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HomeMy WebLinkAbout09-4193?6 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID it 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 L MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. John W Kichman, Jr 801 Butler Pike Mercer, Pennsylvania 16137 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number j 9- 'y I f3 C je-r"i 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 a] partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is John W Kichman, Jr, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 801 Butler Pike, Mercer, Pennsylvania 16137. 3. On June 5, 2007, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1995, Page 3308. 4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, 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 legal description attached as Exhibit "A" and is known as 219 Clay Street, Enola, Pennsylvania 17025. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2009 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. 7. The following amounts are due on the mortgage: Principal Balance $ 62,659.64 Interest through June 18, 2009 $ 2,120.16 (Plus $12.62 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 216.30 Corporate Advance $ 34.00 GRAND TOTAL $ 66,330.10 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 $66,330.10, together with interest at the rate of $12.62 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: h :z 'r, Attorneys for aintiff TERRENCE . 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: L J Attorneys for aintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ate am ERiC t' 's First American Title Insurance Company FTPA-63 SCHEDULE C File No. 2009-4204 ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING LOT NO. 3 IN MARTIN'S ADDITION TO WEST FAIRVIEW, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A CORNER ON CLAY STREET AND LOT NO. 4 OF MARTIN'S ADDITION AFORESAID; THENCE ALONG SAID LOT NO.4 AND THROUGH THE CENTER WALL OF A PAIR OF FRAME HOUSES, 130 FEET TO A DRIVE ALLEY; THENCE WESTWARDLY ALONG THE SOUTHERN LINE OF SAID ALLEY, 30 FEET TO A LOT OF LAND NO. 2 ON SAID PLAN; THENCE SOUTHWARDLY ALONG LINE OF LOT NO. 2, 2,130 FEET TO CLAY STREET; THENCE ALONG THE NORTHERN LINE OF CLAY STREET IN AN EASTWARDLY DIRECTION, 30 FEET TO A POINT, THE PLACE OF BEGINNING. PARCEL NO. 45-17-1044-115 BEING THE SAME PREMISES WHICH KEITH A. PUTT, ADULT INDIVIDUAL, BY DEED DATED 05-31-07 AND RECORDED 06-12-07 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND IN RECORD BOOK 280 PAGE 2150, GRANTED AND CONVEYED UNTO JOHN W. KICHMAN, JR. Exhibit A ALTA Commitment Schedule C C? r? OF (?{j a' nZ r s a S ? `?' 7 ? ?d ?? QTY uk"4 63?-II Sheriffs Office of Cumberland County R Thomas Kline FILE Sheriff THE V Ronny R Anderson J ZUu + i. ?'t 112: ? Chief Deputy Jody S Smith vy Civil Process Sergeant OFFjCE OF hF S!- -RIFF L . Edward L Schorpp Solicitor BAC Home Loans Servicing, LP Case Number vs. John W. Kichman, Jr. 2009-4193 SHERIFF'S RETURN OF SERVICE 06/23/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: John W. Kichman Jr., but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant John W. Kichman Jr. Request for service at 219 Clay Street Enola, PA 17025. The defendant is incarcerated at SCI-Mercer County 801 Butler Pike Mercer, PA 16137. 06/23/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: John W. Kichman, Jr., but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Mercer County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 07/08/2009 08:45 AM - Mercer County Return: And now July 8, 2009 at 0845 hours I, WiNliam H. Romine Jr., Sheriff of Mercer County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: John W. Kichman, Jr. by making known unto himself personally, defendant at SCI-Mercer 801 Butler Pike Mercer, PA 16137 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $58.00 July 27, 2009 SO ANSWER R THOMAS KLINE, SHERIFF ti Iri The Court of Common Pleas of Cumberland County, Pennsylvania 11 BAC Home Loans Servicing, LP vs. John W. Kichman, JR. SCI-Mercer 801 Butler Pike Mercer, PA 16137 Inmate # HM0735 Civil No. 2009-4193 Now, June 23, 2009, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Mercer County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. --W°KtC 0- s? Sheriff of Cumberland County, PA Affidavit of Service Now, , 20 , at o'clock M, served the within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA Swom and subscribed before COSTS me this day of 20 SERVICE $ - MILEAGE AFFIDAVIT SHERIFF'S RETURN - REGULAR CASE NO: 2009-29984 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Mercer BAC HOME LOANS SERVIQING, LP VS KICHMAN JOHN W JR ROBERT YEAGER Deputy Sheriff of Mercer County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT-MORTGAGE was served upon KICHMAN JOHN W JR #HM0735 the DEFENDANT at 0845:00 Hour, on the 8th day of July 2009 at SCI MERCER 801 BUTLER PIKE MERCER, PA 16137 by handing to HIM, PERSONALLY a true and attested copy of COMPLAINT-MORTGAGE _ together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 9.00 Service 9.00 mileage ''" 5.50 Will' m H Romine Jr, Sh riff b6d notary 5.00 By .00 Deputy e iff 28.50 00/00/0000 Sworn and Subscribed to before me this / day of A. D. ----WY L WILSON, MERCER. M MM MYCOMMMIONSb4i BY: Jdw ML [its 801 Butler Pike, HM-4735 Dsfendaftr Pm so Mercer, PA 16137 r ?Ir?i¦¦O 111 ?¦ r ¦¦?rrr?rr¦rl? ??? ¦ r ?r.¦¦¦? SAC Ham Loans Servings LP COURT OF COMWN PLM aIMMLAW COUNTY, FA ,! Yet : No* 49-4193 CIVIL TM John W. Kkh=W mm f.rwrrirrgm Kindly enter my appearance as attorney Of s c and far daffadant, Jdm M. Ki,cham in the abom-captiamd 0i *t4r. John W. Kiclman Defer4d apt, pro se 801 Butler Pike, H *-0735 Mower, PA 16137 Dated: July 27, 2009 -iTARY ? 1 2 009 AU, -3 j`? II 8ft J" No Xld? 801 But1W Pine, H4-0735 DefAodd0ti pCo as Reeraae, PA 16137 13AC H=W Loaos Serving r LP CCU RT OF Chi PLFAS CxTOMAND OOU1TY, PA Y& z t No. 09-4193 CIVIL MM John W. Kictwan DoMP fm Mm- TO THE Y: Defendant, Jain IL Midmo w,, hauvby daaanfs a trial by Juzy of twelve (12) wags plus two alternates; trial to ptvcow as long as there are twelve (12) mambaca available. JOt?tl N. Kidman Defendant, pro eR 801 Butlec rDW# t+-0735 Meroar, PA 16137 Datedz July 27, 2009 r John W. Kichaan 801 Butler Pike, HM-M35 Maeer. PA 16137 John W. Kichman, DaUndent, pm se I Ting W rfjw TO: Plaintiff You are hem:eby notified to file a written reapoase to the enalomed Preliminary Objections within twenty (20) days froze the date of service hemceof or a judgaent may be estezed against you. Dsfendant, pro se aW How Loans Semcvicing, LP fka : Countrywide Hone Leans serving LP 1800 Top* Canyon Raw Mail Stop #SV-103 Simi Valley, Califs is 93063 : V* : John W. KiChaan, Jr 841 Butler Pike, M-0735 : Mercem:, Pennsylvania 16137 Cumbecland County Court of Common Pleas No. 09-4193 Civil T*= ? MH W. KICH@LI I S EMI .... Y c6JJ?CTZt S TO PrAWMF•s aM? !a Defeadowt John W. Kichimano pro se, hereby files Preliminary Objeatiate to Plaintiff's Complaint as follows: Y 1. Plaintiff. 8AC Home Loans Swving, LP fka Countrywide H me Loons SMCAr-91LP (hereinafter "Plaintiff") commenced this action by the filing of a tl?plaint against Defendant John W. Ridnman (hereinafter "Defandant") onn Juba 22, 2009. A true and correct copy of Plaintiff's Complaint is attadued hereto an Exhibit "A". Said Complaint was served upon Defendant on July 8, 2009 by the Mercer County Sheriff's office. 3. The Complaint alleges that the mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1. 2009 and each month thereafter are due and unpaid. Complaint at 116. 4. Upon these facts, the Plaintiff demands, Judges against Defendant in the am of $66,330.10 and other costs, and for foreclosure and sale of the mortgaged property. 5. Defendant now timely filers these preliminary objections to Plaintiff's Complaint FIRST PR6L Y OBJBMZON TO PLAINTIFF'S Ca4MAINT 6. Defendennt hereby incorporates paragraphs 1 through 5 of these Preliminary Objections as though the sanuuue were fully set forth heureia at length. 7. Pa.R.C.P. 1028(a)(5) alloys a defendant to file preliminary ob jectioas in the nature of lack of capacity to sue. 8. Plaintiff is a foreign caorporstion, which in evidanoed in the caption of this Civil Action. 9. Pursuant to Title 15 Pa.C.S.A. 14121, Plaintiff must procure a certificate of authority from the Department of State to do business irk this Qoemamonrrealth. 10. Nowhere in the Complaint done Plaintiff allege or provide any exhibits that Plaintiff has the required certificate of authority to do business in this Commonwealth. 11. Title 15 Pem.C.S.A. ¢4141 relating to Penalty for doir* business, without certificate of authority, at $4"41(a) reads: Right to bring actism or proceedings auaepmWed.-- A oongmualified foreign business corporation doing business in this Cbmmoniueelth within the meaning of Subchapter 8 (relating to qualification) SO= III' be permitted to maintain any action or proceeding in any court of this Commonwealth until the carporatiourn has obtained a oeurtificcate of authority. Nor, except as pro+rided in subsection (b), 2 f shall any anion cc proceeding be maintained in any court of this Cc®moaureaith by any successor or assignee of the corporation on any right, claim cc demand arising out of the doing of business by the corporation in this Commonwealth until a certificate of authority has beset obtained by the corporation or by a corporation that has acquired all or substantially all of its assets. 15 Pa.C.S.4. §4141(a) (oughasis supplied). 12. Plaintiff Is have not provided any averments or exhibits that they have caatplied with or arts in compliance with Title 15 Pa.C.3.A. 14127 relating to mrrrger,, consolidation or division of the corporation. 13. Plaintiff's have not made any averments or provided any evidence that they are in compliance with Title 15 Da.^_. S. A. §4131 relating to Registration of its corporate name and the annual zranewatl of said registratiomt. 14. Acc o dittglyo because Plaintiff has not plead the exist area of any certificate, of authority to do business in Powaylvania, Plaintiff camaxt maintain this Civil Action against Defecdant. tom, defendant John W. Uc3man respectfully requests that this Honorable Court grant his Preliminary Objections to Plaintiff I a Complaint and dismiss the Complaint. :iBQ0?1D PRBLI!...I OWWnC N TO Par.! TIFF'S aMPL.AINT .r?.??r? rrn.r..?? rrrrrr?r?rn.?.r.`rrrrr rrrr? rrr.rr 15. Defendant hereby incorporates paragraphs 1 thax qh 14 of these Preliminary Ob jeetioaas as though they same were fully not forth herein at length. 16. Pa.R.C.P. 1028(a) (2) allows a defendant to file preliminary objections in the nature of failure of pleading to conform to law or rule of court. 17. Pa.R. C:. P. Rule 1019(1.) requires that whees a claim or defense is based upon a writing, the pleader shall attach a copy of the writi =. 18. The Complaint alleges that they executed and delivered a mortgages Complaint at 431 and alleges tncaas of said moctgageo Complaint at 16. Nowhere in the Complaint dace Plaintiff not forth the apauific tocoas of the mortgage4 M me w vwo a copy of the said mortgage was not attached to the Complaint as required by Rule 1019(1). 3 19. Plaintiff therefore for has failed to cxaeply ,with Pa. R. C. P. Rule 1019 M . WORWOM defendant -Tots} W. Kichman tvapectfully roL;ueste that this Hoeorable Court grant his Preliminary Objections to Plaintiff's Coaeplatnfi and dismiss the Coasplai.nt. THIRD PRELIMINARY OSJMCT'IC)14 TO PLATNTTW.'S COMPLAINT 20. Defendant hereby incorporates paragraphs 1 through 19 of then Preliminary Objections as though the same were fidlyr set forth herein at length. 21. Ps.R. C. P. Ruler 1028(a) (2) allow a delfenaant to file Preliminary Objections for failure of a pleading to conform to law or rule of court. 22. Pa. €i.C. P. Rule 1019(1) requires that where a claim or defense to based upon a writingo the pleader sWl attach a copy of the wrt*ing to the coaplaint:. 23. At paragraph 8 of the Compl ai nt o Plaintiff alleges that a Notice of Intention to F'orsclose: and notice required by the Enargancy mortgage Assistance Act of 1983 wecv sont to Wendant by regular mail with a oertificatr of mailing and by certified mail, return receipt requested. complaint at i8. 24 Plaintiff has failed to attach any copies of the noticese tail receipts etc. to the Complaint in violation of Rule 1019(1). WOMFOW defendant John M. Kirkman resgoctfully requests that this Honorable Court grant his Preliminary Objections to Plaintif'f's Complaint and dismiss the Complaint. FOM H PRZLZMjK%RY OWM=OM TO PLAZNTT"' 3 CMPLAINT 25. Defe "da* Nby t ncorr P araetes paragraphs 1 through 2A of them Prelixtrsery Objections as though the sn" were fully set forth herein at length. 4 D fit P elia .riarry 26. Pa.R.C.P. Rule 1028(a)(2) allows a defat lv. Objection for failure of a pleading to conform to law or rule of court. V. Pa.R. C. P. Ruls 1024 requires veri fi cat icn of avermernt s in a pleading. 26. 2a.R.C. P. Raba 1024(c) states: (w) TlA verification shall be made by oetee or mom of the parties filing the pleading unless all the parties (L) lack sufficient ;knowledge or informations oc (2) Am outaicp t,* PcW:ieti.on of the court and the verification of none of them can oe osatatneed within the time ait.lowed for filing the pleading. In such Ca sesr the verification may be made by any person `:awing sufficient act-wIw34* or information aW belief ant thall set fz,,&h t" soLit -A. of that p4erscn',s information as to matters now statad upoi Its or tier own knowledge and the reason why the verification is not made by a party. Pa.R.C.P. Role 1424(c) (ophasis supplied). 29. Th* verification in this case did not conform to the Muireeaeentn of Rule 2024; No place in the verification does the verification explain why one of the parties was not available to verify the averments in the Complaint; The verification doses not explain what fates wham actually ol-A.Ansd from t:ne Plaintiff. 30. The instant action contains a an averment that Deefe nda nt is is default since February 1r 2009, The s, is no reason that none of the panties to this action could not have signed than verification in this cum, Mince time was not an iassus. 31. Acccrdinglyr sinus the verification in this case fails to comply i with Rule 1024 this Civil Action should be dismissed. WMMWGM defendant John W. Kichman respactfully requefte that this Hcuoe:ablee Curt grant his Preliminary Objections to Plaintiff's Complaint and diamiss the Omp.laint. o=?tspaactfully submittsd. John 4- IKichXM,, t3aef+ostdaeat. Pro se 1301 Butler Pi)*,, HM-0735 Marten FA 16137 Dated., July 27r 2009 5 VERIFICATION I, John w. Kichmen, do hereby owtify the states made h min are true and corrom to the best of my inforsstion, )MMIedge and baLi.ef. I understand that false atatong is heryrin are mdse subject to the penalties of 18 Pa.C.s.A. section 4904 relating to urawara falsification to authorities. John W. Kiehman, nefendautt, pro se 801 Butler Pi lm, H4-0735 merger, PA 16137 C MU MC KTS OF SFRYIC:B I, John w. Kt dean, hereby certify that aR true and coczecE copy of the focgoinrg Preliminary Objnetiom hake been fflWvOd upon Plaintiff, SAC Saes Loans Servicing.. LP, by +serrvirg counsel. for saam at the following address: 123 South Broad street, suite 2050 Philadelphia# PA 19109 (Comsel for Plaintiff) Service was made this 27th day of , uty. 2009, via first-clause mail, postage peepaicl. J ohn W. Kichmant Defirrivit t pr,2 33 901 Butler Pike, HM-0735 Mrcer, P:; 16137 C MMFICATS OF MAILING PURSUANT TO ORISONSR MALrwx R7LE T, -T'jh't W. aic:htt???, 4!? her" ce ttfy that the forgoing Pmlimtrary ObjectiorM is timely filed and serrvad Pttr TAOWt tQ the Prisoner MAISoe Rule an I have placed this Document in the itmtp mail system her.! st S' T-MERCER an this 27th day of July, 2009 for forravding to Che Pratthanotn-j of Cumberland County for filing: s-.ved a =Py 'M 71alrttlff :s 1ozns31. John W. Xi thtl ne Defendant 0 pry as 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, ESQ"JIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 - (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. John W Kichman, Jr 801 Butler Pike Mercer, Pennsylvania 16137 n ? r? Attorneys for Plai6W Cumberland County Court of Common Pleas Number .1,7 _ L11 „? C y t ?e. Est CIVIL ACTIONIMORTGAGE FORECLOSURE A'' m N rT? N ? ?m pT M ZOoG _4 N J TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand end "seal off said Court at Carlisle, Pa. this ..... day Of...... .... sZDo? ...... Prothonotary ,y 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 ban demandado a usted en la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a ]as 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 provisions 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. SIUSTEDNO TIE-NE A UN ABOGADO, VA A 0 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 AGENCIES 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 1. Plaintiff is BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is John W Kichman, Jr, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 801 Butler Pike, Mercer, Pennsylvania 16137. 3. On June 5, 2007, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1995, Page 3308. 4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, 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 legal description attached as Exhibit "A" and is known as 219 Clay Street, Enola, Pennsylvania 17025. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2009 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. 7. The following amounts are due on the mortgage: Principal Balance $ 62,659.64 Interest through June 18, 2009 $ 2,120.16 (Plus $12.62 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 216.30 Corporate Advance $ 34.00 GRAND TOTAL $ 66,330.10 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 $66,330.10, together with interest at the rate of $12.62 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: ?LgntT .? Attorneys for aintiff TERRENCE . McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies thathelshr-i'g-theAftemey fax`the-P4ainti-ff-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. -McC-ABR;-=WEISBERG-AND-CONWAY;P:C. BY: Ix"49 'C Attorneys for aintiff TERRENCE . McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE .y, •we R,c l, eFirst American Title Insurance Company FTPA-63 SCHEDULE C File No. 2009-4204 ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING LOT NO. 3 IN MARTIN'S ADDITION TO WEST FAIRVIEW, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A CORNER ON CLAY STREET AND LOT NO. 4 OF MARTIN'S ADDITION AFORESAID; THENCE ALONG SAID LOT NO.4 AND THROUGH THE CENTER WALL OF A PAIR OF FRAME HOUSES, 130 FEET TO A DRIVE ALLEY; THENCE WESTWARDLY ALONG THE SOUTHERN LINE OF SAID ALLEY, 30 FEET TO A LOT OF LAND NO. 2 ON SAID PLAN; THENCE SOUTHWARDLY ALONG LINE OF LOT NO. 2, 2,130 FEET TO CLAY STREET; THENCE ALONG THE NORTHERN LINE OF CLAY STREET IN AN EASTWARDLY DIRECTION, 30 FEET TO A POINT, THE PLACE OF BEGINNING. PARCEL NO. 45-17-1044-115 BEING THE SAME PREMISES WHICH KEITH A. PUTT, ADULT INDIVIDUAL, BY DEED DATED 05-31-07 AND RECORDED 06-12-07 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND IN RECORD BOOK 280 PAGE 2150, GRANTED AND CONVEYED UNTO JOHN W. KICHMAN, JR. Exhibit A ALTA Commitment Schedule C THE i ."1f' 1 F PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within; matter for the next Argument Court.) ` CAPTION OF CASE (entire caption must be stated in full) BAC HOME SOANS SE;RVICING,LP fka COUNTRYWIDE HOME LOANS SERVICING LP VS. JOHN W. KICHMAN No. 09-4193 CIVIL Term 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT 2. Identify all counsel who will argue cases: (a) for plaintiffs: McCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 (Name and Address) PHILADELPHIA, PENNSYLVANIA 19109 (b) for defendants: JOHN W. KIC1-1MAN, PRO SE, 801 BUTLER PIKE, HM-0735, MERCER (Name and Address) PENNSYLVANIA 16137 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: OCTOBER 14, 2009 r Signature JOHN W. KICHMAN Print your name DEFENDANT, PRO BE Attorney for Date: AUGUST 5, 2009 INSTRUCTIONS: 1. Two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. 2 ?, 0 rw IU G i C '' i McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - Ill # 16496 ANDREW L. MARKOWITZ -- ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 15) 790-1010 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP 1800 Tapo Canyon Road Mail Stop 4SV-103 Simi Valley, California 93063 V. John W. Kichman, Jr. 801 Butler Pike Mercer, Pennsylvania 16137 Attorneys for Plaintiff Cumberland County Court of Common Pleas NO. 09-4193-CV CIVIL ACTION/AMENDED COMPLAINT 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 AVIISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en ]as paginas siguientes, usted tiene veinte (20) dias de plazo a] partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones 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 NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/AMENDED COMPLAINT Plaintiff is BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, a limited partnership duly organized and doing business at the above captioned address. 2. At all times relevant hereto plaintiff has been registered with the Corporation Bureau of the Pennsylvania Department of State to conduct business within the Commonwealth of Pennsylvania. 3. Attached hereto as Exhibit "A" is the Certificate of Amendment which was filed by plaintiff with the Corporation Bureau on April 29, 2009 to change the name of the registered entity from Countrywide Home Loans Servicing LP to that of BAC Home Loans Servicing, LP. 4. The Defendant is John W Kichman, Jr, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 801 Butler Pike, Mercer, Pennsylvania 16137. 5. On June 5, 2007, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, inc. as nominee for Countrywide Home Loans, Inc. d/b/a America's Wholesale Lender which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1995, Page 3308. 6. A true and correct copy of the said Mortgage is attached hereto as Exhibit "B" and incorporated herein by reference. 7. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. d/b/a America's Wholesale Lender to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Deeds in and for Cumberland County. 8. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 219 Clay Street, Enola, Pennsylvania 17025. 9. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2009 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. 10. The following amounts are due on the mortgage: Principal Balance Interest through June 18, 2009 (Plus $12.62 per diem thereafter) Attorney's Fee Late Charges Corporate Advance GRAND TOTAL $ 62,659.64 $ 2,120.16 $ 1,300.00 $ 216.30 $ 34.00 $ 66,330.10 11. 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 was sent to Defendant on or about April 3, 2009 by regular mail with a certificate of mailing and by certified mail, return receipt requested. 12. A true and correct copy of the aforesaid combined Notice of Delinquency is attached hereto as Exhibit "C" and incorporated herein by reference. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $66,330.10, together with interest at the rate of $12.62 per diem for each day after June 18, 2009 until the entry of judgment and for such other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG ANDC?AY,P.C. BY: -' Attorneys for Plaintiff TERRENCE J. MCCABE ANDREW L. MARKOW ESQUIRE FL, ESQUIRE -r VERIFICATION The undersigned, KAM"'n" "^" STANT SECRETARY , does hereby certify that he/she is ASSISTANT SECRETARY of the Plaintiff (BAC Home Loans Servicing LP f/k/a Countrywide Home Loans Servicing L,P) in the above matter; and that he/she is authorized to make this verification on its behalf and that the forgoing facts as set forth in the foregoing 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. SECRETARY Dated: AUG 1 3 ?qq9 Kichimn, John W. EXHIBIT "A" Entity #: 587020 Date Filed: 04/2912009 Pedro A. Cortes Secretary of the Commonwealth PENNSYLVANIA DEPARTMENT OF STATE CORPORATION BUREAU Certificate of Amendment of Registration-Foreign (15 Pa.C.S. § 8585) K Limitcd Partnership Registered Limited Liability Partnership Registered Limited Liability Company Nsmc rT. (!III INIER Document will be returned to the name and address you enter to Addreri the Ittt. G Gty 9 5 z/ 5 Stan! 3 _<0 A4 Zip Code Commonwealth of Pennsylvania FOREIGN -LIMITED PARTNERSHIP AMENDMENT 3 Page(s) F:e: $250 In compliance with the requirements of 15 Pa.C.S. § 8585 (relating to amended certificate of registration), the undersigned, dosiring to change the arrangements or other facts described in its application for registration as a foreign limited partnership, foreign registered limited liability partnership or a foreign limited liability company hereby states drat: 1. The name under which the association was registered (or last registered) to do business in the Commonwealth of Pennsylvania is: Countrywide Home Loans Servicing LP 2. The (a) address of its initial registered office in this Commonwealth or (b) name of its comnwrcial registered office provider and the county of venue is: (a) Number and Strcet City State "Lip County (b) Name of Commercial Registered Office Provider C?tynty c/o: CT Corporation System 3. (yapplieable)t The address of the registered office of the association in this Commonwealth is hereby changed to: (a) Number and street city State Zip County (b) Nome of Commercial Registered Office provider County c/o: DADW - 1 w 1 VPDS C T 6yogi+ Oean. 2f1110 ADD nn nt , -- DSCB:15-8585-2 4. {fappAmbld. T1ie association desires that its registration be amended to change its name to: I BAC Home Loans Servicing, LP 5. If applicable: The ossociation desires that its registration be amended as follows in order to reflect arrangements or other facts that have changed. The name of the genarul partner has changed to: BAC GP, LLC, located at 4500 Park Granada, Calabasas, CA 91302 IN TESTIMONY WHEREOF, the undersigned has cawed this Certificate of Amendment of Registration to be signed by a duly authorized officer, member or manager thereof this 27 day of April 2009 Countrywide Boma Loans Servicing LI' Name of Association Signature V SAC GP, LLCr GENERAL PARTNER BY DEVRA LINDGREN, ASSISTANT SECRETARY OF BANK OF AMERICA, NATIONAL ASSOCIATION ITS MANAGER FAa5a. I W)4=* C T S"- Odine Docketing Statement (Changes) DSCB:15-134B Parr I. Complete for each filing. BUREAU USE ONLY: O Revenue Labor & Industry U Other File Code Filed lyite Current name of entity or registrant (Survlvor or nnv entity if merger or consolidalion): Countrywide Home Loans Servicing LP Entity number, if known: 587020 Incorporation/qualification date in PA: 113/13/2006 State of Inc: Texas Federal BIN: 95 4797107 Specified effective date. if any: II Part' ll. Check proper box: Amendment (complete Section A) Merger, Consolidation or Division (complete Section B,C or D) _ Consolidation (complete Section C) Division (complete Section D) -Conversion (complete Section A& E) _ Correction (complete Section A) Termination (wmplete Section H) _ Rcvival (complete Section O) _ Dissolution before Commencement of Business (complete Section F) X Section A - Check box(es) which pertain to changes: X Name: Nome changed to: RAC Home Loans Servicing, LP Registered Office: Number & str=t/RD number & box number City State Zip County _ Purpose: _ Stock (aggregate number of share authorized): _ Effective dgte:_ Term of Existence: _ Other. Section B - Merger Complete Section A if any changer to nerviving entity: Merging Entities are: (attach sheet for additiorw! nrcrgitrg entities) Name: Entity #, if known: EtTvative date: Inc.iqual. date in PA. State of inc. Name: Entity p, if known: Effective dale: Inc./qua]. data in PA. State of Inc. rnoi i . am os C r syo- Oai- E XHIBIT "B" ??G7 JU1V 1 Z f3m 1 G S. Prepared By: ESTHER GREAVES Countrywide Home Loans, Inc. dba America's Wholesale Lender 1210 NORTHBROOK DR.#300 TREVOSE PA 19053 Phone- (215)322-3'700 After 1zecording Rctuin To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P . O . Box 3.0423 610 168137617 D2 001 001 Van Nuys, CA 91410-0423 Parcel Number: - - --- Premises: 219 CLAY ST. ENOLA PA 17025 - (Space Abovc'11bis Line For Recording Data] MORTGAGE 000161313761.706007 [IOC ill #f) PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MFRS Pau') i of 17 V -GA(PA) (0608) CHL (10105)(d) VMP Mod0ago Soluilons, Inc_ (800)52.1-7201 Form 3039 1101 Illllgll?lllll????!If? Illll?l?llllilnlhll&IIN?I!IIIIaIIftlIIIYIIIniIIIIIIN?llllll Bl{ 1 995IDG33Q4;1 u a DOC ID #: 0001.681.3761.706007 MIN -10001.57-0001424767-6 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 O 5 , 2 0 0 7 together with all Riders to this document. (B) "Borrower" is JOHN W KI CHMAN' JR Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number ofP.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is Countrywide Home Loans, Inc, dba America's Wholesale bender Lender is a CORPORATION organized and existin), under the laws of NEW YORK Lender's address is ,1500 Park. Granada MSN;f SV-3-31.4 Calabasas, CA 91302-1613 (E) "Note" means the promissory note signed by Borrower and dated JUNE 015., 2007 "I'he Note states that Borrower owes Lender SIXTY THREE THOUSAND SIX HUNDRED and 00/100 Dollars (U.S. $ 63 , 6 O 0 . 0 O ) plus interest. Borrower has promised to pay this debt in regular -6A(PA) (0508) CHL (10/05) Pago 2 of 17 Form 3039 1101 BKI995PG3309 DOC ID $# : 00016813'161706007 Periodic Payments and to pay the debt in full not later than JULY 01 , 2 0 3 7 (b) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "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]: djustable Rate Rider Condorninilun Rider U Second Home Rider Balloon Rider Planned Uri! Development Rider = 1-4 Family Rider U VA Rider -? Biweekly Payment Rider n Other(s) [specify] (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. (3) "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. (I) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, die 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 (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RE SPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RE-SPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Properly, whether or not that party has assurned Borrower's obligations under tic Note and/or this Security Instrument. -6A(PA) (0506) C1iL (10/06) Pag,:3,417 Form 3039 9/01 J BK 1 995PG33 1 13 DOC ID #: 00016813761706007 TRANSFER OF RIGHTS IN 'ITM 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 lnstrunient and the Note. For this purpose, Borrower does hereby mortgage„ grant and convey to MFRS (solely as nominee for Lender and Lcnder's successors and assigns) arid to the successors and assigns ofMfaZS, the following described property located in the COUNTY of CUMBERLAND [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOV. which currently has rile address of 219 CLAY ST., ENOLA [StreedCityl Pennsylvania 17025 ("Property Address"): [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, PIERS (as nominee for j Lender and Tender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that F3nrrower is lawfully seised of the estate hereby conveyed and has the gh( to rr.ortgage, giant and convey the Property and that the Property is imencumbcre.d, except for encumbrances of record. Borrower warrant;; and wi'l defend generally the title to tl-1e Property against all claims and demands, subject to any encumbrances of record. -6A(PA) (0508) CHL (90!05) Page 4 of 17 Form 3039 1109 $K 1 995PG33 11, DOC ID 4: 00016813761706007 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. UNTIkORIv1 COVENANTS. Borrower and Lendcr covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Lame Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any, prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be. made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payrnent or partial payment insufficient to bring the Loan aun-ent, .without waiver of any rights hereunder or prejudice to its rights to refuse such payment Dr partial payments in . -lie 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 duc date,, then Lender need not pay interest on unapplied funds. Louder may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not clo so within a reasonable period of time, Lender shall eitluer apply such funds or return them to Borrower. If not applied earlier, such fiends 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 ;ate charge. If more dean one Periodic Payment is outstanding, Lender may apply any payment received from 3orrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in gull. To the extent tLrat 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. Arty 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. -0A(PA) (0506) CHL (10105) Page 5 of 17 Form 3039 1109 iBK 1 995PG33 1 2 DOC ID #: 00016813763.706007 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance prerniums, if any, or any sums payable b), Borrower to Lender in lieu of the payment of Mortgage Insurance premiums ir: accordance with the p_ovisions of Section 10. These items are called "Escrow Items." At origination or at any time during the: term of the Loan, Lender inay require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lendcr waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such 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 Tender 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 pernrit Lender to apply the Funds at. the time spe7ified under RF,SPA, and (b) not to exceed the maximum amount a lender can require under 1ZFSPA. 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. 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 RE-SPA. Lender shall not charge Borrower tiu 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 earrings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess finds in accordance with RE-SPA. If there is a shortage of Funds held in escrow, as defined under R) SPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RE-SPA, but in no more than 12 monthly oayrnents. