTED Validation of Debt Notice Pursuant to the Fair Debt Collection Practice Act (FDCPA) (1.5 USC 1092), a consumer debtor is required to be sent the following notice: (l) unless the consumer, within thirty-three (33) days after the date of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector, (2) if the consumer notifies the debt collector in writing within the thirty-three (33) day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a Judgment against the consumer and copy of such verification or Judgment will be mailed to the consumer by the debt collector, and (3) upon the consumer's written request within the thirty-three (33) day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. Our demand for immediate payment does not eliminate your right to dispute this debt within thirty-three (33) days of the date of this notice. If you choose to do so, we are required by law to cease our collection efforts until we have mailed that information to you. Although we have requested that you make payment or provide a valid reason for nonpayment, you still have the right to make a written request, within thirty-three (33) days of the date of this notice, for more information about the debt. Your rights are described further, hereinafter. The Law Office of McCABE, WEISBERG & CONWAY, P.C. is acting as a debt collector, pursuant to the FDCPA. THIS NOTICE AND LETTER ARE AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. The Federal Trade Commission has ruled that the FDCPA does not preclude the institution of legal action prior to the expiration of the thirty-three (33) day period. Acceptance of funds and reinstatement of the mortgage are both subject to verification by my client. Please note that 1 may be instructed to proceed with foreclosure and fees, costs and/or advances by the mortgagee may be due in addition to the sum quoted above. Please further note that any finds tendered will be subject to verification aril correctness before the matter is concluded. 1 DATE: May 5, 2009 McCabe, Weisberg & Conway, P.C. for BAC Home Loans Servicing, L.P. F/K/A Countrywide Home Loans Servicing, L.P. CUMBERLAND County 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 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 Nlaranatha 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" McCABE, WEISBERG AND CONWAY, P.C. BY Marc S. Weisberg, Atty I.D. #17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 V. Shannon R Snyder Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09-4157 Civil Term PLAINTIFF'S AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ?t`; tIC? e) Iri } STATE OF ss. COUNTY OF JqN hI y ) n being duly sworn according to law, deposes and says: I am employed in the capacity of at Bank of America, N.A., 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. The information in this affidavit is taken from Bank of America, N.A.'s business records. I have personal knowledge of Bank of America, N.A.'s procedures for creating these records. They are (a) made at or near the time of the occurrence of the matters recorded by persons with personal knowledge of the information in the business record, or from information transmitted by persons with personal knowledge; (b) kept in the course of Bank of America, N.A.'s regularly conducted business activities; and (c) it is the regular practice of Bank of America, N.A. to make such records. 4. Defendant's(s') mortgage payments due December 1, 2008 and each month thereafter are due and unpaid. 5. The amounts due on the mortgage are as follows: Principal Balance $ 111,450.18 Interest through December 02, 2011 23,216.28 (Per diem $20.5543) $ Attorney's Fees and Costs $ 3,383.82 Late Charges $ 135.33 Property Inspection Fees $ 400 Credit $ (103.42) Escrow Advances $ 7,871.80 TOTAL $ 146,353.99 6. Defendant(s)s have failed to reinstate the account. 7. Plaintiff provided defendant(s)s with Notice of Intention to Foreclose Mortgage and the notice as required by Act 91. 8. 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 Defendant(s)s and to the severe detriment of Plaintiff. 