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HomeMy WebLinkAbout09-5360IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDENT FUNDING ASSOCIATES, L.P., Plaintiff, V. JEREMY ARMOLT and TONYA ARMOLT, NO. Oq-'53!00 Civil lex'? Defendants. TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ?[!??Oobft4N ATTORNEYS FOR PLAINTIFF I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 1235 N. Dutton Avenue, Suite E Santa Rosa, CA 95401 AND THE DEFENDANT ARE: 99 Pond Road Newville, PA 17241 WELTM-ANN, WEINBERG & REIS CO., L.P.A. BY: ? j "t,1 i^'* ATTORNEYS FOR PLAINTIFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 99 Pond Road Newville, PA 17241 Twp of Upper Frankford WELTTMMA;N?WEINBERG & REIS CO., L.P.A. BY: ATTORNEYS FOR PLAINTIFF ISSUE NO.: CODE: TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Patrick Thomas Woodman, Esquire Pa. I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. Firm #339 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#07628629 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDENT FUNDING ASSOCIATES, L.P., Plaintiff, V. JEREMY ARMOLT and TONYA ARMOLT, Defendants. NO: NOTICE TO DEFEND You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDENT FUNDING ASSOCIATES, L.P., Plaintiff, NO: - 3 60 c ? l fel? V. JEREMY ARMOLT and TONYA ARMOLT, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now, comes Plaintiff by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is PROVIDENT FUNDING ASSOCIATES, L.P. a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter `Plaintiff'). 2. The Defendants are Jeremy Armolt and Tonya Armolt, adult individuals whose last known address is 99 Pond Road, Newville, PA 17241. 3. On or about December 21, 2006, the Defendants executed a Note in the original principal amount of $167,500.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about December 21, 2006, as security for payment of the aforesaid Note, the Defendants made, executed and delivered to Quicken Loans, Inc. a Mortgage in the original principal amount of $167,500.00 on the premises located at 99 Pond Road, Newville, PA 17241, hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on January 12, 2007 in Mortgage Book Volume 1979, Page 1608. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. Quicken Loans, Inc. assigned all of its right, title, and interest in to the Mortgage to Plaintiff. Said Assignment is in the process of being recorded. 6. The Defendants are the current record and real owners of the aforesaid mortgaged premises. 7. The Defendants are in default under the terms of the aforesaid Note and Mortgage. 8. Demand for payment has been made upon the Defendant by Plaintiff, but Defendant was unable to pay the principal balance, interest or any other portion thereof to Plaintiff. 9. On or about April 30, 2009, Defendants were mailed Notice of Homeowner's Emergency Assistance Act of 1983, in compliance with the Homeowner's Emergency Assistance Act, Act 91 of 1983 and pursuant to 12 PA Code Chapter 31, Subchapter B, Section 31.201 et seq. 10. The amount due and owing Plaintiff by Defendant is as follows: Principal $ 163,126.97 Interest thru 7/15/09 $ 4,639.15 Late Charge thru 7/15/09 $ 257.85 Execution Costs thru 7/15/09 $ 0.00 Attorneys' Fees thru 7/15/09 $ 1,300.00 Title Search thru 7/15/09 $ 175.00 TOTAL $ 169,498.97 11. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged 12. Contemporaneously hereunder, Defendants have been advised of their right to dispute the validity of this debt or any part thereof, pursuant to the Fair Debt Collection Practices Act 30 Day Notice, attached hereto marked Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff demands judgment, in rem only, in Mortgage Foreclosure, for the amount due of $169,498.97, with interest thereon at the rate of $27.93 per diem from July 15, 2009, plus costs, in addition to late charges and for foreclosure and sale of mortgaged premises. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS CO., L.P.A. ?OM"A-opt Uh Patrick Thomas Woodman, Esquire Pa. I.D. #34507 Attorneys for Plaintiff 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 MERS MIN: 100039049797182474 December 21, 2006 [Date] NOTE Newville [City] 99 Pond Road Newville, PA 17241-9742 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $167 , 500.00 plus interest, to the order of the Lender. The Lender is Qui cken Loans Inc. 4979718247 Armolt. Jeremy PA [Statel (this amount is called "Principal"), I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.250%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1St day of each month beginning on February 1, 2007 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on January 1. 2037 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P , 0 . Box 553154, Detroit. MI 48255-3154 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 1.031.33 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannin Mae/Freddie Mac UNIFORM INSTRUMENT 1257683891 -5N 100o5LO1 ® VMP MORTGAGE FORMS Page 1 of 3 Form 3200 1/ 1 (9001521-729 Initial 1 81 IIIII{ { al IN III INI?I i? 0140 133 II0103 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE. TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of F1 fteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expanses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 111111111II11111111111111111111111Ili 804979718247 0140 133 0203 Form 1 0 ® -5N 10005).01 Page 2 of 3 Inltlals 10. UNIFORM SECURED NO'T'E This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE AND SEAL(S) OF THE UNDERSIGNED 12121/2006 (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower -(Seal) -Borrower (Seal) grower _ (Seal) -Borrower -(Seal) -Borrower _ (Seal) -Borrower [Sign Original Only] q04979718247 I47 ¦6I40?I33I10303? I III II? I??I NI ® -5N 10oo501 Pogo 3 of 3 Form 3200 1101 40 1117 0AIgD 1 Prepared By: Marina Strang 20555 Victor Parkway Livonia. HI 48152 (800)226.6308 ext. 55148 (fM 801 2g7 J3u 12 Hn 11 14 pltctoi'p`To: -- c Tide Source I [ 1450 W. Long '4th Fir. g take Rd. Trey, M148098 1-248-312-1200 Parcel Number: VPremises: 99 Pond Road 43-03-0065-016 \`)i Hewville, PA 17241-9742 ISpm Above 'na.1Le Far Reear&m Dotal 4979718247 2429534 MORTGAGE I\4 04 Z872? M1N 100039049797182474 DEFINITIONS Words used in multiple sections of this document are defined below and other words arc defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document am also provided in Section 16. (A) "Security Instrument" means this document, which is dated December 21. 2006 , together with all Riders to this document. (B)"Borruwee is Jeremy Armolt and Tonya Armolt. husband and wife Borrower is the mortgagor under this Security Instnunem. (C) "MMI is Mortgage Electronic Registration Systems. Inc. MFRS is a separate corporation that is acting solely as a nominee for Leader and Lender 'a mccesson and assigns. MARS b the martga`ea 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. PENIMMAN&A - Single family - Fw-- MaalFrOddle Mae UNIFORM 1NS7RUMl?IT WITH MM Farm 30" 1101 3892 15t 2 :i Pop1.11* :; ?k 1111 IIIAII?INII??wIN?INIA g9073716207 0233 170 0116 VMr MWWP 60Mnlaa, tn<. 02t•72at BKI979PG1608 4979718247 (D) "Lander" is Quicken Loans Inc. Lender is a Corporation organized and existing under the laws of the State of Michigan Lender's address is 20555 Victor Parkway. Livonia. MI 48152 (IS) "Note" means the promissory note signed by Borrower and dated December 21. 