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify liorro-,ver as required; by RESPA, and Borrower shall pay to Lender the amount necessary to make up the defrcic;icy in accordatce with RESPA, but in no more than 12 monthly payments. -6A(PA) (o508) CHL (10105) Page G o117 Form 3039 1/09 m ?QK 1 995PG33 1 3 DOC ID It: 00016613761706007 Upon payment in full of all sums secured by this Security Instrument, Lender shill promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items arc. L:scrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge ary lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to bender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforce ent of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien ile those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property 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 rn;iintained in the arnouuts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences ektn 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 light shall not he exercised unreasonably. Tender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone rictermination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification- Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents- of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disburscu;ent and shall be. paya?)le, wit i such interest, upon notice horn Lender to Borrower requesting payment. All irsnranee policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall nairic Lender as mortg.cgee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If =am-OA(PA) (05017) CNL (10105) ['ago 7 of 17 Form 3039 1/01 VA995PG3314 Doc ID #k: 00016813761706007 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 as additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall riot 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 o_ not then due, with the excess, if any, paid to Borrower. Such ir:urance proc:: ds shall be applied in the order provided for in Section 2. IT '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 ut notice from Lender that the insurance, carrier has offered to settle a claim, then Lender may negotiate and settle the claim. 1'he 30-day period will begin when the notice is given. In either event, or if Tender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one-year after the (fate of occupancy, -unless Lender otherwise agrees in writing, which consent shall riot 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 destrov, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. -Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender :may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is -6A(PA) (0508) CHL (10105) Pag. 8 of 17 Form 3039 1101 :BK f 995PG33 1 5 Doc ID #: 0001681376.1.706007 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 frtils to perforirn 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 snake 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 riot have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for riot taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender tinder this Section 9 shall become additional debt of Borrower secured by this Security Instrument. "These amounts shall bear interest at the Note rate &orn the date of disbursement and shalt be payable, with such interest, upon notice frown Lender to Borrower requesting payincn.t. It this Security Instrument is on a leasehold, Borrower shall comply with all thu provisions of the lease. If Boriower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. I`Iortgage Tnsurance. If Lender rccuired Mortgage Insurance as a condition of mald:ng 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 -FiA(F'A) (0508) CHL (10105) Page 9 of 17 Form 3039 1109 c> s6K 1 9,95PG33 1 5 DOC ID #: 00016E313761706007 is ultimately paid in full, and Lender shall not he required to pay Borrower any interest: or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Tnsurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payrents 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 Insut.r.rce reimburses Lender (or any entity that purchases the Note) for certain losses it may incur it Burrower do. ,s 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 terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fiords that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result bf these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other- t.errns 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. ( h) Any such iggreements will not affect the rights Borrower has - if any - with respect to the Mortg:r_c Insurance under the I-lorneowners Protection Act of 1998 or any other law- These rights may ineludo the right to receive certain disclosures, :o request and obtain cancellation of the Mortgage Insurance, to have tl:e Mortgage Insurance terminated automatically, and/or to receive a refund 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 shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. if the restoration or (y - -6A(PA) (0508) CHL (10105) Pilo,: 10 of 17 Form 3039 1/01 BK.t 995PG33 1 7 DOC ID #~: 00016813761706007 repair is not economically feasible or Lender's security would he lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then duo, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. 1n the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall he applied to tl:c stuns secured by this Security Instnunent, whether or not them due, with the excess, if any, paid ::o I3orrower_ In the evert of i partial taking, destnict_on, or loss in value of the Property in which the fair market value of the i'ropcrty immcdiatelybefore the partial taking, destruction, or loss in value is equal to or greater than the ambuut of the sums secured by this Sccu:ity Instuement immediately before the part'.al taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be rcciuced by the amount of the Miscellaneous Proceeds multiplied by 'the following fraction: (a) ttte totaF amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) fhe fair market value of the Property immediately before tSrc 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 Properly in which the fair market value of the Property irrunediately before the partial taking, destruction, or loss in value is less than flit amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless I3orrower 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 arc then due. If the Property is abandoned by I3orrower, or it; aficr notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous I'rocceds either to restoration or repair of the Property or to the sums secured by this Security Instrunent, whether or not then dt;e. "Opposing Party" means the third party that owes I3orrower Miscellaneous Proeeec{s or the party against wlwm Borrower has a right of action in re,pard to Miscellaneous i'rocceds- F3orrower shall l:e iaz default if any action or procceciing, whether civil or criminal, is begun that, in Lenclcr's judgment, could result in forfeiture of the Property or other material impairment of Lender°s interest in the Property or rights under this Security Instrument. I3orrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section I9, by causing the action or proceeding io be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of bender's interest in the Property pr rights under this Secttrity Instrument. 1'he proceeds of any award or claim for damages that are attributable to dze impairment of Lender's interest in the Property are hereby assigned anti shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall he applied in the order provided for in Section 2. ]2. Borrower Not Released; 1~'orbcarance 13y bender 1~'ot a Waiver. >rxtetzsion o!' the time for payment or modification of amortization of the sums .Secured by this Security Instrument granted by Lander to Borrokcr or any Successor in Interest of Borrower shall nut operate to reIcasc ~1zc liability ofBorrower or any Succes:;or;~ in Interest of Borrower. Lender seal] not bo required Co commence proceedings against any Successor in Interest of I3orrower or trx refirse ca exrer.d time for payment or ot}zcrwise modify amortization of the sums so cured by this Security Instivrneezt by reascn of auy demand made by the original I3orrower or any Successors in Interest of I3orrower- Any i'orbearuzce by Lender in exercising any right or remedy includixcg, without limitation, Lender's acceptance of puyrnents front third persons, entities or Successors !in Interest of -6A{PA) (05oa) CNL (10/05) Pat3a i i of 17 Form 3039 i/Oi d :Blt ! 995PG3~3 18 DOC ID ~#: 00016131376170h007 Borrower or in amounts less than the arnozmt 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. Bonowcr c:ovcnant_s and agrees that Borrower's obligations and liability shall be joint and several. FSoweve.r, any Borrower who co-suns this Security Instnrment but does eat execute the Note (a "co-signer"): (a) is co-signing, this Security [nstr~rmcnt only to nu rtl;age, 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 Uxe sums secured by this Security Instrument; anct (c) agrees that Lender and auy other Borrower can agree to extend, modify, i.'orbear or make any accommodations with regard to the terms of this Security Instrument or the Nofe without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations ender this Security Instrument in writing, •and is approved. by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. $orrower shall. not be released from ]Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. 'I'lxe covenants and agreements of this Security Instrument shall bind (except as provided in Section 7.0) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services pcrfonned in connection with Eiorrowcr's default, for the purpose of protc,cting bender's interest in the Property and rights under this Security Instrunrcnt, iuchrding, buC not limited to, attorneys' fees, property inspection and valuation fUes. In regard to any other f~cs, the absence of express authority in this Security Instnrment to charge a specific fee to L3orrowcr shall not be construed as a prohibition on t!re charging of such fee. Lender rnaty not charge fees that arc expressly prohibited by this Security Insh7mment or by Applicable Law. If''hc Loan is subject to a law ~vlrich 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 witlti the Loan exceed the permitted limits, then: (u) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limi'; and (b) any sums already collected fiom Borrower which exceeded permitted limits will be refiu:ded 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 rcfimd reduces principal, the reduction wild be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment tv Borrower will constitute a waiver of any right of action Borrower migFxt have arising oixt of such overcharge. 15. jVotices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by fast 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 ztnless Applicable Law expressly requires otherwise. 'Thu notice address shall be the Property Address unless Borrower has designs ted a substitute notice address; by notice to Lender. Borrower shall promptly notify Lender of Borower's change of address. Tf Leander specifies a procedure f'or reporting i3orrowe:r's change of address, than Borrov~cr shall only report a cirangc of address through that specified procedure. There may be only one designated notice address under this Security Instn:ment at any one time. Any notice to Lender shall be given by delivering it or by mailing it by fTirst class mail to Lender's address stated herein unless Lender has desi)nated another address by notice to Bonowcr. Any notice in connection with this Seazn•ity Instnunent shall not Ue deemed to have been given to Lender until actually received by Lender. If any notice required by ~~ -6A(PA) (0508) CHL (10105) Pac}tr 72 of 17 Form 3039 1101 '~K l 995PG3.3 1 9 DOC ID $# c OOOlfi8137fi17O6OO 7 this Security Instrun;cnt is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Secr:rity Instrument. 1G. C;overning l.aw; Severability; Rules of Construction. This Security Insinunent shall be governed by federal law and 4te law of the jurisdiction in which tYte Propcriy is located. All rights and obligations contained in this Security Instrument arc subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the panties 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 arty 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 Instruument: (a) words of the masculine gender shall rne;an and incIudc 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. I7. Borrower's Copy. Borrower shall he given one copy of the Note and of this Security ]nstiumertt. I8. 'T'ransfer of the T'roperty or a Renefici,tl Interest in Borrower. As used in this Section 18, "Interest irr the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond fi>r decd, contract for deed, installment sales contract or escrow agreement, the intent of which is the tr.3nsfer of title: by Borrower at a future data to a purchaser. Tt' all or any pa; t of the Property or any Interest in tktc Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borro~~cr 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. 1-Iowcver, this option shall not be exercised by Lender i#'such exercise is prohibited by ~.pplicable Law. Ifs Lender exercises this option, Leader shall give Borrower notice of acceleration. The; notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sores secured by this Security Ixtstrurnent. If Borrower fail; to pay these sums prior to the expiration of this period, Lender may invoke any remedies petTniitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, I3orrowcr shall have the right to have enforcement of this Security Instnmtent discontinued at any time prior to the earliest o£ (a) five clays before sale oi' the Property pursuant to any power of sale contained in this Security instrurrn:nt; (b) such ether period as Applicable Law might specify for the ternunation of Borrower's right to reinstate; or (c) entry o£ a judgrnc;nt cnforciug this Security Instrument. Those conditions arc that Forrower: (a) 1;ays T,ende:~ ali s.rrns which then. would be ciuc under this Security lnshwnent and the Note as if no acceleration ha<i occurred; (b) cures any defaulf o#' any other covenants or agreements;, (c) pays all expenses incurred in enforciaL this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection ,:nd valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instnunent; and (d) takes such action as I.,encier may reasonably require to assure drat Lender's interest in the Property and rights under this Security Instntment, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchemged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; {b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an instihttion whose deposits are insured by a federal agenry, (~j -6A(PA) (o5oa) CHL (90/05) Paga 13 of 17 Form 3039 9f09 0 ;BK ! 9g5PG332E1 DOC ID #~ _ 000]-6F313761.706007 instnxmcntality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instnrmcnt and obligations secured hereby shall rcrnain fully effective as if no acceleration lead 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; 1\rotice of Grievance. 11xe Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower, A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and perforrns other mortgage loan servicing obligations under the Notc, this Security Instrtxrrtent, 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 payrlents should be made and any other information RESPA requires in conne:ciion witlx a notice nP transfi;r of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer otlrcr than t}te purchaser o;'the Note, t}re mortgage loan servicing obligations to Borrower will. rcrnain with the Loan Servicer or be.trans;i;rted to a successor Loan Servicer and are not assumed by the ]Vote purchaser unless otherwise provicicd by the Note purchaser. Neither Bon'otx~cr 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 taut the other party has breached any provision af, or any dc.ty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (wish such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded $te 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. ] 8 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 7.1: (a) "Hazardous Substances" are those substances defuicd as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline- kerosene, other flammable or toxic petroleuzn products, toxic pesticides-and herbicides, volatile >olvents, irat~rials containing sshestos or fbrntaldehyde, and radioactive xatcrials; (b) "Envh'onrnental Law" means federal laws an :laws of the •jurisdiction where t]_c Property is located that relate [o health, safety or environmental protection; (c) "Environmental Clearnxp" includes any response action, rcznedial action, or removal action, as definer izx nvironmental Law; and (d) an "Fnvronmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of airy Hazardous Substances, or threaten to release any Hazardous Substances, ou or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any T;nvironrnental Law, (h) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage an the Property of small quantities of }3azardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). -6A(PA) (o:ictr) CHL (10lO5) P.,~c ~4 of 17 Porrn 3039 1/01 Bf(I 995PG33z E~ DOC III ~{': 0001.6~813'7Eia%06007 1orrower shall promptly give Lender written notice of (a) any investigation, claim, demand, Iawsuit or other action by any governmental or regrrIatory agency or private party involving the Property and any Iazardous Substance or Environmental Law of which Borrower has actual knowledf;e, (h) any lnvironmental Condition, inchrdirzg but not limited to, :my 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 regu]atory authority, car any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Tiuvirnnmental T,aw, Nothing herein shall create any obligation on Lender for an Environmental Cleanup. I~"ON-UNIPOIZM COV1iNANTS. 13orrowcr and Lender lurther covenant and agree as follows: 22. Acceleration; Remedies. bender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in dais Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). i.ender sl'aaII notify Borrower of, among other things: (a) the default; (tr) the action required to cure the default; (c) when the default must be cared; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borr~ovver to acceleration and foreclosure. If the default is not cured as specified, Lender ut its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. bender shalt be entitled to collect ttll expenses incurred in pursuing the remedies provided in ibis Section 22, including, butt not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable I,aw. 23. 12elease. Upon payment of all. suers secured by this Security h[strument, this Security Instnrment and the esrctu conveyed : hall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security instrument. Borrower shall pay a:ry recordation costs. bender may charge Borrower a fee for releasing this Se~;urity Instrument, but only if The fee is paid to a third party for services rendered and the chargin}; of the fee is permitted render Applicable Law. 24. Waivers. 13on-ower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce fhis 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 :end sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to flee commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instnunent. 2G. Purchase Money Mortgage. If any of flee: debt secured by this Security Instrument is lent to Borrower to acquire title to tyre Property, this Security Instnrment shall he a purohase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be flee rate payable from tune to time under the Note. -NA(PA) (0508) C:HL (10/05) Paris 15 of S7 Forrn 3039 1/01 e~ :~K ! 995PG3322~ DOC ITS # : 000168137E~1706007 R'4' SIGNING i3ELOW, F3o~rower accepts and agrees to the terms and covenants co:xrained in this Security ]nstruntent acid itx any Rider executed by Borrower and recorded with it. JOHN W . KI'CHMIIN JR rte" (Seal) -Borrower - (Seal) -Borrower _- (Seal) -iorrower -(Seal) -Borrower -6A(PA)-(05oti) CHL (10!05) Pa0o 76 of'17 Form 3039 1101 ~Bl(I 995PG3323 i noc :In ##: oooi~ais7as_~o~ao~ :OMMONVVl•;AI.7'It OF PENNSYT.,VANIA, Lebanon County ss• On this, the 5 t:-h day of June 2 U 07 ,before me, the undersigned oiTicer, pJohn [ly app~iern , known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WIIERF:OF, I hereunto set. my hancl~+ ny Commission Rxpires: ' ~, _ - ', COMM__ONWEALI I-i OF PENNSYI.V/~NIA ' Nctari~il Soal 'I'i ttc j Shid A. K(cY rnan, Notary Public West Comwa{ITwp., Lopanon County My Ccxnmisslon'._xplros Feb. 99, 2009 ~ Mombor, Ponnsvtvania Assocfatlon of Notaries 'r C~~rtiGcat of IZ~~~sidence_ h-- 1t~~,~1-({(~ ~j~~/ ~ _~~ ___ _ _ , do hereby certify that ht :correct aelilress c? he. within-nam ortgagce is i'.U. I3ox 2026, hlinr, MI 48501-20?_6. Witness; uty hand this ______.~'~~ _ . __ _ day of ~~n~ . -`__ ~~ ~` ~'---~ / ~ ------ Agent of Mort~~ger. R~ -6A(PA} (0506) CHL (90/05} F';rc3e 17 of 17 l=oan 3039 1/09 eo 'B1~ ! 995PG3324~. 1. -4 F1IMILY RIIa1R (Assignment of Rents) After Recording Return To: COUNTRYWIDE HOMF_. LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410--0423 PARCEL ID ~~ Prepared By: ESTH73R GIZ~:II~ILS 00016813761706007 [Doc Lll ~k] MULI-(STATE 1 - -i FAMILY RIDER -Fannie fi1ae/Freddie Mac UNIFORM IN3TRUME.NT Page 1 of 5 ~~ -57R (0411) CHL (11/04)(d) InitialsJt~ VMP Mortgage Solutions, Inc. (800)521-7291 Forrn 3170 1/01 Igd1911~III~IIIIIIr011 IIII~IIIiIIII~IINIIIIIIRIRVIIAIIIIIVI!IIgVn~III011aVllll I Illllq .~;{ l 995PG3325 ~, DOC T~ #~: 000168137E1706007 THIS 1-4 FAMILY RIDER is made this F'IF'TH day of JTJNL, 200 7 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to CounCrywide Home Loans, Inc. dba America's Whole:aale Lender (the "Lender") of the same date and covering the Property described in the Security ln:;trument-and located at: ?.19 C7,AY S T . , ENOLA , PA 17 0 2 5 [!='roperty Address] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and tender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUriTENT. In addition to the Property described in the Security Instrwrent, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, grater heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, aftac:hed mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security lnstrurnent. All of the foregoing together with the Property desc;ribed in the Security Instrument (or the I~asehold estate if the Security Instrument is on a leaseho'd) are referred to in this 1-4 Family Rider rand tho Security Instrument as the "Property." B. USE OF F=ROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or makr~ a change ir_r the use of the Property or its zoning classification, unless Lender has agreed in writing to the rhange_ Borrov/er shall comply with all laws, ordinances, regulations and requirements of ~u~y govornmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not aNow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Sertion 5. Initials:_~~ ~~_ ~~-57R (0411) L'HL (11/04) Page ?_ of 5 Form 3170 1/01 BK 1 995PG~332.5 T7OC ID j~: .000168:1.3'76:L70600 E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrawer shall assign to Lender ~:;II leases of the Property and a'4 security deposits made in connection with leases of the Propo~ty. Upai the assignment, Lender shall have the right to modify, extend or terminate the existing leases anc' to execute new leases, in Lender's sole discretion. As used in this paragraph G, the wor;i "lease" shell mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absoh~tcly and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Dents of the Property are payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lander has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignrrrent of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower; (i) all Rents received by Borrower shall be held by Borrower as trustee for fhe benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shad be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable faw provides otherv~ise, all Rents collected by Lender or Lender's agents shat! be applied first to the costs of taking control of and managing the Properly and collecting the Rents, including, but not limited to, attorney`s fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v} Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only chose Rents actually received; and (vi) Lender shall be: entitled to have a receiver appointed to take possession of and manage the Property and collect the: Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. if the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prioi° assignment of the Rents and has not performed, and will not perform, any act that would pry^vent Lender from exercising its rght:; render this paragraph. Qy~-~~57R (0411) CHL (1'1104) Page 3 of 5 Forrn 39 70 9 /09 BK 1 ~95PG3327 A' ~ DOC x17 #: 0001681376170h007 Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control cf or maintain the Property before or after giving notice of default to Borrower. However, 1_ender, or Lender's agents or a judicia,ly appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default or invalidate any other right cr remedy of Lender. 'C-his assignment of Rents of the Property shaft ten~ninate when all the sums secured by tt:e Security lnstrurnent are paiU in full. I. CROSS-DEFAULT PROVtSIOf~t. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security instrument. I n itials~ ~~ -57R (0411) CFiL (11/04) Page 4 of 5 Forrn 3170 1101 BK 1 9g5PG3328' . ~ ~~ DOC ID ~: 00016£313"761'706007 BY SIGNING BELOW, Borrower accepts and agrees to fhe terms and covenants r_ontained in this 1-4 i=amity Rider. JOHN W. KTCHMAN JR '~~ -57R (0411) CHL (11/0.4) Page 5 of 5 -Borrower -------- - (Seal) -Borrower _.... -- ----- -- (Seal) - Borrower -_-___ ~._~ (Seal) - Borrower Form 3170 1/01 i Certify this to be recorded. in L-'uniberl~.nci. Couiaty PA 3~~~ordc:r of T_?e:eds 6K 1 995PG3329~ , i it I ~ Y ~ F EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in the East Pennsboro Townshi;~, County of Cumberland and State of Pennsylvania, being Lot No. 3 in Martin's Addition to West Fairview, more; particularly bounded and described as follows, to wit: ~' BEGINNING at a comer on Clay Street and Lot No. 4 of Martin's Addition aforesaid; thence along said Loy i l ,. 4 and through the center wall of a pair of flume houses, 130 feet to a drive alley; thence westwardly along the s ~~them line of said al]-~y, 30 fce~t to ~ lot of Land No. 2 on said Plan; thence southwardly along line of Lot No t , "1,,130 feet to Clay Street; thence along the norther:z line of Clay Street in an east`vardly direction, 30 feet to a pair, thePI3ce ofBEG]~NING. FIAVING THEREON ERECTED a two and one-half story frame dwelling known as No. 219 Clay Street, West Fairview, Pennsylvania. BEING THE SAME PREMISES which Keith A. Putt, by deed dated May 31, 2007 and to be recorded simultaneously herewith in the Cumberland County Recorder of Deeds Office, granted and conveyed unto John W. Kichman, Jr., mortgagor herein. Bh' 19~5PG~350. EXHIBIT "C" ~.1 unt~yw~ a°. HOME LOANS Y.O. Box 660694 Dalla_a. 7X 752Fifi-0694 John ~%v Kichman 801 i3U i LER PIKE MERCF F2, PA ^6137-5653 Send Payments to: P.O. Box 660694 Dallas. TX 75266-0694 01/03/2009 Account No.: 16b1376T7 Property Address: 219 Clay St. Enola, PA 1702:1 Current Servicer: Countrywide Horne Loans Servicing 1_P ACT 91 NOTICE TAKE ACTION TO SA-VE `1~0 U R F~I C~ M E F RO N7 FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific rnformatron about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notrce explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The names, addresses and phone numbers of Consumer Credit Counseling Agencies serving your County are listed at_ the end_of this Notrce. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1_80.0-342-2397. (Persons with impaired hearing can call 1 717 780 1869). This td<~tice contains important legal information. If yot. have any questions, representatives at the Consumer Credit :ouns.c ling Agency may be able to help explain it. You may also want to contact an alaorney in your area. The local bar v.s:;ciation may be able to help you find a lawyer. LA UCH IFICACION EN ADJUNTO ES DE SUMA IPIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN S.: CASA. SI NO COMPRFNDE EL COtJTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEU'ATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMEF?O MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PA RA 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 HIPOTEC;A. HOMEOWNER'S NAME(S): John W Kichman PROPERTY ADDRESS: 219 Clav St. Enola, PA 17025 LOAN ACCT. NO.: 168137617 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Countrywide Home Loans Servicing LP HOMEOW'NER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU IA'1Y BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP l OU MAKE FUTURE h10RTGAGE PAYMEN-r5 t ~ wnt ~ _i... i ,. -t - III ~he t ~ f i ~.. , 'N.' r :y cF:~rc7e ynu .a l., . Rr y i , y. r,n eh r i~ i ~r ~.L.:1 I.y y fna ~~isl ~ tut ->>, au ~~ ;I to nupl~- ,ble law. Account Number: 168137617-L Make your check payab a to Countrywide Home Loans John W Kichman Balance Due for charges listed above: 51 ,895.63 as of npril 3, 7009_ • Write your account number on Q19 Cla St. Y your check or money order vro,a,o apna~~e :::-~n,,a ~ni~,nn:u~~~~, .n one>oeur~, ~~ne ,.. ,,,, ~:,-~..i.~~~,. • 'Nrite in any additional amounts you are including (If total is more ,^,~yd~enn:,i than $5000, please send certified rr~nn~rai check) e~~ar~n i • Dont attach your check to the payment coupon ~.ad~wnai DonY include ccxrespondence e scrow Dont send cash Countrywide PO E30X 660F94 mier L)allae;, lX 1`~i66-06x4 ~ t<.Y r ~.x.~. II„JJ,I,,,I.III„Ji..II..,~:I~,I,I,.J,,I1,1,~~1,~1„I III„~I ~l~ r I , 16~3137617z00000189563000189563 IF YO J COMPLY WITFI THE= PROVISIONS OF TEIE HOMEOWNER'S EMERGENCY MOIRTGAGE ASSISTANCE ACT OF 198s (1 HE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOlJ~2 DEFAUI_r HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOIJ HAVE A REASONAE3LE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE- PAYMENTS, AND IF YOI; MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for Thirty (30) days from the date of this Notice. During that time you must an~ange and attend a "face-to-face" meeting with one of the consumer a~edit counseling agencies listed at the end of this Notice. THIS MEETIiNG MUST OCCUR WITHIN THE NEXT THIRTY (301 DAYS. IF YOU DO NOT APPLY FOR E=MERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING) YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. --- CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit: counseling agencies listed ~.f the .rc of thl ; notice, the lender may NOT take action against you for Thirty (30) days after the date of this meeting. 1 hl: narnee, ~ddrE a5r>, and telE,t:F~one number of dPSian~atPd c-onyurnPr credit Doan ~Plina agnncies For the couniv in which 'he ~>, IOPCr~ is located are et forth at the end of this Notice. Ir is only necessary to schedule one facet-to-face meeting- Aavse your Icrr:er irnme~.iatelV cf your intentions. APPI_C:ATION FOR MORTGAGE ASSISTANCE - Yrr.,r motgage is in default for thct reasons set Yorth later in this Notice (see tollo!vin , payee, tl>r specific ~~r~forrnation about the mature eP your default.) If you have tried and are unable to resolve this problem with the bander, you have the right to apa'y for t'nancial assistance from the Iiomeowner''s Emergency Mortgage Assista-Ice F'rog~ain. to do so, you must till out, sign and file a completed Homeowner's Emergency Assistance Progrtrn 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 I lousing Finance Agency. Your application MUST be filed or postmarked within '~~ hirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOIf 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. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbut~~ed by the Agency under [he eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make ;t deci,ir)I after it receives your application. During that. time, Ito foreclosure proceedings will be pursued against you if you tlt:vr~ rnet tf c dime reruiremenis se= forth above. You will be no~ified directly by the Pennsylvania F ious',ng Finance Agency of itr: ie~ci-,h~l on your~~^;plica:ion_ NOTE: IF YOU ARE CURRF_NTLY PROTECTED E3Y THE FILING OF A PETITION IN BLt,NKRUPTCY, THE FOLLOWING PART ~f= THIS NOTICE IS FOR INF=ORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEI~IF'T TO CC>LLECT TEiE ^EBT. (If you have' filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 219 Clay St. Enola, PA 17025 IS SER'OUSLY IN DEFAULT because YOU 1AVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are nr,~v past due Monthl,~ Charges: I_ale C_'t.a-des: Other L~Ite Charaes~ 02/01/2009 02:01/2009 Total Late Charges: Uncollected Costs: Partial Payment F3alancca: TOTAL DUE: Email use Pro:~iding your^,-mail address bebw will allow us to send you information nn your account. Account Numx--_ 168137617 John N.' K<hr~e~ > C-mail address $1 ,72~.~F0 $~3.3Fi $107.85 .120.00 ($0-00) - -$9,895.63 How wo post your payments. All acreptod :><lymnnt:; of principal and interest will be a,~nlled to tt~e ton ,nst outstanding installment due, unless oche rwise expressly prohibited or lirn i[eC by law. II you se.bmi[ an amount m addition to your scheduled monthly arrrount, we will apply your F>ayrnents as follows- (i) to outstrnndiny monthly payments of pnncirv,l and intemst. (i) escrow dofrie nrios, (iii) IHto :h;ln;es and other amounts you owe in mnnertion with your lain and (iv) [n reduce the outsanding princiryll t>,ala nee of your lo:,n_ please specify if you want an additional amount applied to future payments, rather than princirx,l reduction. Postdated checks: Countrywide's ;x~licy is to not accept postdated checks, unless specif i~.z,lly agreed to by a loan a~unselor or technician. YOU HAVE FAILED TO TAKE l-f-iE FOLLOWING ACTION Lo not_us~ ifi not_af;plical?Ic)) HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,895.63, PLUS ANY MORTGAGE PAYMENTS AND LATE: CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payrn~_i ~ts must be made either by cashier's check co r,ified check or money order made payable and sent to: Court y~wide a? P.