HomeMy WebLinkAbout09-5122COMPLAINT FOR DIVORCE
COURT OF COMMON PLEAS, Cumberland COUNTY, PENNSYLVANIA
In re: the Marriage of
Plaintiff ?t
and
Defendant
Docket No.
The Plaintiff, Kristy L Mahoney , respectfully declares the following:
1. Plaintiffs Residence: Plaintiff resides at 4 Kevin Road Apt. D, Mechanicsburg, PA 17050 [insert
Plaintiffs address] and has been a resident of the Commonwealth of Pennsylvania for 27 years [insert
period of residence in months and years].
2. Defendant's Residence: Defendant resides at 1737 Susquehanna St., Harrisb uric , PA 17102 [insert
Defendant's address] and has been a resident of the Commonwealth of Pennsylvania for 36 years [insert
period of residence in months and years].
3. Marriage: On September 02 , 2005 , in New Cumberland (city), Cumberland (county),
Pennsylvania (state), the Plaintiff and Defendant married. An official copy of the marriage license is
attached to this COMPLAINT FOR DIVORCE.
4. Children: Plaintiff and Defendant have the following children born or adopted into their marriage:
Name: Ella Rose Mahoney Date of Birth:
Name: Date of Birth:
Name: Date of Birth:
Name: Date of Birth:
December 17, 2006
5. Jurisdiction: This Court is that of proper jurisdiction to hear this cause. The Defendant has agreed to file
an Affidavit of Consent in this cause. Neither the Plaintiff or Defendant has been involved in any litigation or
other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or
any other domestic matter.
6. Grounds for No-Fault: Plaintiff wishes a dissolution of marriage with Defendant based on the following
grounds:
Irretrievable breakdown of the marriage with no intent to reconcile.
[Note: This paragraph must describe sufficient legal basis for divorce as recognized by the laws of the
Commonwealth of Pennsylvania. Sufficient basis for a no-fault divorce within Pennsylvania is limited to the
following: (1) irretrievable breakdown of the marriage with the spouses living separate and apart without
cohabitation for two years, or (2) irretrievable breakdown of the marriage, and the spouses have both filed
affidavits that they consent to the divorce. (Note: The court may delay the case for 90 to 120 days if it
appears that a reasonable chance exists for reconciliation. Additionally, 90 days must elapse after the filing
for divorce before the court will grant the divorce.)
7. Marital Settlement Agreement: Plaintiff and Defendant x have (copy attached)
have not entered into a Marital Settlement Agreement that formalizes an allocation of their
property and finances and matters relating to child custody and visitation.
8. Other Declarations:
NOW, THEREFORE, Plaintiff requests that the court order a DECREE OF DIVORCE and such further relief
as Plaintiff may have requested herein.
Verification
I, y ]C:i!AA I [name of Petitioner], affirm under penalty of
perjury that ram he Petitioner in the oregoin COMPLAINT FOR DIVORCE and that all statements in this
Petition are accurate to the best of my knowledge. I have filed this Complaint in good faith and have not
colluded with anyone in relation to it.
110s
Petitioner's ature J Date
Petitioner's Address, Line 1
j"
Petitioner's Address, Line 2
Subscribed and sworn to before me on this 2eday of 20
Notary
NOTARIAL SEAL
PROTHONOTARY, NOTARY PUBLIC
CARLISLE CUMBERLAND COUNTY COURTHOUSE
MY COMMISSION EXPIRES JANUARY 4, 2010
OF THE TAp
2009 J1128 PH 12: 18
-as-k
1?1- -)-t5-;1- /-)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
1 PENNSYLVANIA
Pl ' tiff
Vs File No.
IN DIVORCE
?afflui)i LUaLd-Pil
Defen t
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/ defendant in the above matter,
[select one by marking "x"]
-)L prior to the entry of a Final Decree in Divorce,
or after the entry of a Final Decree in Divorce dated _ ,
hereby elects to resume the prior surname of 'RCYP and gives this
written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704.
Date: not lyjAjn?l
Signature
157. At,
Signatur name bei resumed
COMMONWEALTH OF PENNNSY-,VA1VIA }
COUNTY OF L AJCc --
On the g$4 ?iay of , 200, before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, 1 have hereunto set my hand hereunto set my :hand and official
seal.
Notary Public
NOTARIAL SEAL
PROTHONOTARY, NOTARY PUBLIC
CARLISLE CUMBERLAND COUNTY COURTHOUSE
MY COMMISSION EXPIRES JANUARY 4, 2010
1?Dg 412 8 PH !2 • !
Ci. AI
COURT OF THE COMMON PLEAS, CUMBERLAND COUNTY, PA
In Re: Marriage of
Kristy L Mahoney
Plantiff
Vs.
Lamont L Mahoney
Defendant
No. 09-5122
PRAECIPE TO REINSTATE COMPLAINT IN DIVORCE
TO THE PROTHONOTARY:
Kindly reinstate the above-captioned complaint in divorce.
Su,bscrbe~ aw~ sWa~~-I'o be~rC n~~ 0.2 ~l~cts
~~. c~~ Ord
PROTHONOTARY, NO ARY PUBLtC
CARLISLE CUMBERLAND COUNTY COURTHOUSE
MY COMMISSION EXPIRES JANUARY 4, 2010
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KRISTY L. GOODALL,
(F/K/A KRISTY L. MAHONEY),
PLAINTIFF
VS.
LAMONT L. MAHONEY,
DEFENDANT
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-5122
CIVIL ACTION -LAW
ACTION FOR DIVORCE
RULE
AND NOW this n4?
o? day of , 2012 upon consideration of the
Petition for Enforcement of Marital Settement Agreement filed by Plaintiff, it
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A hearing is scheduled in for I (o , 2012, at M.
Courtroom Number y of the Cumberlan County Courthouse, One Courthouse Square,
Carlisle, Pennsylvania.
BY THE COURT,
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Distribution:
?Linda A. Clotfelter, Esquire 5021 E. Trindle Road, Suite 100, Mechanicsburg, PA 17050; 796-
1930; 796-1933 (fax)
Lamont L. Mahoney, Pro Se, 1737 Susquehanna Street, Harrisburg, PA 17102
6p i /° 5 lip a, /-e-d 7/;1/i x
?L
KRISTY L. GOODHALL, f/k/a IN THE COURT OF COMMON PLEAS OF
KRISTY L. MAHONEY, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
VS. CIVIL ACTION - LAW
NO. 09-5122 CIVIL
LAMONT L. MAHONEY,
Defendant
ORDER
AND NOW, this I ' day of July, 2012, the above-captioned case is assigned to
the Honorable J. Wesley Oler, Jr., Senior Judge.