9. Plaintiff properly accelerated its mortgage to protect its interests. am e: ? ? ?V I I F P- Title: Wti 0A=rOck't-Pf. ?1. *X)rMVP) Bank of America, N.A. On this 3?, day of c??? c? 20 ! before me a notary public, the undersigned officer, personally appeared the above named person, known to me (or satisfactory proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she,?6xecuted the same for the purposes therein contained. In witness hereof, I hereunto set my hand ?m official seal. Stamp/Seal otary Public NOTARIAL SEAL File Name: Snyder, Shannon R KRISTY L MOYER Notary Public NEW KENSINGTON CITY, WESTMORELAND CNTY My Commission Expires May 12, 2013 Bank of America, N.A. Account Information Statement Account#(last four digits): 6000 Borrower Name : SHANNON R SNYDER Good Through Date:12/02/2011 Paid to Date:11/01/2008 Based on Date: 11102/2011 Unpaid Principal Balance 111,450.18 Interest 23,216.28 Change Date Interest Rate(%) N o of Days 11/0112008 6.750 1127 Payment Due Total 35,707.28 From Date To Date No of Payments Due Amount($) 12/01/2008 04/01/2009 5 1,020.24 5,101.20 05/01/2009 12/01/2011 32 956.44 30,606.08 Late Charges 135.33 Accrued Late Charges 135.33 Accrued Date Amount($) 12/0112008 45.11 01/01/2009 45.11 02/01/2009 45.11 Uncollected Late Charges 0.00 Advances Total 11,655.62 Escrow Advances 7,871.80 Taxes 5,414.40 Date Paid Description Actual($) Anticipated($) 04/21/2010 CITY TAX PMT 587.12 08/1912010 SCHOOL TAX PMT 1,288.71 04/14/2011 CITY TAX PMT 633.62 08/18/2011 SCHOOL TAX PMT 1,396.28 04/20/2009 CITY TAX PMT 271.90 08120/2009 SCHOOLTAXPMT 1,236.77 MIP/PMI 0.00 Date Paid Descripiton Actual($) Anticipated($) Hazard Insurance 2,457.40 Date Paid Description Actual($) Anticipated($) 10/16/2009 HAZARD INS PMT 748.00 10/19/2010 HAZARD INS PMT 509.00 10/17/2011 HAZARD INS PMT 915.00 12/17/2008 HAZARD INS PMT 285.40 Fee Due Advances 3,783.82 Foreclosure Fees 3,383.82 Tran Date Description Actual($) Anticipated($) 12/21/2010 ATTORNEY/TRUSTEE FEE 300.00 05/04/2009 TITLE FEES 325.00 06/18/2009 ATTORNEY/TRUSTEE FEE 925.00 06/18/2009 FILING FEES 78.50 06/18/2009 MAILING FEES 5.32 06/18/2009 PROCESS SERVER 125.00 06/18/2009 SHERIFF'S FEES 1,500.00 06/18/2009 TITLE FEES 125.00 Bankruptcy Fees 0.00 Tran Date Description Actual($) Anticipated($) Property Inspection Fees 400.00 Tran Date Descripiton Actual($) Anticipated($) 11/02/2009 INSPECTION-OCCUPIED 15.00 12/01/2009 INSPECTION-OCCUPIED 15.00 12/31/2009 INSPECTION-OCCUPIED 15.00 01/27/2010 INSPECTION-OCCUPIED 15.00 03/01/2010 INSPECTION-OCCUPIED 15.00 03/26/2010 INSPECTION-OCCUPIED 15.00 04/23/2010 INSPECTION-OCCUPIED 15.00 05/27/2010 INSPECTION-OCCUPIED 15.00 Bank of America, N.A. _ Account Information Statement Account#(Iast four digits): 6000 Borrower Name : SHANNON R SNYDER Good Through Date:12102/2011 Paid to Date:11/01/2008 Based on Date: 11102/2011 05/24/2011 INSPECTION-OCCUPIED 14.00 09/23/2011 INSPECTION-OCCUPIED 14.00 06/30/2011 INSPECTION-OCCUPIED 14.00 08/31/2011 INSPECTION-OCCUPIED 14.00 01/14/2008 INSPECTION-OCCUPIED 15.00 09/24/2008 INSPECTION-OCCUPIED 15.00 10/27/2008 INSPECTION-OCCUPIED 15.00 12/02/2008 INSPECTION-OCCUPIED 15.00 01/02/2009 INSPECTION-OCCUPIED 15.00 02/02/2009 INSPECTION-OCCUPIED 15.00 03/02/2009 INSPECTION-OCCUPIED 15.00 03/24/2009 INSPECTION-OCCUPIED 15.00 05/01/2009 INSPECTION-OCCUPIED 15.00 06/01/2009 INSPECTION-OCCUPIED 15.00 06/25/2009 INSPECTION-OCCUPIED 15.00 08/03/2009 INSPECTION-OCCUPIED 15.00 08/19/2009 INSPECTION-OCCUPIED 14.00 08/26/2009 INSPECTION-OCCUPIED 15.00 09/25/2009 INSPECTION-OCCUPIED 15.00 Others 0.00 Tran Date Description Actual($) Anticipated($) Credits Date Paid 07/07/2011 Total Amount Owed Description CLRD PARTIAL (FORCL) Actual($) Anticipated($) (103.42) (103.42) 146,353.99 0 JkkL and Convej Copy By: ADJUSTABLE RATE NOTE (6-Month LIBOR Index - Rate Caps) (Assumable during Life of Loan) (First Business Day of Preceding Month Lookback) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. June 15, 2005 BREA, CA 92821 [Date] [City] [State] 424 SOUTH PITT STREET CARLISLE, PA 17013 [Property Address] 1. BORRO'WER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 111,600.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is FREMONT INVESTMENT & LOAN 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 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 6.750 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. *SEE ADJUSTABLE RATE NOTE RIDER ATTACHED HERETO AND MADE A PART HEREOF* 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the first day of each month beginning on August 1, 2005 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 July 1, 2035 , 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 2727 EAST IMPERIAL HIGHWAY, BREA CA 92821 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 627.75 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE RATE NOTE - 9-Month LIBOR Index (Assumable during Life of Loan) (First Business Day Lookback) - Single Family - Freddie Mae UNIFORM INSTRUMENT (0-815N (0404) Form 5520 3104 1i fI ® VMP Mortgage Solutions (800)521-7291 Page 1 of a Inltlals loll Ill II 1111 III 111111111 *SEE 'ADJUSTABLE RATE NOT DER ATTACHED HERETO AND MADE A"T HEREOF* 4. INTEREST RATE AONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of J u 1 y 1, 2 0 0 7 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR'), as published in The Wall