HomeMy WebLinkAbout09-6652#09-0231
POWERS, KIRN & JAVARDIAN, LLC
By: Gregory Javardian
Attorney Id # 55669
1310 Industrial Boulevard, Suite 101
Southampton, PA 18966
Telephone: 215-942-2090
Attorneys for Plaintiff
U.S. BANK, NA
4801 FREDERICA STREET
OWENSBORO, KY 42301
PLAINTIFF
VS.
PATRICK K MYERS
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
518 KATRINA COURT
MECHANICSBURG, PA 17050
DEFENDANTS
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
I.J
L C,
No. O q - Z0I 5A?,- OL
COMPLAINT IN
MORTGAGE FORECLOSURE
NOTICE TO DEFEND
Pursuant to PA RCP No. 1018.1
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 further notice for any money claimed in the complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
800-990-9108
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE
ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq.
(1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY
PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30)
DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN
AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF;
OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF
REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL
FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30)
DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO
COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER
TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS,
YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST
WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF
THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE
ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR
EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL
WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN
ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
#09-0231
POWERS, KIRN & JAVARDIAN, LLC
By: Gregory Javardian
Attorney Id # 55669
1310 Industrial Boulevard, Suite 101
Southampton, PA 18966
Telephone: 215-942-2090\
U.S. BANK, NA
4801 FREDERICA STREET
OWENSBORO, KY 42301
PLAINTIFF
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
VS.
PATRICK K MYERS
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
518 KATRINA COURT
MECHANICSBURG, PA 17050
DEFENDANTS
No. 0 9 - G SaZ l ?L!/s-C ?r?..?
COMPLAINT IN
MORTGAGE FORECLOSURE
CIVIL ACTION MORTGAGE FORECLOSURE
1. U.S. Bank, NA (hereinafter referred to as "Plaintiff') is an Institution conducting
business under the Laws of the Commonwealth of Pennsylvania with a principal place of
business at the address indicated in the caption hereof.
2. Patrick K Myers and Loraine K. Myers a/k/a Loraine Kline Myers, (hereinafter referred to
as Defendants) are adult individuals residing at the address indicated in the caption
hereof.
3. Plaintiff brings this action to foreclose on the Mortgage between Patrick K. Myers and
Loraine K. Myers a/k/a Loraine Kline Myers and itself as Mortgagee by Assignment.
The Mortgage dated July 20, 2005, was recorded on August 3, 2005 in the Office of the
Recorder of Deeds in Cumberland County in Mortgage Book 1917, Page 2031. A copy
of the Mortgage is attached hereto as Exhibit'A'. Plaintiff is now the legal owner of the
Mortgage and in the process of formalizing an Assignment of same.
4. The Mortgage secures the indebtedness of a Note executed by Patrick K. Myers and
Loraine K. Myers a/k/a Loraine Kline Myers on July 20, 2005 in the original principal
amount of $281,600.00 payable to Plaintiff in monthly installments with an interest rate
of 5.5%. A copy of the Note is attached and made a part hereof as Exhibit'B'.
5. The land subject to the mortgage is 518 Katrina Court, Mechanicsburg, PA 17050. A
copy of the Legal Description is attached as part of the Mortgage as Exhibit 'A' and
incorporated herein.
6. Patrick K. Myers and Loraine K. Myers a/k/a Loraine Kline Myers are the Record Owners
of the mortgaged property located at 518 Katrina Court, Mechanicsburg, PA 17050.
7. The Mortgage is now in default due to the failure of Defendants to make payments as
they become due and owing. As a result of the default, the following amounts are due:
Principal Balance $267,268.74
Interest to 09/01/2009 $6,326.27
Accumulated Late Charges $1,039.35
Other Fees Due $257.00
Cost of Suit and Title Search $550.00
Attorney's Fees $1,300.00
Suspense Balance ($84.68)
TOTAL $276,656.68
plus interest from 09/02/2009 at $40.27 per day, costs of suit and attorney's fees.
8. 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 purchase at Sheriff s
sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged.
9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting
mortgagor with Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403 and
Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S.
Section 1680.403c.
10. Plaintiff sent the uniform Act 6 and Act 91 Notice as promulgated by the Pennsylvania
Housing Finance Agency to the Defendants by regular and certified mail on
July 24, 2009. A copy of the Notice is attached and made a part hereof as Exhibit'C' .
WHEREFORE, Plaintiff requests the Court enter judgment in Mortgage Foreclosure for the sale
of the mortgaged property in Plaintiffs favor and against the Defendants, in the sum of
$276,656.68 together with the interest from 09/02/2009 at $40.27 per day, costs of suit and
attorney's fees.
POWERS, KIRN & JAVARDIAN, LLC
Greg0v
Attorney WIo. 55669
Attorney Ur Plaintiff
EXHIBIT `A'
t", -fit t v n TZ
`?? t HERITAGE LAND TRANSFER
1576 McDaniel Drive
L West Chester, PA 19380
610-429-9200
? L 1 '3Cl 43
Prepared By: JESSICA STEELY
.mot ...? ..; ._?. .,
2005 FUG 3 Aft 11 32
Return To: AMERICAN HOME BANK, N.A.
3840 HEMPLAND ROAD
MOUNTVILLE, PA 17554
Parcel Number: 10-18-1316-088 Premises: 518 KATRINA COURT
MECHANICSBURG, PA 17050
[Space Above This Line For Reeordiag Datal
MORTGAGE
MIN 100325200001275140
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated JULY 20 , 2005 ,
together with all Riders to this document.
(B) 'Borrower" is PATRICK K MYERS, and LORAINE KLINE MYERS, Husband and Wife
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is
acting solely as a nominee for. Lender and Lender's successors and assigns. MFRS is the mortgagee
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS.
PENNSYLVANIA - Single Family - Fannie MaefFreddie Mac UNIFORM INSTRUMENT WITH MERS Form 3038 1101
dft-(SAIPA) (0602)
"It
Page 1 of 18 Initial I VMP Mortgage Solutions, Inc. 180015 21-7291 !/i'?YL 1454(06/28/2005) LOAN ID: 0000127514
BK1917PG203I
(D) "Lender" is AMERICAN HOME BANK, N.A.
Lenderisa NATIONAL ASSOCIATION
organized and existing under the laws of UNITED STATES OF AMERICA
Lender's address is 3840 HEMPLAND ROAD
MOUNTVILLE, PA 17554
(E) "Note" means the promissory note signed by Borrower and dated JULY 20 , 2005
The Note states that Borrower owes Lender
TWO HUNDRED EIGHTY-ONE THOUSAND SIX HUNDRED AND N01100 Dollars
(U.S. $ 281, 600.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later thanAUGUST 01, 2035
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
0 Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider
0 Balloon Rider 0 Planned Unit Development Ride 1-4 Family Rider
0 VA Rider 0 Biweekly Payment Rider 0 Other(s) [specify]
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are unposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automatedteller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentationsof, or omissions as to, the
value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
6AIpA1 405021 Page z of to
- Form 3039 1/01
M549 (06/28/2005) LOAN ID: 0000127514
8K 19 1 7PG2032
(P) "RESPA" means the Real Estate Settlement ProceduresAct (12 U.S.C. Section 2601 et seq.) and its
implementing reflation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or: regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirementsand restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the 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 Instrumentsecures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrumentand the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MERS, the following described property located in the COUNTY [Type of Recording Jurisdiction]
of CUMBERLAND [Name of Recording Jurisdiction]:
SEE ATTACHED LEGAL DESCRIPTION
which currently has the address of
518 KATRINA COURT [Street]
MECHANICSBURG [City], Pennsylvania 17050 [Zip Code]
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title
to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any
or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including, but not limited to, releasing and canceling this Security
Instrument.
??