[>_ Box 6FCE: ~~, Dallas TX 7576Fi 0644 You c;~~; cure any other defau t by takinc tt Eicz lollowi~:~q action within TI iIR1-Y '30) DAYS of the date r;f Yhis letter_ (Do not use if not rte:; i ;able IF YJU DO NOT CURE THE DEFAULT - If you do n.~t cure the default within THIRTY (30) DAYS of the date of this Notice. the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this deEit will be considered cue immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due-; is not made within TI iIRTY S30) DAYS. the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged 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 bet ore 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 proceedings 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 (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due undcu ,t c' mortgage. RIG!t": TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) I )A`~ period nd fore_;louvre l;rocecadinys have begun, you still have the right to cure the default and prevent the sale at any time up io one ! iour~ befog a the Sheri'f's Sale. You may do so by paying the total amount then past due, plus any late or other changes then c~..a, reasonr~blc atlorn«~y's fees and costs connected with the foreclosure sale and any other costs connected with the She~iiY:- Sale as specified in vdriting by the lender anc by peiforrning any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defau Ited. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the, act.a~,l date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase tnc longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name cif Lender: Countrywide Home Loans Servicing LP Add yes _ P. O. Box GG0694 Dallas, TX T5266--0694 Phony ~umbcr: 1-800-GG9-GG54 Fax N i.nbcr: 7-805-_577-3432 Cont_ac_:_Per=.on_ !/IS PTX-36 Attention: Loan Counsc/or EFFEC (" OF SHERIFF'S SALE -You should realize ?h~af a Sheriff's Sale will c:nd your ownership of they mortgaged property and your riclht to occupy it. It you continue to live in the property after the Sherift's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may 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 pric;r to or at the sale and tha' the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY Of=F THE MORTGAGE DEBT OR TO BORROW MONEY FRC)M ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. t~0 I il~.~'E THIS DEFAULT CURLD BY ANY f HIRD PARTY ACTING ON YOUR BEHALF. r0 I l~,''1= THE- MORTGAGE RESTORED TO THE SAME. POSITION AS IF NO DEFAULT E-IAD OCCURRED. IF YOU CURE f I II I: f I AUI ( IOVVI VE {:. YOU ! X) NOI I IAVI- I I IIS R C=,Fi I TO CURL= YOUR DE=1=AU1 T M0121 THAN TFiF2FE~ TIME-S IN ;ANY C~r.l ! =N1 )AR ~'f-AR.; - c'~1, ~1.5 I~fl~f,'1 I O ,~'\S:;I_R I 1 ~ If NONE-XIS I f'NCE Of fV DI _IAUI-I IN ANY FORECLOSURE F'ROCI=EDING OF2 f1NY OBI-IER I f~WSUI NS ~ I ~ J fE.C) UNI )I F2 f I iE MORTGAGE DOCUMEN l~S_ ~O ~~;_; E=RT ANY C)THER DEFENSE YOU BELIEVE= YOU MAY HAVE TO SUCH ACTION B`( THE L.E=NDER. I O SL I K F'ROlI CTION UNUER TF-IE FEDERAL BANKRUPTCY l_AW. Your loan is in default. Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (i) observe the physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the properly, and valuation services) may be taken. The costs of the abovetlescribed inspections and property preservation efforts will be charged to your account as provided in your security instrument. If you are unable to cure the default on or before May 3, 2009, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure ..^,ale of your property. For example: Repayment Plan: It is possible that you may be eligible for Borne form of payment assistance through Countrywide. Or_r birsic plan m~tuires 'hat Crluntrywiriea receivrt, up front, at least '/•,~ cif fhe arnounl necessary to bring the account current, arn.i th<r' the balance o1 the overdue .IrnounC be paid, along with the regular monthly payment, ovr~r .3 de~in~~cJ per'~cd c. irne. Other repaayrnen•. pans a so are available. • Loan f.~lodiflcaticrr~ Or. it is possible fhat thr~ regl lar monthly payments can be lowered through a modification of the loan by rech.rcing the interest r~~e anc then addinrl the delinquent payments to the current loan balance. Iris foreclosure alternative, however, is limited to ce~tain loan types. • Sale of Your Pr~~per-ty: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your borne can be approved throh~gh Countrywide even if your borne is worth less than what is owed on It. • Deed-in-Lieu: Or, if your properly is free from other liens or encumbrances, and if the default. i s due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholders and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately. If you request assistance, Countrywide will need to evaluate whether that assistance will be extended to you. In the meantirno. Countrywide will pursue all of its rights and remedies under the loan documents and as permitted by law, unless it agrees other~n~i~.e in writing. Failure to bring your loan current or to enter into a written agreement by Niay 3, 2009 as outlined above ~roi I result n the acceleration of your debt. f ime i ; cif the essr~rce. If yo~,, have any questions concerning this notice, please contact Loan Counseling Center immediately at ~-fiUt -669-6f~`;4. C(~~lSiJMIc;l2 C12hll1"1 C(~IJNSICLING AGI?NCIF,S SERVING YIJUIi COUNTY <.VIYI~LKLHNU I.VUN I Y Adams County Interfaith Housing Authority 40 E Fligh Street Gettysburg , PA 1 7325 717.334.151 8 CCCS of Western PA 2.000 I inglostown Road Harrisburg, PA 17102 f3F36.51 1 .2227 Community Action Commission of Capital Region 1 514 17erry Street I larrisburg, PA 17104 71'/.232.9757 Loveshi p, Inc- Maranatha PHFA 2320 North 5th Street 43 Philadelphia Avenue 211 North Front Street Harrisbtrg, PA 17110 Waynesboro, PA 172Fi8 Flarriburg, PA 17110 717.23:'. 1207 717.762.3285 71 2780.3940 800.3422397 McCAB>{;, WI;ISBF,RG & CONWAY, P.C. BY• AI~llRF,W L. 11:~1RKOWIT%, ESQUIIth; Identification No. 21)09 12:3 South Broad Street, Suite 2030 Philadelphia, Pcnnsvlvania 19109 (2I S) 790-101.0 I3AC HOME LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintii'I~ ~~s. JOl1N W. KICHMAN, JR, Defendant Attorncv for Plaintiff COIJR"I' OF COMMON PLEAS 01~' CUMBF,RLANI~ COUNTY Number: 09-4193 CIVIL: "fF,RM CER1'IFICATI+~ OF Sh;IZVICI+: I, ANDREW L. MARKOWTI'Z, };squire, attorney for Plaintiff, hereby certify that a true and correct copy ~-l~the ~~~ithin ~~mcrdcd Complaint was served on the below party on the 1 ~`~' of August. 2009 by the United States mail, first class: John W. Kichman, Jr. 801 Butler Pike, HM-0735 Mcrccr. PA 16137 D~',~I~H:: August, 1 ~l. 2009__.. 7Fi~ , ,~T;4~,"~~}~~ Z~u9 ~~;`~' f 7 Phi !2~ ~ 5 ~. ,~ #~ BAC HOME LOANS SERVICING, LP IN THE COURT OF COMMON PLEAS OF f/k/a COUNTRYWIDE HOME LOANS :CUMBERLAND COUNTY, PENNSYLVANIA SERVICE LP, : PLAINTIFF V. JOHN W. KICHMAN, JR., DEFENDANT 09-4193 CIVIL TERM IN RE: PRELIMINARY OBJECTIONS OF DEFENDANT TO PLAINTIFF'S AMENDED COMPLAINT BEFORE BAYLEY. J. AND EBERT. J. ORDER OF COURT AND NOW, this ~4 day of November, 2009, the preliminary objections of defendant to plaintiff's complaint, ARE DISMISSED. Dale F. Shughart, Esquire For Plaintiff ~n W. Kichman, Jr., HM-0735, Pro se 801 Butler Pike Mercer, PA 16137 sal l~p l ~S' ~,~ l l~~ //~,31j~(~~ -~ ,,..,,, ~,ir Ti ,r ~?,,;,.= . ' ;TAR 20~g &b~`~ ~t~ :E~~ I~~ 2 l.t : r.V ? f i~l~l~.~it"i`~t„~~ cJi~ Tic Pn;T~ t't0!~l~Y McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP Attorney for PlainQ ~~~ -~ Pty ~: ~5 c~4r~ ~ ~~ur~ t-'t-'F 4~ ~ ~`, `J CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. No. 09-CV-04193 JOHN W. KICHMAN, JR. Defendant PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP (hereinafter referred to as "BAC HOME LOANS"), by and through its attorneys, McCabe, Weisberg & Conway, P.C., now moves this Honorable Court, pursuant to Rule 1035.2 Pa. R. C. P., for summary judgment in its favor and against defendant JOHN W. KICHMAN, JR., and in support thereof alleges as follows: 1. Plaintiff BAC HOME LOANS is a limited partnership duly organized and doing business at 1800 Tapo Canyon Road, Mail Stop # SV-103, Simi Valley, CA 93063. 2. Defendant is the last record owner and mortgagor of the mortgaged property at 219 Clay Street, Enola, PA 17025. 3. On June 5, 2007, defendant made, executed, and delivered a mortgage to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee and agent for COUNTRYWIDE HOME LOANS, INC. d/b/a AMERICA'S WHOLESALE LENDER upon the above premises, which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1995, page 3308. A copy of said mortgage is attached hereto, made a part hereof and marked as Exhibit "A". 4. The premises encumbered by the subject mortgage is all that certain real property and improvements in East Pennsboro Township, County of Cumberland and State of Pennsylvania, being known as 219 Clay Street, Enola, PA 17025, and being more fully described in the mortgage attached hereto as Exhibit "A". 5. Also, on June 5, 2007, defendant executed and delivered to COUNTRYWIDE HOME LOANS, INC. d/b/a AMERICA'S WHOLESALE LENDER a Promissory Note, whereby defendant promised and agreed to pay to COUNTRYWIDE HOME LOANS, INC. d/b/a AMERICA'S WHOLESALE LENDER the loan amount of $63,600, plus interest, in 360 monthly payments of $433.86 each commencing on August 1, 2007 and continuing on or before the 1 st day of each succeeding month with a final payment due on or before July 1, 203 7. See Exhibit "B." 6. On May 18, 2009, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee and agent for COUNTRYWIDE HOME LOANS, INC. d/b/a AMERICA'S WHOLESALE LENDER assigned all of its right, title and interest in the aforesaid Mortgage to BAC HOME LOANS SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, by Assignment of Mortgage duly recorded in the Office for the Recorder of Deeds in and for Cumberland County as Instrument Number 200932617 and attached hereto as Exhibit "C". 7. On June 22, 2009, plaintiff commenced this action by the filing of a complaint in mortgage foreclosure. 8. Thereafter, defendant responded to Plaintiffs Complaint by the filing of Preliminary Objections, and on August 17, 2009 plaintiff filed its First Amended Complaint. A copy of the Amended Complaint is attached hereto, made a part hereof and marked as Exhibit "D". 9. On September 8, 2009, defendant filed Preliminary Objections to plaintiff's First Amended Complaint and on September 22, 2009, plaintiff filed its Answer to defendant's Preliminary Objections to plaintiff's First Amended Complaint. 10. On December 1, 2009, the Court entered an Order dismissing defendant's Preliminary Objections to Plaintiff's First Amended Complaint. 11. On December 28, 2009, defendant filed an Answer and New Matter to plaintiff s First Amended Complaint. (See Exhibit "E") 12. On January 5, 2010, plaintiff served on defendant a Request for Admissions (See Exhibit "F"), and as of this date defendant has failed to respond to such Request for Admissions. 13. Additionally, on January 12, 2010, plaintiff filed a Reply to Defendant's New Matter (See Exhibit "G") 14. On Apri13, 2009, Plaintiff sent notices to defendant under Acts 6 and 91. See Exhibit "H". 15. The Complaint, and Affidavit of Felisha Jackson, plaintiffs Litigation Specialist attached hereto and incorporated into this Motion, as Exhibit "I", sets forth the exact amount that defendant owes to plaintiff, and defendant has not come forth with any supportable information to rebut this allegation. 16. The payment history and Promissory Note evidencing the interest charged to the defendant are part of Exhibit "I" and are likewise unrebutted with any supportable information. (See Exhibit "I"). 17. 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 purchase at Sheriffs Sale. 18. All procedural local, state, and federal rules, regulations, and laws with respect to mortgage foreclosure have been complied with by plaintiff. 19. There are no issues of material fact remaining, and plaintiff is entitled to summary judgment on its mortgage foreclosure action against defendant. WHEREFORE, plaintiff requests this Honorable Court grant summary judgment in Mortgage Foreclosure in favor of plaintiff BAC HOME LOANS and against defendant JOHN W. KICHMAN, JR. and enter judgment against defendant in the amount $71,100.29, together with interest at the rate of $12.62 per diem from February 27, 2010 to the entry of judgment, plus costs and interest from the date of judgment as provided by law and for such other and further relief as the Court shall deem to be just and proper. Respectfully submitted, McCABE, WEISBERG ~ONWAY, P.C. BY: ANDREW L. MAIWITZ, ESQ. Attorney for Plaint' f EXHIBIT "A" k~i. ~a~aa~ a - -. :~ • - :: ~ •~. ~~ ~~ •. ~0©T ~U~ ~ Z ~~ 10 5~ Prepared By: ESTHER GREAVES Countrywide Rome Loans, Inc. dba America's Wholesale Lender 1210 NORTFIBROOK DR.#300 xREVOSE PA 19053 Phone: (215) 322-3700 ARer Recording Return To: COL7I`7TRYWIDE HOME LOANS , INC . i s MS SV-79 DOCUMENT P220CESSING ljJ~~~~~~~'l~llu~lllll~II~IIIIII~~f~Il1WI~Illllllll~ jj jJf P.O.Box ].0423 670 168137617 D2 lllllll~llllfll~ Van Nuys, CA 91410-0423 001 00i -.__. Parcel I~Tumber: Premises: 219 CLAY ST. ENOLA PA 17025 [Space Above This Line For R~oording Date) 00016[313761706007 [boc ID ~] MORTGAGE PENNSYLVANIA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS -6A PA 0508 Fa9e 1 of 17 ~ J ( ) CHL {10/OS)(dj VMA Mortgage SoloOons~ Ino. t800?521-728 Form 3039 1/01 ...~..oo.eo... t 6K:! 995f'G33Q$~t i~ ~ ~ u ~ ! I E {: f 1 i DOC ID #: 00016813767.706007 MIN 1000157-0001424767-6 DBFINITI0NS Words used in multiple sections of this document are defned below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used is this docum~t are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JUNE O 5 , 2 0 O 7 together with all Riders to this document. ` (B) "Borrower" is JOHN W ICICHMI~N JR Borrower is the mortgagor under this Security Instrument. (C) "NiGrR,S" is Mortgage Electronic Registration Systems, Inc. 1VIls-RS is a separate corporation that is acting • solely as a nominee for Lender and Lender's successors and assigns. 1VI>!tiRS fs the mortgagee under this Security Instrument, IKBRS is organized and existing under, the laws of Delaware, and has an address and telephone number ofP.O. Box 2026, Flint,ltill 48501-2026, tol. (888) 679-MEItS. (D) "Lender" is Countrywide Home ?,Dana, Inc. dba America's Wholesale Lender Lender is a CORPORATION organized and existv~g under the laws of NEW YORK Lender's address is 4500 ParJc Granada MSN#k SVB-314 Calabasas, Ci•1 91302-1613 (E) "Note" means the promissory note signed by Borrower and dated JUNE O 5 , 2 O 0 7 The Note states that Borrower owes Lender SIXTY THREE THOUSAND SIX HUNDRED and 00/100 Dollars (LJ.S. $ 6 3 , 6 O O . 0 O )plus interest. Borrower has romised to P pay this debt in regular ~flfbm~-BA(PA) (05oa) CHL (10/05) Aage 2 W 17 Form 3038 1/01 ~K 1 995PG330g _. ,. • ," a DOC ID ¢#: 00016813761706007 Periodic Payments and to pay the debt in fuII not later than J'UZ,Y O I , 2 0 3 7 (P) "Property^ means the property that is described below under the heading "Transfer of Rights in the Property" ." (G) 'loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (>~ "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider ~ Condominium Rider 0 Second Homes Rider Balloon Rider ~ Planned Unit Development Rider 0 i-4( Family Rider VA hider ~ Biweekly Payment Rider ~ Qther(s) [specify] m "Applicable Law" means alt controlling applicable federal, stale and local statutes, regulations, ordinances and administrative rules and orders (that have the egect of law) as •well as all applicable final, non-appealable judicial opinions. (~ "Community Association Dues, ]lees, and Assessments" means aII 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 Fands Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper iashvment, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a fraancial 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 clearinghouses transfers. (i,) "Escro•ev Items" means those items that are described in Section 3. (Nn "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other thaw insurance proceeds paid vndesr the coverages described in Section 5) for. (i) damage to, ar 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. (1V) "Mortgage Insurance" means insurance pzotectiag Lender against the nonpayment o~ or default on, the Loan. (O) "Periodic Payment" mesas the regularly scheduled amount due for (i) principal and interest under the Note, plus (it7 nay amounts under Section 3 of this Security 7,+~tr,+rnr+,t, (P) "I2E.SPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation 7C (24 C.F.R. Part 3500), as they might be amended from time to time, or any adeiiHonaI or successor legislation pr regulation that govcros the same subject matter. As used in this Security Instrument, "R.FSPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage. loan" even if the Loan does not qualify as a "federally related mortgage Ioan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. ,~-~~A(PA) (0508) CFiL (!0/05) Paga3 of 17 Forth 3038 'i/01 BK' 1995PG33 1 0~ • ~ .,, 7 n'~ ` ,^ V • a e TRANSFER OF RIGHTS TN THE PROPERTY DOC ID # : O O 016 813 7 617 0 6 0 O 7 • This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and • modifications of the Note; and (ii) the perfo;rnance of Borrower's covenants and agreements under this ~ Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MGRS (solely as nominee for Lender and Lender's successors and assigns} and to the successors and assigns of MERS, the following descn'bed property located in the COUNTY of CUMBERLAND [Typo oP Recording Jurisdiction] [Name of Recording Jurisdiction] SEE EXHIBIT "A° ATTACHED HERETO AND MADE A PART HEREOb'. I i I which currently has the address of • 219 CT,AY ST . , ENOLA ~ Pennsylvania 17 0 2 5 ~ (sttoovCity) ' ('~PertY Address ~: . Lip Code] ~ TOGETHER WIT$ all the improvements now or hereafter erected oa the ' aPPurtenances, and fixtures now or hereafter a art of the ro pr'DPe~• and all easements, P P P~Y• All replacements and additions shall also f be covered by this Security Instrument. A)I of the foregoing is roferred to in this Security Instrument as the I` "Property." Borrower understands and agrtcs that MERE holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, INTERS (as nominee for ~ Lender and Lender's successors and assigns) has the right: to exercise any or aIi of those interests, including, but not )invited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing sad canceling this Security Instrument. $ORROWER COVENANTS that Borrower is Iawfbily seised of the estate hereby conveyed and has the tight to rortgage, Brant and convey the Property and that the Property is unencumbered, except for encumbrances of recorri. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Qy~ -8A(PA) (o60a) CHL (70/05) Page 4 of •17 Form 3039 1/07 ~K 1 995PG33 1' •~ ~, _ . DOC ID #: 00016813761706007 THIS SECURITY INSTRUMENT combines uniform covenants for nations! use sad non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real ProP~y UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower steal) pay when dun the principal o~ and interest on, the debt evidenced by the Note and any prepayment charges and late charges dun 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 iastruunent received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender rosy require that any or all subsequent payments due under the Note and this Security I;nstrumeat be made is one or more of the following forms, as selected by Leader: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashiers check, provided any such check is drawn upon as institution whose deposits are insured by a federal agency, iastrurnentality, or entity; or (d) Electronic Punds 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 nay 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 W -its rights to refiuse such payment or partial payments in the fiihire, 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 scheduIcd 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 Bonower does not do so within a reasonable period of time, Leader 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 Boaower tiom making payments due under the Note and this Security Instrument or perforating the covenants and agreements secured by ibis Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described is 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 ender Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Aay remaining amounts shall be applied first to Iate charges, second to any other amounts dun under this Security Instrument, and then to reduce the principal balaaco of the Note. If Lender receives a payment from Borrower for a delinquent Pariodia 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 is 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. t~-'®-6A(PA) {asoe) GHL_ (10105) Pape s of t 7 Forth 3039 1/01 ;8K 4 99'5PG~33 1 2 DOC ID #~: 00016813761706007 3. Funds for Escrow Items. Borrower shall gay to Leader on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (tba "Funds") to provide for payment of amounts due for: (a) taxes and assessments sad other items which can attain priority over this Security Instrument as a lien .or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance . premiums in accordance with the provisions of Section 10. Theso items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Duas, Fees, and Assessments, if any, be escrowed by Borrower, and such does, fees.and assessments shall be an Escrow Item. $onrowcr shall promptly furnish to Lender ail notices of amounts to be paid uadec 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 tame. Any such waiver raay 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 Lender requires, shall fhmish 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 Secarity 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 Ttem, 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 is accordance with Section 15 and, upon such revocation, Borrower shall pay to 'Lender all Funds, and iu such amounts, that are then required under this Section 3. Lender may, at any time, soli®ct and hold blinds in an amount (a) sugicient to pernnit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds 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 as institution whose deposits are insured by a federal agency, instnrmentality, or entity (including Lender, if Lender is as institution whose deposits era so insured) or in any Federal Rome 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 suah a charge. Unless an agreement is made in writing or Applicable Law requires .iunterest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is s 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, Lander shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordanc4 with RESPA, but in no more than l2 monthly payments. If there is a deficiency of Funds held Itt escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than I2 monthly payments. -6A(PA) (OSpa) CHL_ (10/0 Pago 8 of 17 Form 3039 1/01 +.gK1995PG33S3 ,. . ' DQC ID #: 00016813761706007 Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Loader. 4. Charges; Liens. Borrower shall pay eIl taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instalment, leasehold payments or Bound 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 is the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees is 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 lien is good faith by, or defends against enforce eat of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien - la those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lion an agreement satisfactory to Lender subordinating the Lien to this Security Tnstrumenk Tf Lender determines that nay part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Withvt 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 tp pay none-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 hazardq including, but not limited to, earthquakes and floods, for which Lender requires insurance. Thin insurance shall he maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lander requires pursuaut to the preceding sentences can change during the term of the Loan. Tha insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Bonrower's choice, which right shall not he 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 #or flood zone determination and certification services and subsequent charges each time remappings. or similar changes occur which reasonably aught affect such determination or certifiication. Borrower shall also be responsible for the payment of any fees imposed by the Federal Bmergancy Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Bomowar fails m maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under ao obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or• might not protect Borrower, Borrower's equity in the Property, or the contents- of the Property, against any risk, hazard or liability and might pravide greater or Iesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed-by Lander under this Section 5 shall become•additional debt of I3on-ewer secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall bo payable, with such interest, upon notice from Lender to Borrower requc;sting payment. All insurance policies required by Lender and renewals of such policies shell 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 payed. Lender shall have the right to hold the policies and renewal certificates. If ~'-®-6A(PA) (0608) CHL (10!05) Page 7 of 17 Form 3039 1/01 ~K.I 995PG33 I ~ DOC II? ~# : 00016813761706007 Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal-notices. Tf Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Pmporty, such policy shall include a standard mortgage clause and shall name •Lender as mortgagee andlor as an additional loss payee. In the avant 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 Leader, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lende.~s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such inswancx 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 inspcetian shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or is a 'series of progress payments as the work is completed. Unless sa agtrement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Leader shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sale obligation of Borrower. If the restoration or repair is not econorically 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 settle a claim, then Leander may negotiate and settle the cIsim. The 3U-day period will begin when the notice is given. 7n 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 Instrurent, and (b) any other of Borrower's rights (other than the right to any mfund 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 restate the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after ffie execution of this Security Instrument and shall continue to occupy the Property as Boaower's principal residence for at least one•year after the date of occupancy, unless Lender oWerwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyorrd Borrower's control. 7. Preservation, Maintenance and Protection of the Prroperty; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate ar commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in•valuc due to ifs condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, $orrower shall be responsible fo= repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is -SA{PA) (o5oe) CHL. (t0/u~ Page a of 17 perm 3039 ~/[M BKI"995PG33 ! S w ~ a DOC ID #: 00016813767.706007 completed. If ffie insurance or condemnation proceeds arc 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 Loaa Application. Borrower shall be in default if, during the Loan application process, $orrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, er 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 Tnstrumeat, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property ancVor rights under this Security Instrument (such as a proceeding in banknrptcy, probate, for condemnation or forfeiture, for enforcement of a lion 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 ur the Property and rights under this Security Instrument, including protecting and/or assessing the value of rho 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 (a) paying reasonable a#ozneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a banknrptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make regains, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other coda 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. Any amounts disbursed by Lander under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fen title shall not merge unless Lender agrees to the merger in writing, 10. Mortgage Insurance. If Lender required Mortgage Insurdrrce as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage hrsuraace in eilect_ 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 crake 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 accepk use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that rho Loan Q~ .BA(PA) (0508) CHL (10(05) Paga 9 or 17 Form 3039 1101 t~K~19~5~PG3316 DOC YD #= 00016813761706007 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 lgnger require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Leader 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 anon-refundable loss reservq until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such terminatioq or until termination is required by Applicable Law. Nothing in-this Section 10 affeots Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Inswance reimburses Lender for 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 csvaluate their total risk an all such ,,,Q,,.a„ce in force from time to time, and may eater into agreements with other parties that share or modify theft risk, or reduce Iosaes. These agreements era on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer essay have available (which airy include funds obtained from Mortgage Insurance premiums). ' As a result bf these agreements, Leader, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements -vlll not affect the amounts that Borrower has agreed to pay far Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they fvtll not entitle Borrower to nay refund. (b) Any such agreement.4 will not affect the' rights Borrower has - if any -with respect to the Martgage Insurance under the liomeowncrs 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 Insurance terminated autamatically, and/or to receive a refund of any Mortgage Insurance premiums that were uricarned at the time of such canceRatfon or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. Tf 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 steal) have the right bo hold such Miscellaneous Proceeds until Lender has had an opportunity w inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for fhe repairs and restoration•in a single disbursement or in a series of progress payments as the work is completed. Unless as agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or -6A(PA) (osoo) CHL (10!05) Page 10 of 17 Farm 3039 1101 gK.1995PG3317 I3OC ID #: 0009.6823761706007 repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied W 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 is the order provided far in Section 2. Ia the event of a total taking, destruotion, or loss in value of the Property, the Miscellaneous Proceeds shall he applied to the sums secured by this Security Tnstnunent, 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 valve is equal to or greater than the amo~urt of the sums secured by this Security Instrument iaunediately 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 Ioss 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 ba paid to Borrower. In the event of a partial taking, destruction, or Ioss is value of the Property is which the fair market value of the Property immediately before rho 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 valve, artless Borrower and Lender offierwise agree in writing, the MisceIIaneous Proceeds shall ba applied to the sums secured by this Security Instrument whether or sot the sums are then due. If the Property is abandoned by Borrower, or if, a$er notices by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lenders judgment, could result in forfeiture of the Property or other material impairment of Lender`s interest in the Properly or rights under this Security Instrtmzent. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section I9, by causing We action or proceeding to be dismissed with a ruling that, in Leader's judgment; prechrdes forfeiture of the Property or other material impairment of Lender's interest in the property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable tb the impairment of Leader's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are sot applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Irorbcarance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower 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 l~ -6A(PA) (o6oaj CHL (1l!/ll~j Pages 71 of 17 Form 3039 1/01 iflK ! 