Street Journal. The most recent Index figure available 45 days before each Change Date is called the "Current Index.' If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Six and One Hundredth percentage points ( 6.0100 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0-125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 8.750 % or less than 6.7500 %. Thereafter, my interest rate will never be increased or decreased on any subsequent Change Date by more than 1.5000 from the rate of interest I have been paying for the preceding period. My interest rate will never be greater than 12.7500 % or less than 6.7500 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY *SEE PREPAYMENT RIDER ATTACHED HERETO AND MADE A PART HEREOF* I have the right to make payments of Principal at any time before they are 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. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any 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 I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. 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 I 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. 1815N2MS 01/01 Page 2 of 4 Initials: 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges 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 6.0 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If 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 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 I 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 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 I 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. 8. 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. Any notice that must be given to the Note Holder under this Note wilt 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. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If 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 all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. 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. 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 I 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: Form t0-815N (0404) Page 3 014 Initials 0 Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any 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. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee, and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security 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. *SEE PREPAYMENT RIDER ATTACHED HERETO AND MADE A PART HEREOF* WITNESS THE HAND(S) AND SEAL(S) OF TBE UNDERSIGNED. (Seal) (Seal) SHANNON R. SNY ER -Borrower -Borrower -(Seal) (Seal) -Borrower -Borrower - (Seal) -Borrower _ (Seal) -Borrower _ (Seal) (Seal) -Borrower -Borrower [Sign Original Only] IM-815N (0404) Page 4 of 4 Form 5520 3104 a0'. `e I Iiiiiii I Prepared By: Jason Arce McCabe Weisberg & Conway, P.C. Suite 2080 123 South Broad Street Philadelphia, PA 19109 Record and Return To: McCabe Weisberg & Conway, P.C. Suite 2080 123 South Broad Street Philadelphia, PA 19109 Attn: Jason Arce Parcel# 04-22-0483-037 Loan Number: Assignment of Mortgage Effective Date of Assignment: May 16, 2009 For Value Received, the undersigned holder of a mortgage, Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investment & Loan, whose address is P.O. Box 2026 Flint, M148501 does hereby grant, sell, assign, transfer and convey without warranties of any nature whatsoever and without recourse, unto Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005, whose address is 1800 Tapo Canyon Road, Mail Stop #SV-103, Simi Valley, California 93063 a certain Mortgage dated 6-15-2005 made and executed by: Shannon R. Snyder gz59(? 6,p L upon the following described property situated in Cumberland County, Commonwealth of Pennsylvania: which has the address of 424 South Pitt Street, Carlisle, PA 17013 I do hereby certify that the precise address of Wells Fargo Bank, National Association As Trustee For Securitize Asset Backed Receivables LLC 2005-FRS Mortgage Pass-Through Certificates, Series 2 , whose address is 1800 Tapo Canyon Road, Mail Stop 4SV-103, Simi Valley, California V.963, Harman, Asst. Vice President such Mortgage having been given to secure payment of $111,600.00, which Mortgage is of record in Book# 1911, Page# 0385 of the Recorder of Deeds of Cumberland County, Commonwealth of Pennsylvania, together with the note(s) and obligations therein described, the money due and to become due thereon with interest, and all rights accrued or to accrue under such Mortgage. This Mortgage was recorded on 6-16-2005. TO HAVE AND TO HOLD, the same unto Assignee, its successors and assigns, forever, subject only to the terms and conditions of the