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HomeMy WebLinkAbout09-6714IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. BRUCE WARR and GEORGIA WARR, Defendants. TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF 17 ATTORNE FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 AND THE DEFENDANTS IS: 409 Market Street New Cumberland, PA 17070 A NEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 409 Market St. Boro of New Cumberland_ (CITY, BORO, TOWNSHIP,WARD) ATTORNEY FOR PL TIFF '" CIVIL DIVISION NO.. Oq - (o•I l q 0, %,1 it-ern TYPE OF PLEADING CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: tine M. Anthou, Esquire Pa. I.D. #77991 Brian M. Kile, Esquire Pa. I.D. #89240 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. BRUCE WARR and GEORGIA WARR, Defendants. NO.. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. BRUCE WARR and GEORGIA WARR, Defendants. NO.: 0 4 - G 'I / `/ civ-d T-t't- l CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, Bruce Warr and Georgia Warr, are individuals whose last known address is 409 Market Street, New Cumberland, Pennsylvania 17070. 3. On or about October 31, 2007, Defendant, Bruce Warr, executed a VA Fixed Rate Note ("Note") in favor of JPMorgan Chase Bank, N.A. in the original principal amount of $131,191.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about October 31, 2007, as security for payment of the aforesaid Note, Defendants made, executed and delivered to JPMorgan Chase Bank, N.A. a Mortgage in the original principal amount of $131,191.00 on the premises hereinafter described, said Mortgage being recorded in the'Office of the Record,:?r of Deeds of Cumberland County on November 27, 2007 at Instrument Number 200744173. A true and correct copy of said Mortgage, containing a description of the premises subject to the Mortgage ("Mortgaged Premises"), is marked Exhibit "B", attached hereto and made a part hereof. 5. On August 26, 2009, JPMorgan Chase Bank, N.A. assigned all of its right, title and interest in and to the Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage, recorded in the office of the Recorder of Deeds of Cumberland County at Instrument Number 200931205. A true and correct copy of said Assignment of Mortgage is marked as Exhibit "C", attached hereto and made part hereof. 6. Defendants are the record and real owners of the aforesaid Mortgaged Premises. 7. Defendants are in default under the terms of the Mortgage for, inter alia, the failure to pay the monthly installments of principal and interest when due in accordance with the Note. Defendants are due for the December 1, 2008 payment. 8. On or about February 1, 2009 and August 27, 2009, Defendants, Bruce Warr and Georgia Warr, respectively, were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notices") in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendants separate Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of sending the Act 91 Notices. 10. The amount due and owing Plaintiff by Defendant is as follows: Principal $129,758.96 Interest to 10/1/09 $ 7,884.01 Late Charges to 10/1/09 $ 480.24 Escrow Deficiency to 10/1/09 $ 873.56 Corporate Advances $ 399.00 Attorney's fees $ 850.00 Title Search, Foreclosure and Execution Costs $ 2.500.00 TOTAL $142,745.77 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $142,745.77 with interest thereon at the rate of $23.55 per diem from October 1, 2009, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the Mortgaged Premises. GRENEN & BIRSIC, P.C. BY://L?, Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" 1743587585 VA FMD RATE NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF -THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. State College, PA City, State October 31, 2007 Date 409 Market St, New Cumberland, PA 17070 Property AJdress 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 131,191.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is JPMorgan Chase Bank, N.A. a national banking association organized and existing under the laws of the United States of America I will make all psymenis under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is call?d die "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly rate of 6.625 The interest rate retjuired by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. I will make my monthly paymennts on the first day of each month beginning on December lot, 2007 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on November 1, 2037 , I still owe amounts unded this Note, I will pay those amounts in full on that date, which is called the "Maturity Dare." I will make my monthly payments at JPMorgan Chase Bank, N.A., c/o Chase Home Finance, LLC 3415 Vision Drive, Columbus, OH 43219 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S.$ 840.04 4. BORROWER'S RIGHT TO PREPAY The Borrower shall have the right to prepay at any time, without premium or fee, the entire indebtedness or any part the!.wof not less dan the amount of one installment, or $100, whichever is less. Any Prepayment in full of the Indebtedness shall be credited on the date received, and no interest tray be charged thereafter. Any partial Prepayment made on other than an installment due date need not be credited until the next following installment due date or 30 days after such Prepayment, whichever is earlier. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shad) be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be reftinded to me. The Note Holder may choose to make this refund by reducing the Principal I Awe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the and of fifteen (15) calendar days after' die date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.000 % of my overdue monthly installment, which includes principal, interest, taxes, and insurance, as allowed by sate law. I will pay Otis late charge promptly but only once on each late payment, (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in deGult. (C) Notice of DetSmlt If I am in default, the Note Holder may send me a wiitten notice telling the that if I do not pay the overdue amount by a certain date, die Note Holder may requite me to pay immediately the full amount of Principal which has not been paid and all the Imetest that I owe on that amount. That date must be at lout 30 days after the date on which the notice is mailed to me or delivered by other means. VA MULTISTATE fgXHD RATE NOTE 64400 Poe 1 of 2 (9103) (mpboes 1101) 174358758$ (D) No Waiver By Note Bolder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described