995PG3.3 ~ 8 DOC ID #: 00016813767.706007 Borrower or itr 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 Savoral Liability; Co signers; Successors and Assfgns Iiouad. Borrower covenants and agrees that Boaowcr's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does hat 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 $ecnrity 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 frorrr Bonrower's obligations and liability under this Security Instrument unless Lender agrrns to such r®lease in writing. The coveiuurLV and agreemer~ts of this Security Instrument shall bind (except as provided in Section 2t)) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connecdon with Borrower's default, for the propose of protecting Lender's interest irr 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 pemritted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pecmitted'limit; and (b) arty sums already collected $om Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refiurd by reducing the principal owed under the Notes or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charger is provided for under the Note). Borrower's acceptance of any such refund made by e)irect payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. I5. Notices. All notices given by Borrower or Leader is connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other ureans. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless .Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. Yf 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 nay one time. Any notice to Lender shall be given by dclivertng it or by rrrailing it by first class mail to Lender's address stated herein unless Leader has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to haves bean given to Lander uniil actually received by Lender. If any notice required by ~"-®-6A(PA) (o50a) CHL (10/OS~ Pegs 72 of 17 Forth 3039 x]/01 '~}t ! 995~G3.~ 19 DOC 7D #~: 00016813761706007 this Security Instrument is also required under Applzcable Law, the Applicable Law regniremart will satisfy the corresponding requirement under 13»s Security Instrument. 16. Governing Law; $everabflity; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jusisdictian in which the Property is located. AYl rights raid obligations contained is this Security Instrument are subject to any requirements cad 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. la the event. that any provision or clause of this Security Instrnureat or the Note conflicts with Agplicable Law, such conflict shall sot 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 Lhe singular shall mean and include the plural and vice versa; surd (c) the word "may" gives odic discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one cogy of the Note and of this Security 7nstiurzzent. 28. Transfer of the Property or a $eae8cial 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 Iimited to, those beneficial inberr;sts transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ofwhich 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 transfeaed (or ifI3orrower 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 Leader exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of sot less than 30 days from the date ffie notice is given in •accordance witlx Section 15 within which Borrower must pay all sums secured by this Security Instrument. )f 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 os demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. HBorrower meets certain conditions, Borrower shall have the right to have enforcamart of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale o{the Property pursuant to any power of sale contained in this Security Instruzrrent; (b) such other period as ApplicabIa Law might specify for the teravnation 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 ender this Security Instrument and the Note as # no aceeIezation ha<i occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incased in enforcizrb this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Insfnunent; and (d) takes such action as Larder may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, steal) continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) Dash; (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, -6A(PA) (OS08) CHL (70!05) Page 1S of 17 Form 3039 1/0'1 '$t{ 1 995pG3320 ,_ DOC ID #= 00016813761706007 instnunentality 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 shad not apply in the case of acceleration under Section 18. 2Q. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrurrtent) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (lanaam as the "Loan Serviccr'7 that collects Periodic Payments due under the Note and this Security ]:nshument 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 rho 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, rite address to which payments should be made and any other information RBSPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be.transferted to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Nota purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual Iitigant or the member of a class) that arises firm the other pasty's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, yr any duty owed by reason of; this Security Instzmncnt, until such Borrower or Leader has notified the tither 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 tako corrective action. If Applicable Law provides a fiIsae 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 $osrowea pursuant to Section 18 shall be deemed to satisfy the notice end opportunity to take corrective action provisions of this Section 20. Zl. 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: gssoIine, 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 Iocated that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response aetioa, remedial action, or removal action, as definerl in I3nviroxunental Law; and (d) an "Environmental Condition" means a condition that can cause, coatrt'bute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of smelt quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances is consumer products). Q~-6A(PA) (06os) CHL ('10/Q5) Ps,ge 1a of ~7 Form 3038 ~10~ B!~l9~SPG332•C DOC YD #= 00016813761706007 Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) nay condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory suWority, or any private party, that any retnoval or other remediation of any Hazardous Substance affecting the Pmparty is necessary, Borrower shall promptly take all necessary remedial actions in accordance with pa~vironmental I.aw. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENA.I3'TS. Borrower and Lender further covenant and agree as follows: Z2. Acceleration; Remedies. Lander shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notit`y Borrower of, among other things: (a) the default (b) the action required to cure the default; (c) when the defattIt must be cured; and (d) that failure to cure the default as specifed may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall ttirriher Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Securty Instrument, this Security Instru~at and the estate conveyed shall terminate and become void After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Iastrament, but only if flee fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or. future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one, hour prior to flee commencement of bidding at a sheri$'s sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. 1£ any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, flue Security Iostnrment shall be a purchase money mortgage. 27. Interest Rate After Judgment. Harrower agrees that the interest rate payable aRer a judgment is entered on the Note or in as action of mortgage foreclosure shall be the rate payable from time to time under the Note. -F3A(PA} (o6os) CHL (10/OS) Papn ~5 0( S7 Form 3038 9/O'[ ~K ! 995~G~332 I L r 4 J Q BY SIGNING BBLOW, Borrower acce is and a DOC II3 # : 0 0 016 813 7 617 0 6 0 0 7 Security Instrument and in any Rider oxecuted by $orrow~an recorde ~~ id covenants contained in this =~-r!'~'~~ ~ _ ..~~~~~, ems` JOHN W K_~ JR ~~ (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower -Borrower ~-~°~(PA)-rososi cH~ ~1aos~ Page 16 of 77 Form 3039 1/01 ~SK~ 1 9~ 9 5 PG 3 3 2 3~ .. 3 ~ CONA~'iOI~I'WEAL7'gpgpENNSyL,~rAZVTA, LebanoxiOC Ib #: 00016813761706007 County as: ~ On this, the 5th day of Jtane 2007 undersigned officer, pcrsonalIY appeaXec~, ,before me, the John yil. xic , I I {I I I i person(s) whose name(s) is/are subscrt'bed to the within tnslrument amrtd(aclmow~ledg d that he/she they executed the same for the purposes herein contained- YN WITNESS WY-IEREOF, I hereunto set n My Commission T3xpires: COMMONWEAL7W OF PENNSYLUAid{A NOtalPat 3eeJ Shad A.10chman, Notary Publb West GbmwaflTWp-. lehanon Comity My Commission Expires Feb. 19, 2009 MOmber, Pennsylvania Assogatlon of Notaries I._~hrrh ~ c I '7fllf~t7ib>~G~2s the cgrrP * err s~;~ wicmn-n~ameo~ortgagee is i'.U. Box 2026, Flint, MI 48501-2 26hereby certify that Witness my hand this ~Z~__ day of Agent of Mortgagee l~,y~ -6A(PA) (0506) CHL. (10/OS~ Page 17 of 17 Form 3039 1/01 :! 1 1 '~BK~1995PG3324~ -. • - i f i r i k 1-4 FAMILY BIDER Assignment of Rents) After Recording Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.BoX 10423 Van Nuys, CA 91410-0423 PARCEL ID $) : Prepared By: ESTHER GREAVES 00016813761706007 [DOC ID #~] MULTISTATE 1 - 4 FAMILY RIDER -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 1 of 5 -57R (0411) CHL {11/04)(d) Initiais~ VMP Mortgage Solutions, Inc. (800)521-7291 Form S 70 1/01 2 3 9 9 1! 6 8 7 3 7 6 1 7 0 0 0 0 0 1 0 5 7 R` .BK (995PG3325~~~ 4" ' _' +' DOC ID #= 00016813761706007 THiS 1-4 FAMILY RIDER is made this FIFTH day of JUNE, 2007 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security instrument) of the same date given by the undersigned (the "Harrower") to secure Borrower's Note to Countrywide Home Loans, Inc, dba America's Wholesale Lender (the "Lender's of the same date and covering the Property described in the Security instrument and located at: 219 CLA'X 5T. , ENOLA, PA 17025 [Property Address) 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made fn the Security Instrument, Borrower and•Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures aro added to the Property description, and shall also constitute the Property covered by the Security instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity. gas, water, air and Ifght, f(re prevention and extinguishing apparatus, security and access con#rol apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators. dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached minors, cabinets, paneling and attached floor coverings, afl of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security instrument. Aft of the foregoing together with the Property described in the Security instrument (or the leasehold estate if the Security instrument fs on a leasehold) are refereed to in this 1-4 Family Rider and the Security [nstrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WiTH LAW. Borrower shall not seek, agree to or make a change In the use of the Property or itv zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply wifh ail laws, ordinances, regulations and requirements of any governmental body appl[cable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferior to the Secur[ry Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall mainta[n insurance against rent loss in addition to tt-a other hazards for which insurance Is required by Section 5. initials:: -57i2 (0411) GHL (11/04} Page 2 of 5 Form 3170 1/01 BK { 995PG~332•~~ • ~ • 1 DOC II? #: -00016813761706007 E. "BORROWER'S RIGHT TO REINSTATE^ DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree [n writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender ali leases of the Property and all security deposits made in connection with teases of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new teases, in Lender's sole dtscretion. As used in this paragraph G, the word "loose" shalt mean "sublease" if the Security instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVI=R; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes- Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (ii) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender g[ves notice of default to Borrower: (n all Rents received by Borrower shall be held by. Borrower as trustee for fhe benefit of Lender only, to be applied to the sums secured by the Security instrument; (ii) Lender shall be entitled to collect and receive alt of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shalt pay ail Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable few provides• otherwise, alt Rents collected- by Lender or Lender's agents shall be applied first to the costs of tatting control of and managing tho Property and collecting the Rants, induding, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judictaliy appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and •proflts derived from the Property without any showing as to the inadequacy of the Property as security. )f the Rents of the Property are not sufficient to weer the costs of taking control of and managing the Properly and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Bon'ower to Lender secured by the Security instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not performed, and wilt not perform, any act that would prevent Lendor from exerc[sing its rights under this paragraph. t~y~J®-57R (0411) CHL ('11104) Page 3 of 5 Initials:.~/~ Form 3170 1/01 BK 1 99~SpG3327 '4 . - ry ~ ~ .y ~' + l i Lender, or Lender's agents or a udlciat a DOC ZD # : O O O 16 813 7 617 0 6 O 0 7 upon, take control of or maintain the Property beforenoe attre~eiver, shall not be required to enter . However, Lender, or Lender's a ents or a udiciall a giving notice of default to Borrower. a default occurs. Any application of Rents shat! n t•cu eoortwaive any defauitdor fnvaiidat tany o her right or remedy of Lender. This assignment of Rents of he Property shall terminate when alt the sums secured by the Security Instrument are paid in full. i 1. CROSS-DEFAULT PROVtSIOf~I. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. -57R (0411) CHL (71/04) Pa e 4 of 5 Initials~-'_ ~l g Form 3170 1/01 BK 1' 995~PG33~28' sF •r ° ~~ .~ ~ ~ ~ f T DOC ID #: 00016813761706007 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4 Family Rider. ~~ ~~ ~ ~s -` Q ~ (Seal) .70EiN W • KICHMAIJ JR -Borrower -Borrower _ (Seal} - Borrower _ (Seal) - Borrower -57R (0411) CHL (11lO~t) Pagc: 5 of 5 Form 3170 1/01 ( Certify this to be recorded to Cumberland County PA .~~:~-!.c.:: ``~ -- ~ 3~tCCOrcier of Deeds ~~ t~995PG3329 ({ I I 1`'- -~ ~' S ~ ~ EXHIBIT "A" ALL THAT CERTAYN lot of ground situate in the East Pennsboro Township, County of Cumberland and State of Pennsylvania, being Lot No. 3 in Martin's Addition to West Fairview, more particularly bounded and described as follows, to wit: BEGINNING at a corner on Clay Street and Lot No. 4 of Martin's Addition aforesaid; thence along said Lot No. 4 and through the center wall of a pair of frame houses, 130 feet to a drive alley; thence westwardly along the southern line of said alley, 30 feet to a lot of Land No. 2 on said Plan; thence southwardly along line of Lot No. 2, ?,,130 feet to Clay Street; thence along the northern line of Clay Street in an eastwardiy direction, 30 feet to a point, the Place of $EGINNING. HAVING THEREON ERECTED a two and one-half story frame dwelling known as No. 219 Clay Street, West Fairview, Pennsylvania. BEING TH)L SAME PREMISES which Keith A. Putt, by deed dated May 31, 200? and to be recorded simultaneously herewith in the Cumberland County Recorder of Deeds Office, granted and conveyed unto John W. Kichman, Jr., mortgagor herein. B~ 1995P6333:p. EXHIBIT "B" Prepsfred by. EBTHER GREAVEB NOTE JUNE 05, 2007 [Dat°] 2. BORROWER'S PROMISE TO PA'Y LOAN li: 168137617 LEBANON PENN9XLVANIA [C(ty) [Stole) 219 CLAY ST., ENOLA, PA 17025 [Pr°p°rtY Address] In return for a loan that I have received, F promise to pay U.S. $ 63, 600.00 (this amount is called "Principal', plus interest, to the order of the Lender. The Lender is Countrywide Home Loans, Inc. dba America's Wholesale Lender I will make ail payments under this Note in the form of cash, check or money order. F 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 foil amount of Principal has been paid. I will pay interest at a yearly rate of 7 .2 5 O %. The interest rate required by this Section 2 is the rate I will pay both before and alter any default described in Section 6(B) of this Nota. 3. PAY]YIENTS (A) Time and Place of Payments I will pay principal and interest by mekfng a payment Query mottth. I will make my monthly payment on the FIRST day of each month beginning on AuausT ol, 2007 . 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 02, 2037 , I still owe amounts under this Note, I rvt11 pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P.O. Box 660694, Dallas, TX 75266-0694 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount ofU.S. $ 433.86 A. BORROWER'S RIGHT TO PREPAX 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 is 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 tray make a fu12 Prepayment or partial Prepayments without paying a Prepayment charge. The Note Bolder wlll use my Prepayments to reduce the amount of Prinaipal 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 date or in the amount of my monthly payment unless th'e Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is Finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the pemutted 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 Principe] I owe under this Note or by raaldng a direct payment to me. If a refltnd reduces Principal, the reduction will be treated as a partial Prepayment. G. BORROWER'S TAILURE TO PAY A5 REQUIRED (A) Late Charge Far Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due, I will pay a Late charge to the Note Holder. The amount of the charge will be 5.000 % ol'my overdue payment of principal and interest. I will pay this Iate charge promptly but only once on each Iota 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. MULTISTATE FIXED RATE NOTESingle Fatuity-Fannle Mae/Fegddie Mao UNIFORM INSTRUMENT -5N (0207].01 CHL (OiD/04)(d) Papa i of 2 VMP MoAg°p° SoluUOm, Ina (aDp)52t-7281 Inlllob: ~~_ Form 320D i/01 sew i ~Ai,.oaooav • LOAN #{ : 168137617 (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 Prfncipal which has not been paid and all the interest that I owe on that amount. That date must be at least 3D days after the date on which the notice is mailed to me or delivered by older means. (D) No Waiver By Note Solder Even i>y at a time whey I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Bolder 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 Ezponses If We Note Holder has required me to pay immediately in full as described above, the Note Bolder 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 prolbited by applicable law. Those expanses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under tlils 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 ifI give the Nola Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Noto Holder at the address stated in Section 3(A) above or at n different address if I am given a notice of that different address. 8. OBLIGATIONS OF PII~RSON3 UNDLTR THIS NOTE If more than one person signs this Note, each person is Tilly and personally obligated to keep all of the promises made in this Note, including the promise to pay the frill amount owed. Any person who is a guarantor, suzety or endorser of thin Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, safety 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 mear-s that any ono of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the tight to require the Note Holder to give notice to other persons that amounts due have not been paid 10. iJTIIFORM SECURED NOTE This Note is a uniform instrrunent with limited variations in some jurisdictions. In addition to the protections given to the Noto Holder under this Note, a Mortgage, Dced of Trust, or Security Deed (the "Security Instrument"), dated fife same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promisee which I make in this Note. That Security Instzument describes how and under what conditions I may be zequired to make immediate payment is 1LIl of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transfeaed (or if BOrrOWe[ 1S not a natural person and a beneficial interest in Borrower is sold or tzansfernd) 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 Leader if such exercise is prohibited by Applicable Law. if Lender exercises this option, Lender shall give Banrower notice of acceleration. The notice shall provide a period of not Iess than 30 days from the date the notice is given in accordance with Section 15 within which Borrower moat pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to tho expiration of this period, Lender may invoke any zemedies permitted by this Security Instrument without further notice or demand on Borrower. WITNBSS THE HA )AND rotor w. icxrtuu-ar rot ,u _ Sean -Borroww _ (Seal) -Borrower ~,y -0-5N (D207).O7 CHL (10/04) Pegs 2 of z (Seal) -Borrower (Seal) -Dorrowcr [Sign Origi»al O~rlyJ Form 3200 1/01 Jun 08 07 11:03a ~ FitzEibbnns rreaarad yc tttlrlER 6RFAYES NOTE, avNS os, xoo7 LaeAt~oN 1De~el 1CkY1 219 t9',AY S'1'., BNOLA, PA 17025 lp>~+r] 1. AORROWER'3 PROMISE TO PAY In wtum for a loan that I have ceceived, I proianise io pay U.3. S 63, 600.00 (this amount is called "Ptincipal'~, plus interest, to the order of tbo I.ettdw. The Larder is Countrywide Nome Loans, Inc. dba Americn~e tiholeoale Leader . i will moke all paymeaU undo this Note is the form ofeaah, Cheat to atotuy order. I understand that the Lender may transfer the No1o. The Lender or anyone who lakes this Nato by kanefor and who is cptitled m receive payments ands Ihis Nora is called the "Note Holder." 2. IN'1'EItESf Iptetest will ba Charged on tuipaid prl~ipal imffi the hill atnouat of Principe! has been pall I wUl pay fntcrest at a yearly rata Of 7.250 %. The intotestrale retptired by this Section 2 i8 rho rate i will pay both befara and alter any default described is Section G(Q} of this Nata 3. PAYMBNTS (A) Thrte and Place otPaytpenb I will pay prlacipal sad interest by making a payment every month. I will moire tuy tneathty payment on the 8iR8T day of each rnonih beginaiag on Aocvs7 01, z o07 .1 wW make thtxe payments ovary taouthuntil 1 hava paid aII of the paio<dpal and interest and arY other charges described below that I may own under this Nou.1?acb atonthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on JVIrY 01, 2037 . I still oaro amounts under this Noto, I will pay those amounts in full on that date, which is called the'7viatarity Date." I will make ray meathly payments at P.O. Box 660599, Dallas, TX 75266-0694 or at a diffencat piece Ifrequired by the Noto Holder: (I3) Amount otMoath>,y Payments My monthly payment wr~l be in the aatount of U;3. $ 433.86 4. DORROWISR'SAIGI:[I'Y'O1'R$PAY I here the eight to moire payments of Prhtaipal at any than before they are duo. A payment of Principal only is known as a "Prepayment"'When I make a Prepaytnenf, I wLl tail rho Nota Holder in wr[t{ag that I am doing so. l may not designate a payment ae a Prepayment if I have not made all rho monthly paymenb duo under the Note. I nwy make a Rill Peapaynrart or partial Ptcpaymanta withoat paying a Pmpayatoat ehargo. The Note Holdac will use my Ptcpaymeata to reduce lira amount of Principal that I owe under this Noto. Aoweveg the Note Holder may apply my Prepayment to the accrued and unpaid laterest on Wa PtegaytnOnt arsenal, bolero applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, Ihoro wlll ba so changes ht Ute duo date or in the amount of mY monthly payment noises the Note Hohhx ag0eae in writing m those changes. 5. LOAN CIiARtGES If a taw, whioh applks to Chia roan and whtch seb maximum loan charges, is fiaaUyuttetpreted so that the iatereat or other loan charges collected or to be colteotcd in cotmectlon with this loan exceed the permitted Iho{ta, than: (a} say such loon charge shall be reduced by rho amount necessary to redttx the charge to rho permitted ]imlh and (b) say sums already collected ttom me which axcaded pcrm[ued limits will ba refunded to tae. Tho Note Holder may choose to make thh rolimd by t~edueing tbo Principal I owe under this Noto or by making a direct payment W me. If a mfuad reduces Prhtoipal, rho reducttoa wit! bo treated as a partial Prepayment. 6. IIORROWiF;It'S 1?AILUItE'10 PAY AS REQUIRED (A) Lato Charge for Overdue Paymoata If dte Note Holder has pot received tin 1Wl amount of any monthly payment by rho and of FIFT88N calendar days aRcr tiro date it is duo, I will pay a ]ate charge to We Note Hotdar. The amount of the charge will be 5.0 00 eti of my overdue paytaeat of prhtcipal and interest I aI11 pay Ihia late charge promptly bat oteRy once on each loco poymcnt. (l;) betauit !f 1 do not pay the toll amount of each moodily paymoat on the date it is due, I will bo m dofaulL 710918 p•`i LOAN #c 168137617 PI3NNSYLVANIA laws] MUL7L97'A7E FIXED RATE NOTE.Slnple FartdghFannto MoofFnddie Man UNIFORM 0197RUMEN7 Innrois~.~~. ~~Ntozo~.ot cttLrotoroa}t~ Peas t d Y v+~ Moapsw sdum~u, xw. (eooH2traat Fans 3Z0011a1 •zsea~• '188137817oD0002808N• 0715705202 14 Jurr 06 07 II:04a. FitzEibbona 720918 p.s (G~ Notice of Default ~~ 0 = 16813?627 if Ism fn defaulS We Note Holder may aead rrle a written noHx telling me Wat if I do not pay We ovanhte amotutt by a evfsin date, the Noro Holdcr>aaay tvquiro me m pay iatrnedGttely rho tW! tunamt of PrLteipal which hoe not beta paid and all the interest first I owe on that amouttw That date moat bo at least 30 days slier rho date on which rho notice i7 mailed tome or delivered by othermeans. (D) No Waiver by Noto)(1<older Even it; at a time whm I am in default, the Note Holder does not require the ro pay ittttnadiaroIy k tWl ae dcscrt'6cd above, the Noro Hohier will sli>! bava the tight to do ao if I em is defindt at a Tatar titno. (E) Payment of Note Holder's Cosh attd 16cpaasea If the Nola Hotda bas regtdred toe to pqy itatnediately in flrll u dasedbed abeya, Wo Noro holder wll[ have We right to bo paid back by me for all of Its costa and eX,ponsed to anfbrcing this Note to Wa ardent sot prohibited by applicable Iaw. Thoao expenses include, for example, reasonable ettomcys' taea. 7. GIVING OP N07'IC$5 Unless applicable kw regulars a diffeteat method, aqy noNca that moat ba gluon to trio ender this Nolo will bo given by delivering i< or bi' msiltng it by /hat class mall ro tea at lira property Address above or at a difforeat address If I give the Nola Bolder a notice of ttty different address. Any aotbx that tmxt ba gives to the Noto Holder under this Note will bo giver by dativeriag it or by mailing it by first o)ase ma7 to the Noro Holder at the nddresG elated in 3eetlon 3(A) above or at a different nddteas if I sat given a notice of that diflbralt address. 8. OBLIGATIONS OF P$RSONt3 UNDL+R TB~3 iVOTE if more thtc petaoa signs thta Noro, each peatatt is 11tUy and petaonaiiy obligated to keep all of rho promises tnado !n this Note, inclu tits promise to pqy the fhll amount owed. Any person who !a a gtuueatot, anrety or endotsar of Wts Note is also obligated to do Wase things. Arty person who takes Duct thaaa obUgatioas, lactudiag rho obGgaHona of a guarrntot, surety or eadorsar of this Noto, W nbm obligated to keep al! of the promisro rondo is this Note. 7]ro Note Holder may cnfarca its rights under this Note against oath pcreon iadividuaUy or aga{nat ell of w togeWer. Thts means that any Otte of us maybe required to pay ail of the amounts owed under thin Note. 9. WAIiVERS I and arty other person who has obligatiow under this Noro waive the rtgltta of Presonhnant and Nofico of Dteltonor. "l'tesentmeat" means the right to tryuire the Notc Holder to detaand payment of amouala due. "Notice of Dishonor" means rho sight to regttiro the Note Holder io glue mttca to older ptus~ that amounts due bava not boon paid. 10. 17NIIrORM SECORb~ NOTE This Noia is a uniform inatrtutrent with ihtrited vaslations in aatno judtdieHoas. Ia addlNon to the pmtcctioas given to the Note Iiotdcr under this Note, a Mortgage, Decd of Tivst, of Sanrity Deed. (the "security Inattwnant"}, dated the sumo data as thin Note, protects rho Note Holder Eras poaalbla losses whtah might result if I do not Ixap Wa promises which I make in Ihla Note. Thnt security Icattument dwcn'bea how and under what eoaditians I troy ba ragaired to mnlto immediate payment in f411 ofall amounts I awe under this Kota Solna of Woad condt8aw ere dascn'bed to follows: If al! or any poi of Wa Property au• arty latotcat !a the ]'roptaty is sold or Gwferred (or if $orrower Ia not a nattual person and a beneficial htteteat in Bomowor is sold or hansliasad) without Leader's prior written consait, Leisdee racy require immediate payutent in ihll of all sums secured by this Security Instrument. However, Chia aptioa shalt not be exorcised by Lender if such ezencma is prohtbtted by Applkablo Law. It'Lander exarcIsea this option, Lcodet shall give Hortower notice of aeceleratioa. The nodes shall provide a period of not less than 30 days from the date the notice is given in accoalaace wild Section 15 withht wh[ch Borrower must pay all sums secured by this Scuvlty ltzshumaat. IfBotmwer lblla to pay rheas sums prior to Iho expiration of this period, Lender may invoke a~ rancdtas pasmltted by tbte Saourity Insrument wldrout lltrther settee or demand on Borrower, YVITNHSS THH HAND(S) AND sEAL(S~ O/F~THB UNf?HRSIG7QED. ''' ~,-~`~+' (seal) (~~) aorat N. xrCtutaer aA -nm:awa -ttoaower (seal) (stag -itarowar .eorreacr (EYgn Original Only) (~dcNttno7}or CHL(1a/a4l pspa2atz Rtxm~2a01l01 0715705203 14 Jun 06 07 11:05a Fst:zgibbons 71727• ~ p.B ~h DOC ID #: 00026813761706007 BY SIt:1NNIB1Ci BSIAW, Borrower acxepb end egrets to the toms and corennnts contained in this Security Iaatrnmeal sad is say R£der mcecated by Borrower sad molded with it. (Scat) Hower ~(5ean .Borrower ..~ (Sea!) -Borrower (Seaq -Borrower ~~(pMNsce) CHl.(10fOth Pape ttl ot17 Form 5038 1f01 0715705206 14 EXHIBIT "C" ~~c~ ~ ~ ,~ Prepared By: Victoria Ayer 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 l 23 South Broad Street Philadelphia, PA 19109 Attn: Victoria Ayer Parcel# 45-17-1044-115 Loan Number: Assignment of Mortgage Effective Date of Assignment: May 18, 2009 NIIII~I For Value Received, the undersigned holder of a mortgage, Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender whose address is P.O. Box 2020 Flint, Michigan 48501-2026 does hereby grant, sell, assign, transfer and convey without warranties of any nature whatsoever and without recourse, unto BAC Home Loans Servicing, LP fka Countrywide Home Loans, Inc. whose address is 1$00 Tapo Canyon Road, Mail Stop#SV-103, Simi Valley, CA 93063 a certain Mortgage dated 06-OS-2007 made and executed by: John W. Kichman Jr upon the following described property situated in Cumberland County, Commonwealth of Pennsylvania: which has the address of 219 Clay Street, Enola, PA 17025 Parcel ID no: 45-17-1044-115 I do hereby certify that the precise address of BAC Home Loans Servicing, LP fka Countrywide Home Loans, Inc. is 1800. Tapo.Canyon Road, Mail Stop #SV-103, Simi Valley, CA 93063 Attested By: Donald Clarlt ASSISTANT' VICE PRESIDENT such Mortgage having been given to secure payment of $b3,600.00, which Mortgage is of record in Record Book 1995 Page 3308 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 h-OS-2007. 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 SEp 113 101.9 Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender (Company) Signature: q ~.~ ~ ] ~~ Date: A t i Title: e D son- Vice President .~-:- . G-. :'.: FORM OF CORPORATE ACKNOWLEDGMENT State of Teas ) County of. Cclin7 SS: Un-this day of ~~P ~ ~ ~ 20~ before me the undersigned officer, personally KIMBERLY DAWSON Vice President appeared who acknowledged himself or herself to be the of Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. Vice President dba America's Wholesale Lender, and that he or she as such .,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 hereunto set my hand and official seal. lM" N RY PUBLIC ~,i,~ _ _ ,,,,,~~,, Liliana Marc~t't ~y~V~ LILIANA NIORGAN M.y Gomrrri~s.,ior4 Expires October~21; 2ot2 ~~ri~ y, A~IR,I' first American ~tle Insurance Company FTPA-63 SCHEDULE C File No. 2009-420A ALL THAT CERTAIN LOT OF GROUND SITUATE iN THE EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING LOT NO. 3 IN MARTIN'S ADDITION TO WEST FAIRVIEW, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A CORNER ON CLAY STREET AND LOT NO. 4 OF MARTIN'S ADDITION AFORESAID; THENCE ALONG SAID LOT N0.4 AND THROUGH THE CENTER WALL OF A PAIR OF FRAME HOUSES, 130 FEET TO A DRIVE ALLEY; THENCE WESTWARDLY ALONG THE SOUTHERN LINE OF SAID ALLEY, 30 FEET TO A LOT OF LAND NO. 2 ON SAID PLAN; THENCE SOUTHWARDLY ALONG LINE OF LOT NO. 2, 2;130 FEET TO CLAY STREET; THENCE ALONG THE NORTHERN LINE OF CLAY STREET IN AN EASTWARDLY DIRECTION, 30 FEET TO A POINT, THE PLACE OF BEGINNING. PARCEL N0.45-17-1044-115 BEING THE SAME PREMISES WHICH KEITH A. PUTT, ADULT INDIVIDUAL, BY DEED DATED 05-31-07 AND RECORDED 06-12-07 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND !N RECORD BOOK 280 PAGE 2150, GRANTED AND CONVEYED UNTO JOHN W. KICHMAN, JR. AL7A Commitment Schedule C t ROBERT P. ZIEGLER RECORDER OF DEEDS - . CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200932617 Recorded On 9/21/2009 At 3:23:10 PM * Instrument Type -ASSIGNMENT OF MOR'T'GAGE Invoice Number - 52698 User ID - I{W Mortgagor - KICHMAN, JOAN W JR * Mortgagee - BAC HOME LOAN SER LP * Customer - MGCABE WEISBERG & CONWAY * FEES STPaTE WRIT TAX $ 0.50 STATE JCS/ACCESS Ta $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES ,, COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $37.00 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. Y Certify this to be recorded in Ctllnberland- Cou>~ty PA RECORbER O * -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. nimeuiiAifliuisi EXHIBIT "D" McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 ANDREW L. MARKOWITZ -- ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 v. John W. Kichman, Jr. 801 Butler Pike Mercer, Pennsylvania 16137 Attorneys for Plaintiff Cumberland County Court of Common Pleas NO. 09-4193-CV CIVIL ACTION/AMENDED COMPLAINT 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 obj ections 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) dies de plazo al partir de la fecha de la demanda y la notificacion. Hate falta asentar una comparencia escrita o en persona o con un abogado y entregar a la Corte en forma escrita sus defenses 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 continuer la demanda en contra soya sin previo aviso o notificacion. Ademas, la torte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demands. Usted puede perder dinero o sus propiedades u otros derechos importantes pare 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 1NFORMACION ACERCA DE LAS AGENCIES 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/AMENDED COMPLAINT 1. Plaintiff is BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, a limited partnership duly organized and doing business at the above captioned address. 