above- described Mortgage. IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on JAN 13 2010 , Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investment & Doan 1 Signature: f Date: HI Title: Mary Ki ice Presid4fiil y FORM OF CORPORATE ACKNOWLEDGEMENT State of Tuxes ) Dallas ) SS: County of ) On this day of JAN 1 3 2010, 20_, before me the undersigned officer, personally appeared Mary Kist who acknowledged himself or herself to be the foe Preelderd of Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investment & Loan, and that he or she as suchy" President being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself or herself as Vice President In witness whereof, I here unto set my hand and official seal. NOTARY PUBLIC KELLY KAY LOOM Notary Pubk STATE OF TEXAS My Comm. Exp. 08-14-13 LandSafe. LandSafe Title - Foreclosure Title Search Report General Information Date Request Recv'd: 412412009 Date Exam/Sent: 511/2009 LandSafe File#: 09.6.132883B Countrywide Loan #: 71986000 Effective Date: 312812009 Attorney: MCCABE S WEISBERG Borrower Name: SHANNON R SNYDER Property Address: 424 SOUTH PITT ST, CARLISLE PA 17013 County: CUMBERLAND Pud/Condo/Homeowners Association: N/A Notes: Rod: 3/28/2009 Pro: 3/2812009 Row: 302009 Notes Copies provided are the best copies available. Vesting Information 1) Vested by Warranty Deed, dated 5/2612005, given by Joseph D. Edwards and Elza Edwards, husand and wife to Shannon R. Snyder, adult individual and recorded 611612005 in Book 269 Page 2021 Real Property Owner: Shannon R. Snyder Legal ALL THAT CERTAIN TRACT OF LAND SITUATE ON THE WESTERN SIDE OF SOUTH PITT STREET IN THE THIRD WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SOUTH PITT STREET, AT THE CORNER OF LAND NOW OR FORMERLY OF W. J. AND BERNICE H. DIEHL, WHICH POINT IS A DISTANCE OF 45 FEET 6 INCHES IN A NORTHERLY DIRECTION FROM THE NORTHWEST CORNER OF SOUTH PITT STREET AND WILLOW STREET; THENCE WESTWARDLY BY THE LINE OF SAID DIEHL PREMISES ALONG THE CENTER LINE OF THE PARTITION WALL BETWEEN THE HOUSE HEREBY CONVEYED AND THAT ADJOINING ON THE SOUTH AND CONTINUING IN THE SAME DIRECTION BEYOND FOR A TOTAL DISTANCE OF 142 FEET, MORE OR LESS, TO THE LINE OF LAND NOW OR FORMERLY OF LESTER ADAMS; THENCE EASTWARDLY ALONG SAID LAST NAMED PROPERTY 142 FEET, MORE OR LESS, TO THE LINE OF SOUTH PITT STREET; THENCE BY SID STREET, SOUTHWARDLY A DISTANCE OF 21 FEET Copyright 2001. Trade/service marks are the property of LandSafe, Inc. and/or its subsidiaries. The LandSafe affiliated companies include LandSafe Title of California, Inc., LandSafe Title of Florida, Inc., LandSafe Title of Illinois, Inc., LandSafe Title of Maryland, Inc., LandSafe Title Agency of Ohio, Inc., LandSafe Title of Texas, Inc., LandSafe Title Agency, Inc., and LandSafe Services, Inc. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201002486 Recorded On 1/28/2010 At 11:43:44 AM * Total Pages - 5 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 60038 User ID - KW * Mortgagor - SNYDER, SHANNON R * Mortgagee - SECURITIZED ASSET BACKED REC LLC 2005-FR5 * Customer - MCCABE WEISBERG & CONWAY * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 Certification Page DO NOT DETACH This page is now part of this legal document. TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA *Os? RECORDE/R O D DS - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. pllNllll&Il#IWIi? McCABE, WEISBERG & CONWAY, P.C. BY: Marc S. Weisberg, ESQUIRE Attorney for Plaintiff Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 Cumberland County Court of Common Pleas Number 09-4157 Civil Term v. Shannon R Snyder CERTIFICATION OF SERVICE I, Marc S. Weisberg, Esquire, hereby certify that a true and correct copy of the within Plaintiff s Motion for Summary Judgment and attached documents were served on the below parties on 2012, by first-class mail, postage prepaid:: Shannon R. Snyder, Pro Se 424 S Pitt Street Carlisle, Pennsylvania 17013 pro se Defendant DATE: Z 2 v 12,.- Marc S. Weisberg, Esquire Attorney for Plaintiff 00 JR 0F€=ICS PRAECIPE FOR LISTING CASE FOR ARGUMENT ? I i, P --5 Ph 2• L$0 TO THE PROTHONOTARY OF CUMBERLAND COUNTY: '! s ,LSC4I t?TY [)rf45 CY?YLV?FiN?A Please list the within matter for the next Argument Court. Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 Cumberland County Court of Common Pleas Number 09-4157 Civil Term V. Shannon R Snyder 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) Nathan C. Wolf, Esquire for Plaintiff Wolf and Wolf 10 West High Street Carlisle, Pennsylvania 17013-3052 (b) Pro se Defendant 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: 11,3 f 1 DATE: MARC S. WEISBERG, ESQUIRE Attorney for Plaintiff a.ro? t /'7. 