BY THE COURT,
_'/c - /7
Kevin A ss, P. J.
? The Honorable J. Wesley Oler, Jr.
t/ Linda Clotfelter, Esquire
rw N
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Fri—
For the Plaintiff s M
il Lamont L. Mahoney, Pro Se
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1737 Susquehanna Street
Harrisburg, PA 17102 N rr
Defendant -- w
? Court Administrator
Am ?1 9' 'I -ed '7
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3
KRISTY L. GOODALL, f/k/a IN THE COURT OF COMMON PLEAS OF
KRISTY L. MAHONEY, CUMBERLAND COUNTY, PENNS?;LV I4
Plaintiff
V. NO. 09-5122 CIVIL cm
LAMONT L. MAHONEY,
Defendant : CIVIL ACTION - LAW r`Z-
?C
C) ORDER OF COURT
AND NOW, this 16th day the July, 2012, upon consideration
of plaintiff's Petition for Enforcement of Marital Settlement
Agreement, and pursuant to an agreement reached in open court i
which plaintiff was represented by Linda A. Clotfelter, Esquire,
and the defendant represented himself, it is ordered and directed
as follows:
1. Defendant shall be solely responsible for all
financial, tax and other liabilities related to the real estate
located at 1737 Susquehanna Street, Harrisburg, Dauphin County,
Pennsylvania.
2. If plaintiff must make any payments related to the r al
estate for any reason, the defendant shall, as of the date of
plaintiff's payment, owe plaintiff the sum she paid.
3. Defendant shall reimburse plaintiff with monthly
installments at a rate of five percent of the total sum paid by
plaintiff beginning on the 30th day following plaintiff's payment,
with the total sum being paid within 36 months. Interest of two
percent annually shall accrue on any outstanding sums beginning n
the 37th month.
By the Court,
d
J Wesley r, r S.J.
GOODALL V. MAHONEY (09-5122 CIVIL)
Linda A. Clotfelter, Esquire
For the Plaintiff
Lamont L. Mahoney, Pro Se
1737 Susquehanna Street
Harrisburg, PA 17102-2333
Defendant
vae
C"? ~a c•.I ?F
INDEX OF EXHIBITS raa a _
t
Kristy L. Goodall,f/k/a -,
Plaintiff ' r
V. 09-5122
Lamont L. Mahoney, -
Defendant
Hearing date: 07/16/12
Plaintiff's Exhibit No. 1 - Divorce Decree
Plaintiff's Exhibit No. 2 - Marital Settlement Agreement
Plaintiff's Exhibit No. 3 - Mortgage Foreclosure Complaint
Plaintiff's Exhibit No. 4 - Deed
Plaintiff's Exhibit No. 5 - Mortgage
Kristy L Rogers
V.
Lamont L Mahoney
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANI
NO. 09-5122
DIVORCE DECREE
AND NOW,. 0 , it is ordered and decreed that
Kristy L Rogers
plaintiff, and
Lamont L Mahoney
bonds of matrimony.
defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None
By the Court_
MARITAL SETTLEMENT AGREEMENT
AGREEMENT made on this 28th day of July 2009 , by
and between Kristy L Mahonev (hereinafter referred to as "Wife"),
who resides at 4 Kevin Rd. Apt D. Mechanicsburg, PA 17050 [insert full residential address of
Wife] and Lamont L Mahonev (hereinafter referred to as "Husband"), who
resides at 1737 Susquehanna St.. Harrisburg. PA. 17102 [insert full residential address of
Husband].
WHEREAS, we were married on the 2nd day of September , 2005 in
New Cumberland, State of Pennsylvania , and we now mutually desire to dissolve our marriage
and mutually agree to live permanently separate and apart from each other, as if we were single;
WHEREAS, we each have exercised good faith and have made fair, accurate, and complete
disclosure to each other regarding all financial and property matters pertaining to this marital
settlement agreement;
WHEREAS, we mutually desire to settle by agreement all matters regarding our marital affairs,
child custody and visitation, personal and real property, and finances;
WHEREAS, we mutually intend this agreement to be a final disposition regarding the marital
issues addressed herein and intend that this agreement be incorporated into any subsequent
DECREE OF DIVORCE.
THEREFORE, in exchange for the mutual promises herein contained, we agree to live separately
and to divide our property and finances according to the following mutually agreed upon terms
and conditions:
1. CHILDREN
Husband and Wife have the following child(ren) born or adopted into their marriage:
Name: Ella Rose Mahoney Date of Birth: December 17, 2006
Name: Date of Birth:
Name: Date of Birth:
Name: Date of Birth:
II?r
'2. JA
47 01?
A. CUSTODY
To settle all issues in relation to custody in a manner consistent with the best interest of the
child(ren), Husband and Wife agree as follows:
Neither party shall retain a residency outside the state until the child reaches the age of 18. No
modifications shall be made to custody without the consent of both parties.
Husband and Wife shall have joint custody of Ella Rose Mahoney
B. VISITATION
To settle all issues in relation to the visitation rights in a manner consistent with the best interest
of the child(ren), Husband and Wife agree as follows:
1) Husband shall have the following rights of visitation:
Weekends:
Husband shall have visitation rights on the following days and times [choose one.] each
weekend OR X every other weekend:
Weekdays:
Husband shall have visitation rights on the following days and times during [choose one:J X
each week OR every other week:
Husband shall be responsible for drop off/pick up of daughter f Ella Rose Mahoney) on days
agreed upon by both parties
Yearly Vacation:
Husband shall have visitation rights for the following vacation periods each year:
Husband shall be entitled to a yearly vacation of one week any time during the year given a two
week notice is -given to wife
Holidays:
Husband shall have visitation rights for the following holidays during the year:
Husband shall have equal visitation riahts for all holidays throughout the Year. Husband and wife
will make arrangements accordmaly
Other Visitation Rights:
Husband shall have the following additional visitation rights:
2) Wife shall have the following rights of visitation:
Weekends:
Wife shall have visitation rights on the following days and times [choose one] each
weekend OR X every other weekend:
Wife shall be responsible for pick up of daughter (Ella Rose Mahoney) at day care or school by
5.30 pm Friday on the start of the visitation weekend
Weekdays:
Wife shall have visitation rights on the following days and times during [choose one:] X
each week OR every other week:
Wife shall be responsible for drop off/pick up of dauahter (Ella Rose Mahoney) on davs agreed
upon by both parties
Yearly Vacation:
Wife shall have visitation rights for the following vacation periods each year:
Wife shall be entitled to_a yearly vacation of one week any time during the year given a two week
notice is given to wife.