Aix) the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be gtYen by delivering it or by tailing it by first class mail to me at the Property Address above or at a different address if I give the Note Solder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I atn 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 amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes ovek these obligations, including the obligations of a guarantor, surety or en(orser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under thin; 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 his obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holderto demand payment of amounts due. "Notice of Dishonor" means 1110 right to require the Note Holder to give notice to other persons that amounts due lave not been paid. 10. ALLONGE TO THIS NOTE If an allonge providing for payment adjustments or for any other supplemental information is executed by the Borrower together with this Note, die covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box) ? Graduated Payment Allonge ? Other (Specify) 11. UNWORM SECURED NOTE This Note is a uniform Instrument with limited variations In some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated die some date as this (Vote, protects the Note Holder from possible losses which might result If I do not keep the promises which I make In this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Regulations (38 C.F.R. Part 36) issued under the Department of Veteran's Affairs ("VA") Guaianteed Loan Authority (3i1 U.S.C. Chapter 37) and In effect on the date of loan closing shall govern the rights, duties and liabilities of die parties to this loan and any provisions of t11is Note which are inconsistent with such regulations are hereby amended and supplemented to conform thereto. WITNESS THE HAND(S) and SEAL(S) OF THE UNDERSIGNED. VA MULTISTATE FIXED RATE NOTE G7400 rage 7 of 7 (9!03) (repiwee 1101) _ (Seal) •Bortower _ (Seal) .8offower (Seal) Bruce Warr •scttowee (Seal) -Ronower EXHIBIT "B" 10? 7 ,, . . \v\ Return To:. INDEPENDENCE ABSTRACT & SE'rmZmlzNT SERVICES, LLC 341 N. SCIENCE PARK ROAD 7 SUITE 205 R /// STATE COLLEGE, PA 16803 Premises: 409 Market St New Cumberland, PA 17070 ISFate Atmore This IJae For Retarding Datal MORTGAGE 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 arc also provided in Section .16. (A) "Security Instrument' meansthis document, which is dated October 31, 2007 together with all Riders to this document. (B) "Borrower' is Bruce Warr and Georgia Warr husband and wife Borrower is the mortgagor under this Security Instrument. (c) Lender' is JPMorgan Chase Bank, N.A. 1743567585 PENNSYLVANIA - Single Family - Fannie Mee/Freddie Mee UNIFORM INSTRUMENT C1-6(PA)losoel PAP I of is VMP ra.MPP aabdrn. 114. 19001621-7291 Form.3039 1101 61111t 6 Lender is a national banking association organi7ed and existing under the laws ofthe United States of America Lender's address is 111 I Polaris Parkway, Columbus, OH 43240 Lender is the mortgagee under this Security Instrument. (D) "Note" meanstbe promissory note signed by Borrower and dated October 31, 2007 The Note stales that Borrower owes Lender Dollars One hundred thirty-one thousand one hundred ninety-ore and 00/100 (U.S. $ 131,191.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later thanNovember 1, 2037 (E) 'Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) '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. (G) "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 applicablel: Adjustable Rate Rider Condominium Rider Second Home Rider 1-4 Family Rider 19 Balloon Rider Planned Unit Development Ridc ???JJJ VA Rider u Biweekly Payment Rider , ? Other(s) Ispeeifyj (H) "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. (1) "Community Association Does, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organi7alion. (J) "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, pant-of-sale transfers, automatedteller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" meansthose items that are described in Section 3. (L) "Miscellaneous Proceeds' means any compensation, settlement, award of damages, or proceeds paid by any third party (otherthan insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (H) 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. (M) 'Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. 1743587585 Ow,,; dk-6(PA) roco", No. 2 0 18 Form 3039 1101 r (N) "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. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the samesubject 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. (P) "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 rcpaymentof the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performanceof Borrower's covenants and agrecmentsunder this Security Instrumeniand the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in theCOUNTY (Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction(: See attached Schedule A which currently has the address of 409 Market St (Stmtl New Cumberland (Cityl, Pennsylvania 17070 [Zip Codel ("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." 1743587585 ?j idd.r• et-WA) torotn rq" 3 et re Form 3039 1101 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 I NSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real properly. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other inslrumentreccived by Lender as payment under the Note or this Security Instrumcntis returncdto Lender unpaid, Lender may require that any or all subsequenlpayments 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; (e) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments arc deemedreceived by Lenderwhen received at the location designated in the Note or at such olherlocation as may be designaledby Lenderin 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 Borrower makes 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 agreementssecuredby 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 amountsdue 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 morethan one Periodic Payment is outstanding, Lendermay apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be 1743587585 v.a 4 of 16 form 3039 1101 ®-li(PA1 fosoel paid in full. To the extent that any excess exists after the payment is applied to the full payment rof one or more Periodic Payments, such excess may be applied to any late charges due. Volunla pre ayuantsshall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow 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 a for: (a) taxes and assessmentsand other items which can attain priority over this Security Instrument any-, (c) lien or encumbranceon the Property; (b) leasehold payments or ground rents on the Property, y; (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 assessmentsshall be an Escrow Item. Borrowershall promptly furnish to Lender all notices of amountsto 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 Lenderrequires, 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 deemedto 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 accordancewith 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 HomeLoan 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 requiredto pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 1743587585 v"a 6 ", 1a Form 3039 1101 Qy?