2006 The Note stases that Borrower owes Lender One Hundred Sixty Seven Thousand Five Hundred and 00/100 Dollars N.S. s167.500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1. 2037 (P) "Property" means the property that is described below under the heading "Transfer of Rights in the Property-" (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H3 "hiders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [heck box as applicable]: Adjustable Rate Rider P Condominium Rlder Second Home Rider Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Other(s) [specify] Legal Attached (1) "Applicable taw" 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-appedable judicial opinions. (,1) "Community Association Dues, Fee, and Assessments" meant all does, fees, assessments and other charges that am imposed on Borrower or the Property by s condominium association, homeowners association or similar organization. (10 "Electronic Funds Trandee' mesas any transfer of funds. other that a transaction originated by deck, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape 90 as to order, instruct, or authorize a financial imtttWton to debit or credit an account. Such tam includes, but is not limited to, point-0f-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (I.) "Escrow hems" means those items that are described in Section 3. (M) "Mbcellaneotes Proceeds" manes any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the cuvaagos described in Section S) for: (1) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any par of the Property; (n) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage lostsrairew means insurance protecting tender against the nonpayment of, or default on, the loan. (O) "Periodic Payment" means the regularly scheduled amount due for (r) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. P".2018 Form 3038 1101 at-BAtPA) meson 111111111 IHINI1111111111 eK 1979PG 1609 Ty 4979718247 (P) "RMA• 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 tae to Cate, 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 lam does not qualify as a 'federally related mortgage loan' under RESPA. (ty "Saceeenor i. Interest of Borrower" meant any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument sewres to Lender: (i) the repayment of the lam, and all renewals, extensions and modifications of the Note; and (ii) the performa - of Borrower's covenants and 0$100113 under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to MILS (solely as nominee for Lender and bender's successors and assigns) and to the successors rod assigns of MERS, the following described propeny located in the COUnty frm ofaeoord g orris -I of Cumber and [Nam ofRwor6eajart?nl: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO COVENANTS OF RECORD. which currently has the address of 99 Pond Road (SUM) NewVille [cayl, Pennsylvania 17241-9742 iZlpCode] ('Property Address'): TOGETHER WITH all the improvements now or hereafter erected on the property, and all 03cmenu, appunobces, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security tmmuncnt. All of the foregoing is referred to in this Searrity Iastrttrnent as the 'Property." Borrower umdersnnds and agrees that MERS holds only legal title to the interests rated by Borrower in this Security Instrument:, but, if necessary to comply with law or custom, MERS as nominee for Lender and Lender's snowssors and sat gosi ) has the riglht: to exercise any or all of those interests, including, but not limited to, the right to Be forecloand sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. M 04- at-6AIPAlow2p re" 3 a is Form 3039 1101 NIIIN?111pN?I?I?INIIIIiIIN1? BK 1979PG 1610 rf04979716347 0233 134 0216 4979718247 BORROWER COVENANTS that Borrower is lawfully seised or the 011 hereby conveyed and has the right to mortgage, gam and convey the property and that the Property is unencumbered. except for encumbrances of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covemanns for nuiond use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real party UNIFORM COVENANTS. Borrower and Leader covenant and agree as follows: 1. Payment of Principal, Interest, Eauew Metes, Prepnymemt Charges, and Late Charges. Borrower shall pay when due the principal of, and intend on, the debt evidenced by the Note sad any prepayment charges and late charges due under the Note. Borrower shalt also pay funds for Escrow hems pursuant to Section 3. Payments due under the Note and this Security Instrument shall be nude 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 Insutumeat be made in one or more of the following form, as selected by Leader- (a) cash; (b) money order; (c) certifigd cheek, bank check, treasuser's check or cashier's check, provided any such cheek is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments arm 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 insufftcieat to bring due I- current. Lender may swept any payment or partial payment insufficient to bring the Lem current, without waiver of any rights hereunder or prejudice to its rights to refuse Mich payment or patial 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 due, then Lender tread not pay interest on unapplied fiords. 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, Leader shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied w the outsnnding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against lender chill relieve Borrower from maddng payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Paynurts or Prooads. 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 beesme 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, Larder may apply any payment received from Borrower to the repayment of the Periodic Payments If, and to the extent that, each payment ,..a Q4- 4ft"IFA)p5ozi POOH 4 of is Fum 3039 7107 III1111111NII?NnIIIINll11 gK 1979PG 16 I 1 004!70710147 0233 134 0414 4979718247 can be paid in full. To the extent that any excess exists after the payment is applied to the ftnll payment of one or more Periodic Payments, such excess may be applied to nay hare don" 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 slap not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fonds for Escrow Item. Borrower shall pay to !.ender 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 amotum due for: (a) taxes and assessments and other items whicb can attain priority over this Security Instrument n a lien or encumbrance on the Property; (b) leasehold payments or ground rots on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; and (d) Mortgage insurance premiums, if any, or any sums payable by Borrower to Lander in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These item are called 'Escrow Items." At origination or at any time during the tam of the loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dotes, fees and assessments "I be an Escrow Item. Borrower shall promptly furnish to Linder all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lander waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Leader 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. who and when payable, the