Holidays:
Wife shall have visitation rights for the following holidays during even-numbered years:
Wife shall have equal visitation rights for all holidays throughout the Year Husband and wife will
make arrangements accordinal-
Other Visitation Rights:
Wife shall have the following additional visitation rights:
2. REAL ESTATE
A. RESIDENCE
Husband shall reside at 1737 Susquehanna St.. Harrisburg PA 17102
Wife shall reside at 4 Kevin Rd Apt D Mechanicsuburg PA 17050
B. HOMESTEAD
Husband and Wife own the following real property as their family residence, located at 1737
Susquehanna St. Harrisburg PA 17012
Husband and Wife agree that Lamont L Mahoney shall continue to reside at the above
mentioned family residence.
Rights, responsibilities and expenses regarding the above mentioned family residence shall be
distributed as follows:
1) Title:
Wife shall have the following rights of title and ownership in the family residence:
Wife shall retain no rights to property.
Husband shall have the following rights of title and ownershin in tho f7mfly r?L-4 -.
2) Expenses. Mortgage and Maintenance:
Husband shall be responsible for and pay the following expenses regarding the family
residence:
Husband shall be responsible for all expenses regarding the property while residing
there.
Wife shall be responsible for and pay the following expenses regarding the family
residence:
Wife shall be responsible for none of the expenses at residence
3. PERSONAL PROPERTY
A. HOUSEHOLD GOODS
Husband and Wife jointly own the following household goods to be divided as follows:
1) To Husband:
All electrical equipment, beds sofas chairs kitchen table tools dishes half of cookware
and camping gear
2) To Wife:
Dining room table, half of cookware and any unused furniture
B. AUTOMOBILES
Husband and Wife jointly own the following automobiles to be divided as follows:
1) To Husband:
2001 Saturn LS1
2) To Wife:
2004 Subaru Outback
4. BANK ACCOUNTS
Husband and Wife jointly hold the following bank accounts:
199628300 (Account Number)
(Account Balance)
PSECU
1 Credit Union Place
Harrisburg, PA 17110
(Name and Address of Institution)
The above mentioned accounts shall be divided as follows:
1) To Husband:
Husband shall have no rights to PS ECU account
2) To Wife:
Wife shall retain all rights to PSECU account
5. DEBTS
Husband and Wife jointly hold the following debts outstanding:
199628300 ID 11 2004 Subaru Outback (Account Number)
$9418.91 (Account Balance)
PSECU
1 Credit Union Place
Harrisburg, PA 17110
(Name and Address of Institution)
126557018 (Account Number)
$100,039.92 (Account Balance)
Bank of America Home Loans
ATTN: Correspondence Unit
P.O. Box 5170
Simi Valley, CA 93062
(Name and Address of Institution)
The above mentioned debts shall be divided as follows:
1) Husband agrees to pay and assume all responsibility for the following debts:
Husband agrees to Day and assume all responsibility for account
126667018.
2) Wife agrees to pay and assume all responsibility for the following debts:
Wife agrees to pay and assume all resoonsibility for account 199628300 ID 11 2004
Subaru Outback
Husband and Wife agree that from the date of this agreement, neither shall assume any joint debt
or liability. Husband and Wife agree that each shall be individually responsible for all debts that
he or she acquires subsequent to the date of this agreement.
6. TAX LIABILITY
A. Husband and Wife agree that any joint tax liability shall be assumed as follows:
There shall be no joint taxes for the 2009 year.
B. The custodial parent shall have the sole right to claim as a dependent for state and federal
income tax purposes any child over which he or she has custody. In the event of joint custody,
the Husband and Wife agree as follows with respect to who shall hold this right:
7. HEALTH INSURANCE
Husband and Wife agree as follows in relation to their respective health care coverage:
Husband and Wife shall retain cov ra a aratel .
8. CHILD SUPPORT
A. Husband shall pay to day care child support in the sum of Seventy dollars
($ 70 ) per child, weeklv [specify "weekly" or monthly', beginning
on the 1st day of August , 20 09 . Husband shall continue to pay
this sum for a period of _2_3 eers or until the child reaches the five years of age or enrolls in
fulltime schooling.
B. Wife shall pay to day care child support in the sum of Seventy dollars ($-19__j per
child, weekly [specify "weekly" or "monthly', beginning on the
1st day of August 20 9 . Wife shall continue to pay this sum for
a period of 3 veers or until the child reaches the five years of age or enrolls in fulltime
schooling. Wife will continue medical and dental coverage on said child.
9. FINAL AGREEMENT
This agreement sets forth the entire agreement and understanding between the Husband and
Wife relating to the settlement of martial property and finances and supersedes all prior
discussions between us. No modification of or amendment to this agreement, nor any waiver of
any rights under this agreement, will be effective unless in writing signed by the party to be
charged.
10. ACKNOWLEDGEMENT
Husband and Wife acknowledge that each has entered into this agreement in good faith, without
any duress or undue influence. Each understands his or her right to seek independent counsel
regarding this agreement, and each has had the opportunity to seek independent counsel prior to
signing this agreement.
11. CHOICE OF LAW
Husband and Wife agree that this agreement shall be governed and construed in accordance
with the laws of the Commonwealth of Pennsylvania.