•6tPA1 toeobi 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 accordance'with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. 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 attributabiclo the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Properly, if any, and Community Association Ducs, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcementof the lien in, legal proceedings which in Lender's opinion operatelo prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lenderdeterminesthat any part of the Properly is subject to a lien which can attain priority over this Security Instrument, Lendcrmay give Borrower a notice identifying the lien. Within 10 days of the dateon which that notice is given, Borrowershall 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 ibis Loan. 5. Property Insurance. Borrower shall keep the improvementsnow existing or hereaftererectedon 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 scntenccscan change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time 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. 1743587585 v.e. a 0 1e I,i W lr: o 4%-6(PA) IOeesl 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Burrower 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 mortgageeand/oras 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 madepromptly 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 restorationor 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 maydisburse proceedsfor the repairs and restoralionin 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 adjuster, or other third parties, retained by Borrower shall not he 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 he lessened, the insurance proceedsshall be applied to the sums secured by this Security Instrument, whether or not then duo, with the excess, if any, paid to Borrower. Such insurance proccedsshall 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. Lcndermay use the insurance proceeds either to repair or restorethe Propertyor to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 1743587585 V W4?u: Ck-61PA) (coo$) Pp. 7 0 10 Form 3039 1101 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 alter 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. Borrower shall not 7. Preservation, Maintenance and Protection of the Property; Inspections. 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 Properly if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Properly only if Lender has released proceeds for such purposes. Lendermay disburse proccedsfor the repairsand restorationin a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borroweris not relieved of Borcowees 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 reasonablecause, Lender may inspect the interior of the improyomentson the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. g. 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 Properly as Borrowers principal residence. 9. Protection of Leader's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreementscontainedin this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/orrights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnalionor forfeiture, for enforcement of a lien which may -attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security instrument, including protecting and/orassessing the value of the Property, and securing and/orrepairing the Property. Lenders actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/orrights underthis 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 lake action under this Section 9, Lender Jocs 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. 1743597595 o•a• @0 Is Form 3039 1101 ®•slPA1106081 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 dale 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 o the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage' Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrowershall pay the premiums required to maintainthe Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage requiredby Lender ceasesto be available from the mortgageinsurer 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 separatelydesignated payments toward the premiums for Mortgage Insurance. I f 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 Insuranceends in accordancewith any written agreemenibetween Borrower and Lender providing for such terminationor until termination is 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 fora 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 agreemenlsmay 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) amounlsthat 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 Insurunce, 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. 1743587585 P.G. 9 61 10 Form 3039 1101 ®-6tPA! roman (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 it 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 restorationperiod, 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 pcompleted to Lender's satisfaction, provided that such inspection shall be undertakenpromptly. Lender may a for the 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 restorationor 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 I 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 Properly or to the sums sccurcdby 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. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 1743587585 Irvtul,: pope 10 of to Poem 3039 1 /Ol -6lPAl ioeoa? 