amounts due for any Escrow Items for which payment of Funds bas beta waived by I.ender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to snake such payments and to provide receipts shall for all purposes; be ddemod 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, Leader may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Under any such amount. Leader may revoke the waiver as to any or all Escrow Itts at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower small 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 Leader 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 [Iron Escrow items or otherwise in accordance with Applicable Law. The Fends shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lander is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Leader shall apply the Ponds to pay the Escrow hems no late than the time specified under RESPA. Lender shall not charge Borrower fbf holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lode' pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an ageanem 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, do interest vy. ea a 31198 1101 BAIPA) mom ? II ill?flll IIIII IN I IIHIM 11 1 QO.,,f716347 8333 134 0216 gK 19 7 9 PG 1612 s• 4979718247 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annul 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 shcxter of Fuodaheld in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower thou pry 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 deftcicwy of Funds held in escrow, a defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower ahaB pay to Leader the amount necessary to mote up the deficiency in accordance with RESPA, but in no more then 12 monthly payments. 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; Lktn. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can wain 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 mamer 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 a 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 arc pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lander 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 t notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification mdlor reporting service used by Lender in cotmetxion with this Loan. 5. Property Insurnuce. Borrower shall keep the improvements now existing or bereaf ter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage.' and arty other hazards including, but not limited W. 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 an change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loam, either (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 1 at-"IPA) 1011021 F."119116 Form 3039 1/01 NI 111111111111 IIM 111111111111 ?c l 9 7 9 PG 16 13 40497371#241 0233 134 6616 4979718247 if Borrower fails to maintain any of iho coverages described above, Lanier may obtain insurance coverage, at Leader's option and Borrower's expense. Lender is under to obligation to pntchaae my particular type or amount of coverage. Therefore. such coverage shall cover Leader, but might or might not protect Borrower. Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability nod might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cast of the insurance coverage so obtained might significantly exceed the cwt 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 amocmn 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 Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall namne Leader as mortgagee and/or as an additional loss payee. Lender shall have On right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid pro miumts and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by I etnder. for damage to, or destruction of, the Property, such policy shall include a standard mortgage close and shall name Leader as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the i0mm mce 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 satnsWioa, provided that such inspection shall be undertake[ promptly. Lander 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 requited to pay Borrower any interest or earnings on such proceeds. Fees for public adjuster:, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Larder's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. if Borrower abandons the Property. Larder 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 tdaim. The 30-day period will begin when the notice is given. In either event, or if Lander 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 presni mu paid by Borrower) under all insurance policies covering the Property, insofar as such rights arc applicable to the coverage of the Property. Lender may use the insurtmce 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. we 4BAIPAI 100021 ?v r +e Fenn 3039 1101 111101111111111011111111111 OK 9?9p? 6 4 ,0497"111247 0233 134 0711 4979718247 6. oecgmncy. 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 Lander otherwise agrees in writing, which consent sball slot be unwasonably withhold, or unless ex1en601119 circumstances exist which are beyond Borrower's control. 7. Preservation, Malatenance and Protection of the Property; lnspeetions. Borrower 311111 not destroy, damage or impair the Property. allow the Property to deteriorate or commit waste an the Property. Whedw 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 sball 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. Larder may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Lean Applica6m. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to bender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Leader's Interest in the Property sad reigns 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 forrehare, 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 wbatever is reasonable or appropriate to protest Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and seaming and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any an= 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, had have utilities turned on or off. Although Lender may take action trader this Stolen 9, Loader 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. 4k-tA1PA) proxy r.pa of to Form 3038 1107 1111011111111111 IN III 1111111111111 o0e37f71a247 0233 "4 POX$ BK 1979PG 1615 4979718247 Any amounts disbursed by lender under this Section 9 "1 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 t 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 tick 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 say 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 insurace coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loan reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in hull, and lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Leader can no longer require loss reserve payments if Mortgage Insurance coverage (m the amount and for the period that leader requires) provided by an insurer selected by Lender again becomes available, in obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If harder 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 hmnance in effect, or to provide a ran-refundable loss reserve. until Lender's requirement for Mortgage Insurance ends in accordance with any written agrcemau between Borrower and Lender providing for such nannination 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 (err any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in forte from time to time, and may ewer 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 patty (or parties) to these agreements. These agreements may require the mortgage insurer to mate 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, terrier, any purchaser of the Note, another insurer, any reinsarer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be c aracterind 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 dam 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 totmod 'captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other tarts of the Lven. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. wflia.: *UIPAI cocoa r.ar s n e e Form 3039 1/01 1111119111111 fIN1NIIII??IIY 8K i 979PG 616 geN7f93an47 0233 234 rents 4979718247 (b) Any such agreements will net affect the rights Borrower has - if any - with respect to the Mortgage Insuraace under the Homeowners Protection Ace of 1996 or any other low. Tbeie t4ods may Include do tight to receive certain disclosures, to request and obtain canodletiaa of the Mortgage Inaurasce, to have tie Mortgage Insurance terminated ardomadally, "or to receive a refund of any Mortgage Insurance premiums that were auarned at the time of such anuBaWu or Iermination. 11. Assignment of M wellaneous Proceeds; Forfeitms. 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 Lieoder's security is not lessened. During sock repair and restoration period. Lender shall have the right to hold such Miscellaneous Proceeds until Lender but had an opportunity to inspect such Property to ensure the wort has been completed to Lender's satisfaction, provided that such inspection shall be undettaten promptly. Iowa may pay for the repairs and restoration in a single disbursement or in s series of progress payments as the wort is completed. Unless an agreement is made in writing or Applicable Law requites interest to be paid on such Miscellaneous Proceeds, Larder shall not be requited to pay Borrower any interest or earnings on such Misceilaneous Proceeds. If the restoration or repair is not ewoomilanlly 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 even of a total taring, destruction, or loss in value or the Property, the Miscellaneous Proceeds shall be Wiled to the sums secured by this Security Instrument, whether or not than due, with the excess, if any, paid to Borrower. In the event of a patted taking, destruction, or loss in value of the Property in wbkb the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater then the aahoma of the sums secured by this Security Instrument imc ediately 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 ftwtion: (a) the total amount of the aunt secured imcnedistely before the partial taldng, 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 taidng, destruction, or loss in value of the Property in which the fair market value of the Property innmedkately before the partial taking, destruction, or loan in value is less thin the amount of the sums segued immediately before the partial taking, destruction, or loss in value, unions Borrower and Lender otherwise agree in writing, the Misxllaneous Proceeds shall be applied to the stuns 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 male an award to settle a claim for damages, Borrower faits to respond to Leader within 30 days after the date the notice is given, Lander is authorized to collect and apply the Miscellaneous Proceeds ether to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 'apposing Party' meats the third party that owes Borrower Miscellaneous Proceeds or the patty against whom Borrower has a right of action in regard to Wwella sous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by casing the action orrpproceeding to be w+n?" I'e ft"A) mosm PA. eo a rs Form 3038 1101 1111 MIN 11111111111111111111111 g9e979718247 a:)) 134 1116 4979718247 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Properly or other mammal impairment of Leader's interest in the Property or rights under thia SOcarity lastrumeat. The proceeds of any award or claim for damages that ate attributable to the impairment of Lender's interest in the property ate hereby assigned and shall be paid to Lender. All Misceuer eons proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrows' 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 my Successors in Interest of Borrower. Leader shall not be requited to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the rim secured by this Security Instrument by room of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lander in exercising any right or remedy including, without limitation. Lender's, acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several LlabBhty; Co-signer, Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who to-signs this Security Instrument but dots not execute the Note (a 'to-signer"): (a) is ter-signing this Security Instrument only to mortgage, gram 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 suns 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 tams of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security I strunent in writing, and b approved by lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shalt not be released from Borrower's obligations and liability ender this Security Instrument unless Loader agrees to such release in writing. The covenants at agreements of this Security Instrument shall bind (except as provided in section 20) and benefit the successors and assigns of Lender. 14. Ivan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights Under this Security Instrument, including. but not limited to, attorneys' fees, property inspection and valuation fns. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Las exceed the permitted limits, then: (a) any such loan charge shall be reduced by die amount necessary to reduce the charge to the permitted limit; and (b) any sums already collared from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refend by reducing the principal owed under mho Note or by making a direct payment to Borrower. If a refund reduces principal. the reduction will be treated as it 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. Nedloes. All notion 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 wr,ah+??___. 4%-GA(PA) ineza r.t. ++ a +a fern 3039 1101 11111111111111110111111111111 q*4*7MG14? 023) 124 121IA11111111111 BK 979PG 16 18 4979718247 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other macs. Notice to any one Borrower shall constitute notice to all Borrowers unload Applicable haw 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 species a procedure for reporting Bo ss change of address, then Borrower shall only report a change of address through that sped 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 Lander until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Goverdag Law; Severabli ty; Rules of Construction. This Security instrument ahail be governed by federal law and the law of the jurisdiction m which the Property is located. All rights and obligations contained in this Security Instrument are subject to any reWirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contras 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 an 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 lid include the plural and via versa; and (c) the word 'may' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be gives one copy of the Note and of this Security Instrument. It. 