7s; L,4 C/k4 I&iit q a? 19 ps McCABE, WEISBERG & CONWAY, P.C. BY: MARC S. WEISBERG, ESQUIRE Identification Number 17616 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 V. Shannon R Snyder Attorney for Plaintiff Cumberland County Court of Common Pleas Number 09-4157 Civil Term CERTIFICATION OF SERVICE I, MARC S. WEISBERG, Esquire, hereby certify that a true and correct. copy of the .ems' within Praecipe for Listing Case for Argument was served on the 21" of 2012, by first- class mail, postage prepaid, upon the following: Shannon R. Snyder, Pro Se 424 S Pitt Street Carlisle, Pennsylvania 17013 DATE: MARC S. WEISBERG, ESQUIRE Attorney for Plaintiff 12 l..„ , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wells Fargo, National Bank NO. 2009-4157 Plaintiff VS. Shannon R. Snyder Defendant ACTION IN FORECLOSURE MOTION FOR CONTINUANCE AND NOW, comes the Defendant, Shannon Snyder, by and through her attorneys, Mooney & Associates, by Jeff R. Lawrence, Esquire, files the following Motion for Continuance and respectfully represents: 1. The above-captioned action is scheduled for Argument Court on April 13, 2012, at 10:30 AM. in front of the Honorable M.L.Ebert, Jr. the Honorable Albert H. Masland, and the Honorable Thomas H. Placey. 2. Attorney for Defendant, Jeff R. Lawrence, Esquire, will be unavailable on April 13, 2012, at 9:00 AM. due to being scheduled to appear in Argument Court before the Honorable Edward E. Guido and the Honorable Christylee L. Peck at 10:00 A.M. 3. Additionally, Defendant avers she did not receive notice of Plaintiff's Motion for Summary Judgment, or the brief in support, or the Praecipe to List for Argument. 4. Defendant was not aware of any impending action in this matter until she received a letter from the Office of the Prothonotary, notifying her that the case had been listed for argument on April 13, 2012. 5. Defendant received that letter on Tuesday, April 3, 2012. 6. Attorney for Defendant, Jeff R. Lawrence, Esquire, first met with Defendant on Wednesday, April 4, 2012, and was retained on April 10, 2012. 7. As a result of Defendant's lack of notice, and the undersigned's only-recent entry into this matter, Defendant was unable to file an answer to Defendant's motion, and was unable to provide a brief in support. 8. Counsel for Plaintiff, Marc S. Weisberg, through local counsel Nathan C. Wolf, has indicated to the undersigned he is opposed to the request for continuance. However, he is not opposed to being moved on the Argument Court list to allow the undersigned to appear after (or before) his other scheduled Argument Court session. WHEREFORE, the Defendant respectfully requests this Honorable Court to continue the Argument Court scheduled for April 13, 2012, at 9:00 AM, so that Defendant can file an answer and brief in response to Defendant's Motion for Summary Judgment and may appear at Argument Court with counsel. Respectfully submitted, MOONEY & ASSOCIATES By. Je (13 _Va en uire torney for Defendant I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 0?2APR12 P{t4:"` i ? Ui Mt BERLAND COUNTY, PENNSYLVANIA IN THE COURT OF C004, Wells Fargo, National Bank NO. 2009-4157 Plaintiff vs. Shannon R. Snyder Defendant ACTION IN FORECLOSURE CERTIFICATE OF SERVICE I, Jeff R. Lawrence, Esquire, attorney for the above Defendant, hereby certify that on this 12 day of ar't 2012, I have forwarded a copy of the Motion for Continuance, in the above-captioned action to the following individual(s) by regular U.S. Mail as set forth below: Marc S.Weisberg, Esquire 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 Nathan C. Wolf 10 West High Street Carlisle, PA 17013 Respectfully submitted, MOONEY & ASSOCIATES By: Jeff l(P *eacl??iie Attorney for Defendant I.D. # 209725 2 South Hanover Street Carlisle, PA, 17013 (717) 243-4770 McCABE, WEISBERG & CONWAY P.C. , BY: Marc S. Weisberg, ESQUIRE Attorney for Plaintiff Identification Number 17616 . ru 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 Cumberland County Court of Common Pleas Number 09-4157 Civil Term V. Shannon R Snyder CERTIFICATION OF SERVICE I, Marc S. Weisberg, Esquire, hereby certify that a true and correct copy of the within Plaintiffs Memorandum of Law in support of Plaintiff's Motion for Summary Judgment and attached documents were served on the below parties on February 20th. 2012 by first-class mail, postage prepaid:: Shannon R. Snyder, Pro Se 424 S Pitt Street Carlisle, Pennsylvania 17013 pro se Defendant DATE: _ DATE: Marc S. Weisberg, Esquire Attorney for ?intiff Natl VWolf, Esquire Atto ey for Plaintiff WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC 2005-FR5 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-FR-5, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHANNON R. SNYDER, DEFENDANT 