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 damagesthal are attributableto the impairment of Lender's interest in the Property are hereby assigned and shall be paid to lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. ' 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of 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 required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time lot payment or otherwise modify amortizationof the sumssearedby this Security Instrumentby reasonof any dcmandmadeby the original Borroweror any Successorsin Interestof Borrower. Any forbearanceby Lenderin exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interestof Borroweror 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 Borrowerwho co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Properly 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 accommodationswith 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 Instrumenlin 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 Borrowers 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. Lean Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security instrumentlo charge a specific fee to Borrower shall not be construedas 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 ban 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 Borrowerwhich 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 Borrowerin connectionwitb this Security Instrumentshall be deemedto 1743587585 , . r"o11,9 ie IN q.b: Pmm 3039 1101 -6PAI Otesl have heen given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify 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 rust 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 Instrumentshall not be dcemedto 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 he 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; (h) 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. Borrowershall 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 le al or hener?cial interest in the Property, including, but nol'limited to, those beneficial interests transferredtn 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 accordancewith Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expirateon 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; (h) 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 acceleration had occurred; (b) cures any default of any other covenants or 1743587585 " XAl NO a or ie orm 3039 1101 CVAPAI wsoer '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 to the Properly 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 rcinstalementsums 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 cashiers 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 Servlcer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more limes 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 unrelatedlo 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. I f the Note is sold and thereafterthe 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 Scrviccr or be lransferredto 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 parry 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 rcquircmentsof 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 M (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. 1743587585 j>, i• p,) wIrI.: Pogo 17"110 Form 3039 1101 ®-6tPA1 town, • Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threatento releascany HazarddusSubstances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affectingg the Property (a) that is in violation of any Environmental Law, (b) which creates an EnvironmenialCondition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Underwritten notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any EnvironmentalCondition, including but not limited to, any spilling, kaki, g, discharge, use elea' for the at of the presence, release of any Hazardous Substance, and (c) any condition caused by HazardousSubstance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any HazardousSubstance affecting the Property is necessary, Borrowershall 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). Leader shall. notify Borrower of, among other things: (a) the default; (b) the action required to curt the default; (c) when the default most be cured; and (d) that failure to curt the default as specified may result in acceleration of the sums secured by this Security Instrument, rareelasure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-existence or a default or. any other Lender a defense of Borrower to acceleration and fomlosm. 11"the sums secured by this Security Instrument its option may require immediate payment `u all sceured this e I without further demand and may famclose this Security Instrument by judicial procceding. Lender f shall not limited ato attorneys' fees and costslof title evidence to thee extent permitted by Applicable Low. 23. Release. Upon payment of all sums securedby this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrowers, fee for releasmgthis Security Instrument,but only if the fix 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 permittedby Applicable Law, waives and releasesany erroror 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 agreesthat 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, 1743587585 Pp 14 o1 18 m 3039 1101 -6fPAI uKOSo 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: C-7 1743587585 Qt-61PA) io6oet _ (Seal) -Borrower (Seal) -Borrower _ (Seal) -Oorrowet (Seal) Bruce Warr -Borrower k c? GQhh? (Seal) G gift I- arr -Borrower Ppo 16 0l 16 _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower Form 3039 1101 COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: Onthis, the 31st day of October 2007 before me, the undersigned officer, personally appeared Bruce Warr,0 Georgia X. Warr known to me (or satisfactorily proven) to be the person(s) whose name(s) is re bsedbed to the within instrument and acknowledged that he/s t y ocuted the same for the purposes herein contained. IN WITNESS WHEREOF,I hereuntoset my hand and official seal. My Commission Expires: ?a 16 f nn Ivanf . mrn • car+? ?i01? Nom 2c Title of officer Certificate of Redden; -H A eL /J // ?? L? r?- do hereby certify that 1, ?e the correct address of the within-named Mortgagee is ' f 1 f eola i s Pwr(&WAl bLK4 ,ff l Q H Witness my hand this 31st day of October 2007 /keel of Mortp6ee 1743587585 nn, v.oe feel le orm 3039 1101 et-61PA) tosoai VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 31st day of October, 2007 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security Instrument-) dated of even date herewith, given by the undersigned (herein "Borrower") to secure Borrower's Note to IPMorgan Chase Bank, N.A. (herein "Lender") and covering the Property described in the Security Instrument and located at 409 Market St New Cumberland, PA 17070 [Property Address] VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other. instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations, including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 18 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments, to said Title or Regulations. 