Ck-"PA) t05021 Page 3 of 16 Form 3039 1101
M550 (06/28/2005) LOAN ID: 0000127514
BK 1917PG2033
BORROWERCOVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrancesof record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORMCOVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrumentis returnedto Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designatedby Lender in accordancewith the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunderor prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrowermakes payment to bring
the Loan current. If Borrower does not do so within a reasonableperiod of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrumentor performing the covenants and agreementssecured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment
1M.1z:
-SA(PA) 106021 Page 4 01 18 Form 3039 1/01
M551 (05/28/2005) LOAN ID: 0000127514
BK1917PG2034
can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of
one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary
prepayments shall be applied first to any prepayment charges and then as descnbed in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for; (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbranceon the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreementcontained in this Security Instrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount(a) sufficient to permit Lenderto apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreementis made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
Initials: ftk"q
4-SAiPA) (05021 Page 5 of 16 Form 3039 1/01
U552 (06/28/2005) LOAN ID: 0000127514
BK 19 1 7PG2435
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordancewith RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordancewith RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and CommunityAssociation Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shag pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation securedby the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcementof the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreementsatisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determinesthat any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
Gen. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakesand floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
Initial:: §0e V10 4D-6A(PA) (0502) Nge 6 of 16 Form 3039 1/01
14553 (06/28/2005) LOAN ID: 0000127514
BK 1917PG2036
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower securedby this Security Instrument. These amountsshall 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 name Lender as
mortgagee and/oral an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restorationin a single payment or in a series
of progress payments as the work is completed. Unless an agreementis made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
CVAIPA) 105021
14554 (06/28/2005)
Initlalc: /Y '
Pages 7 01 7 8 Form 3039 1101
LOAN ID: 0000127514
BK 1917PG2037
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control. Inspections. Borrower shall not
7. Preservation, Maintenance and Protection of the Property;
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restorationin a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnationproceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statementsto Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreementscontained 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 condemnationor forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatevex is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/orrepairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protectis interest in the Property and/orrights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
?MNa?c: i,?G1* 1
®t-6AIPA) +0502) Page a of f5 Form 3039 1101
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OK1917PG2038
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insuranceas a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiumsfor Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirementfor Mortgage Insurance ends in accordancewith any written agreementbetween Borrower and
Lender providing for such termination or until terminationis requiredby Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreementswith other parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreementsmay require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterizedas) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
Wtialz: _
Ct-6AWA) iowzl Pape 9 of i s Form 3039 1101
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(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
-During such repair and restorationpenod, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertakenpromptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreementis made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking- destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums securedby this Security Instrument, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borr ower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
hlftlal`t -- VI
4D-6A(PA) 105021 P.Q. 10 of is Form 3039 1101
M557 (06/28/2005) LOAN ID: 0000127514
BK1917PG2040
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributableto the impairmentof Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortizationof the sums secured by this Security Instrumentgrantedby Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be rewired to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortizationof the sums securedby this Security Instrumentby reason of any demandmadeby the original
Borrower or any Successors in Interest of Borrower. Any forbearanceby Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amountsless than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrumentonly to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without. the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrumentto 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 interpretedso
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permittedlimit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security II trumentshall be deemedto
-aAIPA! 1os021 Peg. 11 of 16 Form 3039 1/01
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have been given to Borrower when mailed by fast class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure.
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 fast 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 deemedto have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. ' Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreementby contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferredin a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interestin the Property is sold or transferred(or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrumentand the Note as if no accelerationhad occurred; (b) cures any default of any other covenants or
.6; e
®-EWPM 105021
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agreements; (c) pays all expenses incurred in enforcing this Security instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatementsums and
expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatementby Borrower, this Security Instrumentand obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelatedto a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other- information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thercafterthe Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrumentor that alleges that the other party has breachedany provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirementsof Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
Initials:
4-6AIPA) (05021 Pa" 13 of 16 Form 3039 1101
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BK 19 17PG2043
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threatento release any HazardousSubstances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the ProQ?rty (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or tc) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of, the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products):
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party mvolving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge,) any
EnvironmentalCondition, including but not limited to, any spilling, leaking, discharge, release or eatof
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any ggovernmental or regulatory authority, or any private party, that any removal or other remediation
of any HazardousSubstance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORMCOVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding nod
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and foreclosure. If the default Is not cured as specified, Lender at
its option may require immediate payment in full of all sums secured by this Security Instrument
without further demand and may foreclose this Security instrument by judicial proceeding. Lender
shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,
including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by
Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument. Borrower shall pay an recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services
rendered and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale,
and homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencementof 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 foreclosure shall be the rate payable from time to time
under the Note.
Initials: - ' '
9M-WPA) 105021 Page to or i8 Form 3039 1101
M561 (06/28/2005) LOAN ID: 0000127514
8K1917PG2044
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
(Seal)
iorrower
(Seal)
LO INE KLINE KYE S -Borrower
CVAMA) 105021
4M5S62 (06/28/2005)
(Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
_ (Seal)
-Borrower
Page 15 of 16 Form 3038 1101
LOAN ID: 0000127514
BK1917PG2045
COMMONWEALTH OF PENNSYLVANIA,
On this, the Z/ day of
undersigned officer, personally appeared
d,1;1 t`
County ss:
, before me, the
known to me (or
satisfactorily proven) to be the person(s) whose mute(s) is/are subscribed to the within instrument and
acknowledged that he/she/they executed the same for the purposes herein contained.
IN WITNESS WHEREOF,I hereuntoset my hand and official seal.
My Commission Expires:
NOTARIAL SEAL
BRIAN J. HAINES. NOTARY PUBLIC
NEWTOWN TWP., COUNTY OF DELAWARE
MY COMMISSION EXPIRES OCTOBER 8, 2005
Title of Officer
Certificate of Residence
I ?i^i ?- hf wi n?5 , 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 20th
day of JULY 2005
Agent of Mortgagee
Ct-BA(PA) (oeoz)
14563 (06/28/2005)
Initials: _)
Pay. 16 of 16 Form 3039 1101
LOAN ID: 0000127514
BK1917PG2046
ALTA Commitment 1982 Schedule A
STEWART TITLE GUARANTY COMPANY
SCHEDULE A
FileNo.: HL13943
ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of
Cumberland, Common of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Katrina Court at the dividing line between Lots 9 & 10 as
shown on the hereinafter mentioned plan of lots; thence along the northern line of Katrina Court by a
curve to the left having a radius of 100.0 feet, an are distance of 57.28 feet to a point at the dividing line
between Lots 10 & 11; thence along the dividing line between Lots 10 & 11, north 28 degrees 28 minutes
14 seconds west, a distance of 120.09 feet to a point on the south eastern line of the other lands of Sleepy
Hollow P.R.D.; thence along the last mentioned line, north 51 degrees 35 minutes 55 seconds east, a
distance of 161.84 feet to a point at the southwestern line of Pedestrian/Bikeway, thence along the
southwestern line of said Pedestrian/Bikeway, south 35 degrees 34 minutes 00 seconds east a distance of
40.00 feet to a point at the dividing line between Lots 9 & 10; thence along the dividing line between
Lots 9 & 10, south 12 degrees 45 minutes 40 seconds west, a distance of 168.20 feet to a point on the
northern line of Katrina Court, said point being the place of BEGINNING.
BEING all of Lot #10 as shown on the final subdivision plan of Sleepy Hollow P.R.D. Phase 1, recorded .
in Plan Book 55 page 44.
CONTAINING 0.398 acres.
THEREUPON erected a two-story brick and vinyl sided dwelling known as 518 Katrina Court, Mechanicsburg,
PA 17055.
UNDER AND SUBJECT to existing mortgages of record.
BEING TAX PARCEL # 10-18-1316-088.
TITLE TO PREMISES IS VESTED IN Patrick K. Myers and Loraine Kline Myers, husband and wife, as
tenants by the entireties, by Deed dated 7/17/2002 recorded in Cumberland County on 7/19/2002 in Deed
Book 252 age 3787.