Signed and dated this r& day of 20 C
Supreme Co ,LPennsylvania
County
The information collected on this form is used solely for court administration purposes. This form Z;;
evnnipmont nr renlnce the flinty and .service ofnleadinQs or other nanene as reauired by law nr rules of
Commencement of Action:
® Complaint ? Writ of Summons ? Petition
? Transfer from Another Jurisdiction O Declaration of Taking
)'read Plaintiffs Name: BANK OF AMERICA, N.A., Lead Defendant's Name: LAMONT L. MAHONEY
SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS
SERVICING LP
Are money damages requested? ? Yes ENO Dollar Amount Requested: ? within arbitration limi
(Check one outside arbitration limi
Is this a Class Action Suit? ? Yes ® No Is this an MDJ Appeal? ? Yes 0 No
Name of Plaintiff/Appellant's Attorney: Jeremy J. Kob eski. Eso,. Id_ No.94503. Phelan Hallman & Schmieg. LLP
? Check here if you have no attorney (are a Self-Represented (Pro Sel Litigant)
Attt " ' i%the Case:
Peace an "
t9u 8re ma
TORT (do not include Mass Tort)
? Intentional
? Malicious Prosecution
? Motor Vehicle
? Nuisance
? Premises Liability
D Product Liability (does not include
mass tort)
? Slander/Libel/ Defamation
? Other:
MASS TORT
C3 Asbestos
O Tobacco
? Toxic Tort - DES
? Toxic Tort - Implant
? Toxic Waste
? Other:
PROFESSIONAL LIABILITY
p Dental
? Legal
0 Medical
? Other Professional:
? h
a
t,?CfS7l?tQ?osr ?mgoftant:
CONTRACT (do not include Judgments)
O Buyer Plaintiff
? Debt Collection: Credit Card
? Debt Collection: Other
D Employment Dispute:
Discrimination
? Employment Dispute: Other
? Other:
REAL PROPERTY
? Ejectment
? Eminent Domain/Condemnation
O Ground Rent
? Landlord/Tenant Dispute
® Mortgage Foreclosure: Residential
? Mortgage Foreclosure: Commercial
? Partition
? Quiet Title
? Other:
CIVIL APPEALS
Administrative Agencies
? Board of Assessment
? Board of Elections
? Dept of Transportation
? Statutory Appeal: Other
? Zoning Board
? Other:
MISCELLANEOUS
? Common Law/Statutory
? Declaratory Judgment
? Mandamus
? Non-Domestic Relations
Restraining Order
? Quo Warranto
? Replevin
? Other:
If -
Pa.R.C.P. 205.5 It Updated 01x01/2011
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PHELAN HALLINAN & SCHMIEG, LLP
Jeremy J. Kobeski, Esq., Id. No.94503
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
287879
BANK OF AMERICA, N.A., SUCCESSOR BY
MERGER TO BAC HOME LOANS SERVICING, LP
FKA COUNTRYWIDE HOME LOANS SERVICING
LP
7105 CORPORATE DRIVE
PLANO, TX 75024
Plaintiff
V.
LAMONT L. MAHONEY
KRISTY L. MAHONEY
1737 SUSQUEHANNA STREET
HARRISBURG, PA 17102-2333
Defendants
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. 2012- CV-3bP2-MF-
DAUPHIN COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
17-
File #: 287879
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.
DAUPHIN COUNTY
LAWYER REFERRAL SERVICE
213 NORTH FRONT STREET
HARRISBURG, PA 17101
(717) 232-7536
(SEE ATTACKED ESPANOL AVISO)
File #: 287879
NOTICE
CONCERNING MEDIATION OF ACTIONS PENDING BEFORE
THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY
The Judges of the Court of Common Pleas of Dauphin County believe that mediation of
lawsuits is a very important component of dispute resolution. Virtually all lawsuits can benefit in
some manner from mediation.
The Court has adopted Dauphin County Local Rule 1001 to encourage the use of
mediation. This early alert enables litigants to determine the best time during the life of their
lawsuit for a mediation session. The intent of this early alert is to help the parties act upon the
requirement to consider good faith mediation at the optimal time.
The Dauphin County Bar Association provides mediation services and can be reached at
717-232-7536. Free mediation sessions for pro bono cases referred by MidPenn Legal Services
are available through the DCBA.
File #: 287879
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las
demandas que se presentan mis adelante en las siguientes piginas, debe tomar acci6n
dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demands y Aviso
radicando personalmente o por medio de un abogado una comparecencia escrita y
radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como
se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma
de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por
el demandante puede ser dictado en contra suya por la Corte sin mis aviso adicional.
Usted puede perder dinero o propiedad u otros derechos importantes para. usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE.
SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA.
ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO
CONSEGUIR UN ABOGADO.
SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES
POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE
AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A
PERSONAS QUE CUALIFICAN.
File t 287879
1. Plaintiff is
BANK OF AMERICA, N.A., SUCCESSOR BY MERGER TO BAC HOME LOANS
SERVICING, LP FKA COUNTRYWIDE HOME LOANS SERVICING LP
7105 CORPORATE DRIVE
PLANO, TX 75024
2. The name(s) and last known address(es) of the Defendant(s) are:
LAMONT L. MAHONEY
KRISTY L. MAHONEY
1737 SUSQUEHANNA STREET
HARRISBURG, PA 17102-2333
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 02/24/2006 LAMONT L. MAHONEY and KRISTY L. MAHONEY made, executed
and delivered a mortgage upon the premises hereinafter described to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE
FOR COUNTRYWIDE HOME LOANS, INC which mortgage is recorded in the Office
of the Recorder of Deeds of DAUPHIN County, in Mortgage Instrument No.
20060007425. By Assignment of Mortgage recorded 10/31/2011 the mortgage was
assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book
20110029686.The mortgage and assignment(s), if any, are matters of public record and
are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule
relieves the Plaintiff from its obligations to attach documents to pleadings if those
documents are of public record.
4. The premises subject to said mortgage is described as attached.
Fite #: 297979
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 09/01/2010 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of Mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
6. The following amounts are due on the mortgage as of 01/04/2012:
Principal Balance $98,195.01
Interest $8,394.95
08/01/2010 through 01/04/2012
Late Charges $216.83
Escrow Deficit $1,908.08
Subtotal $108,714.87
Escrow Credit ($303-14)
TOTAL $108,411.73
7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on
the date(s) set forth thereon.
File #: 287879
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of
$108,411.73, together with interest, costs, fees, and charges collectible under the mortgage
including but not limited to attorney fees and costs, and for the foreclosure and sale of the
mortgaged property.