1743587585 MULTISTATE VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER 0 538R(0405) 10103 Page 1 of 3 Initials: VMP Mortgage Solutions, Inc. (800)521-7291 LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four per centum (4%) of the overdue payment when paid- more than fifteen (15) days after the due date thereof to cover the extra expense involved in handling delinquent payments, but such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full amount within 60 days from the date that this loan would normally become eligible for such guaranty committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U.S. Code "Veterans Benefits," the Mortgagee may declare the indebtedness hereby secured at once due and payable and may foreclose immediate] or may exercise an other rights hereunder or take any other proper action as by law prove TRANSFER OF THE PROPERTY: This loan may be declared immediat ue and payable u transfer of the property securing such loan to any transferee, unless he acceptability of assumption of the loan is established pursuant to Section 3714 o apter 37, Title United States Code. An authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION UNDING FEE: A fee equal to One-half of I percent ( .50 %) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs: If the assumer fails to pay this fee at, the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waived if the assumer is exempt under the provisions of 38 U.S.C. 3729 (c). (b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption of this loan, a processing fee may be charged by the loan holder or its authorized agent for determining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies. (c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assumer hereby agrees to assume all of the obligations of the veteran under the terms of the instruments creating and securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument. 1743587585 Initials: 538R (0405) Page 2 of 3 IN WITNESS WHEREOF, Borrower(s) has executed this VA Guaranteed Loan and Assumption Policy Rider. -Borrower Bruce Warr Borrower -Borrower is W -Borrower Borrower Borrower -Borrower -Borrower 1743587585 Qt-538R (0405) Page 3 of 3 LEGAL DESCRIPTION-SCHEDULE A ALL THAT CERTAIN pieces or parcel of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows to wit: BEGINNING at a point on the easterly line of Market Street one hundred feet north of the intersection formed by the northerly line of Fourth Street, with the easterly line of Market Street, sold point being the northerly line of Lot No. 73, as shown on the General Plan of the Borough of New Cumberland aforesaid; thence, at right angles to Market Street and along the northerly line of Lot No. 73, in and easterly direction, one hundred fifty (150) feet to the westerly line of a sixteen (16) feet wide alley; thence, by the westerly line of said sixteen (10) feet wide alley, nouthwardly on a line parallel with Market Street, a distance of twenty-two and one-half (22-1/2) feet to a point still on the westerly line of said alley; thence, westwardly one hundred fifty (150) feet to the easterly line of Market Street; and thence, southwardly along the easterly line of Market Street, a distance of twenty-two and one-half (22-1/2) feet, more or less, to the northerly line of Lot No. 73, first mentioned, the point or place of BEGINNING. BEING the southeasterly twenty-two and one-half (22-1/2) feet of Lot No. 74, as shown on the General Plan of the Borough of New Cumberland aforesaid. HAVING been erected o single two and one-half (2-1/2) story frame dwelling house known and numbered as 409 Market Street, New Cumberland, Pennsylvania. UNDER and subject to easements, restrictions, reservations, conditions and rights-of-way of record. BRING the some premises which Michael O. Patrick and Melanie K. Patrick, his wife by deed dated September 20, 2001 and recorded September 111, 9004 In the Cumberland County Recorder of i?oed Office In Book 986, page 969, granted and convoyed unto Caleb A. Auchey and Tara L. Auohey, his wife. BEING the same premises which became vested in Bruce Warr and Georgia Warr by deed of Caleb A. Auchey and Tara L. Auchey, his wife, dated October 31, 2007, and recorded contemporaneously herewith in the Office of the Recorder of Deeds in and for Cumberland County. Parcel # 25-24-0813-043 (ALM07-001 11.PMALM07-00111 /82) EXHIBIT "C" CHF Loan No.: 1743587585 Prepared By: Grenen & Birsic, P.C. One Gateway Center, 9th Floor Pittsburgh, PA 15222 Return To: Grenen & Birsic, P.C. One Gateway Center, 9th Floor Pittsburgh, PA 15222 Parcel #: 25-24-0813-043 From Bruce Warr and Georgia Warr, Mortgagors ASSIGNMENT OF MORTGAGE To JPMorgan Chase Bank, N.A Mortgagee Mortgage Dated: October 31, 2007 Mortgage Recorded: November 27, 2007 Instrument Number: 200744173 in the Recorder's Office of Cumberland County, Pennsylvania. Amount: $131,191.00 I I 111iiiii For value received andntending to be eg lly bound hereby, JPMorgan Chase Bank, N.A. ("Assignor") does hereby this wP, _ day of L A-< , 2009, grant, sell, assign, transfer, set over and deliver Chase Home Finance LLC, s t Chase nhattan Mortgage Corporation, ("Assignee"), its successors and assigns, all right, title and interest of Assignor in and to the above-referenced Mortgage together with all of Assignor's rights, remedies, incidents and appurtenances as stated in the Mortgage and all of the right, title and interest of Assignor in the premises described in the Mortgage; and Assignor specifically assigns by this Assignment the debt instrument intended to be secured by the Mortgage. Assignor, its successors and assigns, is making this Assignment of Mortgage without any recourse, representation or warranties. In Witness Whereof, Assignor has caused this Assignment to be executed by its hand and seal, with authority therefore, the day and year first above written. ATTEST. MORGAN CHASE BANK, N.A. By: Whitney K. ook Stacy . S ohn--- tan retary Vlce Priesident Name: Title: Property Address: 409 Market Street, New Cumberland, PA 17070 Boro of New Cumberland COUNTY OF Franklin ) On this, the -- day o , 2009, before me, the undersigned officer, personally appeared n Who acknowledged himself to be the U&M president of JPMorgan Chase Bank, N.A., and that he, being authorized to do so, executed the foregoing Assignment of Mortgage for the purposes therein contained by signing the name of the corporation by himself as Mea president STATE OF Ml0 ) ss• It Witness Whereof, I hereunto set my hand and official seal. wow Wenona S. Church % Notary Public, State of Ohio ' My Commission Expires Notary Public 1ysT7T U,`? 