09-4157 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE EBERT, JR., J. MASLAND, J. AND PLACEY, J. ORDER OF COURT 1 V AND NOW, this Tday of April, 2012, upon consideration of Plaintiff, Wells Fargo Bank's Motion for Summary Judgment, Defendant, Shannon R. Snyder's lack of response thereto, and argument en banc, we GRANT Plaintiffs motion for Summary Judgment. By the Court, Albert H. Masland, J. Marc S. Weisberg, Esquire 123 S. Broad Street, Suite 2080 c " Philadelphia, PA 17616 c?r, ;. Nathan C. Wolf, Esquire z -vm For Plaintiff c j Y Jeff R. Lawrence, Esquire )> 2 South Hanover Street =c co '. Carlisle, PA 17013 :saa V A)Aa V1 0, L4)0 4r, III Coos W4:1,ed glas'Ji1?1 e?? . I lb t McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 164% MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWI= ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE -ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUA U ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 Plaintiff V. Shannon R Snyder Defendant TO THE PROTHONOTARY: Attorneys for Plaintiff M r-_1 CM C '_'k 'i -03: MCD _E =M s? rat ?A N c> , T? C`7 P r CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-4157 civil term Kindly enter judgment by court order in favor of Plaintiff and against Defendant in the above-captioned matter and assess damages as follows: Principal Interest from 12/03/11 to 05/17/12 $ 146,353.99 $ 3,432.57 Total $ 149,786.56 P_1__'N6e1V TERRE E J. McCABE, ESQUIRV IV, --1 4*A MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE Qtr*% &30t MARGARET GAIRO, ESQUIRE C?J l SS??h..1.-? Attorney for Plaintiff VL'd \1l` AND NOW, this day of I)U-A-A 2012, Judgment is entered in favor of Plaintiff, Wells Fargo Bank, National Association As Trustee For Sec 4tized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5, and against Defendant, Shannon R Snyder, and damages are assessed in the amount of $149,786.56, plus interest and costs. BY THE PRO NOT McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 Plaintiff V. Shannon R Snyder Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-4157 civil term AFFIDAVI'T' OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Shannon R Snyder, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Shannon R Snyder, is over eighteen (18) years of age, and reside as follows: Shannon R Snyder 424 South Pitt Street Carlisle, Pennsylvania 17013 SWORN AND SUB ED BEFO ME THIS NAY OF 2012 NOTARY PUBLIC tM o[ UAM NOTARIAL DEAL Maa tkiewict•fwwy1 clhrorltah? 1 w CtiMM t fl tlC[ 27.20 TERREN E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 164% MARC S. WEISBERG, ESQUIRE ID # 17616 EDWARD' D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ,'ESQUIRE - ID # 28@09 FIRM R. 9SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAH,, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Bread: Street, Suite 2080 Philadelphia, Pennsylvania 19109 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 Plaintiff V. Shannon R Snyder Defendant COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-4157 civil term The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Shannon R Snyder 424 South Pitt Street Carlisle, Pennsylvania 17013 SWORN AND SUB ED BEFORE ME THIS AY OF 2012 1"9 NOTAR PUBLIC U6VA YLYAN NOTARIAL SEAL A t0wMw*w z-NdwyPic a 7,2015 WE 2 TERRENCE J. McCABE, ESQU MARC S. WEISBER , ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorney for Plaintiff The undersigned attorney hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE MARC S. WEISRERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE' Attorney for Plaintiff WELLS FA BANK. NATIONAL ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED RE IVABLES LLC 2405-FR5 MORTGAGE PASS-THROUGH CERTIFICATES; SEIES 2005-FR-5, #'LAIA{TIrF"F : IN THE CART OF COMMON PLEAS OF : CUMBERLAND COU.NTY PENNSYLVANIA V. SHANNON R. SNYDER, DEFEN ANT 0"157 CIVIL. TERM AND NOW# thls,;?e T of April, 2012, upon consideration of Plaintiff, Wells Fargo Baba's Motion fir Summary Judgment, Defendant, Shannon R. Snydses "cif rest thereto, and argument on bunc, we GRANT Plaintiff's motion for Summary Judgment. By the Court, Marc, S. Welsh 'g, Esquire 123 9. Bid Skeet, Svite O PhOadeohis, PA 1761+6 Nan C. Wolf; Esquire For Plaintiff Jew R. Lawrenge, Esquire 2 South Hanover Street Carle, PA 17013 :sea Albert H. d, J. ?