'transfer of the Property or a Beneficial Interest to Borrower. As used in this Section 18, 'Imetest in the Property' means any legit 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 contras or escrow agreement, the intent of which is the transfer of title by Borrower at a fumre date to a purchaser. If all or any pat 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 truaferred) without Lender's prior written consent. Lender may require immediate payment in roll of all aims secured by this Security Insnument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Low. If lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days tram the daic the notice is given in accordance with Section 15 within wbidt Borrower must pry all rums scoured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. hinder may invoke any remedies permined by this Security hutrument without further notice or demand on Borrower. 19. Borrower's Right to Reh state After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at my 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 hatrtment. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instroment and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or i -SAIPA I msob ?.w 12 W 14 Form 3038 1107 111101110111 111111111 BXI979PG1619 4474718247 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, Property inspection and valuation fen, and other fees itriwrred for the pear- of protecting LaIder's interest in the Property and rights under this Security htatnnmmt; and (d) takes sued action as Lender may reasonably require to assure that Lender's interest in the property and rights under this Security Instrument, and Borrower's obligation to pay the tarns secured by this Security Instrument. shall continue unchanged. Lender may require that Borrower pay such reinstataoent corm and expenses in one or more of the following forms, a! selected by Leader: (a) cash; (b) money order; (c) certified check, bank cheek, treasurer's check or cabler's check, provided any such check is drawn upon an institution whose deposits are insured by a kdetai agency, instrumentality or fixity; or (4)17ecrook Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligation secured hereby shall remain fully t:ff five as if no aceelention had occurred. However, this right to reinstate shall not apply in the case of acceleration wrier section 18. 20. Sale of Nose, Change of Leon Savica s Notice or Grlova ses. Tde Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more tines 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 Sorority hutnunem and performs other mortgage loan servicing obligations under the Note, this Security ]mtn/ment, and Applicable Law. There also might be one or more changes of the loan Servieer unrelated to a sale of the Note. If there is a change of the Loan Servieer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servx=. the address to which Paym9nts should be made and any other information RESPA requires in connection with a notice of transfer of servicing. if the Now is sold and thereafter the Loan is serviced by a Loan Servker otter than the purchases- of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Serviaer or be transferred to a successor Lam Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchser, Neither Borrower nor kinder may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that adsta from the other party's actions pursuant to this Security Instrument or that 311980 that the other patty has brew!" any Provisidm of, or any duty owed by reason of, this Security lnstmment, 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 broach 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 umst elapse before certain action can be takers, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to titre 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 provision of this section 20. 21. Hazardous Substance. As used in this Section 21; (a) 'Hazardous Substtnas' ate those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the foGowing substances: gasoline, kerosene, outer flammable or toxic petroleum prodacu, 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 TOM to health, safety or environmental protoaion; (c) 'FAviro memal Cleanup' includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an -Environmental Condition' muss a condition that can cause, contribute to, or otherwise trigger an FrMtomaeotal Cleanup. 4k-OA(PA) toso2) nee. 13.1 Is Fromm 3038 1#01 1111[I1II1 IM1NIIIINI[11 BK 1979PG 1620 17l719147 0233 134 1319 4979718247 Borrower shall not cause or permit the prose=, cue, disposal, rago or release of any Hazardous Borrower shall not do, Substances, or threaten to release any Hazardous Substances, on or to T- T tar allow aatyotte else to do, anything offee I the Property (a) that is in violation of any Ea bun mental Law, (b) which creates an Fnvimnmental Condition, or (c) which, due to the presence, use, or role= of a The pteoed?t? Hazardous Substance, creates a condition that adversely affects the value of the prof" two sentences shall not apply to the pnpemce, on, or storage on the Progeny 0 saoall gaamn' is o? Hazardous Substances that are ggeenneerally recognized to be appropriate to normal rexitiondal was and to maintenance of the Property (its ceding, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lander written notice of (a) any inveatipstion, claim, demand, lawsuit or other action by any governmental or resulatory eegeency or =p, tty involving the and any Hazardous Substance or Fnvironmernal Law of which has actual imowl a (b) any Eavironrnantal Condition, including but tat limited to, .. y spilling, leaking, discharge, talease or threat of minx 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 Fropcrty. If Bortower foams, or is notified by any governmental or regulatory sudrority, or any private party, that any removal or other reneadiation of any Hazardous Substance affecting the Property is aeoesssry, Borrows shall promptly talte all necessary remedial actionr in accordance with Enviie nmental Law. Nothing herein stall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In ibis Security Instrument (but not W to acceleration under Section 18 taaless Applicable Law provide otherwires. Leader : astity Borrower of, among otter things: (a) the default; (b) the action required to cane the defoult; (c) who the default must be cured; and (d) that railrre to cure tine dtdaolt as specified may rash he acceleration of the sums secured by this Security Instrument, foreclosure by Judichd preceeding sand safe of the Property. Lender shall farther Worm borrower of the right to refastate afire aexekratfon and the tight to assert in the forectosum proceeding the non-adstasce of a debult or any other defense of Borrower to acceleration and forediesu e. f the dehak is note n specitial Lander at its option may require immediate ppnaYment in toll or all ttanms secured by this Security ?rtwrent without famlher demand sad may foreclose this Severity Instrument by Juill" ?g Larder ehedl be entitled to coiled all expanses incurred in pursdag the remedies IM tW, Section 22, indudiog, but not limited to, attorneys' fees and costs o title evidence to the extent permitted by Applicable I.nw. 23. Release. Upon payment of all sums secured by this Security imtrumau, this Security Instrument and the estate conveyed shall terminate and become void. After such n , r irmace, tender shall discharge and satisfy this Security Instrument. Borrower shall pay say recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only, if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent yernsitted by Applicable Law. waivers and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or futurc laws providing for stay of execution, extension of time, exemption from attachment, levy and safe, and homestead exemption. 