09-26-12 of Certificate of Residence 1, Patricia A. Townsend, do certify that the Assignee's precise address is 3415 Vision Drive, Columbus, Ohio 43219. Commonwealth of Pennsylvania County of Cumberland Recorded on this day of ss: A.D. 2009, in the Recorder's Office of the said County, at Mortgage Book Volume Page Give under my hand and the seal of the said office the day and year aforesaid. WITNESS: Recorder ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200931205 Recorded On 9/4/2009 At 12:48:59 PM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 51849 User ID - MSW * Mortgagor - WARR, BRUCE * Mortgagee - CHASE HOME FINANCE LLC * Customer - GRENEN & BIRSIC * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $37.00 I Certify this to be recorded in Cumberland County PA ? ! o AI b RECORDER O D EDS i?ao * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IUIIINII01RIII?IN VERIFICATION Christina Trowbridge , Assistant Secretary, and duly authorized representative of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, deposes and says, subject to the penalties of 18 Pa. C.S.A Section 4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint are true and correct to his/her knowledge, information and belief. Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation uo--J?x Christina Trowbridge , Assistant Secretary Assistant Secretary 0 ? -r:ri? ?Py G-r E . 'iiv $178.So PA Ally e,281 I'l(. R ECBIYE D OCT - 12009 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ~11'~ d~ ~tflq~j,rff ter ~:F ~~ ~~ E ~~:~:i-r rid-~~ - . , ~: ?f-' I ,a ~ ~,,,, Chase Home Finance LLC vs. Bruce Warr ? ~C't:; ?2 f~ ~;~ ~;;; _ _ ;i Case Number 2009-6714 SHERIFF'S RETURN OF SERVICE 10/20/2009 07:41 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 1941 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Georgia Warr, by making known unto herself personally, at 409 Market Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/20/2009 07:41 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 1941 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Bruce Warr, by making known unto Georgia Warr, wife of defendant at 409 Market Street New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $59.30 SO ANSWERS, October 21, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, vs. BRUCE WARR and GEORGIA WARR, Defendants. I hereby certify that the address of Plaintiff is: 3415 Vision Drive Columbus, OH 43219 CIVIL DIVISION ~ _~a. o ,, ;, T ~r". r.,, ~ ( ~'~ ~~ ~ NO.: 2009-6714-C1vi1 '~>~ ~ ~' ~ ° ~ _.r ~ o _ -..3 ~ == ~~~ ~ `~ - TYPE OF PLEADING i~ r ~ -r~ ~ - `-' r~ -- ~: w .. , -, PRAECIPE FOR DEFAUL T JUD'GM~1T (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 the last known address of Defendants is: 409 Market Street New Cumberland, PA 17070 GRENEN &BIRSIC, P.C. ~,r - .~, ~ A-~ s for laintiff Y Brian M. Kile, Esquire Pa. I.D. #89240 GRENEN &BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412)281-7650 s"/y~o 0 ~.~ a,~y cG ~ /16 714 ,Ply a,r~3 ~/ 3 P' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, vs. BRUCE WARR and GEORGIA WARR, Defendants. NO.: 2009-6714-Civil PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Bruce Warr and Georgia Warr, in the amount of $144,215.60, which is itemized as follows: Principal $129,041.35 Interest to 6/4/10 $ 10,067.57 Late Charges to 6/4/ 10 $ 441.11 Escrow Deficiency to 6/4/10 $ 1,309.95 Corporate Advances $ 113.50 Unapplied Funds ($ 107.88) Attorneys' Fees $ 850.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $144,215.60 with interest on the principal sum at the rate of $23.42 per diem (as may change from time to time in accordance with the terms of the Note) from June 4, 2010, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. Kristine M. Anth u, Esquire Attorney for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants were not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this ~ day of ~ 4 ,~U ~ 2010. Notary Public __~__ `~QMMONWEALTH OF PENNSYLVANIA Notarial Seal ~~~ Patricia A. Townsend, Notary Public ' Cihj ~ Pittsburgh, Allegheny Count 1Ry Commission Expires June 2, 2011 '~9~m~~e;, Pennsylvania Association of Notaries IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUN"fY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff, vs. BRUCE WARR and GEORGIA WARR, Defendants. "f0: Bruce Warr 409 Market Street New Cumberland, PA 17070 DATE OF NOTICE: May 27, 2010 NO.: 09-6714 Civil "Term IMPORTANT NOTICE YOU ARE fN DEFAULT BECAUSE YOU HAVE FAILED "f0 ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 or Toll Free (800) 990-9108 GRENEN & BIRSIC, P.C. FIRST CLASS MAiL, POSTAGE PREPAID ~ : ~~4 Y~ Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff, vs. BRUCE WARR and GEORGIA WARR, Defendants. "TO: Georgia Warr 409 Market Street New Cumberland, PA 17070 DATE OF NOTICE: May 27, 2010 NO.: 09-6714 Civil Term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 or Toll Free (800) 990-9108 GRENEN & BIRSIC, P.C. FIRST CLASS MAIL, POSTAGE PREPAID Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, Plaintiff, NO.: 2009-6714-Civil vs. BRUCE WARR and GEORGIA WARR, Defendants. NOTICE OF ORDER. DECREE OR JUDGMENT TO: Bruce Warr 409 Market Street New Cumberland, PA 17070 ( )Plaintiff (XX) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on (~~ y~ /6 ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $144,215.60 with interest on the principal sum at the rate of $23.42 per diem (as may change from time to time in accordance with the terms of the Note) from June 4, 2010, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. eputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, Plaintiff, NO.: 2009-6714-Civil vs. BRUCE WARR and GEORGIA WARR, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Georgia Warr 409 Market Street New Cumberland, PA 17070 ( )Plaintiff (XX) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ~p- ~- /~ ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $144,215.60 with interest on the principal sum at the rate of $23.42 per diem (as may change from time to time in accordance with the terms of the Note) from June 4, 2010, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. De uty r p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECH'E FOR WRIT OF EXECUTION Caption: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation vs. Bruce Warr and Georgia Warr ( )Confessed Judgment (X) Other (Default Judgment) File No. 2009-6714-Civil Amount Due $144,215.60 Interest $ 4,614.32 (6/5/10 to saleZ Atty's Comm Costs TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs, upon the following described property of the defendant(s) ,, ,, © ._ lJ 409 Market Street New Cumberland PA 17070 ~. '~ ~ c~ c: 1"1 -» -.,-. (Please see attached leeal description) -- ~`"'~" , ~,- ~ , -.:, ~ ~~ C~r .c- i ~ ,rT;, PRAECIPE FOR ATTACHMENT EXECUTION • • ~ ~A , Issue Writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ^ (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date ~f'~i tl~i a Signature: ' L ~t.. ' ~,c_ .