PHELAN HALLINAN & SCHMIEG, LLP
By: \k/
Jeremy . K ski, Esquire
Attorne fo laintiff
File #: 287879
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of land with the dwelling thereon erected situated in the Twelfth Ward of the
City of Harrisburg, Dauphin County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the east side of Susquehanna Street, which point is thirty-eight (38) feet four
(4) inches south of the southeast corner of Kelker and Susquehanna Streets, and on the division line
between properties numbered 1737 and 1739 Susquehanna Street; thence east on and along said division
line seventy-five (75) feet to a point; thence south on a line parallel with Susquehanna Street thirteen (13)
feet and one and one-fourth (1 1/4) inches to a point on the division line between properties numbered
1735 and 1737 Susquehanna Street; thence west on and along said division line seventy-five (75) feet to
a point on the east side of Susquehanna Street; and thence north along the east side of Susquehanna
Street thirteen (13) feet one and one-fourth (1 1/4) inches to a point, the place of BEGINNING.
HAVING THEREON ERECTED a dwelling house numbered 1737 Susquehanna Street.
TOGETHER with the use of the three (3) feet wide private alley in the rear separating properties 1736
and 1738 North Third Street and 1735 and 1737 Susquehanna Street and a two (2) feet six (6) inch wide
private alley extending eastwardly from Susquehanna Street along the southern side of property No. 1737
Susquehanna Street and connecting with the herein mentioned three (3) feet wide alley, both of said
alleys to be used in common by the owners and occupiers of properties Nos. 1736, 1738 and 1740 North
third Street, and 1735, 1737 and 1739 Susquehanna Street for the purpose of ingress and regress to
Susquehanna Street.
BEING part of the same premises which Richard A. Green and Susan M. Green, husband and wife, by
deed dated March 13, 2003, and recorded March 18, 2003 in the Office of the Recorder of Deeds in and
for Dauphin County, Pennsylvania in Deed Book 4802, page 198, granted and conveyed unto H. Robert
Boehringer, III, Grantor herein.
PROPERTY ADDRESS: 1737 SUSQUEHANNA STREET, HARRISBURG, PA 17102-2333
PARCEL # 12-003-027-000-0000
File #: 287979
_-S.,,,,: ZUU6UUU/4Z4 HecorCLeCt: UZ/Z//Zuub at U3: 3b: 3C NM J e,'uzJ ?tu?a ri. c??ri,
R3C0]-IDER of DEEDS, DAUPHIN COUNTY,PA. RECORDED BY DEPUTY CLERK: CHECK
DEED WARRANTY
IND. OR CORP.
PARCEL NO.: 12-003-027
This Deed, made the OW day of 2005
Between
H. Robert Boehringer, III, a Single Individual
And
herein designated as the Grantors,
Lamont L. Mahoney and Kristy L. Mahoney, Husband and Wife
herein designated as the Grantees,
Witnesseth, that the Grantors, for and inconsideration of
One Hundred Two Thousand Five Hundred and 00/100 Dollars ($102,500.00)
lawful money of the United States ofAmerica, to the Grantors in hand well and truly paid by the
Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby
acknowledged and the Grantors being therewith fully satisfied do by these presents grant,
bargain, sell and convey unto the Grantees forever,
ALL THAT CERTAIN lot of land with the dwelling thereon erected situated in the Twelfth Ward
of the City of Harrisburg, Dauphin County, Pennsylvania, bounded and described as follows, to
wit:
BEGINNING at a point on the east side of Susquehanna Street, which point is thirty-eight (38)
feet four (4) inches south of the southeast corner of Kelker and Susquehanna Streets, and on the
division line between properties numbered 1737 and 1739 Susquehanna Street; thence east on
and along said division line seventy-five (75) feet to a point; thence south on a line parallel with
Susquehanna Street thirteen (13) feet and one and one-fourth (1114) inches to a point on the
division line between properties numbered 1735 and 1737 Susquehanna Street; thence west on
and along said division line seventy-five (75) feet to a point on the east side of Susquehanna
Street; and thence north along the east side of Susquehanna Street thirteen (13) feet one and
one-fourth (1114) inches to a point, the place of BEGINNING.
HAVING THEREON ERECTED a dwelling house numbered 1737 Susquehanna Street
TOGETHER with the use of the three (3) feet wide private alley in the rear separating properties
1736 and 1738 North Third Street and 1735 and 1737 Susquehanna Street and a two (2) feet six
(6) inch wide private alley extending eastwardly from Susquehanna Street along the southern
side ofproperty No. 1737 Susquehanna Street and connecting with the herein mentioned three
(3) feet wide alley, both ofsaid alleys to be used in common by the owners and occupiers of
properties Nos. 1736, 1738 and 1740 North third Street, and 1735, 1737 and 1739 Susquehanna
INSTRUMENT #: 20Ub000l424 PAGE 1 OF 4
Street for the purpose of ingress and regress to Susquehanna Street.
BEING part of the same premises which Richard A. Green and Susan M Green, husband and
wife, by deed dated March 13, 2003, and recorded March 18, 2003 in the Of, face of the Recorder
of Deeds in and for Dauphin County, Pemuylvania in Deed Book 4802, page 198, granted and
conveyed unto N. Robert Boehringer, III, Grantor herein.
PACE 2 CF t
Together with all and singular the buildings improvements, ways, woods, waters, watercourses,
rights, liberties, hereditaments and appurtenances to the same belonging or in anywise
appertaining; and the reversion and reversions, remainder and remainders, rents, issues and
prof its thereof, and of every part and parcel thereof,• And Also all the estate, right, title, interest,
use, possession, property, claim and demand whatsoever of the Grantors both in law and in
equity, or, in and to the premises herein described and everypart andparcel thereof with the
appurtenances. To Have And To Hold all and singular the premises herein described together
with the hereditaments and appurtenances unto the Grantees and the Grantees'proper use and
benefit forever.
And the Grantors covenant that, except as may be herein set forth they do and will Specially
Warrant and Defend the lands andpremises, hereditaments and appurtenances hereby
conveyed, against the Grantors and all other persons lawfully claiming the same
same. or to claim the
In all references herein to any parties, persons entities or corporations, the use of any
particular gender or the plural or singular number is intended to include the appropriate gender
or number as the text of the within instrument may require.