25. Relnatatement Period. Borrower's time to reinstate provided in Section 14 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 title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage fortddosure shall be the rate payable from time to time under the Note. 4- OVAIPMemm r.a•e+aie / rorm3039 1101 NI I??IIIMI IIINII I3b I I11n?i Ile sees,»atuw 0233 134 3436 eK 1 9 7 9 PG 162 1 w 4979718247 BY SIGNING BEIAW, Borrower accepts and agrees to the term and covenaota columned in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses; 12W (Seri) er rmo t •emtmeer _?lL (sew) Tonya A -Borrower (Sea) (Seat) •eoffewa -Bo,.o..« (Seal) (Seat) •Bormwer BDFMWa (Seal) (Seat) -Bormwer .BOrro+" tt-AlvAI imm 11110111111111 III I ? gIINl111 404971719297 0233 134 1529 P.e.19 d 19 Form 3038 1101 OK 1979PG 1622 4979718247 COMMONWEALTH OF PENNSYLVANIA, Cumberland COUNY as: On this, the 21st day of December. 2006 , before me, the undersigned officer, personally appeared Jeremy Armolt and Tonya Armolt, husband and wife known to Inc (of satisfactorily proven) to be the person(s) whose name(s) istate subsrn'bed to the within instrument and acimowledged that helshelthey executed the same for the purposes herein conuained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: i; pp•- Tide oroffimir ` W COIt11 l9l S lAL 1047 Certificate of Residence 1, r {I l ckw m1 1 , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this Ili day of W Qp f-6AIPA1oson 11111111111111R111111§1 404979711147 0233 134 1616 "'A wm Ase4i of MOWpe i DA--- Pap a of to Fwm 30" 1101 BK i 979PG 1623 EXHIBIT A - LEGAL DESCRIPTION Tax ID Number: 43-03-0085-010 Land situated In the Township of Upper Frankford In the County of Cumberland in the State of PA At that osrtaln property with the Improvements thereon erected located In the Township of Upper Frankford, Cumberland County, Ponneylvsnla, bounded described as follows: Beginning at stake,, thence along hands now or formerly of John P. Drswbsugh, North 72 degrees 30 minutes 00 seconds East, a distance of 008 feet to a stoke; thence by some, North 46 degrees 20 mingles 00 seconds EMI, a distance of 641.5 feet to a stake; thence Wong lands of Roy W. and Agnes E. Chronister, South 22 degrees 30 minutes 00 seconds East, a distance of 1336 feet to stones; thence Wong lands now or formerly of Kenneth it Martin, aohdh 1s degrees 39 minutes 00 seconds West, a distance of 278.5 foot to a post; too by ands now or formerly of John P. Drewbngh, South 73 degrees 44 mbndes 00 seconds West a distance of 96 feet to a stake; thence by some. North SO degrees 1s minutes 00 seconds a distance of 206.4 feet to a stake; thence by same, North 31 degrees 10 minutes 00 seconds West, a distance of 275.6 feet to a stake; thence by aaaa, South 59 degrees 55 minutes 00 seconds West, a durance of 357 feet to a stake; thence by sams South 65 degrees 09 minutes 00 seconds West, a d' Ianea of 1316 feet to a stoke; thence by some, South 54 degrees 10 minutes 00 seconds Wsat, a distance of 97.9 fast to a slake. Owes by same South 48 degrees 41 mirng - 00 seconds West, a distance of 1 OILS feet to a stake; thanes by same, South 53 degrees M minutes 00 seconds West, it distance of 1962 feet to a stake; thence by sane, North 23 degrees 49 minutes 00 seconds West, a distance of 5011 feet to a stake; thanes by some, North 17 dogmas 31 minutes 00 seconds East, a distance of 306.3 task thence by tarns, North 23 degrees 32 minutes 00 seconds Went, a distance of 323A test to a stake; thence by same, North 41 degrees 20 minutes 00 *wands West, a distance of 143.7 feet to a stake; thence by the owns, Note 3 degrees 35 minutes 00 seconds East, a distance of 28303 test to a stela, the piece of beginning. Commorty known as: 99 Pond Rd, NewviBs, PA 17241 I Certify this to be recorded in Cumberland County PA Recorder of Dceds BK 1979PG 1624 FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. C VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. § 4904 relating to unsworn falsifications to authorities, that he is John Nguyen Assistant Vice President , of Provident Funding Associates, L.P. plaintiff (TITLE) (COMPANY) herein, that he is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. July 20, 2009 Date (Signature) Armolt - 07628629 Q t. *rl$ 5D Pb `Tt`I Sheriffs Office of Cumberland County R Thomas Kline Sheriff OFFICE,'. TEE !;"ERIFF FIB.=i.? T(+Y Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor "CO AUG Ni"i wo: 32 Provident Funding Associates vs. Jeremy Armolt Case Number 2009-5360 SHERIFF'S RETURN OF SERVICE 08/04/2009 08:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 4, 2009 at 2025 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jeremy Armolt, by making known unto himself personally, defendant at 99 Pond Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. 08/04/2009 08:25 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 4, 2009 at 2025 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tonya Armolt, by making known unto Jeremy Armolt, Husband of defendant at 99 Pond Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $54.80 August 05, 2009 SO ANSWERS, r. -OOA 10 P Kmleceo!!2? R THOMAS KLINE, SHERIFF D uty S e ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDENT FUNDING ASSOCIATES, L.P., Plaintiff, NO.: 2009-5360 V. JEREMY ARMOLT and TONYA ARMOLT, Defendants. PRAECIPE FOR DEFAULT JUDGMENT (IN REM) I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 1235 N. Dutton Avenue, Suite E Santa Rosa, CA 95401 Patrick Thomas Woodman, Esquire PA I.D. NO. 34507 AND THE DEFENDANT IS: 99 Pond Road Newville, PA 17241 WELTMAN, WEINBERG & REIS CO., L.P.A. ATTORNEYS FOR PLAINTIFF Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 W W R#07628629 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDENT FUNDING ASSOCIATES, L.P., Plaintiff, V. JEREMY ARMOLT and TONYA ARMOLT, Defendants. NO.: 2009-5360 PRAECIPE FOR DEFAULT JUDGMENT (IN REM) TO THE PROTHONOTARY: Kindly enter Judgment against the Defendants above named, in the default of an Answer, in the amount of $171,090.98 computed as follows: Principal Interest thru 9/10/09 at the legal interest rate of $; Late Charge thru 9/10/09 Execution Costs thru 9/10/09 Attorneys' Fees thru 9/10/09 Title Search thru 9/10/09 $ 163,126.97 $ 6,231.16 ?7.93 per diem $ 257.85 $ 0.00 $ 1,300.00 $ 175.00 TOTAL $ 171, 090.98 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Patrick Thomas Woodman, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 4367 th Avenue Pittsburgh, PA 15219 (412) 434-7955 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940. The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. By: vteswv%? Patrick Thomas Woodman, Esquire Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDENT FUNDING ASSOCIATES, L.P., Plaintiff, V. JEREMY ARMOLT and TONYA ARMOLT, Defendants. TO: Jeremy Armolt 99 Pond Road Newville, PA 17241 Date of Notice: August 26, 2009 NO.: 2009-5360 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: 74i F. Patrick Thomas Woodman, Esquire Weltman, Weinberg & Reis co. L.P.A. 1400 Koppers Building 4367 th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07628629 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDENT FUNDING ASSOCIATES, L.P., Plaintiff, V. NO.: 2009-5360 JEREMY ARMOLT and TONYA ARMOLT, Defendants. IMPORTANT NOTICE TO: Tonya Armolt 99 Pond Road Newville, PA 17241 Date of Notice: August 26, 2009 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Patrick Thomas Woodman, Esquire Weltman, Weinberg & Reis co. L.P.A. 1400 Koppers Building 4367 th Avenue Pittsburgh, PA 15219 (412) 434-7955 WW R#07628629 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. QF THE. .' " MMY 2009 SE P 16 PH 1: 23 r F ; jt irr'.y'1I? 414. oo P Q AT`t`j &-o 89 ),7 N74 azo(0y9 ?oftC?e. ?Ou?acl SI~ERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr Provident Funding Associates vs. Jeremy Armolt (et al.) Case Number 2009-5360 SHERIFF'S RETURN OF SERVICE 01/05/2010 06:15 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2010 at 1810 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jeremy &Tonya Armolt, located at, 99 Pond Road, Newville, Cumberland County, Pennsylvania according to law. 01/05/2010 06:15 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on January 5, 2010 at 1810 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jeremy Armolt, by making known unto, Jeremy Armolt, personally, at, 99 Pond Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 01/05/2010 06:15 PM -Timothy Black, Deputy Sheriff, who being duly swom according to law, states that on January 5, 2010 at 1810 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Tonya Armolt, by making known unto, Jeremy Armolt, husband of defendant, at, 99 Pond Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/01/2010 Property sale postponed to 6/2/2010. 05/21/2010 Property sale postponed to 7/7/2010. 07/01/2010 Ronny R. Anderson, Sheriff, who being duly swom according to law, states that this writ is returned STAYED, per letter of instruction from Attorney on 7/1/10 SHERIFF COST: $1,060.72 SO ANSWERS, ."" July 01, 2010 RON ~ R ANDERSON, SHERIFF ~~ ~ 7~ ~~3 _;',__-_ _ ~,v ~- Vfltc~i~ at ~.:fin~,~ljiir ., b °,~ ~ ;~. ti ,,~ ,. r~i._. ;c~ GouniySuite Sheriff. Teiec=oft, Irc. y~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDENT FUNDING ASSOCIATES, L.P.. Plaintiff, NO.: 2009-5360 v. JEREMY ARMOLT and TONYA ARMOLT, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Provident Funding Associates, L.P., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Jeremy Armolt and Tonya Armolt, located at 99 Pond Road, Newville, PA 17241 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JEREMY ARMOLT AND TONYA ARMOLT OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF UPPER FRANKFORD, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 99 POND ROAD, NEWVILLE, PA 17241. DEED BOOK VOLUME 275, PAGE 4066, PARCEL NUMBER 43-03-0065- 016. 1, 1. The name and address of the owners or reputed owners: Jeremy Armolt and Tonya Armolt 2. The name and address of the Defendants in the judgment: Jeremy Armolt and Tonya Armolt 99 Pond Road Newville, PA 17241 99 Pond Road Newville, PA 17241 99 Pond Road Newville, PA 17241 99 Pond Road Newville, PA 17241 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Provident Funding Associates, L.P. (Plaintiff) 4. The name and address of the last record holder of every mortgage of record: Provident Funding Associates, L.P. (Plaintiff) 5. The name and address of every other person who has any record lien on the property: NONE 6. The name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: NONE 7. The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which maybe affected by the sale: Tax Claim Bureau Inheritance Tax Bureau One Courthouse Square Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDENT FUNDING ASSOCIATES, L.P., Plaintiff, NO.: 2009-5360 v. JEREMY ARMOLT and TONYA ARMOLT, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Jeremy Armolt Tonya Armolt 99 Pond Road Newville, PA 17241 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the 2°a Floor Cumberland County Courthouse Commissioners Hearing Room Carlisle, PA on March 3, 2010 at 10:00 A.M. Eastern Standard Time, the following described real estate, of which Jeremy Armolt and Tonya Armolt are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JEREMY ARMOLT AND TONYA ARMOLT OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF UPPER FRANKFORD, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 99 POND ROAD, NEWVILLE, PA 17241. DEED BOOK VOLUME 275, PAGE 4066, PARCEL NUMBER 43-03-0065- 016. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Provident Funding Associates, L.P., Plaintiff, vs Jeremy Armolt and Tonya Armolt, Defendants. at Execution Number 2009-5360 in the amount of ~ 176,208.65, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 You may have legal rights to prevent the Sheriff s Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriffs Sale by filing, before the sale occurs, a petition to open or strike the judgment or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriff's Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriffs Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET ASIDE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRIBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & REIS, CO., L.P.A. (~.CIIM.et-4 (JVoo'~xa.o..--- Patrick Thomas Woodman, Esquire Attorneys for Plaintiff 1400 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-5360 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due PROVIDENT FUNDING ASSOCIATES, L.P., Plaintiff (s) From JEREMY ARMOLT and TONYA ARMOLT (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $171,090.98 L.L. $.50 Interest at the rate of $27.93 per diem from 9/10/09 to 3/3/10 -- $4,859.82 Atty's Comm % Due Prothy $2.00 Atty Paid $173.80 Plaintiff Paid Date: 11/2/09 (Seal) Other Costs By: REQUESTING PARTY: Name: PATRICK THOMAS WOODMAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO, LPA 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-338-7106 Supreme Court ID No. 34507 Deputy On December 18, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Upper Franlcford Township, Cumberland County, PA, Known and numbered, 99 Pond Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 18, 2009 By: ,' ~~. Real Estate Coordinator ` I ate, v ~~ ~~ ..,,. ~~~ ~,< PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 22, January 29, and Febru 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie oyne, itor SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 .., '? , ,.