2. At all times relevant hereto plaintiff has been registered with the Corporatian Bureau of the Pennsylvania Department of State to conduct business within the Commonwealth of Pennsylvania. 3. Attached hereto as Exhibit "A" is the Certificate of Amendment which was filed by plaintiff with the Corporation Bureau on Apri129, 2009 to change the name of the registered entity from Countrywide Home Loans Servicing LP to that of BAC Home Loans Servicing, LP. 4. The Defendant is John W Kichman, Jr, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 801 Butler Pike, Mercer, Pennsylvania 16137. 5. On June 5, 2007, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. d/bla America's Wholesale Lender which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book I995, Page 3308. 6. A true and correct copy of the said Mortgage is attached hereto as Exhibit "B" and incorporated herein by reference. 7. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. d/b/a America's Wholesale Lender to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Deeds in and for Cumberland County. 8. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 219 Clay Street, Enola, Pennsylvania 17025. 9. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2009 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 aze collectible forthwith. 10. The following amounts are due on the mortgage: Principal Balance Interest through June 18, 2009 (Pius $12.62 per diem thereafter) Attorney's Fee Late Charges Corporate Advance GRAND $ 66,330.1 1 1. 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 was sent to Defendant on or about April 3, 2009 by regular mail with a certificate of mailing and by certified mail, return receipt requested. 12. A true and correct copy of the aforesaid combined Notice of Delinquency is attached hereto as Exhibit "C" and incorporated herein by reference. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $66,330.10, together with interest at the rate of $12.62 per diem for each day after 3une 18, 2009 until the entry of j udgment and for such other costs and chazges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND BY: ~~ Attorneys for Plaintiff TERRENCE J. MICA] ANDREW L. MARKC $ 62,659.64 $ 2,120.16 $ 1,300.00 $ 216.30 $ _ 34.00 AY,P.C. ESQUIRE ~.. VERIT~'TCATTON The undersigned, ~~~'~' ~'~~~~ ~ does hereby certify that he/she is ASSfSI'ANTSECREi'ARY .of the Plaintii~(BAC Home Loans Servicing LP f/k/a Countrywide Home Loans Servicing LP) in the above matter; and that he/she is authorized to make this verification on its behalf and that the forgoing facts as set forth in the foregoing aze true. and correct to the best of his/her knowledge, information and belief, and further states that false statements herein aze made subject to the penalties of I $ PA.C.S.§4904 relating to unsworn falsification to authorities. KA7FIY Kl1 ASSISTRI~IT SECRETARY Dated: Al~~ 1 3 7009 Kiclmian,lohn W. McCABE, WEISBERG & CONWAY, P.C. BY: ANDREW L. MARKOWIT7, ESQUIRF. Identification No. 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. JOHN W. KICHMAN, JR. Defendant Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Number: 09-4193 CIVIL TERM CERTIFICATE OF SERVICE I, ANDREW L. MARKOWITZ, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Amended Complaint was served on the below party on the 14`~ of August, 2009 by the United States mail, first class: John W. Kichman, Jr. 801 Butler Pike, HM-0735 Mercer, PA 16137 DATE: _ August 14 2009 EXHIBIT "E" erg ~ ~ ~3: i'~.~.~F~2~•~f ~ lu• b. ¢' •tJ:..7.;.s.-~.^~?.'L !."~,-'~4':l;'~a:? 'G~ c~,.~2~ rtv:C:,~. °i~ :~F'° I.F4r../ ~w~t~ ~~~:k~>i ~:''~ ~~f..i~'~.~: ;.:t1~1..'-~9.>~r €a7.~} C16 ~@ Jt~°°~ W~ SC3.Ct;.tirc~'~ X301 3u~`7.~;~~. ~~.s.~~r rltl9-CJi35 t~R~~e~rr £?'~ lt~A 37 r t3?AC LIJ,'•~~ u~~~~5 S~RV7CI~, LP ~lt~ CC)JN'1~21'i~1~u~; :3'~ ~~; ~;~:~~tIS ~'~l-'ZCaL~~ L' ~.~ .'T.~3J~ T1~fx; Ct~i~3a'('.,;~?r.2t~F.~) , S~t*lI 'tlA'u ; aY. r Ci~i.I Et'~~?v:CA c 3:153 li. 8C}I 13:J'iL~2 t'i:~i~r c~~T:-rJ73~ .. ,.~~......~..~.,,. 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H o ~ °o ~ ~ ~ c N n ~ r N O 0 .D C ~ /0 ~ ~ ~ ^ y N b ~ a O y W ro ~ m ro yy ~ Z d Y Q~ ~ E~ N N b 0 T U ~ ~ c m ~+.~,a ~~~n ~ ~ 01 U O O' _ RV ry ~ N u . . ro~ ~ o a O U ~C ~~ C Q~ +- W~ 7 N G ' z a ~ ac:~w c»¢LL ao ~ `° o ~ d " ~ ~ 3 w r~ ~ c o ~ r °' a ~ v ~ O5 O N C y d 'O ~ ~ w ~ W 1 / Q Q ~ (`T ~ O N d t N O ? C ~ . ` E ~ o ~ C m m ,ra. w L C m C n ~ O 4 ~ . O) ~' b ~ N O Ul ~ N d0 . : w ~ S y 'vN ~ ~ m a w y~. ltiS ~~ U m "" a N~ ~ Z Y T ~ .~ ~ ~ ti ul a r a w O - ~ o y g v y ~ ~ $ ~ ~ ~z m r a~ c E ~ ~ a /~ - IIY = 4? ~~ t CS O ~ ~ N p d p L O N r Q y ~ ~ T 111 ~ F- m ~ ~ a ~ ~ 7~ O g nC d n b w 0 p7e F Q O Y~S~ '( +, '`~ et - _ JOHN W KICHMAN JR.is~s~2t 13 41. zsa N ENOLA DR. ENOLA, PA 17025 DATE """'-"~~~ t ~ .(~~~1~'0~~~,~~~~e~ ' , .~~/,~.,,.~~, G 3.~io Q no>r~.Aizs B_ ~a~ : f~1M&TBanlc ~ ... .. SummttAala Plan Olfice ' .!.:03b302955~: 9840756662u"i134i JOHN W KICHMAN JR. 60-~sss~zi 2S0 N ENOLA DR. 313 ~, 3 4 4 ENO[A, PA 17025 / `~~+ DATE..j.~/~~ ~ • ~._ a PAY TO T1iL• .. •.. ... ORDE oP ~~:~ .w~. ~d ~f-.~~ ~~ ~ M&T /~o~ ~ boLLaits ' ~Y~ c .. .. .. ' ;~:03i1302955~. 98,076£, 62ii'b344 EXHIBIT "~~~ TO THE HEREIN DEFENDANTS: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PLEADING W1THM THIRTY (30) AYS OF SERVICE THEREOF OR A D A T JUDGMENT MAY BE AG ST YOU McCABE, WEISBERG & CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification No. 28009 Attorney for Plaintiff 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING LP f/k!a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. JOHN W. ICICHMAN, JR. Defendant A Pl.AINTIh'F COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Number: 09-4193 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 ofthis Request for Admissions, BAC HOME LOANS SERVICING LP flkia COUNTRYWIDE HOME LOANS SERVICING LP will be hereafter termed "Plaintiff," and JOHN W. KICHMAN, JR., will be termed "Defendant." The mortgage which is the subject of this action is in default because monthly payments of principal and interest upon said mortgage due for the months of February 1, 2009 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 $62,659.64. 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 $12.62, and the interest due on the note and mortgage through 3une 18, 2009 is $2,120.16, 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 notices to Defendant under Act 6 and Act 91 which notices 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 nature to substantiate the denial. 5. The notice sent to defendant under Act 6 and Act 91 complied with all statutory requirements. If the above request for admission is denied, attach all documentary evidence you have in support ofthe 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 do Pennsylvania Law. cements and If the above request for admission is denied, attach all documen have in su ~'Y evidence you pport of the denial or otherwise set forth at length all evidence of any nature to the denial, substantiate Respectfully submitted, McCABE, R'EISBERG BY: ANDREW L. MARK WITZ, ESQ~~ Attorney for Plaintiff McCABE, WEISBERG & CONWAy, p,C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identifi ti ca on No. 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215 790-1010 Attorney for Plaintiff BAC HOME LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. JOHN W. KICHMAN, JR. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Number: 09-4193 CIVIL TERM Defendant CERTIFICATE OF SERVICE I, ANDREW L. MARKOWITZ, Es quire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Request for Admissions was served on the belo Sth day of Jan ~' Ply on the nary, 2010 by the United States mail, first class: John W, Kichman, Jr. 801 Butler Pike, HM-0735 Mercer, PA 16137 DATE: January 5 2010 ANDREW L• MARKO ITZ, ESQUIRE EXHIBIT "G" McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. JOHN W. KICHMAN, JR. Defendant NO. 09-CV-04193 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP(hereinafter "BAC HOME LOANS"), by and through its attorneys, hereby responds to the New Matter of Defendant JOHN W. KICHMAN to plaintiff's Complaint in this matter as follows: 13. Denied as a conclusion of law to which no further responsive pleading is required. 14. Denied as a conclusion of -law to which no further responsive pleading is required. 15. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this pazagraph contains any factual allegations, the same aze hereby denied and strict proof is hereby demanded. 16. Denied as a conclusion of law to which no further responsive pleading is required. 17. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 18. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same aze hereby denied and strict proof is hereby demanded. 19. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this pazagraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 20. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this pazagraph contains any factual allegations, the same are hereby denied. 21. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied. 22. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied. 23. Denied as a conclusion of-law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 24. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied. 25. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 26. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 27. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied. 28. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied. 29. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 30. Denied as a conclusion of law to which no further responsive pleading is required. 31. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 32. Denied as a conclusion of law to which. no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 33. Denied as a conclusion of law to which no further responsive pleading is required. It is denied that plaintiff failed to complete service of original process in this matter. By way of further response, it is averred that personal service of plaintiff's complaint was made on defendant on July 8, 2009 by deputized service to the Sheriff of Mercer County. WHEREFORE, Plaintiff respectfully requests that defendant's New Matter to Plaintiff s Complaint be dismissed in its entirety and that judgment be entered in favor of plaintiff and against defendant for such relief as is requested in plaintiff's Complaint. ANDREW L. TZ, ESQ. Attorneys for Plainti AC Home Loans McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS v. JOHN W. KICHMAN, JR. Defendant NO. 09-CV-04193 CERTIFICATE OF SERVICE I, Andrew L. Markowitz, Esquire, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing Plaintiff s Reply to New Matter was served on the following persons on the 7`~ day of January, 2010 . by depositing same in the United States mail, first-class, postage pre-paid, addressed as follows: Mr. John W. Kichman 801 Butler Pike, HM-0735 Mercer, PA 16137 DATE: January 7, 2010 Andrew L. Mark~witz, Esq. Attorneys for Pl 'ntiff EXHIBIT "H" Coun~rywinde~ HOME LOANS P.O. l3ox 860694 Aa!las, TX 75266-0694 John W Kichman 801 BUTLER PIKE MERCER, PA 16137-5653 Send Payments to: P.O. Box 660894 Dallas, TX 7 5 288-0694 04/03/2009 Account No.. 165137617 Property Address: 219 Clay St. Enola, PA 17025 Current Servicer. Countrywide Home Loans Servicing LP ACT 9'1 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 lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. _The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the toroaram works. To see if HEMAP can help you must MEET W177i A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The names, addresses and phone numbers of Consumer Credit Counseling Agencies serving your County are fisted at the end of this Notice. ff you have any questions, you may call the Pennsylvania Houslna Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call 1-717-780-1869j. This Notice contains important legal infomnation. 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 heap you find a lawyar. LA N071FICACIbN EN ADJUNTO ES.DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VNIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIF{CACION OBTENGA UNA TRADUCCIbN INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NIiMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PR~STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDtMIR SU HIPOTECA. HOMEOWNER'S NAME(S): John W Kichman PROPERTY ADDRESS: 219 Clav St. Enola. PA 17025 LOAN ACCT, NO.: 16$137617 ORIGINAL LENDER: CURRENT LENDERlSERVICER: Countrywide Home Loans Servicing LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Phase write Yo~+ secant rumba. on all checks and eortaspo~dence. we mar charge ya. a tea (or any payrrerd reamed or reieaed by r~ rlrenclat IretituGon, avyect to aogicaae taw. Accotult Number. 168137617-2 . Make your check payable b ,john W IGctxrran Balance Due for charges Rsted above: 51,895.63 as of ApN 3, 2009. tAUntrywide Home Loans .write your acoourrt number on 219 G SL ~ yyoouurr ~~ ~ ITrOney ~~ Please .gdate e-mail irferrnation on Me reverse side of tl+is coupon. • Wrioa in any additional anrantts you are krdud'ay (t{ octal is more i401r°0na 1 than 55000. please sand Cert~ted aLQPAt P"16wa check) • DOnt alleCll you( Check b the A06ti0nai ~ ~ ~~ tMidude espordence • O on • Dant serve msh Count de PO BO 8X 60694 qha Dallas, TX 75266-0894 . - ~ ~ 11.,.1,I.I...1,{.l1,~.1f..II....it..I,1.,.1..11.1~.,I..1,.1,111 ...1 cry TOtal 168137617200000189563000189563 IF YOU COMPLY WITH THE PROV{SIONS 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. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay d foreclosure on your mortgage for Thirty (30) days froryt 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 CONSUMER CREDIT COUNSELING AGENCIES - ff 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 (3O) days after the date of this meeting. T"he your lender immediately of your necessary to schedule one face-to-face 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 problerrm with ttte 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 flied or postmarked withtn Thirty (30) 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. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of it_s decisicxr on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY TTiE 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 7HE DEBT. (If you Rave filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE 70 THE REASONS MENTIONED IN THl3 NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 219 Clay St. Enola, PA 17025 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past duo Monthly Charges: Late Charges: Other Late Chatnes: 02/01 /200fl 02!01!2009 Total Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: E-mail use: Provid~mutgg yyccwwr a-mail atfdress bebw wtN alkrly us m sand you information art your account. AcOOtIM Numhor:18613T617 Jolxl W kctmrnan E-ttkeil address $1,724.40 $43.38 $107.85 $20.00 ($0.00) $1,895.63 How alo post your paymettlc AN accepted paymarMs d principal end Interest w~l be applied m the brgest outuarmdirg instalimem due, unless dlwrwise expressly prohl"btted or Rmited by law. K ynu submit an amount in akkfitbn to ykxu scheduled mkxtthty amkwrd, we wi0 apply yoke payments es ti>ikrws: (i) b outstanding monthly payments d prindpa! and Intere5c, (117 BSCIVN deriGBfIC1eS, (IN') late CMR]aS And UCler amounts you owe h mnttedion wtrh your ban and (fV) b reduce the outsmrtdirtg principal balance d your ban. Please speary if you klrent an edditbnal amaurt applied to future peymerkts, rether than P~PeI reduction. Postdated t:hedkt Courttrywide's polcy is b not accept pasLdated checks. unless Specifically agreed to try a loan ootmsebr a technician. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do rtot use If not applicable)) HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice 8Y PAYING THE TOTAL AMOUNT PAST DUE TA THE LENDER, WHICH IS 51,895.63, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BEGONE DUE DURING THE THIRTY (30) DAY PERIOD. Paym~rrts must be made either by cashier's check, certified check or money order made payable and sent to: Countrywide at P.O. Box 660Fi94, DaNas, TX 75266-46A4. You o,-an cure any other defauK by taktnflthe foilawino action within THIRTY (30) DAYS of the date of this letter. (Do not use ff not apniir,ablel IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the [ender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may Lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY 130) DAYS, the lender also intends to instruct its attomeys to start legal action to foreclose upon your mortgaged property JF 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 stilt be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable 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, whEch may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you wiH not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due undor ttre mortgage- RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (~ DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sate at any time up to one hour before the Sherif'f's Sale. You may da so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - it is estimated that the earnest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's 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. }IOW TO CONTACT THE LENDER: Name of Lender: Countrywide Home Loans Servicing LP Address: P. O. Box 660694 Da/ias, TX T5266--0694 Phone Number: '/-800-669-6654 Fax Number: 7-805-577-3432 Contact Person: MS PTX-36 Attention: Loan Counselor EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of ttre mortgaged property and 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 the lender at any time. ASSUMPTION OF MORTGAGE -You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITi1TION TO PAY OFF THIS DEBT. TO FiAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, iF YOU CURE rHE DF:FAULT_ (i-IOWEVEft, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORF_ THAN THREE TIMES IN ANY f;A1.ENDAR YF_AR.) 22],7518269 TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTI~~IJTED 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 BANKRUf~TCY LAW. Your loan is in default Pursuant to your loan documents, Countrywide may, enter upon and conduct an Inspection of your property. The purposes of such an inspection are to (i) observe the ptlysical condition of your property; (ii) verify that the property is occupied andlor (iii) determine the Identity of the occupant. tf you do not cure the default prior to the inspection, other actions to protect the mortgagee's interest in the property (including, but not limited to, winterization, securing the propeRy, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your securky Instrument. If you are unable to cure the default on or before May 3, 2009, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: • Repayment Plan: ft is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan rec;wires that Courrtrywide receive, up front, at least %: of the amount necessary to bring the account current, and drat the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Or, tt is possible that the regular monthly payments can be lowered through a modification of the loan by reducinci the interest rate and ttren adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is limited fo certain loan types. • Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, R Is possible that the sale of your home can be approved through Countrywide even if your home fs worth less than what is owed on it. • Deed-In-Lieu: Or, ff your property is free from other liens or encumbrances, and if the default is due to a serious financial harciship which is beyond your control, you may be eligible to deed your property directly to the Notehoider and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with Countrywide, you must contact us immediately, If you request assistance, Countrywide will need to evaluate whether that assistance wilt be extended to you. In the meantime, Counrtrywide will pursue all ofi its rights and remedies under the loan documents and as permitted by -law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by May 3, 2009 as outlined above will result in the acceleration of your debt. Time is of the essence. If you have any questions concemirrg this notice, please contact Loan Counseling Center immediately at 1-800-669-6654. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBERLAND COUNTY Adams County Interfaith Housing AuUrority 40 E High Street Gettysburg , PA 17325 717.334.1518 CCCS of Western PA 2000 Unglastown Road Harrisburg, PA 17102 888.517.2227 Commur>ity Action Commission oT Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. Marenatha PHFA 2320 North 5th Street 43 Philadelphia Avenue 211 North Front Street Harrisburg, PA 17110 Waynesboro, PA 17268 Harrisburg, PA 17110 717.232.2207 717.762.3285 717.780.3940 800.342.2397 EXHIBIT "I" McCABE, WEISBERG & CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215 790-1010 Attorneys for Plaintiff BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. JOHN W. KICHMAN, JR. Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-CV-04193 AFFIDAVIT 1. I, FELISHA JACKSON, am employed by the plaintiff herein, BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP {herinafter "BAC HOME LOANS") in the capacity of Litigation Specialist at its office located at 5401 North Beach Street, Fort Worth, Texas 76137. I am custodian of the account and records of the defendant, JOHN W. KICHMAN, JR., with personal knowledge thereof. I am the keeper of the records and they are business records kept in the ordinary course of business. 2. On June 5, 2007, defendant executed and delivered to COUNTRYWIDE HOME LOANS, INC., d/b/a AMERICA'S WHOLESALE LENDER a Promissory Note in consideration for a loan made to defendant by COUNTRYWIDE HOME LOANS, INC. d/b/a AMERICA'S WHOLESALE LENDER. See Exhibit "B" to attached Motion for Summary Judgment. 3. On the same date, June 5, 2007, as security for payment of those sums due and owing by defendant under such Promissory Note, defendant made, executed and delivered to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for COUNTRYWIDE HOME LOANS, INC. d/b/a AMERICA'S WHOLESALE LENDER, a Mortgage against the premises described in Plaintiff's Complaint. A copy of said Mortgage with legal description of the premises is attached to the summary judgment motion and marked as Exhibit "A". 4. Subsequent thereto, on May 18, 2009, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee for COUNTRYWIDE HOME LOANS, INC. d/b/a AMERICA'S WHOLESALE LENDER, assigned all of its right, title and interest in the aforesaid Mortgage to BAC HOME LOANS, the plaintiff herein. See Assignment of Mortgage attached to summary judgment motion as Exhibit "C". The defendant is in default of the mortgage in that he has failed to make the required mortgage payments for the months of February, 2009 through the present date. The payment history is attached hereto as part of this affidavit. The Promissory Note which evidences the interest rate charged to defendant is attached hereto as well. The current rate of interest is 7.25% per annum. The records are accurate and kept in the normal course of business. 6. The mortgage has an acceleration clause which permits plaintiff to foreclose on the mortgage by judicial proceedings and sell the property at Sheriffs Sale in the event of any default thereunder. 7. On or about May 12, 2009, notices under Acts 6 and 91 were sent to defendant as required under the provisions of such Acts. 8. Because the defendant is in default, the plaintiff now requests this Honorable Court to grant summary judgment and enter judgment against defendant. The amounts due and owing by defendant to plaintiff under the subject Promissory Note and Mortgage are as follows: Principal balance Interest through 02/26/2010 (Plus $12.62 per diem thereafter) Late Chazges Escrow Advances Attorney's Fees and costs of suit GRAND TOTAL $ 62,659.64 $ 5,313.02 $ 216.30 $ 730.19 $ 2,181.14 $ 71,100.29 ~l VERIFICATION The undersigned, ~e I 1 S~(la ~Gt LKS~ n ,does hereby certify that he/she is U~l c~~itl b n S~CC t QI lst of the Plaintiff (BAC Home Loans Servicing I,P f/k/a Countrywide I-lome Loans Servicing I.,P) in the above matter; and that he/she is authorized to make this verification on its behalf and that the forgoing facts as set forth in the foregoing 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. ~- l~atc;d: (~ ~- I ~ f'~ ,. 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A N ? A N fn O O O !O W 1D O !O !O O z O O O v r ~ r p N ~ r A n 7 a'~ . ro N N ~ d d N N N A N iA pWp ~p pWp W W O O O O W W ~ '~ ~ sty 'a ~ O A O A W O O .~. O O 1~J1 O (N!1 1071 1N71 ~~ c o N ~O tN0 N i1! M 70c N 0 O N N N N v N N N O N N O O O O O~ O1 O1 m n d D O O O O N N N 1,,, W W O O O O O O O O O O O O v v~ ~ C O O O O O O O O O O N °-' 0 0 0 0 0 0 0 0 0 0 0 c 0 0 0 0 0 0 0 0 0 0 0 c e r m ~ N N N i/R N iA i1~ N i1~ N M O O O O O O O O O O O ~ O O O O O O O O O O O O O O O O O O N O mO b O O O O O O O O O N N ~ O O ~ O O O O O O O O O O O ,O~ O O O O O O O O O O O D N a n R p~ N N N N N O O O O O O n 0 0 0 0 0 0 0 0 0 0 00 °o °o °o °o °o 0 0 0 0 0 n McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff v. JOHN W. KICHMAN, JR. Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-CV-04193 CERTIFICATION OF SERVICE I, ANDREW L. MARKOWITZ, ESQUIRE, hereby certify that a true and correct copy of the within Plaintiffs Motion for Summary Judgment and attached documents were served on the 4`" day of March, 2010 by first-class mail, postage prepaid, upon the following: Mr. John W. Kichman 801 Butler Pike, HM-0735 Mercer, PA 16137 DATE: March 4.2010 ~ ANDREW L. MARKOWIT ,ESQUIRE Attorney for Plaintiff PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. BAC HOME LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. JOHN W. KICHMAN, JR. Defendant 1 2. 3 4. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Number: 09-4193 CIVIL TERM State Matter to be argued: Plaintiff s Motion for Summary Judgment Identify counsel who will argue case: (a) Andrew L. Markowitz, Esquire o 123 South Broad Street, Suite 2080 ~ ' `~ Philadelphia, PA 19109 ? ~ ~ ,' e- CEi r ~ C'- ~4 (b) John W. Kichman, Jr., Pro Se ~,-= _ t~,~,, 801 Butler Pike, HN-073 5 ~`~ ,--. -ca Mercer PA 16137 ~ ~--' ~~ ~ ~~ ~ rn I will notify all parties in writing within two days that this case has been listed fo CJ rte "~ argument. Argument Court Date: DATE: March 4, 2010 ANDREW L. MAWITZ, ESQUIRE Attorney for Plaint' f BAC HOME LOANS SERVICING IN THE COURT OF COMMON PLEAS OF L.P., f/k/a COUNTRYWIDE CUMBERLAND COUNTY, PENNSYLVANIA HOME LOANS SERVICING L.P., Plaintiff CIVIL ACTION -LAW vs. N0.09-4193 CIVIL JOHN W. KICHMAN, Defendant IN RE: DEFENDANT' S MOTION FOR CONTINUANCE OF ARGUMENT SET FOR JUNE 17, 2010 ORDER AND NOW, this ~ t ~ day of June, 2010, the motion of the defendant to continue the azgument set for 3une 17, 2010, is GRANTED and azgument on the defendant's motion to strike and/or amend admissions is set for Thursday, August 19, 2010, at 2:00 p.m. in Courtroom Number 4, Cumberland County Courthouse, Cazlisle, PA. BY THE COURT, /! Kevin .Hess, P. J. ./Andrew L. Mazkowitz, Esquire 123 South Broad Street, Suite 2080 Philadelphia, PA .19109 ~hn W. Kichman, HM-0735 801 Butler Pike, Mercer, PA 16137 :rlm ~ ES rri~.[ L~r Zliv ~~ ('~ N O ' ~ ~ ~ ~~ c _- z T 1i1 r- ~~ ~~ Y~ (~i? "~ M ' PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. BAC HOME LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. JOHN W. KICHMAN, JR. Defendant 1. 2 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Number: 09-4193 CIVIL TERI`/1 State Matter to be argued: Plaintiffls Motion for Summary Judgment ~C~ n Identify counsel who will argue case: -r? ~~-~ n;jr~ ~~ .- (a) Andrew L. Markowitz, Esquire ~'r `:: 123 South Broad Street, Suite 2080 ;:= ~-• Philadelphia, PA 19109 ~• ~- ; ru : ~..,_ .~- ' r or Matthew J. Eshelman, Esquire P.O. Box 1080 Camp Hill, PA 17001 (b) John W. Kichman, Jr., Pro Se 801 Butler Pike, HN-0735 Mercer, PA 16137 3 4 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: DATE: June 16, 2010 August 18 2010 ~'~, 0 c~ c_ N w ~_ 7, ~~ _-~ m ~. ~ C-`' t_ ~ ,.r, ;.,: _' -, ~1 i ANDREW L. OWITZ, ESQUIRE Attorney for Plaintiff 1 McCABE, WEISBERG & CONWAY, P.C. BY: Andrew L. Markowitz, ESQUIRE Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (218) 794-1014 Attorney for Plaintiff BAC HOME LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. JOHN W. KICHMAN, JR. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Number: 09-4193 CIVIL TERM CERTIFICATION OF SERVICE I, ANDREW L. MARKOWITZ, Esquire, hereby certify that a true and correct copy of the within Praecipe for Listing Case for Argument was served on the 16th day of June, 2010, by first- class mail, postage prepaid, upon the following: John W. Kichman, Jr. 801 Butler Pike, HN-0735 Mercer, PA 16137 DATE: June 16, 2010 ANDREW L. Attorney for Z, ESQUIRE BAC HOME LOANS SERVICING L.P., f/k/a COUNTRYWIDE HOME LOANS SERVICING L.P., Plaintiff vs. JOHN W. KICHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.09-4193 CIVIL IN RE: DEFENDANT' S MOTION TO STRIKE AND/OR AMEND ADMISSIONS ORDER AND NOW, this ~ ~ day of September, 2010, the motion of the defendant to Strike and/or Amend Admissions is GRANTED and his answers dated March 19, 2010, and filed Mazch 26, 2010, shall be deemed to be timely responses. BY THE COURT, drew L. Markowitz, Esquire 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 John W. Kichman, HM-0735 801 Butler Pike, Mercer, PA 16137 :rlm II. ~o ~'~s mac l~l.~ 4~5~~~ ~~ ~ ~ a -n urn 9~' r n ~ ~~ ~,...z: ' t~;_ .~.. ~ ` r1' =y, r~ ..~ ~~ ~ y ~c .c? o BAC HOME LOANS SERVICING L.P., f/k/a COUNTRYWIDE HOME LOANS SERVICING L.P., Plaintiff vs. JOHN W. KICHMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-4193 CIVIL IN Rl?: MOTION TO CONTINUE ARGUMENT SET FOR AUGUST 18, 2010 AND MOTION FOR VIDEO OR TELEPHONE CONFERENCE FOR ARGUMENT ORDER AND NOW, this day of September, 2010, in light of our order granting the defendant's relief, the motions of the defendant for video or telephone conference and for continuation of the argument scheduled for August 18, 2010, are DISMISSED as moot. /Andrew Markowitz, Esquire For the Plaintiff ohn Kichman, Pro Se 801 Butler Pike, HM-0735 Mercer, PA 16137 rlm CCT t ?S rye c 9lis f r? c? Q VJ ... -l . V ? p • . f A \ n _-6 , w+ BY THE COURT, BAC HOME LOANS SERVICING IN THE COURT OF COMMON PLEAS OF L.P., f/k/a COUNTRYWIDE CUMBERLAND COUNTY, PENNSYLVANIA HOME LOANS SERVICING L.P., Plaintiff CIVIL ACTION - LAW vs. NO. 09-4193 CIVIL JOHN W. KICHMAN, Defendant IN RE: MOTION TO CONTINUE ARGUMENT SET FOR AUGUST 19, 2010 AND MOTION FOR VIDEO OR TELEPHONE CONFERENCE FOR ARGUMENT ORDER AND NOW, this IV day of September, 2010, in light of our order granting the defendant's relief, the motions of the defendant for video or telephone conference and for continuation of the argument scheduled for August 19, 2010, are DISMISSED as moot. BY THE COURT, Kevin A. Hess, P. J. ?Andrew Markowitz, Esquire For the Plaintiff /John Kichman, Pro Se 801 Butler Pike, HM-073 5 Mercer, PA 16137 :rlm Qlts??o ?.' i?T c 0 m r'n -? i ;? m McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V. JOHN W. KICHMAN, JR. Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-CV-04193 PRAECIPE TO WITHDRAW PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: -<> Kindly withdraw Plaintiff's Motion for Summary Judgment which was filed on or about March 5, 2010, in the above-captioned matter, without prejudice. McCABE, WEISBERG & CONWAY, P.C. By: ANDREW L. Attorneys for ESQUIRE Date: October 7.2010 McCABE, WEISBERG & CONWAY, P.C. BY:. ANDREW L. MARKOWITZ, ESQUIRE Identification No. 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff V. JOHN W. KICHMAN, JR. Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-CV-04193 CERTIFICATE OF SERVICE I, ANDREW L. MARKOWITZ, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Praecipe to Withdraw Plaintiff s Motion for Summary Judgment was served on the below parties on the 7th day of October, 2010 by the United States mail, first class: Mr. John W. Kichman 801 Butler Pike, HM-0735 Mercer, PA 16137 DATE: October 7, 2010 ANDREW L. WITZ, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Attorney ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BANK OF AMERICA, N.A. as Successor by Merger to BAC Home Loans Servicing, LP Ulda Countrywide Home Loans Servicing LP Plaintiff V., JOHN W. KICHMAN, JR. Defendant Attorneys for Plaintiff rn r C.n . ? tN 6 a- ?v _--I =-- D ,-' C? C: N r CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-CV-04193 PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, BANK OF AMERICA, N.A. as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing, LP (hereinafter referred to as "BANK OF AMERICA"), by and through its attorneys, McCabe, Weisberg & Conway, P.C., now moves this Honorable Court, pursuant to Rule 1035.2 Pa. R. C. P., for summary judgment in its favor and against defendant JOHN W. KICHMAN, JR., and in support thereof alleges as follows: 1. Plaintiff BANK OF AMERICA is a national banking association duly organized and doing business at 1800 Tapo Canyon Road, Mail Stop # SV-103, Simi Valley, CA 93063. 