Wherever in this instrument any party shall be designated or referred to by name or
general reference, such designation is intended to and shall have the same effect as if the words
"heirs, executors, administrators, personal or legal representatives, successors and assigns" has
been inserted after each and every such designatioh.
In Witness W iereof, the Grantors have hereunto set their hands and seals, or if a
corporation, it has caused these presents to be signed by its proper corporate offlcers and its
corporate seal to be affixed hereto, the dory and year first pbov
e wrrtten.
Signed, S aled and Delivered
in presence of
ted by
. Ro rt Boehr' er
Commonwealth of Penn ylvania, Coun 064ft?al.
Be
it Remembered,thaton ,1 X:ft S:
Q??? (J a, me the subscriber
Personally appeared H. Robert Boehringer, III and
known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the
within deed and acknowledged that (helshe/they) executed the same for the purposes therein
contained.
Witness my hand and seal the day and yeQr?afo?repsai?d s
YICIpF R. WEII(ER t?a y peyp? -L11Llt?y `"'?/
CampFNgBoro. Ca
?1°5m ? 4.2067
20050007424 PAGE 3 OF 4
Commonwealth of Pennsylvania, County of
}ss:
Be It Remembered, that on
before me the subscriber
personally appeared
who acknowledged self to be the
of
a Corporation, and that being authorized to do so as such corporate officer executed the
foregoing instrument for the purposes therein contained on behalf of the corporation.
Witness my hand and seal the day and year aforesaid.
H. Robert Boehringer, III
TO
Lamont L. Mahoney
Kri= L. Mahoney
mm? Dated
The Undersigned certifies that the precise residence and
complete post office address of the Grantee is:
1737 Susquehanna Street
Harrisburg, PA 17102
James M. Zugay, Esq.
Recorder of Deeds
(717) 780-6560
Candace E. Meck
First Deputy
Recorder of Deeds
Harrisburg, Pennsylvania
CERTIFIED END PAGE
INSTRUMENT #: 20060007424
RECORD DATE: 2l27Q006 3:36:38 PM
RECORDED BY:
DOC TYPE: DEED HBO
AGENT: KEYSTONE LAND
DIRECT NAME: BOEHRINGER, H. ROBERT III
INDIRECT NAME: MAHONEY, LAMONT L.
ACT 8 OF 1998:$5.00
COMMONWEALTH OF PA: $1025.00
MUNICIPALITY: $512.50 HARRISBURG CITY
SCHOOL DISTRICT: $512.50 HARRISBURG
AOPC: $10.00
AFFORDABLE HOUSING: $13.00
Location:
Dauphin County Courthouse
Room 102
Front & Market Streets
Harrisburg, PA 17101
I Certify This Document To Be Recorded
In Dauphin County, Pennsylvania.
??- NP r
James M. Zugay, Recorder of Deeds
THIS IS A CERTIFICATION PA GF
PLEASE DO NOT DETACH
THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT
INST#: 20060007425 Recorded.: 02/27/2006 at 03:36:39 PM 22 PAGE; JAMY:S M.
ZUGAY, RECORDER OF DEEDS, DAUPHIN COUNTY,PA. RECORDED BY DEPUTY CLERK: CMECK
i
i
Prepared By:
MICHELLE R. WHITEHEAD
COUNTRYWIDE HOME LOANS, INC.
2512 EASTERN BOULEVARD #25
YORK
PA 17402
Phone: (717)840-0663
After Recording Return To:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
Parcel Number:
Premises:
1737 SUSQUEHANNA ST
HARRISBURG
PA 17102-2333
[Space Above This Line For Recording Data]
LAP101060589076
(Case #1
MORTGAGE
00012655701802006
(Doc ID #]
PENNSYLVANIA - Single Family - Fermin MeelFreddle Mee UNIFORM INSTRUMENT WITH MERS
Page 1 of 17
Ct-6A(PA) (0508) CHL (10/05)(d) VMP Mortgage Solutions, Inc. (800)521-7291 Form 9039 1101
' 2 3 9 9 1 1 2 6 5 5 7 0 1 8 0 0 0 0 0 1 0 0 6 A'
INF-RUNTVT A`: 20060007425 PAGE 1 OF 21
CASE #: LAP101060589076 DOC ID #: 00012655701802006
1
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT
THE APPROVAL OF THE DEPARTMENT OF
VETERANS AFFAIRS OR ITS AUTHORIZED AGENT.
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16.
(A) "Security Instrument" means this document, which is dated FEBRUARY 2 4, 2 0 0 6
together with all Riders to this document.
(B) "Borrower" is
LAMONT L MAHONEY, AND KRISTY L MAHONEY, HUSBAND AND WIFE
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lenders 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 of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is
COUNTRYWIDE HOME LOANS, INC.
Lender is a
CORPORATION
organized and existing under the laws of NEW YORK
Lenders address is
4500 Park Granada MSN# SVB-314
Calabasas, CA 91302-1613
(E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 2 4, 2 0 0 6
The Note states that Borrower owes Lender
ONE HUNDRED FOUR THOUSAND SEVEN HUNDRED THREE and 00/100
Dollars (U.S. S 104, 703 . 00 ) plus interest. Borrower has promised to pay this debt in regular
40 -GA(PA) (OS08) CHL (10105) Page 2 0117 Form 3039 1101
TNSTRU1471,TT i?: 20C60007425 PAGE 2 OF 21
CASE #: LAP101060589076 DOC ID #: 0001265,5701802006
Periodic Payments and to pay the debt in full not later than MARCH 01, 2036
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Load" 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.
(W "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 U Second Home Rider
Balloon Rider Planned Unit Development Rider LJ 14 Family Rider
VA Rider Biweekly Payment Rider Other(s) [specify]
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(K) "Electronic 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, 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 (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. 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, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan dues not qualify as a "federally related mortgage loan"
under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
et-GA(PA) (0508) CHL (10105) Page 3 of 17 Form 3039 1/01
c s x. 2nn-n0n7t25 PAGE ? OF 2'_
CASE #: LAP101060589076 DOC ID #: 00012655701802006
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrowers covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns
of MERS, the following described property located in the
COUNTY of DAUPHIN
[Type of Recording Jurisdiction] (Name of Recording Jurisdiction]
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of
1737 SUSQUEHANNA ST, HARRISBURG
[Stteet/Cityl
Pennsylvania 17102-2333 ("Property Address"):
17.tp Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for
Lender and Lenders 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 Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
ek-0A(PA) (0509) CHL (10/05) Page 4 of 17 Form 3039 1/01
20n =07425 PAGE 4 CF 27-
CASE #: LAP101060589076 DOC ID #: 00012655701802006
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to
Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency.