-tiiFy this t0 ?e
niberlartd Cc)t'llty PA
. '0;V "t
STEWART TITLE
` GUARANTY COMPANY
ro
P`cccrdc
Schedule A of this Commitment consists of 3 page(s)
BK 19 1 7PG2047
EXHIBIT `B'
MIN#: 100325200001275140
NOTE
[Dace] JULY 20, 2005 (C, WEST CHESTER (State] P(city) (erorrty Addr=l
518 KATRINA COURT , MECWICSBURG, PA 17050
1. BORRO'WER'S PROMISE TO PAY
In retmmfor a loan than have received, I promiseto pay U.S. $ 281, 600.00 (this amount is called "Principal'),
plus interest, to the order of the Lender. The Lender isAMERICAN HOME BANK, N.A.
I will make all payments under this Note in the form of cash, check or money order.
I understandthat 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 at a arty
Interestv,M be charged on unpaid principal until the fall amountof Principal has been paid. I will pay ye
rate of 5.500 %.
The interestrate requiredby 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) Prune and Place of Payments
I will pay principal and interestby making a payment every month-
I will make my monthly payment on the 1st day of each month beginning on SEPTEMBER 01, 2005 . I will
make these payments every month until I have paid all of the. principal and interest and any other charges described below that I inter may owe under this ote.AUGU T0 monthly payment w81'betilapplied as of its l owe amounts under this Note, datewand will be
pay those amounts in fulln
before Pnncrp If,
that date, which is called the "Maturity Date."
I willmakemy monthly payments at 3840 HEMPLAND ROAD
MOUNTVILLE, PA 17554 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments 1,598.90
My monthly paymentwill be in the amount of U.S. $
4. BORROWER'S RIGHT TO PREPAY known as a
I have the right to make payments of Principal at any time before they are due. A paymeat of Principal only is
"Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I air 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 Prepaymentor partial Prepaymentswithout paying a Prepaymeatcharge. The NoteHOldawill 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, th,erewr'll 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 FarnlY+-3nh1E MaelFreMdie Mac UNIFORM INSTRUINENT ({ m ?n{{
®®1 VMP MORTGAGE FORMS • =11SZ 7
V0023
Page 1 of 3 ,i"_
LOAN ID: 0000127514
5. LOAN CHARGES is rote retedso that the interest or other
If & law, which applies to this loan and which sets maximumloaa charges, fiaallY such loan charge
loan charges collected or to be collected in connectionwith this loan exceed the permittedlimits, then: (a) any
shall be reducedby the amount necessary to reduce the charge to the permittedlimnit; and (b) any sums already collected from the
me which exceeded permittedlimits will be refunded to me. The Note Holder may. choose to make refund uci Ceti
Principal I owe under this Note or by malting a direct payment to me. If a refund reduces principal,
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 15 (f i f teen) O calendar (la% ys
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be
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 amountof each monthly payment ou 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 amountby a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all
the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will ?}e he right to
be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibitedby app 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 PropertyAddress 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 Sectioa 3(A) above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the full amountowed. Any personwho is a guarantor, surety or endorserof 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 Presentmentand Notice of Dishonor.
'Presentment" means the right to require the Note Holder to demandpayment 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.
-5N tooosf.o+
Von
Form 3 1 f r
Pago 2 of 3 l 1I-1 ?( u
LOAN ID: 000 12 514
io. UNIFORM SECURED NOTE
This Note is a uniform instrumentwith 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', datedthe 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 Instramentdescribes how and under what conditions I maybe required to make immediatepayAment 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 Interestin the Property is sold or transferred(or if Borrower is
not a natural person and a beneficial interestin Borrower is sold or transferred)without Lender's prior written
consent, Lender may require immediate payment in fali 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 invokc any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
HAND (S) AND SEAL(S) OF THE UNDERSIGNED.
1}
, 00e
seal
;_PkT_P_R_T1C_K K S -Borrower TARAINE KI.INE MYERS -Borrower
(Seal)
-Borrower
-(Seal)
-Borrower
PAY TO THE ORHER OF
UJ% BANK, N.A.
WrMOUT RECD F
AMERICAN HOAWBAN ICA.
NATALE, ASP
-(Seal)
-Borrower
- (Seal)
-Borrower
-Borrower
(Seal)
-Borrower
[Sign Original only]
? -SN [00051.01 Page 3 of 3 Form 3200 1101
IRAN ID: 0000127514
EXHIBIT "C'
(Rev. 9/2008)
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: July 24, 2009
PATRICK K. MYERS LORAINE KLINE MYERS
518 KATRINA COURT 518 KATRINA COURT
MECHANICSBURG, PA 17050 MECHANICSBURG, PA 17050
This is an official notice that the mortgage on our home is in default and the lender intends to foreclose.
Specific information about the nature of the default is provided in the attached pages.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
T WITH A CONSUMER UK Oll uuuiv?or-Liny Hunn%% t vviinii? LA 1 V Vi 1AA1
THIS NOTICE Take this Notice with you when you meet with the Counseling Agency.
The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed
at the end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency
toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869).
This notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO
A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCOUNT NUMBER:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
PATRICK K. MYERS AND LORAINE KLINE MYERS
518 KATRINA COURT, MECHANICSBURG, PA 17050
MERS, AS NOMINEE FOR AMERICAN HOME BANK,
N.A.
U.S. BANK HOME MORTGAGE
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of
foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing).
During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit
counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-
THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO
BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit
counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is
only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default). You have the
right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do
so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with
one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer
credit counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a
foreclosure action, your application. MUST be forwarded to PHFA and received within thirty (30) days of your
face-to-face meeting with the counseling agency.
YOU SHOULD FILE A HEIIIAP APPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING
WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE
AND FILE AN APPLICA TION WITH PLWA WITHIN 30 DAYS OF THAT MEETING, THEN THE
LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST
YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF
FORECLOSURE'
YOUHAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME
PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY
TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You
will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING, PART OF THIS NOTICE IS FOR INFORMATION PURPOSES
ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(IF YOU HAVE FILED BANKRUPTCY YOU CAN STILL APPLY FOR EMERGENCY MORTGAGE ASSISTANCE.)
HOW TO CURE YOUR MORTGAGE DEFAULT BRING IT UP TO DATE).
NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located
at: 518 KATRINA COURT, MECHANICSBURG, PA 17050 is SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due from 3/1/09 through 7/1/09 in the amount of $2,328.68 per month:
Monthly Payments Plus Late Charges Accrued: $12,598.03
Other Fees: $240.00
Properly Inspections: $20.00
Appraisal/BPO: $100.00
(Suspense) ($0.00)
TOTAL AMOUNT TO CURE DEFAULT $12,958.03
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.)
HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING
THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $12,958.03, PLUS ANY MORTGAGE PAYMENTS AND
LATE CHARGES WHICH MAY BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by
cash cashier's check, certified check or money order made payable and sent to: U.S. Bank Home Mortgage, 4801 Frederica Street,
West B, Owensboro, KY 42301. Contact: Michelle L. French
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this
letter. (do not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that
the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to
pay the mortgage in monthly installments. If full payment of the total amount past due is not made within
THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon
your mortgaged property.
IF YOUR MORTGAGE IS FORECLOSED UPON - The Mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees
that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have
to pay all the reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any
attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs.
If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's
fees.
OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure
the default and prevent the sale at any time up tone hour before the Sheriff's Sale. You may do so by paying the
total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs
connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing
by the lender and by performing any other requirements under the mortgage. Curing your default in the
manner set forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's
sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this
Notice. A notice of the actual date of the Sheriff's sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what
the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER -
U.S. Bank Home Mortgage
4801 Frederica Street, West B
Owensboro, KY 42301
Tel.: 1-270-852-5800
Attention: Michelle L. French
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You _ may or XX may not sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are
satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
• TO HAVE THE MORTGAGE RESORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR).