2. Defendant is the last record owner and mortgagor of the mortgaged property located at 219 Clay Street, Enola, PA 17025. 3. On June 5, 2007, defendant executed and delivered to COUNTRYWIDE HOME LOANS, INC. d/b/a AMERICA'S WHOLESALE LENDER a Promissory Note in consideration for a loan made to defendant on such date, whereby defendant promised and agreed to pay to COUNTRYWIDE HOME LOANS, INC. d/b/a AMERICA'S WHOLESALE LENDER the principal loan amount of $63,600.00, plus interest, in 360 monthly payments of $433.86 each commencing on August 1, 2007 and continuing on or before the V day of each succeeding month with a final payment due on or before July 1, 2037. See Exhibit "A". 4. Also on June 5, 2007, as security for payment of those sums due and owing under such Note, defendant made, executed, and delivered a mortgage to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee and agent for COUNTRYWIDE HOME LOANS, INC. d/b/a AMERICA'S WHOLESALE LENDER upon the above premises, which mortgage is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Mortgage Book 1995, page 3308. A copy of said mortgage is attached hereto, made a part hereof and marked as Exhibit "B". 5. The premises encumbered by the subject mortgage is all that certain real property and improvements in East Pennsboro Township, County of Cumberland and State of Pennsylvania, being known as 219 Clay Street, Enola, PA 17025, and being more fully described in the mortgage attached hereto as Exhibit "B" 6. On May 18, 2009, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., as nominee and agent for COUNTRYWIDE HOME LOANS, INC. d/b/a AMERICA'S WHOLESALE LENDER assigned all of its right, title and interest in the aforesaid Mortgage to BAC HOME LOANS SERVICING, LP, f/k/a COUNTRYWIDE HOME LOANS SERVICING, LP, by Assignment of Mortgage duly recorded in the Office for the Recorder of Deeds in and for Cumberland County as Instrument Number 200932617 and attached hereto as Exhibit "C". 7. Thereafter, on July 1, 2011, BAC Home Loans Servicing, L.P. merged with and into Bank of America, N.A. under the provisions of the National Bank Act. As a result, all rights, franchises, and interests of BAC Home Loans Servicing, LP in and to every type of property (real, personal, and mixed) and chooses in action were transferred to and vested in Bank of America, N.A., without any deed or other transfer. 8. On June 22, 2009, plaintiff commenced this action by the filing of a complaint in mortgage foreclosure. 9. Thereafter, defendant responded to Plaintiffs Complaint by the filing of Preliminary Objections, and on August 17, 2009, plaintiff filed its First Amended Complaint in accordance with Rule 1028(c) Pa. R. C. P. A copy of the Amended Complaint is attached hereto, made a part hereof and marked as Exhibit "D". 10. On September 8, 2009, defendant filed Preliminary Objections to plaintiff s First Amended Complaint and on September 22, 2009, plaintiff filed its Answer to defendant's Preliminary Objections to plaintiffs First Amended Complaint. 11. On December 1, 2009, the Court entered an Order dismissing defendant's Preliminary Objections to Plaintiff s First Amended Complaint. 12. On December 28, 2009, defendant filed an Answer and New Matter to plaintiff s First Amended Complaint. (See Exhibit "E"). 13. On January 5, 2010, plaintiff served on defendant a Request for Admissions (See Exhibit "F"), and defendant's response to such Request for Admissions is attached hereto as Exhibit "G". 14. Thereafter, on January 12, 2010, plaintiff filed its Reply to Defendant's New Matter (See Exhibit "H") 15. Prior to the commencement of this action, on May 12, 2009, Plaintiff had sent notices to defendant under Acts 6 and 91. See Exhibit "I". 16. The Complaint, and Affidavit of Plaintiff s Assistant Vice- President attached hereto and incorporated into this Motion, as Exhibit "J", establishes defendant's default under the Mortgage by his failure to make the required mortgage payments for the months of February, 2009 through the present date and such Affidavit further sets forth the exact amounts that defendant owes to plaintiff, and defendant has not come forth with any supportable information to rebut this allegation. 17. 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 purchase at Sheriffs Sale. 18. All procedural local, state, and federal rules, regulations, and laws with respect to mortgage foreclosure have been complied with by plaintiff. 19. There are no issues of material fact remaining, and plaintiff is entitled to summary judgment on its mortgage foreclosure action against defendant. WHEREFORE, plaintiff requests this Honorable Court grant summary judgment in Mortgage Foreclosure in favor of plaintiff BANK OF AMERICA and against defendant JOHN W. KICHMAN, JR. and enter judgment against defendant, in the amount $ 82,85 7.70, together with interest at the rate of $12.41 per diem from November 5, 2011 to the entry of judgment, plus costs and interest from the date of judgment as provided by law and for such other and further relief as the Court shall deem to be just and proper. Respectfully submitted, McCABE, WEISBERG & CONWA Y, P. C. BY: ANDREW L. MARKO ITZ, ESQ. Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Attorney ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BANK OF AMERICA, N.A. as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. No. 09-CV-04193 JOHN W. KICHMAN, JR. Defendant 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 parry 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 her pleadings, alone, are sufficient to raise a genuine issue of fact so as to defeat the motion. The adverse parry 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 instant matter, the pleadings, exhibits, and Affidavit of plaintiffs Assistant Vice-President and 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. The Complaint, Answer, Affidavit of plaintiffs Assistant Vice-President evidencing the interest charged, and Request for Admissions clearly establish defendant's default on his payment obligations under the Mortgage and further set forth the amounts 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 Federal Land Bank of Baltimore v. Fetner, 410 A. 2d 344 Pa. Super (1979). Plaintiff's attached Exhibits and Affidavit in support of this motion, thus establish conclusively that defendant executed a mortgage and Promissory Note delivered to plaintiff, that defendant defaulted in making the required payments due thereunder, 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 his 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 Pennsyylania National Bank, 282 A.2d 335, 445 Pa. 217, 225-6 (1971). Furthermore, defendant raises no genuine issue of material fact when denying the amounts owed by defendant to plaintiff. Case law on this issue is exceedingly clear, holding, "[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 defendant regarding the amounts owed by defendant to plaintiff, are not an issue of material fact in this strictly in rem proceeding. In his Answer to paragraphs 9 and 10 of plaintiff s Amended Complaint, defendant denies that the subject mortgage is in default based on his claim that "plaintiff had in its possession two checks totalling $2,470.63" which checks defendant alleges were returned to him shortly after the commencement of this action. See Defendant's Answer to Amended Complaint, paragraph 9. In support of this argument, Defendant attaches to his Answer a photocopy of two personal checks, one dated June 10, 2009 in the amount of $1,895.63 and the second dated June 12, 2009 in the amount of $575.00. Contrary to defendant, such allegation does not raise any genuine issue of material fact and must be rejected as a matter of law. As stated in Section 404 of Act 6, 41 P. S. Section 404: b) To cure a default under this section, a residential mortgage debtor shall: (1) Pay or tender in the form of cash, cashier's check or certified check, all sums which would have been due at the time of payment or tender in the absence of default and the exercise of an acceleration clause, if any ... In this instance, defendant does not allege that he tendered a cashier's check or certified check to cure the arrearages in his account as required by this statutory provision, and clearly the checks referenced in his answer were nothing more than personal checks. This statutory requirement was also repeated in the Act 6 and Act 91 notice sent to defendant where it stated in italicized form that "payments must be made either by cash, cashier's check, certified check or money order". See Exhibit "I", page 3. As a matter of law, defendant failed to cure his default as required by Section 404 of Act 6 and plaintiff was entitled to return such payments to defendant and proceed with the instant action. Not only were the checks referenced by defendant not in the proper form, they were also not in the correct amount. The notice sent to defendant under Act 6 and Act 91 clearly stated that the total past due amount on defendant's account was $2,492.12, including monthly payments due for the months of February 1, 2009 through and including May 1, 2009, and that to cure his default defendant was required to forward this amount "PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE" since the mailing of such notice. In this instance, defendant's mortgage payment for the month of June, 2009 had become due on June 1, 2009 but defendant failed to include such June, 2009 payment in such tender. Clearly, then, defendant failed to cure his default as a matter of law by tendering checks in an improper form and also in an insufficient amount. Defendant failed to satisfy the requirements of 41 P.S. Section 404 and his assertion that his loan account was not in default fails to raise any genuine issue of material fact but rather must be rejected as a matter of law. 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, eg., 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 defendant based upon his mortgage obligation. As set forth herein, defendant does not dispute the existence of the mortgage documents and plaintiff has conclusively established defendant's default in making the required payments due thereunder. Thus, even construing the allegations of defendant's Answer in a light most favorable to defendant, such allegations simply do not, as a matter of law, constitute a cognizable defense to foreclosure. The pleadings, exhibits, and Affidavit of plaintiffs Assistant Vice- President and Request for Admissions establish conclusively that defendant has defaulted in his payment obligations under the subject Mortgage and Promissory Note and there are no genuine issues of material fact. As a result, the entry of summary judgment is appropriate as a matter of law. WHEREFORE, plaintiff requests this Honorable Court enter summary judgment in its favor and against defendant, JOHN W. KICHMAN, JR. Respectfully submitted, McCABE, WEISBERG & CONWA Y, P. C. BY: KO ANDREW L. MARKO Attorneys for Plaintiff EXHIBIT "A" 0 Prepirad by. ESTHER OREAVES NOTE JUNE 05, 2007 LEBANON [Data) [Ciryl 219 CLAY ST., SNOLA, PA 17025 (Property Address) 1. BORRO'WER'S PRObUSE TO PAY in return for a loan that I have received. I promise to pay U.S. 5 6 3 , 6 0 0. 0 0 "Principal", phis interest, to the order of the Leader. The Lender is Countrywide Home Loans, Inc. dba AraerioaIe Wholesale Lender 11 eats der this N to in the form of cash check or money order. LOAN 1f: 168137617 PENNSYLVANIA [Stara) (this amount is called I will make a paym un o , I understand that the Lender may transfer this Note. The Lander or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is callod 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 7.250 36. The interest rate required by this Section 2 is the rate I will pay both before and after uny default described in Section 6(13) of this Note. 3. PAYNSPITS (A) Ttme 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 01, 2007 . I will make these payments every month until I have paid all of the prinoipal and interest and any other charges described below that I may owe under this Notc. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on JULY 01, 2037 , I still owe amounts under this Note, I will pay those amounts in fall on that date, which is called the "Maturity Date." I will make my monthly payments at P.O. Box 660694, Dallas, TX 75266-0694 or at a different place if required by the Note Holder. (B) Amount of !Monthly Payments My monthly payment will be in the amotuit of U.S. S 4 3 3 . 8 6 4. BORROWER'S RIGHT TO 11RKPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as u "Prepayment." When I make a Prepayment, I will tell the Note Bolder 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 firll Propayineat or partial Prepayments without paying a Prepayment charge. The Note Holder will use my prepayments to reduce the amount of Principal that .1 owe under this Note. However, the Note Holder may apply my Prepayment to Cho 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 date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. IRAN 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 ponmitted limit; and (b) any sums already collected from me which exceeded permitted limits will be retlinded 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. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder hits not received the Rill amount of any monthly payment by die and of I'TPTEEN calondar days after the date it 18 due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 0A of my overdue payment of principal nad interest. I will pay this late charge promptly but only once on escli late payment. (B) Default If l do not pay the fall amount of each monthly payment on the date It is due, I will be in deihult. MULTISTATE FIXED RATE NOTE-Sin¢I4 Family-Fannie Maawreddle Mae UNIFORM INSTRUMENT 4ft.SN (0207).01 CHL (010104)(d) Papa 1 or 2 VMP Mutiaage SohAons. Im (800)621-72at mnwu: Jr- Form 32001/09 • 2 3 9 9 1 • • 1 0 8 1 3 7 6 1 7 0 0 0 0 0 2 0 0 6 N LOAN #t 168137617 (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 the 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 mast be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver Ity 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. (L) Payment of Note Holder's Costs and ICxpenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys, fees. 7. OWING OF NOTICES Unless applicable law requires a dif'f'erent method, any notice that trust 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 difforent address. Any notice that must be given to the Note Holder under this Note will be given by delivering It or by mailing It by first class mail to the Note Bolder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDUR. TfdIS NOTE keep all of the miles made in If more than one person signs this Note6 each person is ftillly and personally obligated to P a Prothis Note, including the promise to pay the hill amount owed. Any person who is a guarantor, surety or endorsor of this Note Is aiso obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, autety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may onfbroe its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVICILS 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 Molder to demand payment of amounts due. "Notice of Dishonor" means the fight to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note Is a uniform Instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under ibis Note, a Mortgage, Deed of Trust, or Security Deed (the "Socurity 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: 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 Insrrumeot. 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 thaw 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. WITNESS THB ) AND 4P E1tvIQNED. i ?? (Seal) JOHN N. KSCM4AN JR -Bortower (Seal) -Borrower _ (Seal) -Borrower _ (Scat) -Borrower [Sign Original 0181Y1 .5N (0207).01 GHL (10104) Page 2 012 Porm 3200 1101 0 710918 p.4 Jun 06 07 11:03a 0 pitzgibbona t+royarsd llc B6tttFR t;ttEAVES LOAN $ z 168131617 NOTE JM 05, 2007 LBBAODN BsNN MVxbm tp.ul (Oil I&94 219 MAY Mr.. zm=, EA 17025 IRa"Addaal 1. HORROWWS PROMIS8 TO PAY is return for a kauh that I have received, I ptordse to pay U.S. S 53, 600.00 (this amount is called "principal'), plus intatA to tits order of the Lou-. The Leader is countrywide Home Loans, Inc. dba AMsXiCa06 Wholesale Leader [will malty an payments uader this mottle the foes of ash, chock ormalay ender. I understand that We Leader may #msftt this wale, The tender or "m who takes this Non by trassior and who is opts w to recaivo pttyrt cto haft this Noto is called We "Nate Hotdc4" 2. lolevest will be dmtged on vapaid pdaoipd and am 8d1 anaust of Pdn*d has begs mid. I will pay interest at a yearly rata of 7.230% Section 6(B) The hhterest rate rtqulred by this Section 2 is the rate I will pay both before mad a&v ally dehult described in of 0& Note. 3. PAYMBM (A) Thus and Place of Psymob I *2 pay ptinCipmi and interest by m1das a payer sky me I win make say insanely paymaat on the SIM day of each aaoothbeenainlt on ltrMST 01, 2007 .1 will make tbom payawta every modthutil I have paid allof rho p dn*d and iulmsst and any agar dwgc$ daaibod below that I may owo under this Nan. T>ach moatbi9le plM will be soiled me of its abed" due date and will be applied to iawtW balan Primlpel. It on JW,Y 01, 2037 , I still awe sawurtts under this Notes, I wilt pay those mawbats to &It on trot data, which is ailed do Valsvity Date." I will make my monthly payments at p.o. Bohr 660694, pallab, 7X75526 94 or atadiRereatplace Xreq%red by (Is) Amount of M,oathly Peymsata My monft payment WM be in dm ttmoUnt ofU.S. $ 433.86 4. BORROWI N'S RIGHT CO PRRPAY due. A payment of prloelpal only it lawtvtt ae a I have rise dirt to rehabs papmsats of pdulpd at arty time bcrae they orb "prepayrmsrt." When I make a Pnp wAx4 I will ten flit Note Holder in anises that I em doing so. I may not du%wta a payment o a Prapaymmtt if t have not made all the monthly paym V doa under the Note I stay MAW a fan proveyment or parlial prwga wm widicat payhbg a Prepaymont chasgo, The NOW Holder will use my Prepayments to reduce the asnauat of P&44 that I owe and br ROIL I +? Men t Holder may ably my prepayeavat of to to&= to the amsed and unpaid interest on the Prepayment amount, Ow Note. If I make a partial f mpaym tk4 there will be no Chanties in the des date or its the Mouat of oy monthly paymud unless the Note [colder agrees in writing to throe chants. 6. LOAN CHARM d so that the fetetast or other Ira law, which sppiles to this loan sal which seta mmxlmnm loan Charges, it fotany Intetxe ds m loan chat" valkated or to be collected In connection with thls wspadit he tuns and l knits, amts) my p? v collected loan lloetod cotter mp shall be toduced by the amount necessary to reduce the chaBa any already from aw which excocdod permitted miudts will be reamded to tree. The Note Holder may choose to make this roltmd by Macias tow Principal I owe under this Noto or by making a dkect poy-tt to am If a rd"d roduece principal, the redaatkt will be treated as a padhd Prepayment. 6. BORIOWBRS BAI LU M TO PAY AS RidQUIRRD (A) Late CYaM for Overdue Payments alettendu If on Non Holder hits trot received the till ataonat of any m xo* payment by dm and of FT .Coo cAmy days athx rise date it is doe. I will pay a late charge to the note Holder. The amount of u1 t &ulle ]?Iaos wialt on be htBe1 each Into payment . overdue mmucat of p?lpal end interest. I wilt pay tlila late charge promptly 9* i 071b706202_14 Tun 06 07 11s04a0 Fitzgibbons 70 20918 P"5 LOAN I% 1611137617 (C)?40*eofDefatdt if I =in &a* the Note Iloilo may mead m a mittmt w" tegioB me that if I do not pay dw overdite mwort by a certain due, the Nom Holder may wgWm too m pay imme&* the Boa mom of Prbdpl wbioh bas ant boom paid mud all das Wrest dot I owe on that smoamt. That date mug be at inns 30 days after die dole on whhob the notice is allied 10 ttw or deliverod by otber tnemms. (U) We Waiver By Nato Holder Bean ff. st a time wbm I sea to &Wilt, the Note HoWaf does not room me to pay itmmillstaly in MA as domdbed above, the Note Holder will real have die dgbttodo to 1fI am his de6wk at a Isla Clam (9) ra ama ofWota !holder's Costs and Sxpsasa If d,a Photo Holder has tagaited the to pay immaedW* te tWl as dela*W'boys, taw Note Holder MR have the sight to be paid body by ms Ex all of it, eost$ std etW= m te enftcW fish Not te the setemt not prpldbttad by oApilcoble law. Tbomo axposan imbude, ftu exam^ masoaft atootmcyf reelh 7. GIVING " Or ROTHM1 ombla law e a difibromt medwd, o" aottes that mud ba given to nw molar this lift will be sWrk by Union aby- dalirads*ga it or by midgmg It by Isy li &nt less small to tma at dw Prapwty Address above of at a dHleraat address ff I give the Note Holder a ncttos of toy -IM ' addrw. Any modem that m d be Sim to die Hole Holder under this Note war be gives by dativa t It or by mallieg It by fist class mail b the Now Nelda at dw addm w stated in section 3(A) above of at m different address if l am given a ttotke of (hot dt rededrhesa. & OM IGATAM OMRSONS ONDSILTIO NOTE ol>ti the prode in If moue theta eau pcmn sigma this Note, arh petst k DAY and pomlly Il0 el all a of f the ofsdscm Note is ibis Note, Wmilda the I * to p q the &11 smmont owod. Any paaom who to a td to liter emty crflea ma of this NoLe is also obligated to do theme Ihhtgs. Any pm* m who takes over theme obdg dodo, htehm1bg the obNlladom of a ; o of on&"" of" Nom, is also obltgoled b keep all of the promises toodo in this Nots. no Note Holder tmy cs&tcc Us sighs under this Note auaiust onch ponon inliMAIRy or agaiwt sU of w togedw.,rW mesas that any out of mm may be saltshed to pay all of the stamts owed under this Note. I wad undo this Nora wd- the tlgha of Ptescotmatt mete Nodco of MEMO or. 9. sod iS a4y otter person who has obdgsdoW 'Ptaeatmam" moans the right to mgWw the Note flouter to denoted payment of &wants duo. Medea of DbhoAcO memos (he right m tega?e (beNote Holder m give melon 10 o0arpetom flat amounts des law not bona gold. 1a vNlBOtfatt SBCDIt»! lYOT6 1a addition to the leado m given to the This Noce $ a unifomt huaummt wW(1hdUed vadatlams in ammo jnrhstsedoms Nora xotda under this Note. a MortQAgo. Deed of Ttumt, of Samitj' Deed (dw "5eeurity Iaetmmwnt"). dated the mrm date as this Note, p tins Note lxolder feast twssit+le nines wWoh migbcraadt i[i de mot Troop the k es which I ax to win N(Re. That 5ixmity Iashomeat demotlttom how and tads whet eomdldena Imay be nuprieed to nodes ft iramedinte payuren(in Arit ofahl anwnnts I oaetmder tbia Piste. Soma of erase mndidam are daetibed sa foBorfs: TiaU a any paA of qw Property or suy fatma+t ha rho Propexty fm geld or trattefmtod (or iFliotmwer Is not e utund pmwm and a bnneliciel Went In Basorror i• aohd of ttamrta-4 wttlont I-does prior wrlman oomsal,I,cpder may joquito immadlste paymoct in full of all mm scoured by this Security hunvtnent. llowever, this opd m"mot ba examWby Lmdet if mmb exercise b pmbiMied by Applkabla Law. If T, exataisea d" option. I ender Suasive llotwWa notice of accelmadm Tba modco shall provide a period of not lea firma 30 days ftm dw data tie notioc to given in aocombAce with section is witim which Betrowa saset pay an mm noted by des SemWty Lrsbumeat. IfBorrower MIS to pay then MW PdW 10 90 eogdmiion of this period, Leader may imoka any moo lies pennitted by this Sawrity lash mod hout notice or deosand on Hommar. WITNP,SS THE IiANM) AND sHAL(s) OFTT18 O}1 l=R I m* ? () (Seel) ••rd?--? -mutfower JoW M. KZCaMae JR -flaKaMG (5? .0o rt?xv) _eorwwer 134" Original Only) >'a0e 2 a 2 Force 32001101 4RfiflNo7Mi Ct(L(10/e4} o7is?05203_14 717274• p•8 Jun 06 07 113050 Fltxgibbons DOC ID #z 00016813761706007 BY SjWWo BBL OWE Bomwa amgb Bad Wm b the terms and coywmb comtotncd in Otis S,,dly 7as>sa MM gad is wy RWweoteemod by Ba w-aadxmded with R. .? (Seal) JOHN W. KTCTDM ak .Borrower ---(swn mower -(Beau -Borrower (Sent) .Borrower 1%4WA)psoe? CHt MS) Paaeteet77 F*M3 le N01 07'i5705206 14 EXHIBIT "B" ?00T JUN 12 Rig IO 5 Prepared By: ESTHER GREAVES Countrywide Home Loans, Inc. dba America's Wholesale Lender 1210 NORTHBROOK DR.#300 TREVOSE PA 19053 ' Phone: (215)322-.3700 AfterR=ording Rcturn To: COXMTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING llll?f? ? III?I P.O.Box 10429 610 168137617 02 0 Van Nuys, CA 91410-0423 _ ? 1 001 Parcol Number: Premises: 219 CLAY ST. ENOLA PA 17025 [Space Above This line For Recording Data] MORTGAGE 00016813761706007 [Doc XD #] sK,i 995PG33011t 1 `f f t DOC ID #: 00016813763.706007 MEN 1000157-0001424767-6 DEEM4MONS Words used in multiple sections of this document ate 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 O 5 , 2 0 0 together with all Riders to this document. (B) "Borrower" is JOHN W KICHMAN JR Borrower is the mortgagor under this Security Instrument. (C) IINZ tS" is Mortgage Electronio Registration Systems. Inc. M1i.S is a separate corporation that is acting solely as a nomince for Lander and Lender's successors and assigns. b=RS is the mortgagee under this Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telepharto number of P.O. Box 2026; Flint, M148501-2026, tel. (888) 679-MEAS. (D) "T.omder" is Countrywide Home Loans, Inc, dba America's Wholesale Lender Lender is a CORPORATION organized and existing under the laws of NEW YORK Lender's address is 4500 Park Granada MSN# SVE-314 Calabasas, (M 91302--1613 (E) "Note" means the promissory note signed by Borrower and dated JT NE 05, 2007 The Note states that Borrower owes Lander SIXTY THREE THOUSAND SIX ElLaMP.ED and 00/100 Dollars (U.S. S 63 , 600. 00 -BA(PA) (0509) Ctil.. (10105) cw ) plus interest. Borrower has promised to pay this debt in regular Page 2 of 17 Form 3039 1l01 UKI995PG3309 Q DOC ID ##: 00016813761706007 Periodic Payments and to pay the debt in dell not later than JULY 01, 2037 (1+) "Property" means the Property that is described below under the heading "Traaafer of Rights in the Propcztq " (G) "Lean" means the debt evidenced by the Not,, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest: (H) "Riders" means all Riders to this Security Insuumont that arc executed by Borrower. The following Riders are to be executed by Borrower [check hnx as applicable]: Adjustable Rah: Rider Condominium Rider Second Home Rider Balloon Rider iq Planned Unit Development Rider 1A Family Rider VA Rider LUUUJ Biweekly Payment Bider Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the eflbct of law) as welt as all aPPHcablc final, non-appealable judicial opinions. (7) "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. (19 "Electronic Blonds Transfer" means any transfer of finds, other than a transaction originated by check, draft, or similar paper inshmment, which is Initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, inshuc4 or authorize a financial institution to debit or credit an account. Such term includes, but is not limitad to, point-of-sale transfers, automated teller machine tfansactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those Items that are described in Section 3. (M) "Miser+llaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) fez: (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 (1i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "Ii88PA" means the Real Estate Settlement Procedures Act (I2 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security inshvment, ITMPA" refers to all requirements and restrictions that arc imposed in regard to a "foderally related mortgage loan" oven if the Loan does not quality as a "federally related mortgage loan" under RESPA. (9) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. -BAjPA) (0505) CHt_ (10105) Papa 3 W 17 Form 3038 1/oi BK I995PG3310 a DOC ID #: 00016813761706007 TRANSFER OF RIGRTS IN TSM PROPERTY This Security Instrument secures to Lender: (t) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (h) the performanco of Borrower's covenants and agreements under this I Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to M$RS (solely as nominee for bender and Leader's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the COUNTY of CUMBERIJA m (Typo of Rocord;ng Jurisdiatkm] (tdaroo of Recording lurkdtoaon] SEE EXHIBIT "A." ATTACH= HERETO AND MADE A PART HEREOF. I i which currently has the address of 219 CLAY ST., ENOLA IStr«t/City] t Pennsylvania 1702S ("Property Address': j IZiP Code] TOGE17MR W1T1E1 all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property- All replacements and additions shall also = be covered by this Security Instrument. All of the foregoing is referred to in dds Security Instrument as the 1+ "Property." Borrower understands and agrees that MFRS holds only legal title to rise interests granted by Borrower in this Security Instrumont, but, if necessary to comply with law or custom, MFRS (as nosninea for Lender and Lender's successors and assigns) has the right: to exercise any or all of those intomts, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROV4M COVENANTS that Borrower is lawfully soised of the estate hereby conveyed and has the right to mortgage, grant and convoy 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 enoumbranees of record. { -6A(PA) psoa) CHL (10105) P"o a of 17 Form 3039 1/01 t QK 1995PG33 t -P DOC ID #: 00016813761706007 THIS SEC''URrIY INS'TRUMENT' combinas uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security Instrument covering real property. UNWORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by d4c Now 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 trade in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of tho following forms, as selected by Leader: (a) cash; (b) money artier; (e) 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 Irunds TYansfbr. 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 Leader In accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments arc Insufficient to bring the I Loan current. Lender may accept any payment or partial payment insufSoient to bring the Loan current, without waiver of arty 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 uuapplied { Herds. Lender may hold such unapplied funds until Borrower makes paymettt to bring the Loan current. If 1 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 ralicve Moaower f om malting payments due tinder the Note and this Security instrument or performing the covenants and agreements seaweed by this Security Instrwnent. j 2. Applieattoa of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Louder 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 tho 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 Lander roceivus a payment atom 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 full. To the extent that any excess exists afiur 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 charger and then as described in the Note. Any application of payments, iststusaces proceeds, or Aiscellanecus Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount of the Periodic Payments. Mb-8A(PA) (0309) CHL (IMS) Page s of 1T Form 3039 1/01 sgK 1 99'5PG'33 i z DOC ID #: 00016913761706007 3. Funds for Escrow Items. Borrower shall pay to Lauder on the day Periodic Payments are due under the Note, until the Note is paid in fall, a sum (rho "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payablo by Borrower to Lender in lieu of the payment of Mortgage insurance premhrms in accordance with the provisions of Section 10. These items are called "Escrow Items." At odginatiod or at any time during the term of the Loan, Londor may require that Community Association Dues, Fees, and Assessments, If any, be escrowed by Borrower, and such dues, fees.and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall' pay Lender the Funds for Escrow Items unless Lender waives BOrrowees obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lewder 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 dheetly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has ! bean waived by Lender and, if Lender requires, shall Rnnish to Lender receipts evidencing such payment } within such time period as Lander may require. Borrower's obligation to make such payments and to provide 11 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 i 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 sash 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 aro then requited under this Section 3. ' Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RBSPA, and (b) not to exceed the maximum amount a lender can require under RRSPA. 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. j Utc Funds shall be hold in an institution whose deposits are insured by a federal agency, instrumentality, I or entity (including Tender, If Lender is an institution whose deposits are so insured) or in any Federal Horne Loan Bank. Leader 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 13scrow Items, unless Lander pays Borrower interest an the Funds and Applicable j Law permits Lander to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. r Lander shall give to Borrower, without charge, an annual accounting of the Funds as required by RF.SPA. If there is a surplus of Funds hold in escrow, as defined under RESPA, lender shall account to Borrower for the excess Rinds in accordance with RBSPA. If there is it shortage 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 shortage in accordance with RESPA, but in no more than 12 monthly payments. Tf there is a deficiency of Funds held In escrow, as defined under RLSPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the i deficiency in accordance with R 'kSPA, but in no more than 12 monthly payments. `W -6A(PA) (08oa) OHL ((0/08) Pago 5 of 17 Form 3039 1/01 t:QK 19 9 5 PG 3 3 13 DOC ID #: 00016813761706007 Upon payment in frail of all stuns secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges= I.fens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instalment, 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 prgvided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument Unless 1 Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner aeooptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforce oat of the lien in, legal proceedings which in Lendeds opinion operate to prevent the enforcement of the lion While those proceedings are pending, but only until such proceedings are concluded; or (c) soottres from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument; Lender may give Borrower a notice identi#ying the lien. Within 10 days 1 of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the action{ set forth above in this Station 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Leader 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 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. 