-, usy -a -C OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Shannon R Snyder 424 South Pitt Street Carlisle, Pennsylvania 17013 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Tb2rough Certificates, Series 2005-FRS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. Shannon R Snyder Defendant No. 09-4157 civil term NOTICE Pursuant to Rule 236, you are hereby notified that a JL rabove oing ffis as indicated below. I' r2 w X Judgment by Court Order - Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conway P.C. at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Shannon R Snyder c/o Jeff R. Lawrence, Esquire 2 South Hanover Street Carlisle, PA 17013 Wells Fargo Bank, National Association As Trustee For Securltized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. Shannon R Snyder Defendant No. 094157 civil term NOTICE Pursuant to Rule 236, you are hereby notified that a the above p ding as indicated below. onotary X Judgment by Court Order Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisb jM and Conway. P.C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 V. Shannon R Snyder FILE NO.: 09-4157 civil term Civil Term AMOUNT DUE: $149,786.56 INTEREST: from 05/18/12 $4,961.12 at $24.56 ATTY'S COMM.: COSTS: Z C- :=• o c 7 a7- r TO THE PROTHONOTARY OF SAID COURT: - The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, `dr accotint.LL. based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 424 South Pitt Street, Carlisle, Pennsylvania 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 33.0. ems- ? '78. s6 - ?Q. AfS a ?f ??. sCi - /e « /7q. l5 - $,2.2S (.'a . sv SignatI . Print Name: MARGARET GAIR SQUIRE ?CHRISTINE L. GRAHAM, ESQUIRE MARISA J. COHEN, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff Firm: MCCABE, WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 16496 e? rG7Ya? 41 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE ON THE WESTERN SIDE OF SOUTH PITT STREET IN THE THIRD WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SOUTH PITT STREET, AT THE CORNER OF LAND NOW OR FORMERLY OF W. J. AND BERNICE H. DIEHL, WHICH POINT IS A DISTANCE OF 45 FEET 6 INCHES IN A NORTHERLY DIRECTION FROM THE NORTHWEST CORNER OF SOUTH PITT STREET AND WILLOW STREET; THENCE WESTWARDLY BY THE LINE OF SAID DIEHL PREMISES ALONG THE CENTER LINE OF THE PARTITION WALL BETWEEN THE HOUSE HEREBY CONVEYED AND THAT ADJOINING ON THE SOUTH AND CONTINUING IN THE SAME DIRECTION BEYOND FOR A TOTAL DISTANCE OF 142 FEET, MORE OR LESS, TO THE LINE OF LAND NOW OR FORMERLY OF LESTER ADAMS; THENCE EASTWARDLY ALONG SAID LAST NAMED PROPERTY 142 FEET, MORE OR LESS, TO THE LINE OF SOUTH PITT STREET; THENCE BY SID STREET, SOUTHWARDLY A DISTANCE OF 21 FEET6 INCHES, THE PLACE OF BEGINNING. HAVING THEREON ERECTED THE NORTHERN HALF OF A DOUBLE FRAME DWELLING HOUSE KNOWN AS AND NUMBERED 424 SOUTH PITT STREET. RB5678 424 South Pitt Street, Carlisle, Pennsylvania 17013. BEING the same premises which by deed dated May 26, 2005 and recorded June 16, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 269, Page 2021, granted and conveyed to Shannon R Snyder in fee. TAX MAP PARCEL NUMBER: 04-22-0483-037 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 Plaintiff V. Shannon R Snyder Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-4157 civil term AFFIDAVIT PURSUANT TO RULE 3129 ._0 _s. rn , rte. ?r ?a c_ co The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 424 South Pitt Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owner or Reputed Owner Name Address Shannon R Snyder 424 South Pitt Street Carlisle, Pennsylvania 17013 2. Name and address of Defendant in the judgment: Name Address Shannon R Snyder 424 South Pitt Street Carlisle, Pennsylvania 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address w CD Plaintiff herein 5 6 Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 424 South Pitt Street Carlisle, Pennsylvania 17013 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 s, . United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Name and address of Attorney of record: Name Address Shannon R Snyder Shannon R Snyder c/o Jeff R. Lawrence, Esquire 2 South Hanover Street Carlisle, Pennsylvania 17013 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities May 31, 2012 MARGARET GAIRO, ESQUIR DATE *HRISTINE L. GRAHAM, ES I E MARISA J. COHEN, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 V. Shannon R Snyder Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-4157 civil term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Shannon R Snyder 424 South Pitt Street Carlisle, Pennsylvania 17013 D, --M ia7 t° > f ,. P a 00 w Your house (real estate) at 424 South Pitt Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on December 5, 2012 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $149,786.56 obtained by Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY " AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC 2005-FR5 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-FR-5, PLAINTIFF V. SHANNON R. SNYDER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 09-4157 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE EBERT, JR., J. MASLAND, J. AND PLACEY, J. ORDER OF COURT AND NOW, this day of April, 2012, upon consideration of Plaintiff, Wells Fargo Bank's Motion for Summary Judgment, Defendant, Shannon R. Snyder's lack of response thereto, and argument en banc, we GRANT Plaintiffs motion for Summary Judgment. By the Court, Marc S. Weisberg, Esquire 123 S. Broad Street, Suite 2080 Philadelphia, PA 17616 Nathan C. Wolf, Esquire For Plaintiff Jeff R. Lawrence, Esquire 2 South Hanover Street Carlisle, PA 17013 :saa Albert H. Masland, J. :Z: N N U1 v r., A :: Wells Fargo Bank, National Association As Trustee For Securitized Asset Backed Receivables LLC 2005-FR5 Mortgage Pass-Through Certificates, Series 2005-FR5 V. Shannon R Snyder ORDER AND NOW, this day of Cumberland County Court of Common Pleas Number 09-4157 Civil Term ,20 , upon consideration of Plaintiffs Motion for Summary Judgment and Defendants' response thereto, if any, it is hereby ORDERED and DECREED that summary judgment is GRANTED in Mortgage Foreclosure, and judgment is entered against Defendant, Shannon R. Snyder, in the amount of $146,353.99 together with interest at a rate of $20.5543 per diem from December 2, 2011 to the entry of judgment, plus costs and interest from the date of judgment provided by law. CLERK/PROTHONOTARY is directed to enter said Judgment. BY THE COURT: J. LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND SITUATE ON THE WESTERN SIDE OF SOUTH PITT STREET IN THE THIRD WARD OF THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON SOUTH PITT STREET, AT THE CORNER OF LAND NOW OR FORMERLY OF W. J. AND BERNICE H. DIEHL, WHICH POINT IS A DISTANCE OF 45 FEET 6 INCHES IN A NORTHERLY DIRECTION FROM THE NORTHWEST CORNER OF SOUTH PITT STREET AND WILLOW STREET; THENCE WESTWARDLY BY THE LINE OF SAID DIEHL PREMISES ALONG THE CENTER LINE OF THE PARTITION WALL BETWEEN THE HOUSE HEREBY CONVEYED AND THAT' ADJOINING ON THE SOUTH AND CONTINUING IN THE SAME DIRECTION BEYOND FOR A TOTAL DISTANCE OF 142 FEET, MORE OR LESS, TO THE LINE OF LAND NOW OR FORMERLY OF LESTER ADAMS; THENCE EASTWARDLY ALONG SAID LAST NAMED PROPERTY 142 FEET, MORE OR LESS, TO THE LINE OF SOUTH PITT STREET; THENCE BY SID STREET, SOUTHWARDLY A DISTANCE OF 21 FEET6 INCHES, THE PLACE OF BEGINNING. HAVING THEREON ERECTED THE NORTHERN HALF OF A DOUBLE FRAME DWELLING HOUSE KNOWN AS AND NUMBERED 424 SOUTH PITT STREET. RB5678 424 South Pitt Street, Carlisle, Pennsylvania 17013. BEING the same premises which by deed dated May 26, 2005 and recorded June 16, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 269, Page 2021, granted and conveyed to Shannon R Snyder in fee. TAX MAP PARCEL NUMBER: 04-22-0483-037 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4157 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC 2005-FR5 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-FR5, Plaintiff (s) From SHANNON R. SNYDER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $149,786.56 L.L. $.50 Interest FROM 5/18/12 - $4,961.12 AT $24.56 Atty's Comm % Due Prothy $2.25 Atty Paid $179.15 Other Costs Plaintiff Paid Date: 6/8/12 David D. Buell, Prothonotary (Seal) Deputy REQUESTING PARTY: Name : CHRISTINE L. GRAHAM, ESQ. Address: MCCABE WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania County of Cumberland -E (Ff p OFFiCEAcourt .14 Case Number: 09-4157 Court Date: 12/5/2012 10:00 am 2012 JUL 16 AM 10.59 Plaintiff: 01 MS' Wells Fargo Bank, National As Trustee for Securitized Asset ERLAND COWY Backed Receivables LLC 2005-FR5 Mortgage Pass-Through... PENNSYLVANIA vs. Defendant: Shannon R. Snyder For: AOSS (Attorney Outsourcing Support Services, Inc.) Received by Pennsylvania Professional Process Svc. to be served on Shannon R. Snyder, 424 South Pitt St., Carlisle, PA 17013. I, Chn?+;c,,, ,e being duly sworn, depose and say that on he day of ? 2012 at x, .m., executed service by delivering a true copy of the N tice of Sheriffs Sale in accordance with state statutes in the manner marked below: ( ) INDIVIDUAL SERVICE: Served the within-named person SUBSTITUTE SERVICE: By serving,,as ( ) NON-SERVICE: For the reason detailed in the Comments Below COMMENTS: jk < 4c--5-0 &,,- 4 1 t ye",501,/ C,0 II' I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. 0 COMMONWEALTH OF PENNSYLVANIA Notarial Seal M. Mlehelle Guyton, Notary Public Carlisle Boro, Cumberland County My Commission Expires July 1, 2012 we.....?.,,- A7o?naY',..arlp Ate, ^.!7rtsrk^^ MNotar:re PROCESS SERVER # Appointed in accordance with State Statutes Pennsylvania Professional Process Svc. P.O. Box 1148 Carlisle, PA 17013 (800) 863-2341 Our Job Serial Number: 2012000454 Copyright 0 1992-2011 Database Services, Inc. - Process Server's Toolbox V6.5d