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
(POZ1 T gU, KIWV 43?9AVA IAN, LLC
ATTORNEY FOR LENDER
CC: PENNSYLVANIA HOUSING FINANCE AGENCY -VIA EMAIL - Act9l @phfa.or?
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED
THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF
DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN
VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE,
IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR,
IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN
THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN
THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME.
FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE
EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER,
IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS
COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR
OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
CUMBERLAND COUNTY
Adams County Interfaith Housing Authority
40 E High Street
Gettysburg, PA 17325
717.334.1518
CCCS of Western PA
2000 Linglestown Road
Harrisburg, PA 17102
888.511.2227
Community Action Commission of Capital Region
1514 Derry Street
Harrisburg, PA 17104
717.232.9757'
Loveship, Inc.
2320 North 5th Street
Harrisburg, PA 17110
717.232.2207
Maranatha
43 Philadelphia Avenue
Waynesboro, PA 17268
717.762.3285
PHFA
211 North Front Street
Harrisburg, PA 17110
717.780.3940
800.342.2397
•
VERIFICATION
The undersigned hereby states that the statements made in the foregoing pleadings are
true and correct to the best of his/her knowledge, information and belief. The undersigned
understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
KARA KNABLE
U.S. Bank, NA
FILED-!SCE
OF sL -' ? i } OTAAY
2uC9 QIC T -6 AYN 11: 14
X78. so??9J??.?
CK-:9 ;,q ?7
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
U
OFCCE %)c «E --ERiFF
OTMY
2009 OCT 15 A,1 9'. 12
..
U.S. Bank, NA
vs.
Patrick K. Myers
Case Number
2009-6652
SHERIFF'S RETURN OF SERVICE
10/09/2009 06:59 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 9
2009 at 1859 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Patrick K. Myers, by making known unto Loraine Myers, wife of defendant
at 518 Katrina Court Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the
same time handing to her personally the said true and correct copy of the same.
10/09/2009 06:59 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 9
2009 at 1859 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Loraine K. Myers, by making known unto herself personally, at 518 Katrinz
Court Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $53.00
October 13, 2009
eOANAe ?s
R THOMAS KLINE, SHERIFF
Deputy sriff
4
POWERS, KIRN & JAVARDIAN, LLC
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-2090
U.S. BANK, NA
4801 FREDERICA STREET
OWENSBORO, KY 42301
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
PATRICK K. MYERS
LORAINE K. MYERS, A/K/A
LORAINE KLINE MYERS
518 KATRINA COURT
MECHANICSBURG, PA 17050
No.: 09-6652 CIVIL TERM
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against PATRICK K. MYERS and
LORAINE K. MYERS, A/K/A LORAINE KLINE MYERS, Defendants, for failure to file an
Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of
the mortgaged premises, and assess Plaintiffs damages as follows:
As Set forth in Complaint $276,656.68
Interest 9/2/09 to 11/13/09 2,899.44
TOTAL $279,556.12
I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown
above, and (2) that notice has been given in accordance with Rule 237.1, copy attached.
GR Y JAVARDIAN, ESQUIRE
Att e for Plaintiff
Damages are hereby assessed as indicated.
DATE:
R PROTHY
?% #09-0231
POWERS, KIRN & JAVARDIAN, LLC
BY: Gregory Javardian, Esquire
ID No. 55669
1310 Industrial Boulevard, Suite 101
Southampton, PA 18966
Telephone: 215-942-2090
Attorneys for Plaintiff
U.S. Bank, NA
Plaintiff
In the Court of Common Pleas
CUMBERLAND COUNTY
VS.
Patrick K. Myers
Loraine K. Myers a/k/a Loraine Kline Myers
Defendant
No. 09-6652
Patrick K Myers Loraine K. Myers
518 Katrina Court a/k/a Loraine Kline Myers
Mechanicsburg, PA 17050 518 Katrina Court
Mechanicsburg, PA 17050
DATE OF NOTICE: November 3, 2009
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to take action required by you in this case. Unless you act
within ten (10) 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.
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Phone: 717-243-9400
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone: 717-249-3166
Gregory Javardian, Esquire
Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso.
Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal
podra, sin necesidad de compararecer usted en corte o escuchar prueba alguna, dictar sentencia en su
contra, usted puede perder bienes y otros derechos importantes. Debe Ilevar esta notificacion a un
abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya
en persona o flame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar
donde se puede conseguir assistencia legal.
"NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE"
POWERS, KIRN & JAVARDIAN, LLC
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-2090
U.S. BANK, NA COURT OF COMMON PLEAS
vs.
CUMBERLAND COUNTY
PATRICK K. MYERS No.: 09-6652 CIVIL TERM
LORAINE K. MYERS, A/K/A
LORAINE KLINE MYERS
VERIFICATION OF NON-MILITARY SERVICE
GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) Defendants, PATRICK K. MYERS and LORAINE K. MYERS, A/K/A
LORAINE KLINE MYERS, are not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Servicemembers' Civil Relief Act of Congress of
1940, as amended.
(b) Defendant, PATRICK K. MYERS, is over 18 years of age, and resides at 518
KATRINA COURT, MECHANICSBURG, PA 17050.
(c) Defendant, LORAINE K. MYERS, A/K/A LORAINE KLINE MYERS, is over
18 years of age, and resides at 518 KATRINA COURT, MECHANICSBURG, PA 17050.
(d) Plaintiff, U.S. BANK, NA, is an institution conducing business under the Laws of
the Commonwealth of Pennsylvania with an address of 4801 FREDERICA STREET,
OWENSBORO, KY 42301.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
9), ____ -
GRE ?,Y JAVARDIAN, ESQUIRE
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U.S. BANK, NA, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
N0. 09-6652 Civil Term
vs. .
Civil Division
PATRICK K. MYERS
LORAINE K. MYERS, A/K/A
LORAINE KLINE MYERS,
Defendants
ENTRY OF APPEARANCE AS LOCAL COUNSEL
Dear Sir:
I hereby enter my appearance as local counsel, in conjunction
with the Law Offices of Gregory Javardian, for the limited purpose
of representing the Plaintiff in regard to Plaintiff's Motion for
Reassessment of Damages.
~~
Date: January 29, 2010 ~ ~ ~ ff,
f '
Dale F. Shugh t, r. ,• Esquire
Supreme Court .D 193x3
10 West High reet ~
Carlisle, PA 17013
(717) 241-4311
cc: Law Offices of Gregory Javardian
Gregory Javardian, Esquire, for Plaintiff
Patrick K. Myers
Loraine K. Myers a/k/a Loraine Kline Myers
,~
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
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r~ee !~d `ti L3 I~~ r'.'~~i ir'
U.S. Bank, NA
vs.
Patrick K. Myers (et al.)
Case Number
2009-6652
SHERIFF'S RETURN OF SERVICE
12/21/2009 08:20 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
December 21, 2009 at 2015 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 Patrick K. & Loraine K. Myers, located
at, 518 Katrina Court, Mechanicsburg, Cumberland County, Pennsylvania according to law.
12/21/2009 08:20 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
December 21, 2009 at 2015 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: Patrick K. Myers, by
making known unto, Patrick K. Myers, personally, at, 518 Katrina Court, Mechanicsburg, Cumberland
County, Pennsylvania its contents and at the same time handing to him personally the said true and
correct copy of the same.
12/21/2009 08:20 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
December 21, 2009 at 2015 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: Loraine K. Myers, by
making known unto, Patrick K. Myers, husband of defendant, at, 518 Katrina Court, Mechanicsburg,
Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said
true and correct copy of the same.
02/24/2010 PROPERTY SALE POSTPONED TO 4/7/2010.
04/05/2010 Property sale postponed to 6/2/2010.
06/01/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney Gregory Javardian on 6/1/10
SHERIFF COST: $902.83
June 01, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
a? -CAD ~,d . C'o
. S~ GZ. /~
~~~ 7~~y~
ic) CountySuile Snenff_ Teleoso`t, Inc.
iJ.S. BANK, NA ti
vs.