However, if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender:
(a) cash; (b) money order; (c) certified check, bank check, treasurers check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or
entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender
may return any payment or partial payment if the payment or partial payments are insufficient to bring the
Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return
them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under
the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future
against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument
or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
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.
4k -GA(PA) (0508) CHL (10/05) Page 5 of 17 Form 3039 1101
rye ?_ ^v^ u: 7nn:-,nnn7425 PAGE 5 OF 2'.
CASE #: LAP101060589076 DOC ID #: 00012655701802006
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 premiums, if any, or
any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any
time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly fumish to Lender all notices of amounts to be paid under this Section. Borrower shall
pay Lender the Funds for Escrow Items unless Lender waives Borrowers 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 fumish to Lender receipts evidencing such payment
within such time period as Lender may require. Borrower's obligation to make such payments and to provide
receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument, as the phrase 'covenant and agreement' is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit 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 an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings
on the 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 funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Ck-GA(PA) p5w) CHL (10/05) Page 6 of 17 Form 3039 1/01
-•?-c.,.?,.:,yc: 1'• - YACir; !? t.... G__
CASE #: LAP101060589076 DOC ID #: 00012655701802006
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security instrument, leasehold payments or ground rents on
the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these
items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;
or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain
priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days
of the date on which that notice is given, Borrower shall satisfy the lien of 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.
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. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time rernappings 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 Borrowers 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, Borrowers equity in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges
that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that
Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional
debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from
the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lenders 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
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Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold
such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has
been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender
may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments
as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be
paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on
such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of
the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the
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 Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use
the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise
agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist
which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
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
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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 Borrowers 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 Borrowers occupancy of the Property as Borrowers principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (.such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,
including protecting and/or assessing the value of the Property, and securing and/or repairing the Property.
Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority
over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its
interest in the Property and/or rights under this Security Instrument, including its secured position in a
bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make
repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or
other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take
action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It
is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee tide shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected
by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue
to pay to Lender the amount of the separately designated payments that were due when the insurance coverage
ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in
lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan
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is ultimately paid in full, and lender shall not be required to pay Borrower any interest or earnings on such
loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the
amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes
available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss
reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termination is required by Applicable
Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on
terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange 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 terms of the Loan. Such agreement will not increase the amount 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 discbsures, 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 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
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CASE #: LAP10106C589076 DOC iD #: 00012655701802006
repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall
be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than
the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction,
or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:
(a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value
divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss
in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is lass than the amount of
the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and
Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this
Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply
the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lenders judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lenders judgment, precludes forfeiture of the Property or other material impairment of Lenders
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 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
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Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any
right or remedy.
13. Joint and Several Liability; Co•sigDers; SucceMrs and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the co-signers
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations
and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors
and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrowers default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. Tn
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to
Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that
are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will
be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the
Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as
a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for
under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument 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 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 Borrowers change of address. If Lender specifies a procedure 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 under this Security Instrument at any one time. Any notice to Lender shall
be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has
designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
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this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument.
16. Governing Law; Severabi6ty; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the patties to agree by contract or it might be silent, but
such silence shall not be construed as a prohibition against agreement by contract. In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include
the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any
action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any 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 Lenders prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the
earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security
Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to
reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
(a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees,
property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest
in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument, and
Borrowers obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender
may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,
as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's
check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
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instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security
Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance, The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Servicer") that collects periodic Payments
due under the Note and this Security Instrument and Performs other mortgage loan servicing obligations under
the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given
written notice of the change which will state the name and address of the new Loan Servicer, the
address to which payments should be made and any other information RESPA requires in connection with a
notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other
than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan
Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances, As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor
allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences
shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances
that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substances in consumer products).
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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 patty involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property, If Borrower learns, or is notified by any governmental or
regulatory authority, or any private 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 Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower
of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default
must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums
secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender
shall hutber 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. It the default is not cared 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 co?ect all expenses
incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys'
fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only if the fee is paid to a third parry 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 the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire tide to the Property, this Security Instrument shall be a 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.
® -GA(PA) (0508) CHL (I CV05) Page 16 of 17
-® Form 3039 1/01
CASE #: LAP101060589076 DOC ID #: 00012655701802006
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
LAMONT L. MAHONEY (Seal)
-Borrower
KRISTY L HONEY (Seal)
Borrower
- (Seal)
-Borrower
-(Seal)
-Borrower
t j-SA(PA) (osoe) CHL (IOMS) Page 16 of 17 Form 3039 t/ot
r ?'ti:r :v?rvr??N:r' L?rV 7??"JV /4L7 YHV ?' 17 ',JY L1
CASE #: LAP101060589076
COMMONWEALTH O?FPENNSYLVA
On this, the 4-fA f-day of
undersigned officer, personally appeared
D0? ID 12655,01802006
County ss:
before me, the
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/shetthcy
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
NOTARIAL SEAL Tue of otree.
VICKIE R. WELKER, Notary C UNC
Camp HIII Boro., Cumberland County
I My Commission Expires March 4, 2007
Certificate of Residence
t ??t ?? "ti" c vows - do hereby certify that
the correct address of the within-named Mortgagee is p.0. Box 2026, Flint, MI 48501-2026.