'lhis insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Leader requires pursuant to the preceding sentanoes can vhangc during the tern of the Loan. The insurance carrier providing the insuranuu shall be chosen by Borrower subject to Lender's right to disapprove Bonnwer'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 rermappi ngs 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 13 mongancy Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower flails to maintain any of the coverages described above, Leader may obtain insurance coverage, at bender's option and Borrower's expense. Lender is udder no obligation to purchase any particular type or amount of coverage. 'Therefoa+e, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents- of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the wst of insurance that Borrower could have obtained. Any amounts disbursed-by Lander under this Section 5 shall become- additional debt of Borrower secured by this Security Instrument. Theso amounts shall bear interest at the Note rate from the date of disbursement and shall be paysibfe, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to 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 ® -GA(PA) (0608) CHL (1010b) Page 7 of 17 Form 3039 1101 m [JU995PG3314 DOC ID #: 00016613761706007 Lander requires, Borrower shall promptly give to Tender all receipts of paid premiums and renowal•notices. If Borrower obtains any form of insurance ooverage, not otherwiso required by Lender, fbr damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name render as mortgagee and/or as an additional loan payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lander. 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 Lander, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. Daring such repair and restoration period, Lender shall have the right to hold f such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the worst has f been completed to Landaes satisfaction. prtrvided that such inspection shall be undertaken promptly. Lender may disburse proceeds fbr the repairs and restoration in a single payment or in a §ories of progress payments i as the work is completed Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Larder'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 13orrower. Such insurance proceeds shall be applied in the order provided for in Section 2. ! If Borrower abandons the Pmporty. Lender may file, negotiate and settle any available insurance claim and related matters, If Borrower does not respond within 30 days to it not3co from Lender that the Insurance carrier has oftbred to settle a claim, then Lender may negotiate and settle the claim. '17re 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Bortowees 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 my rofthnd 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 f the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one-year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which arc beyond Bormweis control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property. allow the Property to deteriorate or commit waste on the Property, Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in•value due to its condition. Unless it is determined pursuant to Section S that repair or restoration Is not economically feasible. Borrower shall promptly repair the Property if tlamagod to avoid farther deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lander may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is Qt-5A(PA) (OWO) CHL, ('1 Wor,) Page a or 17 Forth 3039 1107 BIB 1-995PG33 IS DOC ID #: 00016813761706007 completed. If the insurance or condemnation proceeds are not safl;ieient to repair or restow the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or maturation. Leader or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lander 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, Best war or any persons or entities acting at the direction of Borrower or with Borrower's $mowledge or consent gave materially false, misleading, or inaccurate information or statements to Lander (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but I 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 fhils to perform the covanants and agreements contained in this Security Instrument, (b) them is a legal proceeding that might signMeandy affect Lander's interest in the Property and/or rights under this Security 1: strumant (such as a proceeding in bankruptcy, probatc, for condemnation or forfeiture, for enforoomont of a liod which may attain priority over this Security Instrument or to oufarce laws or regulations), or (c) Borrower has abandoned the Property, than Lander 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 Proporty, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sutras secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (b) 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. Scouring 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 floc pipes, eliminate building or i 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 la agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. ' Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Sectuity Instrument. These amounts shall bear interest at the Note rate fkom the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payrrtunt. If this 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 pramituas required to maintain the Mortgage hnsurance 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 aHixt, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effoot, from an alternate mortgage insurer selected by Lander. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Leader the amount of the separately designated payments that were due when the insurance coverage ceased to be in affect. Lander will accept, use and retain these payments as a non-rei3mdable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be not)-refundable, notwithstanding the fact that the Loan 4M -SA(PA) (osos) CHL (10105) Pages 0 of 17 Form 3039 1101 (8K1995PG 3319- DOC ID #: 00016813761706007 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 lgngw require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Leader squires) provided by an insurer selected by Lender again becomes available, is obtainod, and Lander squires separately designated payments toward the pramiurns for Mortgage Insurance If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the pramituns for Mortgage Insurance, Borrower shall pay the preraluim squired to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Loader'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 afk'oets Borrower's obligation to pay interest at the rata provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrowurdoor not repay the Loam as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force ifrom time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agroements are on terns 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 havo available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive f xim (or aright be charaeterbwd as) a portion of Borrower's paymenta for Mortgage Insurance, in exchange for sharing or modifying the mortgage insuroem; risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the arnount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (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 Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or toradnation. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and I.endoes 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 undertaken promptly. Lender may pay for the repairs and restoration, in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or = 6A(PA) (0009) C114 (10105) P"De to of 17 Form 3039 1101 BK_i 995PG33 17 DOC XD #: 00016813761706007 repair is not economically feasible or Lenders 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 guy, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, desdnwtion, 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'befom the partial taking, destruction, or loss in value is equal to or greater than the arnount of the suns secured by this Socucity 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) fire total amount of the sums secured tnuriodiately before the partial taking, destruction, or foss in• value divided by (b) the fair minimt value of the Property immediately before the partial tmkbW_ 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, destruotion, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or lose 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 Properly is abandoned by Borrower, or if, after notice by Landor to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a olaiin for damages, Borrower fails to respond to Lender within 30 days attar the date tho notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. 13orrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lcndei?s judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Soenrity Instrument. Borrower can cure such a default and, if acceleration has oecurrxi, 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 Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower 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 sutured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any fbibcarance by Lender in exercising any right or remedy including, without limitation, Lcnder's acceptance of payments from third persons, entities or Successors in Interest of M. -GA(PA) (oam) CHI. (10100) Page I I or 17 Form 3039 1101 iuK 19 9 5 PG 3••3 1 . 8 DOC TD #: 00016813761706007 Borrower or in amounts less than the amount then due, shall not be it waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Saeeessors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and severaL however, any Borrower who co-eigns 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-signets interest in the Property under the terms of this Serenity 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-signets consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrowers obligations under this Security Instrument in writing. %nd is approved by Leader, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be roleased from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreamegts 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 Lenders 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 Instrament or by Applicable Law. If the Loan is subject to a law which seta maximum loan charges, and that law Is finally interpreted so that the interest or other loan charges collected or to be collected ip connection with the Loan exceed the permitted limits, than: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the ponnitted'limit; and (b) any sums already collected from Borrower which exceeded permitted ]units will be rofbnded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Noto or by making a direct payment to Borrower. If a refhnd reduces a partial Prepayment without any prepayment charge (whether or not a principal, a prmpayymant charge- will r treated ted r argo• is pr for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitutes a waiver of any right *faction Borrower aright have arising out of such overcharge. 15..Notices. All notices given by Borrower or Lender in contraction with this Security Instrument must be in writing. Any notice to Borrower in connection with Chip Security Instrument shall be deemed to have been given to Borrower when mpAcd by first class mail or when actually delivered to Borrowers notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Iiormweer, change of address. If Lender specifies a proeeduice for reporting Borrowers change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address tnxder this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by frrat class mail to Londoes address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by -6A(PA) (0808) CHL (10105) Peoo 12 of 17 Forth 3039 -1/01 °'0K ! 995PG3.3 19 DOC ID #_ 00016813761706007 this Sccurtty Instrument is also required under Applicable Law, the Applicable Law requiremedwill satisfy the corresponding requirbrnent under this Security instrument. 16. Governing I,aw; Savdrabilityl Ruler of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event, that any i provision or clause of this Security Instrupsant or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Nom which can be given eflbct without the j conflicting provision. As used in this Security I.ustrument: (a) words of the masculine gender shall moan and include corresponding neater words or words of the faminine• 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 lusttutuent. 18, Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the tmnsthr 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 it beneficial interest in Borrower Is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in fall of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exorcise 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, Lander 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 (e) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Leaden all sums which then, would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred m entbreing this Security Instramtmt, including, but not limited to, reasonable attorneys' fees, property inspection unit valuation foes, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lander may reasonably require to Assam that Lender's Interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security hultument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses In one or more of the following forms, as selected by Larder: (a) cash; (b) money order; (c) certified 4hock, bank check, treasurcea check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, t? BA(PA) (o6ea) CHL (1010 Peps 13 0(17 Porn 3039 1/01 OK 1 995PG3320 DOC 11) #_ 00016813761706007 instrumentality or entity; or (d) Electronic Punds Transfer. Upon reinstatement by Borrower, this Socuuity Instrument and obligations secured hereby shall cousin fully efiiectivc as If no acceleration had occurred. howeverr, this right to reinsputo shall not apply in the case of acceleration under Seotioa 18. 20. Sete of Note; Change of Loa- Services; Notice of Griavanee. The Note or a partial interest In the Note (together with this Security h-ftu neat) can be sold oars or Moro time- without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicoeq that collects periodic Payments due under the Note and this Security instrument and pettbrms other mortgage loan servicing obligations under the Note, this Security Inshunront, and Applicable Law. There also might be one or more changes of the Loan Serviear unrelated to a sale of the Notc. If tharo 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 now Loan Servieor, the address to which payment- should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Nato is sold and thereaaer the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will retrain with the Loan Servtcer or be.transiorred to a successor Loan Servieer and arc not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may conuacnee. join, or be joined to any judicial action (as either an individual litigant or the mornher 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 Instrtmient, 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 at reasonable period after the giving of such notice to take correotive action. If Applicable Law provides tie period which must elapse before certain action can bo n o be a time ' that time mod will given to cored to be r Borrower reasonable for purposes of this Paragraph. The notice of acceleration opportunity to care g to Section 22 and the notice of "coloration given ven pursuant satisfy the notice and to $Oreow? pursuant to Section 18 shall be deemed to appamrrtty to take ooacetivo 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, k wOs* Ono, other flammable or toxic petroleum products, toxic pesticides- and herbicides, volatile solvents, materials containing asbestos or formaldehyde. and radioactive materials; "Euvirorunantal Law" means fbderal laws and laws of the jurisdiction where the Property is located that relate to health, safety or cnviromnonial protceticsu; (c) "l3nvironmonal 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, contr[bute to* or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or throatan to release any hazardous Substances, on or in the allow anyone else to do, anything afcting the property a P '• Borrower shall not do, nor which creates an ?vhvnmental Condlti0 or (0) wh"k due to ()that is in violation of e. o when of l Law, (b) Substanco. creates a condition that adversely of bets the value of the p o ort use, or release Hazardous shall not apply to the presence, use, or storage on the P per' The PReOCase of a ?B two bsttnces arc enerali r'oP?'Jf of small quantities of Hazardous Substances that 8 Y recognized 'to be appropriate to normal residential uses and to maintenance of the Property (including. but not limited to, hazardous substancea in oonsurner products). M& -6A(PA) (esae) CHL (1a/09) P,1ga 14 of 17 . r-ore, aoso 1101 8I( 1995PG332-1• Borrower shall promptly give Leader written notice DOC ID #: 00016813761706007 of (a) any Investigation, claim, denm4 lawsuit or other action by any governmental or regulatory agency or private party involving the property and any i Hazardous Substance oar $nvironmentai Law of which Borrower has actual knowledge, (b) any EnvironnuntaI Condition. including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (e) 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 say governmental or regulatory authority, or any private party, that any remnoval or other remediation of any hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create smny obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVbWANTS. Borrower and Lender fhrthm covenant and agree as thilows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security. Instrument (but not prior to acceleration under Section I8 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 this default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is mot cured as speeilked, Lender at its option may require immediate payment In full of all sums secured by this Security Instrument without further demand and may foreelose this Security Instrument by judicial 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 payment of all sums secured by this Security batrement, this Security Iusttument and the estate conveyed shall temrinato and become void. After such occurrence, Lender 4mW discharge and satisfy this Security instrument Borrower shall pay any recordation costs. Lender stay charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable LSW, waives and releases any error or defects in proceedings to enforce this Security Instruumnt, and hereby waives the benefit of any present or. future laws providing for stay of execution, extension of time, exemptioa from attachment; levy and sale, and homestead exemption. 25. Reinstatement Period. Borrowerss time to reinstate provided in Section 19 shall extend to one, how prior to the comraencemont of bidding at a shards sale or other sale pursuant to this Security instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Inatrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. IM -OA(PA) Iowa) CHL (10105) Pope 15 or 17 Forrtn 3039 1/01 SK 19 9 5 PG3 3 2 Z I Ii i 13Y SIGNING BELOW. Borrower accepts and a DOC ZD # : 0 0 016 813 7 6 17 06 0 07 gre to the torr and Security Instrument and in any Rider executed by Borrowe r asn recorded with it. covenants contained is this -GAMAp06091 CHL (10M) Flaps 1 a o117 - (Seal) -Borrower (Seal) -Bofrower (Seal) -1orrower Borrower Form 3039 1Jf01 9MA 9*95PG3323 Y DOC XD #: 00016813761706007 COMMONWEALTH OF PENNSYLVANIA, Lebanon County ss: On this, the 5 t17 day of j u ne 2007 before me, the undersigned officer, perso a[il! app?t;freCd aTz F tj >^ - known to me (or satisfi?ctorily proven) to be the person(s) whose name(s) id/are subscribed to the within instminant and acknowledged that helshelthey executed the same far the purposes herein contained. IN WrrNESS WTIP.REOP, I hereunto act rr My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notadd SON '.,ftitl A. K&man. Nolaty Puh6O WOSt00MWd tAjxnM=unty MyComrNt>glon ee Feb. 19, 2009 Member, PafafavW AFft AGeodaUon of NoW*s , Certlfica ofI ldence 1 ' I, ?h?? do hereby certify that the correct address bAhe w1 - bA (UortgaU= is 1.0. Box 2026, Flint. MI 48501-2026. Witness my hand this ?? V r day of (/20 As=t or Morttaeo -6A(PA) (0606) CHL (10/05) Page 17 of 17 Form 3039 1101 I 1 -8K'1 9 9 5 PG 3 3 2 - 1-4 FAMELY RIDER (Assignment of Rents) I i i After Recording Return To: COUNTRYWIDE ]:TOME IKOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 PARcr-L ID ## Prepared By: ESTHER GREEAVBS 000161313761706007 [Doc ID 41 MULTISTATE 1 - 4 FAMILY RIDER - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 1 of 5 -67R (0411) CHL (11104)(d) Initials.' VMP Mortgage Solutions, Inc. (800)521-7291 Form 3 70 1101 on MMMMMIMN ' 2 3 9 8 1 1 6 6 1 3 7 6 1 7 0 0 0 0 0 1 0 5 7 R' gK l 995PG3325..- DOC ID ¢#: 00016813761706007 THIS 1-4 FAMILY RIDER is made this FIFTFI dray of at)NL, 2007 , and Is incorporated into and shell be deemed to amend and supplement the Mortgage. Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrowers Note to Countrywide Home Loans, Inc. dba AtaericaIs Wholesale Lender (the "Lender") of the same date and covering the Property described in the Security Instrument and located at 219 CLAY ST., HNOLA, PA 17025 [Property Address) 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made irk the Security Instrument, Borrower and.L9nder further covenant and agree as follows: . A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter located In, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, reffigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, oil of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property described In the Security instrument (or the leasehold estate If the Security Instrument Is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY, COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or Its zoning classification, unless Lender has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow any lien inferibr to the Security Instrument to be perfected against the Property without Lender's prior written permission. ' D. RENT LOSS INSURANCE. Borrower-shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5. Initials: _ j CM-57R (0411) GHL (11104) Page 2 of 6 Form 3170 1101 OK 19 95PG3326 • r 370C ID #: DOOIGS13761706007 E. "BORROWER'S RIGHT TO REINSTATE- DELETED. Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borr'ower's occupancy of the Property Is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default. Borrower shall assign to Lender all leases of the Property and all security deposits made In connection with leases of the Property. Upon the assignment. Lender shall have the rlght to modify, extend or terminate the existing leases and to execute now leases;, In Lender's sole discretion. As used in this paragraph G, the word "tease" shall mean "sublease" If the Security Instrument Is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are payable. Borrower authorizes- Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's agents. However. Borrower shall receive the Rents until: (1) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (R) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower. (1) all Rents received by Borrower shall be held by. Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable law provides- otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (A) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and -profits derived from the Property without any showing as to the inadequacy of the Property as security. If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collecting the Rents any funds expanded by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not perforrried, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph. = -57R (0411) CHL (11104) Page 3 of 5 Initials:,14 _6 Form 3170 1/01 8K t 99'5PG3327 DOC XD #: 00016813761706007 Lender, or Lenders agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not vure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security instrument are paid in full. ' 1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. Q? -57R (0411) CHL (11104) Page 4 of 5 Initiais?? Form 3170 1101 6K f 995-PG3329 i I I I i E t DOC ID #: 00016813761706007 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4 Family Rider. - ?? • -.S .r c? 7 (Seal) JOI-M W. K3:C MN JR - Borrower - Borrower (Seal) - - Borrower (seal) - Borrower I -57R (0411) CHL (11/04) Page 5 of 6 Form 3170 1101 t I Ccirtify this to be recorded Tn Cun->berland County PA ._? Recorder of Deeds 8 1-995PG3329 t y ? ' EXHIBIT "A" ALL THAT CERTAIN lot of ground situate in the Bast Pennsboro Township, County of Cumberland and State of Pennsylvania, being LotNo. 3 in Martin's Addition to West Fairview, more particularly bounded and described as follows, to wit: BEG WING at a corner on Clay Street and Lot No. 4 of Martin's Addition aforesaid; thence along said Lot No. 4 and through the center wall of a pair of frame houses, 130 feet to a drive alley, thence westwardly along the southern line of said alley, 30 feet to a lot of Land No. 2 on said Plan; thence southwardly along line of Lot No, 2, 2,130 feet to Clay Street; thence along the northern line of Clay Street in an eastwardly direction, 30 feet to a point; the Place of BEGINNING. HAVING THEREON ERECTED a two and one-half story frame dwelling known as No. 219 Clay Street, West Fairview, Pennsylvania. BEING THE SAME PREMISES which Keith A. Putt, by deed dated May 31, 2007 and to be recorded simultaneously herewith in the Cumberland County Recorder of Deeds Office, granted and conveyed unto John W. Kichman, Jr., mortgagor herein. OK I 995P63330- EXHIBIT "C" Prepared By: Victoria Ayer 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: Victoria Ayer Parcel# 45-17-1044115 Loan Number: Assn went of Mortgage Effective Date of Assignment: May 18, 2009 11111111111111 For Value Received, the undersigned holder of a mortgage, Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender whose address is P.U. Box 2026 Flint, Michigan 48501-2026 does hereby grant, sell, assign, transfer and convey without warranties of any nature whatsoever and without recourse, unto BAC Home Loans Servicing, LP flea Countrywide Home Loans, Inc. whose address is 1800 Tapo Canyon Road, Mail Stop #SV-103, Simi Valley, CA 93063 a certain Mortgage dated 06-05-2007 made and executed upon the following described property situated in Cumberland County, Commonwealth of Pennsylvania: by: John W. Kichman Jr which has the address of 219 Clay Street, Enola, PA 17025 Parcel ID no: 45-17-1044-115 I do hereby certify that the precise address Mail Stop SV--103 SimnValley?, CAo930ide Home Loans, inc. is 1800 Tapo. y Attested By: . Donald ClWk ASSISTANT VICE PFES10EN 1' such Mortgage having been given to secure payment of $63,600.00, which Mortgage is of record in Record Book 1995 Page 3308 of the Recorder of Deeds of Cumberland County, Commonwealth of Pennsylvania, ?o ?griherOw? ? st, and all rightobligations eerued orct a cdrue u d rthe money due and to become due th such Mortgage. This Mortgage was recorded on 6-05-2007. 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 WIIEKEOF, the undersigned Assignor has executed this Assignment of Mortgage on SEP Lo . Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. dba America's Wholesale Lender (Company) Signature: (A Date: 1 Title: O n- Vice President FORM OF CORPORATE ACKNOWLEDGMENT State of Texas ) County of Coffin ) SS: On this day of SEP10 , 20_, before me the undersigned officer, personally KIMBERLY DAIN" Vice President of appeared who acknowledged himself or herself to be the Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. Vice President dba America's Wholesale Lender, and that he or she as such __ , 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 Presdden In witness whereof, I hereunto set my hand and official seal. N RY PUBLIC :?J? Wana Morcott LILIANA MORGAN My com, ",-A57on Expires october f, 2012 ?4et Asa First American ode Insurance Company FTPA-G3 SCHEDULE C File No. 2009-4204 ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND FAIRVIEWMORE PARTICULARLY BOUNDED AND DESCRIBED O AS FOLLOWS, TO WIT ADDITION TO WEST BEGINNING AT A CORNER ON CLAY STREET AND LOT NO. 4 OF MARTIN'S ADDITION AFORESAID; THENCE ALONG SAID LOT NO.4 AND THROUGH THE CENTER WALL OF A PAIR OF FRAME HOUSES, 130 FEET TO A DRIVE ALLEY; THENCE WESTWARDLY ALONG THE SOUTHERN LINE OF SAID ALLEY, 30 FEET TO A LOT OF LAND NO. 2 ON SAID PLAN; THENCE SOUTHWARDLY ALONG LINE OF LOT NO. 2, 2,130 FEET TO CLAY STREET; THENCE ALONG THE NORTHERN LINE OF CLAY STREET IN AN EASTWARDLY DIRECTION, 30 FEET TO A POINT, THE PLACE OF BEGINNING. PARCEL NO. 45-17-1044-115 BEING THE SAME PREMISES WHICH KEITH A. PUTT, ADULT INDIVIDUAL, BY DEED DATED 05-31-07 AND RECORDED 06-12-07 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND IN RECORD BOOK 280 PAGE 2150, GRANTED AND CONVEYED UNTO JOHN W. KICHMAN, JR. ALTA Commitment Schedule C ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200932617 Recorded On 9/21/2009 At 3:23:10 PM * Instrument Type - ASSIGNMENT (W MORTGAGE Invoice Number - 52698 User ID - KW * Mortgagor - KICHMAN, JOHN W JR * Mortgagee - BAC HOME LOAN SER LP * Customer - MCCABE WEISBERG & CONWAY * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $37.00 * Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER 0414S • - Information denoted by an asterisk may change during the verification proe"s and may not be reflected on this page. III 111111111111111111111 EXHIBIT "D" McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 ANDREW L. MARKOWITZ -- ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. John W. Kichman, Jr. 801 Butler Pike Mercer, Pennsylvania 16137 Attorneys for Plaintiff Cumberland County Court of Common Pleas NO. 09-4193-CV CIVIL ACTION/AMENDED COMPLAINT 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 ifyou 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 hall demandado a usted en la torte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, listed tiene veinte (20) dias 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 torte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomam medidas y puede continuar la demands en contra suya sin previo aviso o notification. Ademas, la Corte puedo decidir a favor del demandante y requiere que usted cumpla con todas las provisiones 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 1NMEDIATAMENTE. 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 CAPA7. DE PROPORCIONARLO CON 1NFORMACION ACERCA DE LAS AGENCIAS QUE PUBDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO N1 NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/AMENDED COMPLAINT 1. Plaintiff is BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, a limited partnership duly organized and doing business at the above captioned address. 2. At all times relevant hereto plaintiff has been registered with the Corporation Bureau of the Pennsylvania Department of State to conduct business within the Commonwealth of Pennsylvania. 3. Attached hereto as Exhibit "A" is the Certificate of Amendment which was filed by plaintiff with the Corporation Bureau on April 29, 2009 to change the name of the registered entity from Countrywide Home Loans Servicing LP to that of BAC Horne Loans Servicing, LP. 4. The Defendant is John W Kichman, Jr, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his last-known address is 801 Butler Pike, Mercer, Pennsylvania 16137. 5. On June 5, 2007, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. d/b/a America's Wholesale Lender which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1995, Page 3308. 6. A true and correct copy of the said Mortgage is attached hereto as Exhibit "B" and incorporated herein by reference. 7. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc. d/b/a America's Wholesale Lender to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Deeds in and for Cumberland County. 8. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 219 Clay Street, Enola, Pennsylvania 17025. 9. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2009 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. 10. The following amounts are due on the mortgage: Principal Balance $ 62,659.64 Interest through June 18, 2009 $ 2,120.16 (Plus $12.62 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 216.30 Corporate Advance $ 34.00 GRAND TOTAL $ 66,330.10 11. 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 was sent to Defendant on or about April 3, 2009 by regular mail with a certificate of mailing and by certified mail, return receipt requested. 