PATRICK K. MYERS
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 09-6652 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution
was filed the following information concerning the real property located at 518 KATRINA COURT,
MECHANICSBURG, PA 17050:
1. Name and address of Owner(s) or reputed Owner(s):
Name
PATRICK K. MYERS
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
518 KATRINA COURT
MECHANICSBURG, PA 17050
518 KATRINA COURT
MECHANICSBURG, PA 17050
2. Name and address of Defendant(s) in the judgment:
PATRICK K. MYERS
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
518 KATRINA COtJR"f
MECI-IANICSBtJRG, PA 17050
518 KATRINA COURT
MECHANICSBURG, PA 17050
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Graystone Bank
Silver Spring Square II LP
PA Department of Revenue
Bureau of Compliance
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
112 Market Street
Harrisburg, PA 17101
One Independent Drive, Suite 114
Jacksonville, FL 32202-5019
P.O. Box 281230
I-Iarrisburg, PA 17128-1230
PA Department of Revenue Department 280946
Bureau of Compliance Harrisburg, PA 17128
Donald E. Diehl 4 East Hill Street
Carlisle, PA 17013
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Plaintiff.
Mortgage Electronic Registration Systems,
Inc. (MERS) as Nominee for
Capital One Home Loans, Inc.
P.O. Box 2026
Flint, MI 48501-2026
Mortgage Electronic Registration Systems,
Inc. (MERS) as Nominee for
Capital One Home Loans, Inc.
7311 W. 132"d Street, Suite 300
Overland Park, KS 66213
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Cumberland County Domestic Relations
Cumberland County Tax Claim Bureau
PA Department of Public Welfare
Bureau of Child Support Enforcement
13 N. Hanover Street
Carlisle, PA 17013
1 Courthouse Square
Carlisle, PA 17013-3387
Health and Welfare Building -Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
-7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenants/Occupants 518 KATRINA COURT
MECHANICSBURG, PA 17050
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
`:~}.
GR~~ Y JAVARDIAN, ESQUIRE
Att~+'rne for Plaintiff
November 23, 2009
POWERS, 14IRN~'& JAVARDIAN, LLC
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-2090
U.S. BANK, NA
vs.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PATRICK K. MYERS No.: 09-6652 CIVIL TERM
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
NOTICE OF SIERIFF'S SALE OF REAL PROPERTY
TO: PATRICK K. MYERS
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
518 KATRINA COURT
MECHANICSBURG, PA 17050
Your house (real estate) at 518 KATRINA COURT MECHANICSBURCi, PA 17050, is
scheduled to be sold at Sheriff s Sale on MARCH 3, 2010 at 10:00 A.M., in the Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of
$279,556.12, obtained by U.S. BANK, NA, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215
942-2090.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good caus'e.'
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
f
_ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out.th~ price bid by calling~215) 942-2090.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-2090.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner oi~
the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer inay bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state
who will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within
ten.(10) days.
7. You may also have other rights and defenses, or ways of getting your home back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAYER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEI'IIONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
(80U) 990-9108
ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of
Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows,
to wit:
BEGINNING at a point on the northern line of Katrina Court at the dividing line between Lots 9 and
10 as shown on the hereinafter mentioned plan of lots; thence along the northern line of Katrina
Court by a curve to the left having a radius of 100.0 feet an arc distance of 57.28 feet to a point at the
dividing line between Lots 10 and 11; thence along the dividing line between Lots 10 and 11 North
28 degrees 28,,minutes 14 seconds West a distance of 120.09 feet to a point on the south eastern line
of the other lands of Sleepy Hollow P.R.D.; thence along the last mentioned line North 51 degrees
35 minutes 55 seconds East a distance of 161.84 feet to a point at the southwestern line of
Pedestrian/Bilceway; thence along the southwestern line of said Pedestrian/Bikeway South 35
degrees 34 minutes 00 seconds East a distance of 40.00 feet to a point at the dividing line between
Lots 9 and 10; thence along the dividing line between Lots 9 and 10 South 12 degrees 45 minutes 40
seconds West a distance of 168.20 feet to a point on the northern line of Katrina Court, said point
being the place of beginning.
BEING all of Lot No. 10 as shown on the final subdivision plan of Sleepy Hollow P.R.D. Phase 1,
recorded in Plan Book 55, Page 44.
CONTAINING 0.398 acres.
THEREUPON erected a two story brick and vinyl sided dwelling known as 518 KATRINA
COURT, MECHANICSBURG, PA 17050
BEING THE SAME PREMISES which Patrick K. Myers by Deed dated July 17, 2002 and recorded
July 19,.2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book
252, Page 3787 granted and conveyed unto Patrick K. Myers and Loraine Kline Myers, husband and
wife. ''
PARCEL No. 10-18-1316-088
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 09-6652 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due U.S. BANK, NA, Plaintiff (s)
From PATRICK K. MYERS; LORAINE K. MYERS a/Wa LORAINE KLINE MYERS '
(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 $279,556.12 L.L. $.50
Interest from 11/13/09 to Date of Sale @ $45.95 per diem -- To be Determined
Atty's Comm % Due Prothy $2.00
Atty Paid $172.00 Other Costs
Plaintiff Paid
Date: 11/24!09
(Seal)
REQUESTING PARTY:
Name: GREGORY JAVARDIAN, ESQUIRE
Address: POWERS, KIRN &JAVARDIAN, LLC
1310 INDUSTRIAL BOULEVARD, SUITE 101
SOUTHAMPTON, PA 18966
Attorney for: PLAINTIFF
Telephone: 215-942-2090
Supreme Court ID No. 55669
On November 30 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA,
Known and numbered, 518 Katrina Court, Mechanicsburg,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: November 30, 2009
By:
~~~ ,
Real Estate Coordinator
r
~ ~-
~ ,y
!~ ~\ ~
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 February 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.
L' a Marie Coyne, E ' or
SWORN TO AND SUBSCRIBED before me this
5 day of February, 2010
Notary
~~~
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
wit Ifo. ZO09-66az civil
U.S. Bank, NA
vs.
Patrick K. Myers
Loraine K. Myers a/k/a
Lorraine Kline Myers
Atty: Gregory Javardian
ALL THAT CERTAIN piece or par-
cel of land situate in the Township
of Hampden, County of Cumberland,
Commonwealth of Pennsylvania more
particularly bounded and described
as follows, to wit:
BEGINNING at a point on the
northern line of Katrina Court at the
dividing line between Lots 9 and 10
as shown on the hereinafter men-
tioned plan of lots; thence along the
northern line of Katrina Court by a
curve to the left having a radius of
100.0 feet an arc distance of 57.28
feet to a point at the dividing line
between Lots 10 and 11; thence along
the dividing line between Lots 10 and
11 North 28 degrees 28 minutes 14
seconds West a distance of 120.09
feet to a point on the south eastern
line of the other lands of Sleepy Hol-
low P.R.D.; thence along the last
mentioned line North 51 degrees 35
minutes 55 seconds East a distance
of 161.84 feet to a point at the south-
western line of Pedestrian/Bikeway;
thence along the southwestern line
of said Pedestrian/BikewaySouth 35
degrees 34 minutes 00 seconds East
a distance of 40.00 feet to a point
at the dividing line between Lots 9
and 10; thence along the dividing
line between Lots 9 and 10 South
12 degrees 45 minutes 40 seconds
West a distance of 168.20 feet to a
point on the northern line of Katrina
Court, said point being the place of
beginning.
BEING all of Lot No. 10 as shown
on the final subdivision plan of
Sleepy Hollow P.R.D. Phase 1, re-
corded in Plan Book 55, Page 44.
CONTAINING 0.398 acres.
THEREUPON erected a two story
brick and vinyl sided dwelling known
as 518 KATRINA COURT, MECHAN-
ICSBURG, PA 17050.