~it_ .G ~. ~',~, y, OD ~~ a.tf y Print Name: Kristine M. Anthou ~ ~ /~ 96 y Address: One Gatewav Center, 9~' Floor 6t-~ oL`/3 93 ~ Pittsburgh, PA 15222 s7~, so ~sd-s l3 ~ ~' S9 - 3 a `` `` Attorney for: Plaintiff ~ ~ y, po `• Telephone: (412) 281-7650 r ~'• sd '° ~ ~y Supreme Court ID No.: 77991 ~l l ~ ; 3 ~S p'~ ~~~/ (over) ~ ~, 4'0 ~D u.-c.. G o s;SO ,a u c ~L IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase CIVIL DIVISION Manhattan Mortgage Corporation, Plaintiff, NO.: 2009-6714-Civil vs. BRUCE WARR and GEORGIA WARR, Defendants. LONG FORM DESCRII'TION ALL THAT CERTAIN pieces or parcel of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows to wit: BEGINNING at a point on the easterly line of Market Street one hundred feet north of the intersection formed by the northerly line of Fourth Street, with the easterly line of Market Street, said point being the northerly line of Lot No. 73, as shown on the General Plan of the Borough of New Cumberland aforesaid; thence, at right angles to Market Street and along the northerly line of Lot No. 73, in an easterly direction, one hundred fifty (150) feet to the westerly line of a sixteen (16) feet wide alley; thence, by the westerly line of said sixteen (16) feet wide alley, northwardly on a line parallel with Market Street, adistance of wenty-two and one-half (22-1/2) feet to a point still on the westerly line of said alley; thence, westwardly one hundred fifty (150) feet to the easterly line of Market Street; and thence, southwardly along the easterly line of Market Street, a distance of twenty-two and one-half (22-1/2) feet, more or less, to the northerly line of Lot No. 73, first mentioned, the point or place of BEGINNING. BEING the southeasterlytwenty-two and one-half (22-1/2) feet of Lot No. 74, as shown on the General Plan of the Borough of New Cumberland aforesaid. HAVING BEEN ERECTED a single two and one-half (2-1/2) story frame dwelling house known and numbered as 409 Market Street, New Cumberland, Pennsylvania. UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights-of--way record. BEING KNOWN as Parcel #25-24-0813-043. BEING the same premises which Caleb A. Auchey and Tara L. Auchey, husband and wife, by Deed dated October 31 2007 and recorded in the Office of the Recorder of Deeds of Cumberland County on November 27 2007, at Instrument Number 200744172, granted and conveyed unto Bruce Warr and Georgia Warr. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, vs. BRUCE WARR and GEORGIA WARR, Defendants. NO.: 2009-6714-Civil AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) n ~ .~:, c~ ~, -~-, -.., cT ~ c__. - - ~., ~ -...a ; ~ ?' :~= , ,. _ -~ -~- ~~ • ~ Q ~: , Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 409 Market Street, New Cumberland, PA 17070 are Defendants, Bruce Warr and Georgia Warr, who reside at 409 Market Street, New Cumberland, PA 17070, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS _~ DAY OF~_,~ 2010. Notary Public COMMONWEALTH OF PENNSYLYANb4 Pt+ibYOi~ A Towraend, NAY PubAc City of Pitf~burgh, Ap~g11N1y Cew Commie~fon ~ 2, ~ t ~r, nneylv~nl~ Nohr1N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, Plaintiff, NO.: 2009-6714-Civil VS. ~ o BRUCE WARR and GEORGIA WARR i'~ - 0 c - r ~ ~; , Defendants. ~ ~:_ ~ ~ ~~ -~ `-~' , .~- ~ ~ _ _ _ ,~ AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974 T ~=~ 41 P.S.101 ET. O. ~' =~~ AND ACT 91 OF 1983 rn -< COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on February 1, 2009 and August 27, 2009, Defendants, Bruce Warr and Georgia Warr, respectively, were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notices") in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. Plaintiff was not required to send Defendants separate Notices of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of sending the Act 91 Notices. SWORN TO AND SUBSCRIBED BEFORE ---__ ME THIS ~_ DAY OF ~~r.Q ~ 2010. Notary Public ~MM~NWEA,_LTH OF PENNSYLVANIA NotaHal 8ql Patriola A. Townsend, Notary Publ~ CNy of Pldaburph, Alleplwny COmrtlbatOn rsa June 2 ~~ , naylvan Aasodatbn of Nofarbs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, VS. BRUCE WARR and GEORGIA WARR, Defendants. NO.: 2009-6714-Civil AFFIDAVIT PURSUANT TO RULE 3129 1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) n o C © `z~ ' Tl ~;, ~~ --s . > _, ~ c i,_ , .. -ts , - .- c~ -- ' ,-- ~ ~ r~ ..~ cs, ....c Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 of Bruce Warr and Georgia Warr located at 409 Market Street, New Cumberland, PA 17070 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRUCE WARR AND GEORGIA WARR OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 409 MARKET STREET, NEW CUMBERLAND, PA 17070. INSTRUMENT NUMBER 200744172. PARCEL #25-24-0813-043. 1. The name and address of the owners or reputed owners: Bruce Warr 409 Market Street New Cumberland, PA 17070 ,~ Georgia Warr 409 Mazket Street New Cumberland, PA 17070 2. The name and address of the Defendants in the judgment: Bruce Warr 409 Mazket Street New Cumberland, PA 17070 Georgia Warr 409 Mazket Street New Cumberland, PA 17070 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC, s/b/m/t Chase [PLAINTIFF) Manhattan Mortgage Corporation 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC, s/b/m/t Chase [PLAINTIFF] Manhattan Mortgage Corporation 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfaze P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: NONE . ~ I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Kris 'ne M. Anthou, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS _~ ~'" DAY OF S p ~C~ ~ 2010, nQ0`o~ ~u=U~ stn Oti.C~ Notary Public COMMONlNEALTH OF PENNSYLVANIA NoleAd Bed ~atncw A. Towneend~ ~ Ctly~p e JurN 2, ZO 11 Not~rls~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION NO.: 2009-6714-Civil Plaintiff, vs. BRUCE WARR and GEORGIA WARR, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Bruce Warr n N c ~~ ° o ~'~ ~ r~} '~ - ~ 409 Market Street New Cumberland, PA 17070 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 pn December 8,.2010, at 10:00 A.M., the following described real estate, of which Bruce Warr and Georgia Warr are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRUCE WARR AND GEORGIA WARR OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 409 MARKET STREET, NEW CUMBERLAND, PA 17070. INSTRUMENT NUMBER 200744172. PARCEL #25-24-0813-043. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, vs. Bruce Warr and Georgia Warr, Defendants, at Execution Number 2009-6714-Civil in the amount of $148,829.92. A Schedule of Distribution will be filed by the Office of the Sheriffno later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By:~~~-ate.-~-~ c~'~GC,t-c,C. o~ Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase CIVIL DIVISION Manhattan Mortgage Corporation, Plaintiff, NO.: 2009-b714-Civil vs. BRUCE WARR and GEORGIA WARR, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN pieces or parcel of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows to wit: BEGINNING at a point on the easterly line of Market Street one hundred feet north of the intersection formed by the northerly line of Fourth Street, with the easterly line of Market Street, said point being the northerly line of Lot No. 73, as shown on the General Plan of the Borough of New Cumberland aforesaid; thence, at right angles to Mazket Street and along the northerly tine of Lot No. 73, in an easterly direction, one hundred fifty (150) feet to the westerly line of a sixteen (16) feet wide alley; thence, by the westerly line of said sixteen (16) feet wide alley, northwazdly on a line parallel with Market Street, adistance of wenty-two and one-half (22-1/2) feet to a point still on the westerly line of said alley; thence, westwazdly one hundred fifty (150) feet to the easterly line of Market Street; and thence, southwazdly along the easterly line of Market Street, a distance of twenty-two and one-half (22-1/2) feet, more or less, to the northerly line of Lot No. 73, first mentioned, the point or place of BEGINNING. BEING the southeasterly twenty-two and one-half (22-1/2) feet of Lot No. 74, as shown on the General Plan of the Borough of New Cumberland aforesaid. HAVING BEEN ERECTED a single two and one-half (2-1l2) story frame dwelling house known and numbered as 409 Mazket Street, New Cumberland, Pennsylvania. UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights-of--way record. BEING KNOWN as Parcel #25-24-0813-043. BEING the same premises which Caleb A. Auchey and Tara L. Auchey, husband and wife, by Deed dated October 31 2007 and recorded in the Office of the Recorder of Deeds of Cumberland County on November 2? 2007, at Instrument Number 200744172, granted and conveyed unto Bruce Warr and Georgia Warr. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, CIVIL DIVISION NO.: 2009-6714-Civil vs. BRUCE WARR and GEORGIA WARR, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Georgia Warr 409 Market Street New Cumberland, PA 17070 t~ ~ ~;, © -Tl ':~. "7 ~ ~~: ~' S`t"f ~ _, - _ _ _ w F74~ ~' ;a~s~ : _~ ' t:- TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 on December 8, 2010, at 10:00 A.M., the following described real estate, of which Bruce Warr and Georgia Warr are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF BRUCE WARR AND GEORGIA WARR OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 409 MARKET STREET, NEW CUMBERLAND, PA 17070. INSTRUMENT NUMBER 200744172. PARCEL #25-24-0813-043. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, vs. Bruce Warr and Georgia Warr, Defendants, at Execution Number 2009-6714-Civil in the amount of $148,829.92. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/blm/t Chase CNII, DIVISION Manhattan Mortgage Corporation, Plaintiff, NO.: 2009-6714-Civil vs. BRUCE WARR and GEORGIA WARR, Defendants. LONG FORM DESCRIPTION ALL THAT CERTAIN pieces or parcel of land situate in the Borough of New Cumberland, County of Cumberland and State of Pennsylvania, bounded and described as follows to wit: BEGINNING at a point on the easterly line of Market Street one hundred feet north of the intersection formed by the northerly line of Fourth Street, with the easterly line of Market Street, said point being the northerly line of Lot No. 73, as shown on the General Plan of the Borough of New Cumberland aforesaid; thence, at right angles to Market Street and along the northerly line of Lot No. 73, in an easterly direction, one hundred fifty (150) feet to the westerly line of a sixteen (16) feet wide alley; thence, by the westerly line of said sixteen (16) feet wide alley, northwazdly on a line parallel with Market Street, adistance of wenty-two and one-half (22-1/2} feet to a point still on the westerly line of said alley; thence, westwazdly one hundred fifty (150) feet to the easterly line of Mazket Street; and thence, southwazdly along the easterly line of Market Street, a distance of twenty-two and one-half (22-1/2) feet, more or less, to the northerly line of Lot No. 73, first mentioned, the point or place of BEGINNING. BEING the southeasterly twenty-two and one-half (22-112) feet of Lot No. 74, as shown on the General Plan of the Borough of New Cumberland aforesaid. HAVING BEEN ERECTED a single two and one-half (2-1l2) story frame dwelling house known and numbered as 409 Market Street, New Cumberland, Pennsylvania. UNDER AND SUBJECT to easements, restrictions, reservations, conditions and rights-of--way record. BEING KNOWN as Pazcel #25-24-0813-043. BEING the same premises which Caleb A. Auchey and Tara L. Auchey, husband and wife, by Deed dated October 31 200? and recorded in the Office of the Recorder of Deeds of Cumberland County on November 27 2007, at Instrument Number 200744172, granted and conveyed unto Bruce Warr and Georgia Warr. GRENEN & BIRSIC, P.C. ~_ Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-6714 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC S/B/M/T CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff (s) From BRUCE WARR AND GEORGIA WARR (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$144,215.60 Interest $4,614.32 (6/5/10 TO SALE) Atty's Comm Atty Paid $178.30 Plaintiff Paid Date: JUNE 17, 2010 L.L. $.50 Due Prothy $2.00 Other Costs l Davi 11, rothonot (Seal) REQUESTING PARTY: By: Deputy Name KRISINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, P.C., ONE GATEWAY CENTER, NINTH FLOOR, PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991