12. A true and correct copy of the aforesaid combined Notice of Delinquency is attached hereto as Exhibit "C" and incorporated herein by reference. WIEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $66,330.10, together with interest at the rate of $12.62 per diem for each day after June 18, 2009 until the entry of judgment and for such other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND Cpt4VAY,P.C. BY: Attorneys for Plaintiff 7 TERRENCE J. McCABE SQUIRE ANDREW L. MARKOW , ESQUIRE :k VERMCATI_ ONN The undersigned, KATWFOU A8Mr'AM tA"Y , does hereby certify that he/she is ASSISTANTSECM7ARY of the Plaintiff (BAC Home Loans Servicing LP f/k/a Countrywide Home Loans Servicing LP) in the above matter; and that he/she is authorized to make this verification on its behalf and that the forgoing facts as set forth in the foregoing are true and correct to the best of his/her knowledge, information and belief, and further states that false statements herein are made subject to the penalties of 18 PA.C.S.§4904 relating to unworn falsification to authorities. . elhdo?t - KATHY ? AS31$TAW SECRETARY Dated: AUG 13 7" Kichman, John W. MCCABF, WEISBERG & CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification No. 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. JOHN W. KICHMAN, JR. Defendant Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Number: 09-4193 CIVIL TERM CERTIFICATE OF SERVICE I, ANDREW L. MARKOWIT7, Esquire, attorney for Plaintiff, hereby certify that a true and correct copy of the within Amended Complaint was served on the below party on the 14"' of August, 2009 by the United States mail, first class: John W. Kichman, Jr. 801 Butler Pike, HM-0735 Mercer, PA 16137 DATE: August 14, 2009 E-XHIBIT "E" VOTTC-f? 70 TO: ar?'3.4:' sm m °3pnn ? s 'F C? (20) da-ps fro.. t lam datiz of. aemriC-?- h^vaaf. or a a adgiman n4 may hx: swnte'vr f? Hga irmt. You. nom"'' wJ!J:?C3 `r?1<. A&VAa t, De-ti.°.riiw:a i i i3+'r? r3 ;john !"J. 1"2C12man DafartC1amit.t prO se 841 Butie- P-13 M-^0I,34J Jkcz, M vary' I?.'? 16137 1 13010 l A O CArTYUN ROPED MAN, S'IC?n wSS:l_?;?3 . 0,1i•1 ERLAND COY !\ to . 015--4193 CIVIL `I'FRM V. - 841 SUTLER PLKEs EV'1-0735 RCKEIR? PA 161-317 DT-'PRNDANT JOHN W- KICRAWS ANSWER AND N91 1-Al -aR 'CO iWk. ..., a.lfai?`?.{ '•+v eY6 i?• I?wR?4?H1•in:l/ '31f'..r ',",.'f S:v? :??? ... f'',. ,Ayt YS :????lr`<? ? ? ti1.iJ?i X1.1 K7Y}+ff; Y,;.., f :? :i' .° FO7,tO s. v?'n T.r••?:: TJS C •e44•r'( r?d LIP 1. T t An ATW ?i1,1xE .. Plaintiff X_a Bt: r (t J, ^•1L?,iJ only 1'WL P?.a? i •;??+ u?r v.. ? `fir Ali. r--tt;,??` K ,: •_,•?_,(:: _ -7??,~. .,:;ii:? ?.:.:?: t? 5??? its; T... .iti@.i??? av?Jr..:iA;,R':c> i:' tVJ.lf` ,:? :5i:! ?` . J:". ;?• (:,iF3 3 ea4 t. zac' t.:`+ic, o "aw to i • i•" m :•i'J.`&r7:+W'? ? Fd v--qu red 2. EENIL',D. .'%.'r:.l c iv Cr"m:;.jl 1.f34 cierir. to form a belief: ao to the tJyiith, of 4.-hq av rr;iaptt,, utter rw..SJ abl's Vrvest-i. g:$5tIcirr and or t h;., E3'•JkJ;mi .-A-; is :s, t3-.,! 4.4.1 h no rc::Y?;< O;u is ?:•z's - UJi.r*U. 3. U-, is ADMTT'.' ED otay that LE',X`tAbIt :mil aPP0-ai.S t O br-- a "CA t.L f --at; of AJtiendmnt it All atlh " itv b::, Y s ?. dria, dkmai9d -ilia or are c l usi: w *f law to n, Y _ . D f-andant. is wt'itout tlimwl` dge or inform'tton sufficient t+4 f:i•P a !3'zml_ n.f to 't;q tnith Of tho .i. !? r-y:11entt ilf.'to'0..` ru%aMXIabI£- it-Wed':. igatio'n, e' pd O the ave r'm&,,,.s are of law to vilich m. 3.8 -fi,).ived. 6. 117. i. -; AD'c'TrTTED- CJ`2?Y tYli.t EXClibil-' " ap,,-AarS tO bp, a Copy ,xf a M'oct gage. All other s" 1'ii°siA'i'.iers "s in 4--his Q3i±?yr?lj?kt 3trv I)??1 ti`:t) at'1'd Or am of law t-o Which no r"-pansy its re-;uismL 7. DD.UED. Defandcan"t is w; tt"M..,ut". ktj wledge o-- inif wm,,eci al suff:.iciQrill- to Er3$'t0dy bG.lJ.v. as to tr1.IR.h of the .L..r k. a-umi.,e: i7J?.:t•r y::r,.tvae. 8. DzE'NICED. Mxhi bit "A" is 3 c-.:)p of a "C4 ctif icat.'t'' Of r'L.Man.diEJont " relating I- -1h s 3? 44a'jiz!i re?%;i1: %t': 5f'n. 9. DDNIE'D. 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Plairstif iff' r ?!nal.7:i.?._ ri of 3.s?t1 m P" aintiff C-I 33w ?? fr 'a`?4. 'i?7L6'v { i zd="s+C -X.. 1 't? 1w .d ,juri.. d'k.G'ticn ^fV ?8Q75,- 111:ix t.lrj y Rt Yy ? an, 3 _.• ' J!t.i? i f .r T! l sn o, ra 21, 70C Y .2 s3`?re?by tw• i?x .xl '?,,.hG'. [ JCyttTt .? r jo _ ?....? -)Ctt to Ay 4904 ralat-iifi::i _.Y u ! tns?t ? i, - 57 Yr W - K'tchm-In, hg}'lby 4 F? h`?c:• =1 "t y U C3i1L? .t llzHv!v VS. '?' c?•-i Ir1f ,ri, ?.tl'{,'±? x?YI.:J Ni?.•iY +'i A ?' S H-'.E ?5. -?.. Y':!-"v ?,,.r ' a,,.ei ?`')r; `»?-?P.:? u1it?':`s 3?: .;r:a w'a .•1 t'R1".I;c; ••`"•_'.• :"a+r-Cvloing, 1 23 south i3z'o6d S#; ct-:fit, .Si;jk? 2030 191,39 ls°et``? n ?fir. h"e,, !1? .: vi 6, fs ?:3 w? ass sTI ik 2009t Y r Illy c...-? ? ..° W 7 Y?? 1'R;t, `'rp?^. Y?V j , :?."'?j .`fir w'? rant T T>uRS.y'ANT 7", T l'?e , John ,, 1\,1m( C,fl i !.'i s•?i.fi= 1.,,':: ?.1.h ?11 l .?I.Y.X .YA i..11"c to . ` '. i1 ti(R?i\ ?{f}'1f{?'? ,'Y??Y..1. .f. G, is ?r :? n ?t.!? ,,I? t ;?lDl.?v?cr Y Y! ZJ. +Slt r?irY i.f T}.t• :F {ry.{?. {? o ]..?'n": '+ 4•'7?' .??••.?&L?..'t ?FJ1 ? r 4tl?K ?YJ.L have placelrc3 this [}racu"nt; im tha bore, :at an ••S, {{nn day P)f D 2.009 fnr •?; rtt) *,',o ,..ice if Cuulairlwnd CCYQ? y f"°" ; ? # ,., r„?,l ::u r..; r: •:, .; k • ; • , Cr.?r mel 0 s ?i y G ? $? S as Z IVA r O O N 'o N ? N ? O O N ? N O p W _ N O p m N Z u Qiq" a ? ?a p.. ° r m a z .? u c Q4M z 6 7 a n W E O -)8 C,4 1 ? r X, (L cc Z.!2 C T C d 0 0 ?d a r? fix, O 9 Q T jp O o c a ?s d ,a c d ar Y jUU ? u O n 8 ry? h G O d 8 mm N ? m E i0 u a E ? C O m v y T c d jO o c d? b L ?. du' -- pw O ° r a o ° v N U) Co p N ? 7 ?? N v r ? W yS+ C O y ? m y C ?+ ti•r- z y ama V ? S Ec3?a O 0,O N m ° or?sa E 'a o m m r ; CL C', ? ? § c z u Q 0.ivW UOL+ i i C6 5 V y n ap d N L ? T m ?s 0. y "' I Q ? O 0 p n ?' I N == N ro ? d ? l 5 m n V ? I w L N a0 g 1 vi co 7 D N Apo 49 {` u! h C e C C) =0 o ? C O iO ? 4 N? u O a. 4 > kk L O b V J a a ?a to r 1- s T n u / V (J 0 C n b O h O L 636121 1341 JOHN W KICHMAN JR. 260 N ENOLA DR. ENOLA, PA 17028 DATE au G..?.,FORDhROP ?? ? lg. .?e2r I.i4 v- ? l .aI!r , . G -DOLLARS MM&T Banlc /. 7 ?+ swnme,aro wn ol[?e ?:0 3 30 29 5 S?: 9131,07 ,665 2u" L 31, L JOHN W KICHMAN JR. `si?6121 1344 260 N ENOLA DR. ENOLA, PA 17025 UA-M /_ ORDER ON. d:!L4!1.? U?/da ''iaor.r nRS ' ':r 6 M&T Bani< . Clrrn,cl? -_.._ M• 0:03 130 2955x: 98,0 ?rm6 5 211" L3tA EXHIBIT "F" TO THE HEREIN DEFENDANTS: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED PLEADING WITHIN THIRTY (30 YS OF SERVICE THEREOF OR A A T JUDGMENT MAY BE RMUE6 AG ST YOU PLAINTIFF McCABE, WEISBERG & CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification No. 28009 Attorney for Plaintiff 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff VS. JOHN W. KICHMAN, JR. Defendant Number: 09-4193 CIVIL TERM HEOUEST 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, BAC HOME LOANS SERVICING LP Ma COUNTRYWIDE HOME LOANS SERVICING LP will be hereafter termed "Plaintiff," and JOHN W. KICHMAN, JR., will be termed "Defendant." The mortgage which is the subject ofthis action is in default because monthly payments of principal and interest upon said mortgage due for the months of February 1, 2009 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 $62,659.64. 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. The interest per diem is $12.62, and the interest due on the note and mortgage through June 18, 2009 is $2,120.16. T. 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. Plaintiffsent notices to Defendant under Act 6 and Act 91 which notices 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 nature to substantiate the denial. 5. The notice sent to defendant under Act 6 and Act 91 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. RespectfWly submitted, BY: MCCABE, WEMBERG ANDREW M Attorney for Plaintiff ESQUIRE McCABE, WEISBERG & CONWAY, P.C. BY: ANDREW L. MARKOWITZ, ESQUIRE Identification No. 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BAC HOME LOANS SERVICING LP fWa COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff Vs. JOHN W. KICHMAN, JR. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Number: 09-4193 CIVIL TERM CERTIFICATE OF SERVICE I, ANDREW L. MARKOWITZ, 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 5th day of January, 2010 by the United States mail, first class: John W. Kichman, Jr. 801 Butler Pike, HM-0735 Mercer, PA 16137 DATE: January 5. 2010 ANDREW L. ESQUIRE EX HIBIT "G" JOHN W. KICEiM?A'? 301 B'..*;' xR ?? tai 1-"1 i 3 5 7.1% ! 5 -137 `7' ,,r VS. . JEFU-Uf?`di, IPAO 3E ' i iBERL??.NG COMTY CJ?R2 OF C(x4NM PLEAS NO. 0,)- :J-',)'-f? `33 -;,:ei?_oi ?'..:c•i"i ::r:.:,.?i:-q?? _-?.'.+t,i•i::?:.;!.) k.?f 6? xi sY.l PLAVIi" EF FIz, ? -F T i?OR AUMBSTCM y, :M a;e.-' :'i L: ...::?:`1{.'.TI'3 n :12:l;:`•'•. .?:."l:idi$?:.i 4,.? *.A.I..?fi ?13:?sa'Sw Irc, Ad -WAS j 2101 ' t.,:tva • •% .4. ' ,:c are a3 follwa: d 3:?a?:?... i. Jh??T.E7. i fs. w dwiez Nate.: ti=a :mregcga is ac wary in default at time t,nir. svt=on w3j i.wt-2.i:u" eQ. Defendatt nee payment on March 6, 2009 of $575.00, additiarsally an imae, 10, -:JJ Dr--fanciaai: a paymnt of 1 2,Z}..9? i; 3at:?: :1:1• ?3 3 E?31/stM'33i: of $S/ 5. (IU a 'i7?ati9 rivC.K't:._ W `-'t •,' . • T V a?] rv.?..yrr a Wpj, kl`: `>afovl 1<iw'.3 11 :L -flied i-nv In-stair.; action .. ..': {,'t:'; ??sP'[. ?: r'• 4.y7c ;Tun1[ 1v, 2t::( j. ?;7? ?t?i ?'3 _?f r,.}J7 I.:sfy :(•.r h:fY 1?. 'P. .?. tamd ~o = 3i is s atte This ma." =.4; =t? i wa3 filsi& As rWted on the notice retun tog the payltrt:a PlaLntiff' 9 -s -:I*ed raaaw. for returning was "The am,! -trr, t'v) :....ai :K. + im:;3- ,)dlYmIll'I s were M*, retuuwd d.u? to th-a form of p3 .p_-t{:. Ste;` "A ')P ?>.1??'.rn. '.v.'• (1c?„'', ?sli'3%? ?a:?. .r .!t. ??l,:a:??1 t,?.1:?tyC? v't.1G :L'r i.?l? _` j62,659.64,• Since a piyinna was !.'r a enm. vlacda 6, 2009 0r-vitt t n'-?• t tr!i? ,. 1 y.. ^ trl.:..."3 ?sr-. :i ".RS ?. vl :: ?:?.i... ??;wadlsti. .i.3 bf.v .:7121: .51,1TIiCisat ?•!F?;?a•;!?;, ?? -i?:G?Z:t??.:t=; :v;Zca.s' 'Z-?1?;` ;?'^i„?CLa:7:?11 ?6.?.:;:IiC:ts ?ii? l.:i. i??l?.? +.?1TC?:'!11?t'?o:'a . 5 in `.'1^ y.:? ?•:'ti ... ",?? . t:1;; Pl ai`'L c`'';:] ? i 3iAtlff 'uw T..OL Pr.7vid--.i 'W : .:,ii. '--.1 Ft3v a J - z-in &3- s g-e *.ha ?11:81i i`I? ? 3. Admitted in part Darlietd in pars. It is SeW:3 form an . nt raa... cat,-, of 7.250% on u.?tpaLl ='I .^.i.pal. grin aLpa L :iR paid. It is DEN.-LED :`.h . "he awour': of lnt?r•;St :,:woucj, l , err 18, 2009 is $2,L20-W. Based :a{r_ w? dJ'V..?.:."?'? ?i'? ?^ =1"•`_ .?? a •?::f:? ?_ ,y 'r°"'' ?ij:t? =+'. i`? •'?:ft/:>. Lam' .d M jp•?4 days tr at i ca* 131 lWa would :x3 d actua y 1, 210;096 =.{U;'. ??i+.:?1"i13L?.I %?v.? t T3.?diY?r ?E ? :.? made a raaymctr on MaArca o, 20O9 (..x`ei'A} "A"). After rea,•:i?,? .?_:: ??: the in:: ww;I' ion :cif :rn. -a? zt,}act DEft:d!: _ _T-1•S'','-1' the l3 wa3 J.zvc .i.31 "009. 4. J;?1T'?i'LJ. 5. Dref=n0ant is u n3b15 to Admit Or ';Ony this as the 02 I.-Aw C-3 N ?- :'ref :!' ` itx;ti:iry a P r Doiaadai,k is admissi 's ;3`: this ;1=1. T': ?. olay Plaintiff may aetek REASO-1AB,`./t:: ann aCZually A:„':ocnal ft;:s. TIV, rwairids c of zhzi RoAgt est IS ir7.1.'KJ qs .i a-16 s°. Ci'ct9Gz3r;1'7. :n :. '? :t`p: `??:"' f':.? `?:r'd:: •... A,1 rk.., f: DaL eYvlant:. or i9 tL,35.1y 4(r5w.t M? v'?Lw:?{ i,:' .3 Ly:?: `-.?yyL'?•'>' ? ::7 ?'.t3cr??:! :i?d`.:: to i ~.W •? ?iWai C. OC tell 't'1f1.? L'?;jlt ?"?' ? •?r'ltii.c`?..:. ?:. ui: ? . Descendant reserves the E.Lg It to Ar - VJ a=m Admi a:3i=LG or DOXIiais if additional infoYanatio:i becomes available. R0pars?al.ly pup;:: :ta; r3? 1 3Ya"' a ^.pik.-.u 14sr::y.: j 16137 I.. L i tlst,*d: marx;ii 191 200 t7. 2 1f-.717T i7T--5'rTe)?j I, JoLm .4.0 nryw+,,y ?T!t;`J ?'??tt t:hs! s*a? ?'?a m ills +r l? a s true and aocv!,:t ::1 "Y'is w4 b*V f. I false stmtem nts heroin are maw subj4r't to tts p-r? ItigS of 18 Sactixt 4304 rstatt-Ing to unsw `Al.'sif' ti77 to 31?f''ari`: . &')I BtP-Tc± n'J.'ct3i M-0735 me-m er, - t,5137 I. Jnn W. xtd'tm # hi--;hy!mvf fV t.11.1t 9 ??wmt "ire. f fJP'tj7 x11q P1 Qk?r]? ?1t1 x']'1!3 E?? 9$!'t?? i.7?'Y+!? ? ?, ? ?. `l ?' ? ?R: ?1 w ?r.? :,; v?-tr.3 ?:.?-:? ?.^..r.'a, L?, by q%r.,lirlq CnjjnS,%j FrX `hg qat? ?` MII !+ t!,)w qg 1?3 South 3roaa 91,M7"t, ^ut"S l n??„? 4a?7 enY pi, .s! r11? sgrv: c*. was mda ''lie .lgtl+ clav ")f 00 0 06121H NM 017 JOHN W KICHMAN JR 801 BUTLER PIKE MERCER PA 16137 947 ACCOUNT ACCOUNT TYPE NUMBER MIT DIRECT CHECKING 000009840766662 TOTAL DEPOSITS 0.00 MATURITY ENDING DATE BALANCE 3,007.16 3,007.16 HN W JR M&T D ECT CH CKING SUNMERDALE PLAZA ACCOUNT NO. 9840766662 ACCOUNT ACTIV 12-26-0 BEGIMfMING BALANCE 12-27-09 US TREASURY 220 VA BENEFIT 13-03-09 DirectPay DirectPay 13-04-0 DEPOSIT 13-04-0 CHECK NUMBER 1312 )3=05-0 CHECK NUMBER 1310 x )S=06-09 CHECK NUMBER 1304 )3-06-0 CHECK NUMBER 1301 D3-06-0 CHECK NUMBER 1306 D3-09-0 CHECK NUMBER 1308 D3-09-09 CHECK NUMBER 1309 03-09-09 CHECK NUMBER 1307- .3- 09-09 CHECK NUMBER 1306 5-10-09 CHECK NUMBER 1313 03-10-09 WFHM MORTGAGE CHECKPAYNT 000000000001270 03-10-09 CHECK NUMBER 1302 - `i MAa mJn7 , .. INTEREST EARNED YEAR-TO-DATE $5,343.89 6,571.89 1,228.00 110.32 6,461.57 2,400.00 717.46 8,144.11 200.00 7,944.11 253.00 84.00 45.00 7,562.11 953.00 697.00 575.00 54.00 5,283.11 415.00 1,130.OA 306.00 A I e 13-41 JOHN W KICHMAN JR. 313 -6121 260 N ENOLA DR. ENOLA, PA 17025 DATE ORDERoF /7 7/01 04 .DOLLARS ar . ?t .. IMM&TBank -7-- f summwds* Hm OMM a 1_4 W A03 130 29 5 5+: 9840 76666 211' 13 4 1 i JOHN W VJCHMAN JR. T-021 4 G 260 N ENOLA DR. ENOLA, PA t 7025 DATE Kl PAY TO THE 8 DOLLARS im Bank •0:0343029554 9840766 X62 4341. 4 ?rpc8c;. "8? Y a- :-' i 4291M A ? Z 3 ?m ,7 m ?+G ono N m g • a S r g ? ? _ Rg °O xp 3 J ° 9 ? m m ? ? o C O m V . 0 m m s ?O ? ? ? at 3 o a 5 m m. . c ?m 9. ? S CL c C ; 5?1 g m° ? 211m rLl a ? r m oODa N g 3 m ° o CL o o. c g W m C d m c nm co ? Q O m O o ? ? m g o. 0 m$o o_ wz? >0 N 0 C- 1 n O A` C 'o -+ ° c 3 D ° 2 FL Y • i p m Oa r Cy ? +? a W N a g ? g r m . pQ O i i i i s i i I i oos m z:E ?m a' 0 v? z povM n - ? 0 0 mN•° goo c > 2 m w O , A C O p?p?pjQc cn n? .1 ?13? > > d v=3 4 G m ?t Z O S b wQa ``?? 1 + . Y N C T Os 40 ? p? ? A b j m v O m Np fit y 191 _ fit m N d A i? • d n EXHIBIT x" McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. JOHN W. KICHMAN, JR. Defendant NO. 09-CV-04193 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP(hereinafter "BAC HOME LOANS"), by and through its attorneys, hereby responds to the New Matter of Defendant JOHN W. KICHMAN to plaintiff s Complaint in this matter as follows: 13. Denied as a conclusion of law to which no further responsive pleading is required. 14. Denied as a conclusion of law to which no further responsive pleading is required. 15. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 16. Denied as a conclusion of law to which no further responsive pleading is required. 17. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 18. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 19. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 20. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied. 21. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied. 22. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied. 23. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 24. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied. 25. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 26. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. y .. 27. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied. 28. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied. 29. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 30. Denied as a conclusion of law to which no further responsive pleading is required. 31. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 32. Denied as a conclusion of law to which no further responsive pleading is required. To the extent that this paragraph contains any factual allegations, the same are hereby denied and strict proof is hereby demanded. 33. Denied as a conclusion of law to which no further responsive pleading is required. It is denied that plaintiff failed to complete service of original process in this matter. By way of further response, it is averred that personal service of plaintiff's complaint was made on defendant on July 8, 2009 by deputized service to the Sheriff of Mercer County. WHEREFORE, Plaintiff respectfully requests that defendant's New Matter to Plaintiffs Complaint be dismissed in its entirety and that judgment be entered in favor of plaintiff and against defendant for such relief as is requested in plaintiff's Complaint. ANDREW L. Z, ESQ. Attorneys for Plainti AC Home Loans 01 ,.. McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC HOME LOANS SERVICING, LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff V. JOHN W. KICHMAN, JR. Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 09-CV-04193 CERTIFICATE OF SERVICE I, Andrew L. Markowitz, Esquire, Attorney for Plaintiff, hereby certifies that a true and correct copy of the foregoing Plaintiffs Reply to New Matter was served on the following persons on the r day of January, 2010 by depositing same in the United States mail, first-class, postage pre-paid, addressed as follows: Mr. John W. Kichman 801 Butler Pike, HM-0735 Mercer, PA 16137 DATE: January 7, 2010 Andrew L. Mark witz, Esq. Attorneys for Pl intiff EXHIBIT "I" Counbywidw ROME LOANS P.O. Box 660694 Dal/aa. 7X 75266-OW4 John W Kichman 801 BUTLER PIKE MERCER, PA 16137-5653 Send Payments to: P.O. BOX 660694 Oaflaa. TX 75266-Od94 04/03/2009 Account No.: 168137617 Property Address- 2 19 Clay St. Enola, PA 17025 Current Servicer. Countrywide Home Loans Servicing LP ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the motltaege on your home is In defauh a •he IendeE Intonds to forecloso Specific Inforntatlon about the nature of the default is provided in the attachod paces. The HOMEOWNER'S EMERGENCX MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to help to save your home, Th e t works To sec if HEMAP can halo you must MEET WITH A C}3NSUMER CREDIT COU_ _ NSELING AGENCY WITHIN 40 DAYS OF THE DATE OF THIS NOTICE. Take this Notre wKh you when you meet with the Counseling Aganov. This Notice contains Important legal information. If you have any questions, representatives at the Consumer Credit Coun°.40ing 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 NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO A CONTINUAR VIVIENOO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL Nt1MERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRE'STAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIOA DEL DERECHO A REDiMIR SU HIPOTECA. HOMEOWNER'S NAME(S): John W Kichman PROPERTY ADDRESS: 242 Clay St,,,_,, Enola. PA 17025 LOAN ACCT. NO.: 168137617 ORIGINAL LENDER: CURRENT LENDER/SERVICER: Countrywide Homo Loans Servicing LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY Br= FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS Pkruae wree gar eooa nl mob•r on all chadm and oa We may dfw" you a fee for ary pw-1 rekrnnt Orreleebd by gar fww*4zd wwidenoe. ina"OM1 Object to apoicme law. Account Number. 168137617L2 Make your chock payable to CounkyNide Home Loma John W F(Ichman Balance Due for Jm &stod above: $1,895.63 M of April ,1. 7.009. • your account number an 21 B CI S ay t yaw • or money catler yaw ch many amounts Pl--,Qdara a-nY i inf 1Niw -the rW W ? fide a Ira: Galvon. Ulan S50se send t:etti?d Aeu6one Prkrcpar CIieG • Don% tta dtedt U the 9r1]PAt ym pm ? Acetone • DOM Y+dude Correspondence • Dmt send cfth Countrywide Exrow PO BOX 660694 ?- Dallas, TX 75266-0694 DE-1 .I,Irlr,.i.lrll,..II,rII...rI1.,Irirrrlrrll,lr,ri,?l.,l,ll l.?rt rlvrck TnWr 168137617200000189563000189563 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. TEMPORARY STAY OF FORECL OS IKE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for Thirty (30) days from the date of this Notice. During that time you must arrange and attend a "fooe-to-faoe" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE CONSUMER CREDIT COUNSE IN CFnfr_iFS - If Fo YOU meet with one of the consumer credit counseling agencies listed at the and of this notice, the lender may NOT take action against you for Thirty (30) days after the date of this meeting. Tho names aIef aac - -A r..re.,"-- ....?ti_? _...__•-- ----- ... .. e. av Fry y? rot rvutce. or is only necessary to schedule one your lender immediatoly of your intentic APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see fotlowinq pages fcx' 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 (30) days of your face-to-face meeting. YOU MU 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. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agerx:y 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 sat forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decisior: on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS. AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NOTICE OF INTENT TO FORECLOSE YOUR HOME LOAN IS IN A STATE OF DEFAULT DUE TO THE REASONS MENTIONED IN THIS NOTICE. YOU MUST TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE NATURE OF THE DEFAULT - The MORTGAGE debt hold by the above lender on your property located at: 219 Clay St. Enola. PA 17025 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due Monthly ChaegrZ Late charges: Other Late• Chame 02/09/2009 02101 /2009 Total Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: E-mail use: ProNtllne yutr o.maail address below will allow us to send ym kMorenatkm on your account. Account Nunobrr 18$131'817 John W o0chman E-mail address $1.724.40 $43.38 $107.85 $20.00 ($0.00) 5'l .895.83 Flow wo pod your vaprisrilc AN accepsod Myrmnts of principal and interest will be applied to the lonxjest outstanding installment due, unless otherwise expressly prohibited or thrilled by low. ft you subrtdt an amount in addition to your scheduled monody amount, we will apply your payments as kgows: (i) to cutstanding monthly paynants of pri wipal and interest. (ii) escrow deficiencies, (iii) We co"Me and ather amounts you awe in connection with your i an and (W) to reduce the outstanding; principal talents of your loan. Piease speedy If you want an additional amount applied to future payments, reswr than principal reduction. Pbstdaled diac s: Cou trywide's policy is to not accopt posidamd checks, unless spec cony agreed to by a ban ommebr a taehrdcien, YOU HAVE FAILED TO TAKE THG FOLLOWING ACTION jDo no usp if not applicable)) HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,895.63, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Paymon s must be made either b cashiers check. cortifl check or money order made 12aval.)Ie and sent to: Countywide at P.O. Box 660694, Dallas. TX 75266.0694. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter, (Do not use if not apelicable) If YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due Immediately and you may lose the chance to pay the mortgage In monthly Installments. If full payment of the total amount past due is not made within _ THIRTY (30 DAYS, the lender also Intends to Instruct its attorneys to start legal action to foreclose upon your mortgaged property IF ME MORlender reTGAGE IS F01MECLOSED UPQ - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the fers 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 proceedings 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 jRTY (301 DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums duo under the mortgage- RIGHT TO CURE T(JDEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the MIRTY (30) DAY period i,nd foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the SherttT's Sale. You may do so by paying the total amount then past due, plus any late or other charges ttren duo, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified In writing by the lender and by performing any other requirements under the mortgage. Curing your default In the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. -EARLIEST POSSIBLE SHERIEF-S SALE DATE - It Is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDE : Name of Lender: Countrywide Home Loans Servicing LP Address: P. O. Box 660694 Dallas, TX 75266-0694 Phs,ne Number: 1-800-888-8854 Fax Number: 1-805-577-3432 Contact Person: MS PTX-36 Attention: Loan Counselor EFFECT OF SHERIFF'S-SALE - You should realize that a Sheriffs Sale will and your ownership of the mortgaged property and 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 the lender at any time. ASSUjfPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE- MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED. IF YOU CURE FHF- DI.:.I=AUL 1'. (HOWF?Veit, YOU DO NOT HAVE fHIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE -rIME3 IN ANY CAI.ENDAR YEAR.) 22).7518Pb9 TO ASSERT THE NONEXIS'T'ENCE OF A DEFAULT" IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INS'ITUTED 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. Your loan Is in default Pursuant to your loan documents, Countrywide may, enter upon and conduct an inspection of your property. The purposes of such an inspection are to (1) observe the physical condition of your property, (11) verify that the property is occupied and/or (111) determine the Identity of the occupant. If you do not cure the default prior to the Inspection, other actions to protect the mortgagee's Interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account an provided In your security instrument. If you are unable to cure the default on or before May 3, 2009, Countrywide wants you to be aware of various options that may be available to you through Countrywide to prevent a foreclosure sale of your property. For example: . Repayment Plan: It Is possible that you may be eligible for some form of payment assistance through Countrywide. Our basic plan requires that Countrywide, receivn, up front, at least 'A cif the amount necessary to bring the a=.)unt current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. . Loan Modification: Or, It is possible that the regular monthly payments can be lowered through a modification of the loan by reducing the interest rate and then adding the delinquerd payments to the current loan balance. This foreclosure alternative, however, is limited to certain loan types. • Sale of Your Property. Or, if you are willing to sell your home in order to avoid foreclosure. It is possible that the sale of your home can be approved through Countrywide even If your home is worth less than what is owed oil It • Deed-in-L.leu: Or, if your property is free from other liens or encumbrances, and if the default is due to a serious financial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure altematives with Countrywide, you must contact us immediately. If you request assistance. Countrywide will need to evaluate whether that assistance will be extended to you. In the meantime, Countrywide will pursue all of Its rights and remedies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by May 3. 2009 as outlined above will result in the acceleration of your debt Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-13W-669di684. I CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY CUMBEauAND COUNTY Adams C xmty Interfaith CCCS of Western PA Community Action Commission Housing Authority 2000 Unglastown Road of Capital Region 40 E High Street Harrisburg, PA 17102 1514 Derry Street Gettysburg, PA 17325 888.511.2227 Harrisburg, PA 17104 717.334.1518 717.232.9757 Loveship, Inc. Marenatha PHFA 2320 North 5th Street 43 Philadalphla Avenue 211 North Front Street Harrisburg, PA 17110 Waynesboro, PA 17268 1larrisburg. PA 17110 717.231.7207 717.762.3285 717.780.3940 800.342.2397 EXHIBIT "I" EXHIBIT "J" McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esquire Attorney ID #28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BANK OF AMERICA, N.A., as Successor by Merger to BAC Home Loans Servicing, LP V. John W. Kichman, Jr. Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 09-CV-04193 PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OFTtAMLv% S `(L_ fCLv\ i C, ) ss. COUNTY OF A ? ? Q r. ,. z4i ?Nj%rG ? ll J? , being duly sworn according to law, deposes and says: 1. I am employed in the capacity 0f?11?Ct Bank of America, N.A., 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 mortgage payments due February 1, 2009 and each month thereafter are due and unpaid. 5. The amounts currently due on the mortgage are as follows: Principal Balance Interest (1/1/09 through 11/04/11) (per diem $12.4120) Attorney's Fees and Costs of Suit Late Charges Escrow Advances Property Inspection Fees $ 62,659.64 $ 12,908.72 $ 2,945.64 $ 172.92 $ 3,931.78 $ 239.00 TOTAL $ 82,857.70 6. Defendant has failed to reinstate the account. 7. Plaintiff provided defendant with a Notice of Intention to Foreclose Mortgage and the requisite notice under Act 91. 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 and to the severe detriment of Plaintiff. 9. Plaintiff properly accelerated its mortgage to protect its interests. r Name: 98E- ? ///F ?? Title: Bank of America, N.A. On this day of -. Qn UCt ? , 20 1 Z , before me a notary public, the undersigned officer, personally appeare 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 shexecuted the same for the purposes therein contained. In witness hereof, I hereunto set my hand an official seal. NOTARIAL SEAL MARY ANN FINK Stamp/Seal Notary Public PENN HILLS TWP, ALLEGHENY COUNTY Notary My Commission Expires Aug 3, 2014 File Name: (Kichman, John W.) McCABE, WEISBERG AND CONWAY, P.C. BY: Andrew L. Markowitz, Esq. Attorney ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BANK OF AMERICA, N.A. as Successor by Merger to BAC Home Loans Servicing, LP f/k/a Countrywide Home Loans Servicing LP Plaintiff V. JOHN W. KICHMAN, JR. Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-CV-04193 CERTIFICATION OF SERVICE I, ANDREW L. MARKOWITZ, ESQUIRE, hereby certify that a true and correct copy of the within Plaintiffs Motion for Summary Judgment and attached documents were served on the 15`h day of March, 2012 by first-class mail, postage prepaid, upon the following: Mr. John W. Kichman 260 North Enola Drive Enola, PA 17025 DATE: March 15. 2012 " _f " ANDREW L. MARKOWIT , ESQUIRE Attorney for Plaintiff op A PRAECIPE FOR LISTING CASE FOR ARGUMENT -rn r -- F: x .?, r? + N) 0 I ZEE ` TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. BAC HOME LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. JOHN W. KICHMAN, JR. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Number: 09-4193 CIVIL TERM 1. State Matter to be argued: Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 (b) John W. Kichman, Jr., Pro Se 260 North Enola Drive Enola, PA 17025 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: DATE: March 27, 2012 ANDREW L. MARKOW#Z, ESQUIRE Attorney for Plaintiff 20 a-7.8is? June 1, 2012 McCABE, WEISBERG & CONWAY, P.C. BY: Andrew L. Markowitz, ESQUIRE Identification Number 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorney for Plaintiff BAC HOME LOANS SERVICING LP f/k/a COUNTRYWIDE HOME LOANS SERVICING LP Plaintiff vs. JOHN W. KICHMAN, JR. Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Number: 09-4193 CIVIL TERM CERTIFICATION OF SERVICE I, ANDREW L. MARKOWITZ, Esquire, hereby certify that a true and correct copy of the within Praecipe for Listing Case for Argument was served on the 27th day of March, 2012, by first-class mail, postage prepaid, upon the following: Mr. John W. Kichman 260 North Enola Drive Enola, PA 17025 DATE. March 27.2012 ANDREW L. MARKO T SQUIRE Attorney for Plaintiff BANK OF AMERICA, N.A., as Successor by Merger to BAC Home Loans Servicing, LP fWa Countrywide Home Loans Servicing LP, Plaintiff V. JOHN W. KICItMAN, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-4193 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS, P.J., and PECK, J. ORDER OF COURT AND NOW, this 4t' day of June, 2012, upon consideration of Plaintiff's Motion for Summary Judgment, and following oral argument held on June 1, 2012, Plaintiff's Motion for Summary Judgment is denied. ? Nathan C. Wolf, Esq. 10 West High Street Carlisle, PA 17013 Attorney for Plaintiff ? John W. Kichman, Jr. 260 North Enola Drive Enola, PA 17025 Defendant, pro Se (?'P'xes ,xu, lyd 61V I D. BY THE COURT, w Christyl L. Peck, J. f>?' 3..' -+?' McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 JOSEPH F. RIGA, ESQUIRE - ID # 57716 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 C MARISA J. COHEN, ESQUIRE - ID # 87830 Q ` y w BRIAN T. LaMANNA, ESQUIRE - ID # 310321 ? . .? ANN E. SWART ESQUIRE - ID # 20192 6 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 -'K CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 .. -G -p f 123 South Broad Street, Suite 1400 'c"' -°? Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home CUMBERLA ND COUNTY Loans Servicing LP COURT OF COMMON PLEAS Plaintiff No. 094193 civil term v. John W Kichman, Jr Defendant PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as Discontinued and Ended, without prejudice, upon payment of your costs only. DATE: Q /? Z [ ] Terrence J. McCabe, Esquire [ ] Marc S. Weisberg, Esquire [ ] Edward D. Conway, Esquire [ ] Margaret Gairo, Esquire [ ] Andrew L. Markowitz, Esquire [ ] Joseph F. Riga, Esquire [? ] Heidi R. Spivak, Esquire [ ] Marisa J. Cohen, Esquire [ J Brian T. LaManna, Esquire [ ] Ann E. Swartz, Esquire [ ] Kevin T. McQuail, Esquire [ ] Christine L. Graham, 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 JOSEPH F. RIGA, ESQUIRE - ID # 57716 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP tka Countrywide Home Loans Servicing LP Plaintiff V. John W Kichman, Jr Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 09-4193 civil term CERTIFICATE OF SERVICE The undersigned Attorney for Plaintiff, hereby certifies that a true and correct copy of the within Praecipe to Discontinue and End was served on the below person by regular first class mail, postage prepaid, on the ? day of October, 2012. John W Kichman, Jr 801 Butler Pike Mercer, Pennsylvania 16137 DATE: li ( 2 [ ] Terrence J. McCabe, Esquire [ ] Edward D. Conway, Esquire [ ] Andrew L. Markowitz, Esquire [ f] Heidi R. Spivak, Esquire [ ] Brian T. LaManna, Esquire [ ] Kevin T. McQuail, Esquire Attorneys for Plaintiff ] Marc S. Weisberg, Esquire ] Margaret Gairo, Esquire ] Joseph F. Riga, Esquire ] Marisa J. Cohen, Esquire ] Ann E. Swartz, Esquire ] Christine L. Graham, Esquire