BEING THE SAME PREMISES
which Patrick K. Myers by Deed dated
July 17, 2002 and recorded July 19,
2002 in the Office of the Recorder of
Deeds in and for Cumberland County
in Deed Book 252, Page 3787 granted
and conveyed unto Patrick K. Myers
and Loraine Kline Myers, husband
and wife.
PARCEL No. 10-18-1316-088.
PROPERTY ADDRESS: 518 Ka-
trina Court, Mechanicsburg, PA
17050.
The Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
c~he ~latriot News
Now you know
CARLISLE PA 17013
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 /22110
., 01/29/10
02/05/10
/~/f~~
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Y
Sw~rn to acrd bscribed before his 2 d~jr of February, 2010 A.D.
~ =--~ /
~ ' ~ ; ~` ,
\_ Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sherrie L Kisner, Notary Public
City Qf Harrisburg, Dauphin County
MY Commission E~ires Nov. 26, 2011
Member, Pennsylvania Association of Notaries
i~c-ket Number: 2OQ9~652 Civil
Tenn
U.S. Bank, NA
vs.
Patrick K. Myers
Loraine K, Myers a/k/a Lorraine
Kline Myers
Atty: Gregory Javardian
ALL. THAT CERTAIN piece or pazcel of land
situate in the Township of Hampden, County of
Cumberland,' Commonwealth of Pennsylvania
more particularly bounded and described as
follows; to wit:
BEGINNING at a point on the northern line of
Katrina Court at the dividing line between Lots
9 and 10 as shown on the hereinafter mentioned
plan of lots; thence along, the northem line of
Katrina Court by a curve to the left having a
radius of 100.0 feet an azc distance of 57.28 feet
to a point at the dividing line between Lots 10
and 11; thence along the dividing line between
Lots 10 and 11 North 28 degrees 28 minutes 14
seconds West a distance of 120.09 feet to a point
on the south eastern line of the gthet lands of
Sleepy Hollow P.R.D.; thence along the. last
mentioned line North 51 degrees 35 minutes 55
seconds East a distance of 161.84 feet to a poin
at the southwestern line of PedestrianBikeway;
thence along the southwestern line of said
Pedestrian/BikewaySouth 35 degrees 34 minutes
00 seconds East a distance of 40.00 feet to a
point at the dividing line between Lots 9 and 10;
thence along the dividing line between Lots 9
and 10 South 12 degrees 45 minutes 40 seconds
West a distance of 168.20 feet to a point on the
northern line of Katrina Court, said point being
the place of beginning. BEING all of Lot No.
10 as shown on the final subdivision plan of
Sleepy Hollow PRD. Phase 1, recorded in Plan
Book 55, Page 44. CONTAINING 0.398 acres.
THEREUPON erected a two story brick and
vinyl sided dwelling known as 518 KATRINA
COURT, MECHANICSBURG, . PA 17050
BEING THE SAME PREMISES which Patrick
K Myers by Deed dated July 17, 2002 and
recorded. July 19, 2002 in the Office of the
Recorder of Deeds in and for Cumberland
County in Deed Book 252, Page 3787 granted
and conveyed unto Patrick K. Myers and
Laraine Kline Myers, husband and wife.
PARCEL No.10-18-1316-088.
PROPERTY ADDRESS: 518 Katrina Court,
Mechanicsburg, PA 17050
. L
POWERS, KIRN & JAVARDIAN, LLC
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-2090
U.S. BANK, NA
4801 FREDERICA STREET
OWENSBORO, KY 42301
Vs.
PATRICK K. MYERS
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
518 KATRINA COURT c
`n
MECHANICSBURG, PA 17050
PRAECIPE FOR JUDGMENT;
AND ASSESSMENT OF DAMAGES
v?
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against PATRICK K. MYERS and
LORAINE K. MYERS A/K/A LORAINE KLINE MYERS, Defendant(s) pursuant to Order of Court
dated February 16, 2010, and assess Plaintiffs damages as follows:
As Set forth in Order of Court
Dated 2/16/10 (copy attached)
q4-----
GRfbqRY JAVARDIAN, ESQUIRE
Att ?ney for Plaintiff
Damages are hereby assessed as indicated.
DATE: q/? ho
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 09-6652 CIVIL TERM
$289,218.82
P O FROTHY
ON-06
Cry -2053
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LAW'OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ATTORNEY I.D. # 55669
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966 ATTORNEY FOR PLAINTIFF
(215) 942-9690
U.S. BANK, NA, COURT OF COMMON PLEAS
PLAINTIFF
CIVIL DIVISION
VS.
CUMBERLAND COUNTY
PATRICK K. MYERS
LORAINE K. MYERS A/K/A NO.: 09-6652 CIVIL TERM
LORAINE KIM MYERS,
DEFENDANTS
ORDER
-tk
AND NOW, this 6 day of 7Col,) a ry , 2010, upon
consideration of Plaintiffs Motion for Reassessment of Damages, and any response thereto,
it is hereby ORDERED that Plaintiffs Motion is granted and damages are reassessed in the
sum of $289,218.82, together with interest at the per diem rate of six percent ($47.54) from
January 2, 2010 through the sale date.
BY TBE COURT:
zz 4
J.
?r COPY Ffi6? RECORD.
JMQ4 iy wh m*0. I herwunto set rmy hs nd
?,ea gtssid Coo. t.Car0sis, Ps
Prothono',ary
POWERS, KIRN & JAVARDIAN, LLC
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-2090
U.S. BANK, NA COURT OF COMMON PLEAS
VS.
CUMBERLAND COUNTY
PATRICK K. MYERS No.: 09-6652 CIVIL TERM
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
VERIFICATION OF NON-MILITARY SERVICE
GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) Defendants, PATRICK K. MYERS and LORAINE K. MYERS AWA
LORAINE KLINE MYERS, are not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Servicemembers' Civil Relief Act of Congress of
1940, as amended.
(b) Defendant, PATRICK K. MYERS, is over 18 years of age, and resides at 518
KATRINA COURT, MECHANICSBURG, PA 17050.
(c) Defendant, LORAINE K. MYERS A/K/A LORAINE KLINE MYERS, is over
18 years of age, and resides at 518 KATRINA COURT, MECHANICSBURG, PA 17050.
(d) Plaintiff, U.S. BANK, NA, is an institution conducing business under the Laws of
the Commonwealth of Pennsylvania with an address of 4801 FREDERICA STREET,
OWENSBORO, KY 42301.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
G O Y JAVARDIAN, ESQUIRE
r
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
U.S. BANK, NA COURT OF COMMON PLEAS
4801 FREDERICA STREET
OWENSBORO, KY 42301 CUMBERLAND COUNTY
VS.
No.: 09-6652 CIVIL TERM
PATRICK K. MYERS
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
518 KATRINA COURT
MECHANICSBURG, PA 17050
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly issue Writ of Execution in the above matter.
Amount Due $289,218.82
Interest from 1/2/10 to Date of Sale
@ $47.54 per diem $
Subtotal $
(Costs to be added)
?aY.on ?r ?.L ?1-
7 y' Sv Cos-ti G O Y JAVARDIAN, ESQUIRE
1 y, d6 Att e for Plaintiff
x olY 0 d I.D. #55669
1310 Industrial Boulevard
f I H , a Suite 101
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s3 Southampton, PA 18966
- (215) 942-2090 ' ;
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ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of
Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows,
to wit:
BEGINNING at a point on the northern line of Katrina Court at the dividing line between Lots 9 and
10 as shown on the hereinafter mentioned plan of lots; thence along the northern line of Katrina
Court by a curve to the left having a radius of 100.0 feet an arc distance of 57.28 feet to a point at the
dividing line between Lots 10 and 11; thence along the dividing line between Lots 10 and 11 North
28 degrees 28 minutes 14 seconds West a distance of 120.09 feet to a point on the south eastern line
of the other lands of Sleepy Hollow P.R.D.; thence along the last mentioned line North 51 degrees
35 minutes 55 seconds East a distance of 161.84 feet to a point at the southwestern line of
Pedestrian/Bikeway; thence along the southwestern line of said Pedestrian/Bikeway South 35
degrees 34 minutes 00 seconds East a distance of 40.00 feet to a point at the dividing line between
Lots 9 and 10; thence along the dividing line between Lots 9 and 10 South 12 degrees 45 minutes 40
seconds West a distance of 168.20 feet to a point on the northern line of Katrina Court, said point
being the place of beginning.