Witness my hand this 1-4 V-10,4 day .4L644- ?2
Agent of Mortgagee
® 4 1A(PA) (0509) CHL (10/05) Pape 17 of 17 Form 3032 1101
2nn150007425 '?AGE '.7 OF 2
First American Title Insurance Company
Commitment Number: 06092
SCHEDULE C
PROPERTY DESCRIPTION
The land referred to in this Commitment is described as follows:
ALL THAT CERTAIN lot of lad with the dwelling thereon erected situated in the Twelfth Ward of the City of
Harrisburg, Dauphin County, Pennsylvania, bounded and described as follows, to wit:
B
south
EGINNING at a point on the east side of Susquehanna Street, which point is thirty-eight (38) feet four (4) inches comer numberetdh 1737 a d 17 9 Susqof Kelker and uehanna Street; thence east Streets, along > the ddb I line seventy-five
between properties ( t
to a point; thence south on a line parallel with Susquehanna Street thirteen (13) feet and one and one-fourth (1
1/4) inches to a point on the division line between properties numbered 1735 and 1737 Susquehanna Street;
Street and west ence north along the line of Susq ehannafSteoetathi?rtee (13) feet one and Susquehanna
one-fourth (1 1/4)
inches to a point, the place of BEGINNING.
HAVING THEREON ERECTED a dwelling house numbered 1737 Susquehanna Street.
TOGETHER with the use of the three (3) feet wide private alley in the rear separating properties 1736 and 1738
North Third Street and 1735 and 1737 Susquehanna Street and a two (2) feet six (6) inch wide private alley from
uehanna
Str
side
No.
1737
Susquehanna a exteco netting with eastwardlyhe he a name tioned thr et (3) of et wide a ley th of spar d alleys to be used in common by?t
the owners and occupiers of properties Nos. 1736, 1738 and 1740 North third Street, and 1735, 1737 and 1739
Susquehanna Street for the purpose of ingress and regress to Susquehanna Street.
BEING part of the same premises which Richard A. Green and Susan M. Green, husband and wife, by deed dated
March 13, 2003, and recorded March 18, 2003 in the Oft,ce of the Recorder of Deeds In and for Dauphin County,
Pennsylvania in Deed Book 4802, page 198, granted and conveyed unto H. Robert Boehringer, III, Grantor herein.
ALTA Commitment
schedule c
(08092/)6094119)
!VSTPU%7NT n. 1r. ,c "J( /42t? PAGE: 1N. Uh' 2:
CASE #: LAP10106058907 DOC ID #: 000126557018
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT
THE APPROVAL OF THE DEPARTMENT OF
VETERANS AFFAIRS OR ITS AUTHORIZED AGENT.
THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this
TWENTY-FOURTH dayof FEBRUARY, 2006 , and is incorporated into and shall be
deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein
"Security instrument") dated of even date herewith, given by the undersigned (herein "Borrower") to
secure Borrower's Note to
COUNTRYWIDE HOME LOANS, INC.
(herein "Lender") and covering the Property described in the Security Instrument and located at
1737 SUSQUEHANNA ST, HARRISBURG, PA 17102-2333
[Property Address]
VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code,
such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights,
duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other
instruments executed in connection with said indebtedness which are inconsistent with said Title or
Regulations, including, but not limited to, the provision for payment of any sum in connection with
prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of
the secured indebtedness pursuant to Covenant 18 of the Security Instrument, are hereby amended or
negated to the extent necessary to conform such instruments to said Title or Regulations.
LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four per centum
(4%) of the overdue payment when paid more than fifteen (15) days after the due date thereof to cover
the extra expense involved in handling delinquent payments, but such "late charge" shall not be
payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless
such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses
secured hereby.
TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upon
transfer of the Property securing such loan to any transferee, unless the acceptability of the
assumption of the loan is established pursuant to Section 3714 of Chapter 37, Title 38, United States
Code.
! (c\
-SUR (0405) CHL (06/04) Page 2 of 4 Initials:LLAZ_
2 C'?5: 07425 PAGE 153 OF 11
CASE #: LAP101060589076 DOC ID #: 00012655701802006
An authorized transfer ("assumption") of the Property shall also be subject to additional covenants and
agreements as set forth below:
(a) ASSUMPTION FUNDING FEE: A fee equal to one half of one percent
( 0.50 /o) of the balance of this ban as of the date of transfer of the Property shall be
payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department
of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute
an additional debt to that already secured by this instrument, shall bear interest at the rate herein
provided, and, at the option of the payee of the indebtedness hereby secured or any transferee
thereof, shall be immediately due and payable. This fee is automatically waived if the assumer is
exempt under the provisions of 38 U.S.C. 3729 (c).
(b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption
of this ban, a processing fee may be charged by the loan holder or its authorized agent for
determining the creditworthiness of the assumer and subsequently revising the holder's ownership
records when an approved transfer is completed. The amount of this charge shall not exceed the
maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of
Chapter 37. Title 38, United States Code applies.
(c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer
hereby agrees to assume all of the obligations of the veteran under the terms of the instruments
creating and securing the ban. The assumer further agrees to indemnify the Department of Veterans
Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness
created by this instrument.
L\rn
Initials
-539R (0405) ChIL (06/04) Ul-
Page 3 of 4
LUU b U UU 14 L0 eHmaz GU Vr G1
CASE #: LAP101060589076 DOC ID #: 00012655701802006
IN WITNESS WHEREOF, Borrower(s) has executed this VA Guaranteed Loan and Assumption Policy
Rider.
LAMONT L. MAHONEY Borrower
KRISTY HONEY - Borrower
- Borrower
- Borrower
Ck-5nR (0405) CHL (05/04) Page 4 of 4
James M. Zugay, Esq.
Recorder of Deeds
(717) 780-6560
Candace E. Meck
First Deputy
Recorder of Deeds
Harrisburg, Pennsylvania
CERTIFIED END PAGE
INSTRUMENT #: 20060007425
RECORD DATE: 2Q7W06 3:36:39 PM
RECORDED BY:
DOC TYPE: MTG
AGENT: KEYSTONE LAND
DIRECT NAME: MAHONEY, LAMONT L
INDIRECT NAME:
RECORDING FEES - State : $0.50
RECORDING FEES - County: $13.00
ACT S OF 1998: $5.00
ADDITIONAL NAME FEE: $34.00
AOPC: $10.00
AFFORDABLE HOUSING: $13.00
Location:
Dauphin County Courthouse
Room 102
Front & Market Streets
Harrisburg, PA 17101
I Certify This Document To Be Recorded
In Dauphin County, Pennsylvania.
d r ... ` I O V
James M. Zugay, Recorder of Deeds
THIS IS A CERTIFICATION PAGE
PLEASE DO NOT DETACH
THIS PAGE IS NOW PART OF THIS LEGAL DO