~~ ~ r , ~~ Notary No ~~,Ri~,L s~,ni. .~ DrRGRAii A COLLINS Nolcry Pudic CARLIS!_E BORO, CUME?cRl~`.t~iD COUNN My Commission Expires Apr 28, 2010 Writ No. 2009-5360 Civil Provident Funding Associates vs. Jeremy Armolt Tonya Armolt Atty: Patrick Woodman LAND situated in the Township of Upper Frankford in the County of Cumberland in the State of PA. ALL THAT CERTAIN property with the improvements thereon erected located in the Township of Upper Frankford, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at stake; thence along lands now or formerly of John P. Drawbaugh, North 72 degrees 30 minutes 00 seconds East, adistance - of 506 feet to a stake; thence by same, North 46 degrees 20 minutes 00 sec- onds East, a distance of 641.5 feet to a stake; thence along lands of Roy W. and Agnes E. Chronister, South 22 degrees 30 minutes 00 seconds East, a distance of 1336 feet to stones; thence along lands now or formerly Kenneth R. Maztin, South 18 degrees 39 minutes 00 seconds West, a dis- tance of 278.5 feet to a post; thence by lands now or formerly of John P. Drawbaugh, South 73 degrees 44 minutes 00 seconds West, a distance of 96 feet to a stake; thence by same, North 59 degrees 16 minutes 00 seconds a distance of 206.4 feet to a stake; thence by same, North 31 degrees 10 minutes 00 seconds West, a distance of 275.6 feet to a stake; thence by same, South 59 degrees 55 minutes 00 seconds West, a distance of 357 feet to a stake; thence by same South 65 degrees 09 minutes 00 sec- onds West, a distance of 139.6 feet to a stake; thence by same, South 54 degrees 10 minutes 00 seconds West, a distance of 97.9 feet to a stake; thence by same South 48 degrees 41 minutes 00 seconds West, a distance of 186.5 feet to a stake; thence by same, South 53 degrees 58 minutes 00 seconds West, a distance of 196.2 feet to a stake; thence by same, North 23 degrees 49 minutes 00 seconds West, a distance of 58.2 feet to a stake; thence by same, North 17 degrees 31 minutes 00 seconds East, a distance of 308.3 feet; thence by same, North 23 degrees 32 minutes 00 seconds West, a distance of 323.4 feet to a stake; thence by same, North 41 degrees 20 minutes 00 seconds West, a distance of 143.7 feet to a stake; thence by the same, North 3 degrees 35 minutes 00 seconds East, a distance of 283.03 feet to a stake, the place of beginning. COMMONLY known as: 99 Pond Rd., Newville, PA 17241. SUBJECT to any restrictions, con- ditions, covenants, rights, rights of way, and easements now or record. BEING the same premises which Jeremy Armolt, a married man, by Quit Claim Deed dated July 15, 2006, and recorded July 25, 2006, in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 275, Page 4066, granted and conveyed unto Jeremy Armolt and Tonya Armolt, husband and wife, in fee. Pazcel No. 43-03-0065-016. PROPERTY ADDRESS: 99 Pond Road, Newville, PA 17241. ,.,The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c~he patriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/22/10 ~, ~l ,' Sworn to,afi subscribed before me this 24~day of February, 2010 A.D. ~ ; ~' ~ t ~. `~ t, _--- Notary Public ~l%ft/lr.~-ll~ COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Sheme L. YCisner, Notary Public Oily OF Narristwrc~; Dauphin County 1 My Commission Expires Nov. 26, 2011 01!29/10 02/05/10 Member, Pennsylvanva Association of Notarier• Docket Numt~sr: 2UO6~83aO Civtl Tert4t Provident Funding Aasocfales vs. Jeremy Armolt Ttynya Armoit Arty: Patrick Woodman LAND situated in the Township of Upper Frankford in the County of Cumbetlapd ip ~e StAte of PA. AEL '#'#~AT Cf~ w)m ~ theteop nnaclea Inalnd 1 i4. ~ ~ sf ~ d8scn'6ed as follows: BEGINNING at stake; thence along lands rww or formerly of John P. Drawbaugh, North 72 degrees 30 minutes 00 seconds East, a distance of 506 feet to a stake; thence by same, North 46 degrees 20 minutes 00 seconds East, a distance of 641.5 feet to a stake; thence along lands of Roy W. and Agnes E. Chronister, South 22• degrees 30 minutes 00 seconds East, a distance of 1336 feet ro stones; thence along lands now or formerly Kenneth R. Martin, South 18 degrees 39 minutes 00 seconds West, a distance of 278.5 feet. to a post thence by ]ands now or for~tetly of John P. Drawbangh, South 73 degrees 44 minutes OD sewnds West, a distance of 96 feet to a stake; thence by same, North 59 degrees 16 minutes 00 seconds a distance of 206.4 feet to a stake; thence by same, North 31 degrees f 0 minutes 00 seconds West, a distance of 275.6 feet to a stake; thence by same, South 59 degrees 55 minutes 00 seconds West, a distance of 357 feet ro a stake; thence by same South 65 degrees 09 minutes 00 seconds West, a distance of 139.6 feet to a stake; thence by same, South 54 degrees 10 minutes QO seconds West, a distance of 97,9 feet ro a stake; thence by same South 48 degrees 41 minutes 00 seconds West, a distance-of 18b.5 feet to a stake; thence by same, South 53 begrees 58 minutes Ofl seconds West, a distance of 196.2 feet to a stake;. tbcnce by same, North 23 degrees 49 minutes 00 seconds West, a distance of 58.2 feet to a stake; thence by same, North 17 degrees 31 minutes 00 seconds East, a distance of 308,3 feet; thence by same, North 23 degrees 32 minutes 00 sewnds West, a distance of 323.4 feet to a stake; thence by same, North 43~ degrees 20 minutes 00 seconds West, a distance of 143.7 feet to a stake; thence by the same, North 3 degrees 35 minutes 00 seconds East, a distance of 253.03 feet to a stake; the place of beginning, COMMONLY known as: 99 Pond Rd., Newville, PA 17241.SUBJECT to any restrictions, conditions, covenants, rights, rights of way, and easements now or record BEING the same premises which Jeremy Armolt, a married man, by Quit Claim Deed dated July 15, 2006, and recorded July 25, 2006, in the Office of the Recorder of Deeds in and for the County of Cumberland in Deed Book 275, Page 4066, granted and conveyed umo Ieremy Armolt and Tonya Amro14 husband and wife, in fee. Parcel No. 43-03-0065-016 ...- PROPERTY ADDRESS: 99 Pond Road, Newville, PA 17241 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDENT FUNDING ASSOCIATES, L. P.., N _ , r-, ~, T= Plaintiff, NO.: 2009-5360 ~ `~"" '~ v. ~C+`' ~'` . _. --` 1, .. .. JEREMY ARMOLT and - _, __ -. TONYA ARMOLT, ~- ~. , ~? - ..~ ~ =" Defendants. JUDGMENT PRAECIPE TO STRIKE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Patrick Thomas Woodman, Esquire Weltman, Weinberg & Reis 1400 Koppers Building, 436 7tn Avenue Pittsburgh, PA 15219 (412) 434-7955 PA I D #:34507 WWR# 07628629 ~C/. ~~-Od ~~f uro~iyt~~ g~~~~1~ JZII~#~- d cf~'~~(~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PROVIDENT FUNDING ASSOCIATES, L.P., Plaintiff, NO.: 2009-5360 v. JEREMY ARMOLT and TONYA ARMOLT, Defendants. PRAECIPE TO STRIKE JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to strike the judgment on the above referenced case number. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ~a-bG,~.- ~ l,~ba-~ Patrick Thomas Woodman, Esquire Weltman, Weinberg & Reis 1400 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 PA ID #:34507 Sworn to and subscribed before me his-day of , 2010 :/~ ~~~-- NOTARY PUBLIC coMMONw~Tr+ of ~NNmva~~- NoteAal seal Shells G. Ewan, Notary Publk Ross'iWp., Allaghany County My Commagon Irae Nov. i5, 2010 Member. Penn"' fl 9 of Notaries