BEING all of Lot No. 10 as shown on the final subdivision plan of Sleepy Hollow P.R.D. Phase 1,
recorded in Plan Book 55, Page 44.
CONTAINING 0.398 acres
THEREUPON erected a two story brick and vinyl-sided dwelling known as 518 KATRINA
COURT, MECHANICSBURG, PA 17050
BEING THE SAME PREMISES which Patrick K. Myers by Deed dated July 17, 2002 and recorded
July 19, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book
252, Page 3787 granted and conveyed unto Patrick K. Myers and Loraine Kline Myers, husband and
wife.
PARCEL No. 10-18-1316-088
U.S. BANK, NA
VS.
PATRICK K. MYERS
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 09-6652 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution
was filed the following information concerning the real property located at 518 KATRINA COURT,
MECHANICSBURG, PA 17050:
1. Name and address of Owner(s) or reputed Owner(s):
Name
PATRICK K. MYERS
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
518 KATRINA COURT
MECHANICSBURG, PA 17050
518 KATRINA COURT
MECHANICSBURG, PA 17050
2. Name and address of Defendant(s) in the judgment:
PATRICK K. MYERS
518 KATRINA COURT
MECHANICSBURG, PA 17050
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
518 KATRINA COURT
MECHANICSBURG, PA 17050
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3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Graystone Bank
Graystone Bank
c/o Geoffrey S. Shuff, Esquire
Silver Spring Square II LP
PA Department of Revenue
Bureau of Compliance
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
112 Market Street
Harrisburg, PA 17101
McNees Wallace & Nurick LLC
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108-1166
One Independent Drive, Suite 114
Jacksonville, FL 32202-5019
P.O. Box 281230
Harrisburg, PA 17128-1230
PA Department of Revenue
Bureau of Compliance
Department 280946
Harrisburg, PA 17128
PA Department of Revenue
Bureau of Compliance
Donald E. Diehl
Donald E. Diehl
Discover Bank
Discover Bank
c/o Weltman, Weinberg & Reis Co., LPA
P.O. Box 280948
Harrisburg, PA 17128
4 East Hill Street
Carlisle, PA 17013
4 East High Street
Carlisle, PA 17013
6500 New Albany Road
New Albany, OH 43054
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Plaintiff.
Mortgage Electronic Registration Systems,
Inc. (MERS) as Nominee for
Capital One Home Loans, Inc.
P.O. Box 2026
Flint, MI 48501-2026
Mortgage Electronic Registration Systems,
Inc. (MERS) as Nominee for
Capital One Home Loans, Inc.
7311 W. 132nd Street, Suite 300
Overland Park, KS 66213
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
M
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Cumberland County Domestic Relations
Cumberland County Tax Claim Bureau
PA Department of Public Welfare
Bureau of Child Support Enforcement
13 N. Hanover Street
Carlisle, PA 17013
1 Courthouse Square
Carlisle, PA 17013-3387
Health and Welfare Building - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenants/Occupants 518 KATRINA COURT
MECHANICSBURG, PA 17050
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
q4-
GR TRY JAVARDIAN, ESQUIRE
At for Plaintiff
September 7, 2010
A
POWERS, KIRN & JAVARDIAN, LLC
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-2090
U.S. BANK, NA
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
PATRICK K. MYERS No.: 09-6652 CIVIL TERM
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS n,
c ?
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -0 LOO
rr :1
-0
"11
TO: PATRICK K. MYERS
-< 3
LORAINE K. MYERS A/K/A ?
LORAINE KLINE MYERS w ter"
518 KATRINA COURT
MECHANICSBURG, PA 17050
Your house (real estate) at 518 KATRINA COURT, MECHANICSBURG, PA 17050, is
scheduled to be sold at Sheriffs Sale on DECEMBER 8, 2010 at 10:00 A.M., in the Cumberland
County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of
$289,218.82, obtained by U.S. BANK, NA, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215)
942-2090.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (215) 942-2090.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-2090.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state
who will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within
ten (10) days.
7. You may also have other rights and defenses, or ways of getting your home back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
(800) 990-9108
1W
ALL THAT CERTAIN piece or parcel of land situate in the Township of Hampden, County of
Cumberland, Commonwealth of Pennsylvania more particularly bounded and described as follows,
to wit:
BEGINNING at a point on the northern line of Katrina Court at the dividing line between Lots 9 and
10 as shown on the hereinafter mentioned plan of lots; thence along the northern line of Katrina
Court by a curve to the left having a radius of 100.0 feet an arc distance of 57.28 feet to a point at the
dividing line between Lots 10 and 11; thence along the dividing line between Lots 10 and 11 North
28 degrees 28 minutes 14 seconds West a distance of 120.09 feet to a point on the south eastern line
of the other lands of Sleepy Hollow P.R.D.; thence along the last mentioned line North 51 degrees
35 minutes 55 seconds East a distance of 161.84 feet to a point at the southwestern line of
Pedestrian/Bikeway; thence along the southwestern line of said Pedestrian/Bikeway South 35
degrees 34 minutes 00 seconds East a distance of 40.00 feet to a point at the dividing line between
Lots 9 and 10; thence along the dividing line between Lots 9 and 10 South 12 degrees 45 minutes 40
seconds West a distance of 168.20 feet to a point on the northern line of Katrina Court, said point
being the place of beginning.
BEING all of Lot No. 10 as shown on the final subdivision plan of Sleepy Hollow P.R.D. Phase 1,
recorded in Plan Book 55, Page 44.
CONTAINING 0.398 acres
THEREUPON erected a two story brick and vinyl-sided dwelling known as 518 KATRINA
COURT, MECHANICSBURG, PA 17050
BEING THE SAME PREMISES which Patrick K. Myers by Deed dated July 17, 2002 and recorded
July 19, 2002 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book
252, Page 3787 granted and conveyed unto Patrick K. Myers and Loraine Kline Myers, husband and
wife.
PARCEL No. 10-18-1316-088
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N009-6652 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due U. S. BANK, NA Plaintiff (s)
From PATRICK K. MYERS AND LORAINE K. MYERS A/K/A LORAINE KLINE MYERS
(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$289,218.82
L.L.
Interest FROM 1/2/10 TO DATE OF SALE @ $47.54 PER DIEM
Atty's Comm % Due Prothy $2.00
Atty Paid $1110.33
Plaintiff Paid
Other CostsTO BE ADDED
Date: SEPTEMBER 9, 2010
(Seal)
I
D ' 1, Prot -"o-notary
By:
Deputy
REQUESTING PARTY:
Name GREGORY JAVARDIAN, ESQUIRE
Address: POWERS, KIRN & JAVARDIAN, LLC, 1310 INDUSTRIAL BOULEVARD, SUITE 101,
SOUTHAMPTON, PA 18966
Attorney for: PLAINTIFF
Telephone: 215-942-2090
Supreme Court ID No. 55669
C7 ?c"a» Ott
U.S. BANK, NA COURT OF COMMON PLEAS m? ice;
n
vs. CUMBERLAND COUNTY < o
MYERS
PATRICK K No.: 09-6652 CIVIL TERM zo x
C7?
.
LORAINE K. MYERS A/K/A
z C5
LORAINE KLINE MYERS ;fir
SUPPLEMENTA AFFIDAVIT PURSUANT TO RULE 3129.1
Plaintiff in the above actions s forth as of the date the Praecipe for the Writ of Execution was
filed the following information conce ing the real property located at 518 KATRINA COURT,
MECHANICSBURG, PA 17050: 11
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
US Food Service Inc. Burns Avenue at Canan Station
P.O. Box 632
Altoona, PA 16603-0632
i
The United States of America lOt" and Constitution Avenue
Department of Justice Washington, DC 20530
Internal Revenue Service 600 Arch Street - Room 3259
Technical Services East Area 3 Philadelphia, PA 19106
United States Department of Justice Federal Building, 228 Walnut Street
US Attorney-Middle District of PA P.O. Box 11754
Harrisburg, PA 17108-1754
Internal Revenue Service Wm. S. Moorhead Federal Building
Special Procedures Branch Advisory
1000 Liberty Avenue, Room 704
Pittsburgh, PA 15222
The USA, US Department of Justice 633 US Post Office and Courthouse
Attn.: Michael C. Colville, Esq. 700 Grant Street, Suite 400
Assistant U.S. Attorney Pittsburgh, PA 15219
i
4. Name and address of last recorde? holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None. j
i
6. Name and address of every other erson who has any record interest in the property and whose
interest may be affected by the sale.
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
7. Name and address of every other erson of whom the plaintiff has knowledge who has any interest in
the property which may be affected b the sale:
Name
None.
I verify that the statements i
knowledge, information and belief
of 18 Pa. C.S.A. 4904 relating to uj
March 3, 2011
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
aIde in this affidavit are true and correct to the best of my
I understand that false statements herein are subject to the penalties
falsification to authorities.
GRE ORY AV IAN, ESQUIRE
Attorney for Pla' iff
POWERS, KIRN & JAVARDIAN, LLC
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD, SOTE 101
SOUTHAMPTON, PA 18966
(215) 942-2090
U.S. BANK, NA
vs.
PATRICK K. MYERS
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
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No.: 09-6652 CIVIL TERM
AFFIDAVIT PF SERVICE PURSUANT TO RULE 3129.1
C-
I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants'
certified and regular United States mail and all lien holders or judgment creditors of record as
required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below.
(See attached Exhibit "A")
Cumberland County Domestic R?lations
13 N. Hanover Street
Carlisle, PA 17013
Cumberland County Tax Claim Bureau
1 Courthouse Square
Carlisle, PA 17013-3387
Tenants/Occupants
518 KATRINA COURT
MECHANICSBURG, PA 17050
PATRICK K. MYERS
518 KATRINA COURT
MECHANICSBURG, PA 17050
LORAINE K. MYERS A/K/A
LORAINE KLINE MYERS
518 KATRINA COURT
MECHANICSBURG, PA 170501
PA Department of Public Welfare
Bureau of Child Support Enforce ent
Health and Welfare Building - R om 432
P.O. Box 2675
Harrisburg, PA 17105-2675
Graystone Bank
112 Market Street
Harrisburg, PA 17101
Graystone Bank
c/o Geoffrey S. Shuff, Esquire
McNees Wallace & Nurick LLC
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108-1166
Silver Spring Square 11 LP
One Independent Drive, Suite 114
Jacksonville, FL 32202-5019
PA Department of Revenue
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
PA Department of Revenue
Bureau of Compliance
P.O. Box 280946
Harrisburg, PA 17128
PA Department of Revenue
Bureau of Compliance
P.O. Box 280948
Harrisburg, PA 17128
Donald E. Diehl
4 East Hill Street
Carlisle, PA 17013
Mortgage Electronic Registration Systems,
Inc. (MERS) as Nominee for
Capital One Home Loans, Inc.
P.O. Box 2026
Flint, M148501-2026
Mortgage Electronic Registration Systems,
Inc. (MERS) as Nominee for
Capital One Home Loans, Inc.
7311 W. 132°d Street, Suite 300
Overland Park, KS 66213
Donald E. Diehl
4 East High Street
Carlisle, PA 17013
Discover Bank
6500 New Albany Road
New Albany, OH 43054
Discover Bank
c/o Weltman, Weinberg & Reis Co., LPA
436 Seventh Avenue, Suite 1400
Pittsburgh, PA 15219
US Food Service Inc.
Burns Avenue at Canan Station
P.O. Box 632
Altoona, PA 16603-0632
The United States of America
Department of Justice
I OT and Constitution Avenue
Washington, DC 20530
Internal Revenue Service
Technical Services East Area 3
600 Arch Street - Room 3259
Philadelphia, PA 19106
United States Department of Justice
US Attorney-Middle District of PA
Federal Building, 228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108-1754
Internal Revenue Service
Special Procedures Branch
Wm. S. Moorhead Federal Building
Advisory
1000 Liberty Avenue, Room 704
Pittsburgh, PA 15222
The USA, US Department of Jus(ice
Attn.: Michael C. Colville, Esq.
Assistant U.S. Attorney
633 US Post Office and Courthouse
700 Grant Street, Suite 400
Pittsburgh, PA 15219
Dated: 421A011(2 ?, 3/31///
G GORY TAV IAN, ESQUIRE
Attorney for Plai ff
TO' Internal Revenue Service
Technical Services East Area 3
600 Arch Street Room 3259
Philadelphia, PA 19106
SENDER:
REFERENCE:
7196 9008 9040 0119 6659
9 PS Form seo o January 2005
RETURN Page
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Total Postage & Fees 414
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September 7, 2010
TO:
OWNER(S):
PLAINTIFF/SELLER:
DEFENDANT(S):
PROPERTY:
CUMBERLAND C.C.P. NO.
The above captioned pro;
2010 at 10:00 A.M., in the Cum
17013. You may hold a judgme
wish to attend the Sheriffs Sale
A schedule of distributio
later than 30 days after sale. Di;
exceptions are filed thereto with
NOTICE OF SHERIFF'S SALE
OF REAL PROPERTY
ALL PARTIES IN INTEREST AND CLAIMANTS
PATRICK K. MYERS
LORAINE K. MYERS A/K/A LORAINE KLINE MYERS
U.S. BANK, NA
PATRICK K. MYERS
LORAINE K. MYERS A/K/A LORAINE KLINE MYERS
518 KATRINA COURT
MECHANICSBURG, PA 17050
09-6652 CIVIL TERM
rty is scheduled to be sold at Sheriffs Sale on DECEMBER 8,
rland County Courthouse, 1 Courthouse Square, Carlisle, PA
on the property, which may be extinguished by the sale. You may
protect your interest.
will be filed by the Sheriff on a date specified by the Sheriff not
ibution will be made in accordance with the schedule unless
i 10 days after the filing of the schedule.
Sincerely,
Gregory Jadian, Esquire
Powers, Kim & Javardian, LLC
1310 Industrial Boulevard
Suite 101
Southampton, PA 18966
(215) 942-2090
March 3, 2011
TO:
OWNER(S):
PLAINTIFF/SELLER:
DEFENDANT(S):
PROPERTY:
CUMBERLAND C.C.P. NO.
The above captioned pro
2010* at 10:00 A.M., in the Cur
17013. You may hold a judgme
wish to attend the Sheriff's Sale
OF REAL PROPERTY
ALL PARTIES IN INTEREST AND CLAIMANTS
PATRICK K. MYERS
LORAINE K. MYERS A/K/A LORAINE KLINE MYERS
U.S. BANK, NA
PATRICK K. MYERS
LORAINE K. MYERS A/K/A LORAINE KLINE MYERS
518 KATRINA COURT
MECHANICSBURG, PA 17050
09-6652 CIVIL TERM
-ty is scheduled to be sold at Sheriffs Sale on DECEMBER 8,
erland County Courthouse, 1 Courthouse Square, Carlisle, PA
on the property, which may be extinguished by the sale. You may
protect your interest.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not
later than 30 days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the schedule.
Sincerely,
Grt ory Javardian, quire
Powers, Kim & Javardian, LLC
1310 Industrial Boulevard
Suite 101
Southampton, PA 18966
(215) 942-2090
*SHERIFF'S SALE POSTPOID TO MARCH 2, 2011**
**SHERIFF'S SALE POSTPO D TO APRIL 6, 2011