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HomeMy WebLinkAbout10-0484LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 F , inr 2010 JAN 22 F"N I: oc, ATTORNEY FOR PLAINTIFF U.S. BANK N.A. ND 205 W. 4TH STREET, SUITE 500, CN-TX 05-Fl CINCINNATI, OHIO 45202 PLAINTIFF VS. PATRICIA A. MILES THOMAS E. MILES, SR. 223 PINE GROVE ROAD GARDNERS, PA 17324 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. /a - 41$ aCOMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense 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 800-990-9108 02 q4? .W ??Al? e0 s3ssd ;L-3 1, to IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD ,IT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF U.S. BANK N.A. ND COURT OF COMMON PLEAS 205 W. 4TH STREET, SUITE 500, CN-TX 05-Fl CIVIL DIVISION CINCINNATI, OHIO 45202 PLAINTIFF CUMBERLAND COUNTY VS. PATRICIA A. MILES NO. THOMAS E. MILES, SR. 223 PINE GROVE ROAD COMPLAINT IN GARDNERS, PA 17324 MORTGAGE FORECLOSURE DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. U.S. Bank N.A. ND (hereinafter referred to as "Plaintiff') is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof 2. Patricia A. Miles and Thomas E. Miles, Sr. (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendants and itself as Mortgagee by Assignment. The Mortgage, dated July 20, 2006, was recorded on August 7, 2006 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1961, Page 1914. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. Plaintiff is now the legal owner of the mortgage and in the process of formalizing an assignment of same. 4 5 6. 7. The Mortgage secures the indebtedness of a Note executed by Defendants on July 20, 2006 in the original principal amount of $103,000.00 payable to Plaintiff in monthly installments with an interest rate of beginning at 12.04%. A copy of the Note is attached and made a part hereof as Exhibit `B'. The land subject to the mortgage is 223 Pine Grove Road, Gardners, PA 17324. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. Patricia A. Miles is the Record Owner of the mortgaged property located at 223 Pine Grove Road, Gardners, PA 17324. The Mortgage is now in default due to the failure of Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $107,781.67 Interest to 1/20/2010 $9,918.97 Accumulated Late Charges $1,140.00 BPO/.Appraisal $95.00 Cost of Suit and Title Search $550.00 Attorney's Fees $1,300.00 TOTAL $120,785.64 8 9 plus interest from 1/21/2010 at $28.05 per day, costs of suit and attorney's fees. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency Mortgage Assistance were required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on July 30, 2009. A copy of the Notice is attached and made a part hereof as Exhibit `C'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $120,785.64 together with the interest from 1/21/2010 at $28.05 per day, costs of suit and attorney's fees. Law offices of Gregory Javardian BY: e ry v than Atto 0.55669 Attorney for Plaintiff EXHIBIT `A' I y .1 D 075 as (9 8"111 Up MIN: 100195910002611732 DEFINITIONS (Space Above This Line For Recording Dmal MORTGAGE Fords used in rttultiplC sections of this document art: defined below and other words are defined in Sections 3. 11. 13, 18, 20 and 21. Certain roles regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated July 20, 2006 together with all Riders to this document. (B) "Borrower" is PATRICIA A MILES and THOMAS E MILES SR, WIFE AND HUSBAND Borrower is the mortgagor under this Security Insmimcnt. (C) "MERS" is Mortgage Electronic Registmdon Systems. Inc. MERS is a separate corporation chatdeirs acting solely as a nominee for Lender and Lender's successors and as signs. M1tERS is the mortgagee un this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, \4148501.2026, tcl. (888) 679-MERS. (D) "Lender" is FIRST NLC FINANCIAL SERVICES, LLC Lender is a LIMITED LIABILITY COMPANY organized and existing under the laws of THE STATE OF FLORIDA . Lender's address is 700 W. HILLSBORO BLVD. B-1 0204, DEERFIELD BEACH, FLORIDA 33441 (I-) "Note" means the promissory note signed by Borrower and dated July 20, 2006 The Vote states that Borrower owes Lender One Hundred Three Thousand and no/100 Dollars (U.S. S 103,000.00.. ) plus interest. Borrower has promised to pay this debt in regular Periodic Payrne s and to pay the debt in full not later than August 01, 2036 (F) "Property" means the property that is described below tmder the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Vote, and all sunts due under this Security Instrument, plus interest. PENNSYLVANIA-single Family -Fannie hiae/Freddie hfac LA1tF0R.1f tNSTRUbtFNT Form 30391/01 rtEM 2760.( (001 t} -AlFpg (Pa e / O 16 OREATLANO • 3 of pa yes) TO Oroa CA 1.6D6•5,WO93 0 Far 616-791.1131 BK1961PG1914 (H) "Riders" means all Riders to this Security Instrument that ate executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): © Adjustable Rau Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? Other(s) (specify) ? 1-4 Family Rider ? Biweekly Payment Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that arc imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument. which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Stich term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for: (i) damage to, or destruction of, the Property. (ii) condemnation or other taking of all or any pan of the Property, (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage insurance' means insurance protecting Lender against the nonpayment of, or default on, the Loan. (U) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Scttkment Procedures Act ((2 U.S.C. §2601 ct seq.) and its implementing regulation, Regulation X (24 C.F.R. Pan 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, " RESPA" refers to all requirements and restrictions that are imposed in regard to a PENNSYLVANIA-Single Family -Fannie Mae/Freddie hire UNIFORM INSTRUMENT Form 30391/01 REMY)a42=I1)-AMRS (Poire2of16poSrs) ToOraerCoe.I.MS0.43B3Dhr6 ?NDt BK1961PG1915 -federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage Item" under RE-SPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligatioac under the Note and/or this Security Instrument. TR INSFL•R OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage. grant and convey to HERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of .HERS the following described property located in the County (Type of Recording Jutisdiction[ of CUMBERLAND [Name of Recording Jurisdiction) SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 223 PINE GROVE ROAD IStteey GARDNERS Pennsylvania 17324 [Cityl ('lip Code) ("Property Address-): TOGETHER WITH all the improvemcm now or hereafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that BIERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, BIERS (as nominee for Lender and Lender's successor,.; and assigns) has the right: to exercise any or all of those interests, including. but not limited to, the right to fom-closc and sell the Property; and to take any action requited of Lender including, but not limited to, releasing and canceling this Security Instrument. PENNSYLVANIA-Single Family-Fannie btae/Freddie M1tae V.%FORM 1NSTRUAlE.%t Form 30,191/01 ITEM Z,say root, F-MERS (Page 3 of 16 paged To ores C iii: i.M$30.9M oMtfi ,91 0 0 BX1961PG1916 BURROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage. grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a unidirm security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds fur Escrow items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to [.ender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other kwation as may he designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its wheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will he applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall he applied to catch Periodic Payment in the order in which it became dire. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more PtNNSYLVANIA-Singic Fauuly Fannie Mae/Freddie Mae MIF01M INSTRU111FNT ITEM 2760.4 001 t)-IiERS I Pag-, 4 of 16 pugrs) Form 30391/01 GA ATLAND • To at" C+11 1•lO?g3p •9:93 C F?,. 616.731 • S 131 BK1961PG1917 Periodic Payments, such excess may he applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance procecols, 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 Iterns. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the `rote is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section S; 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 arc called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues. Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrowers obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly. when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall firrnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrowers obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrd.%-''covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower faits to pay the amount due for an Escrow Item. Lender may exercise its rights tinder 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 IS and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified tinder RESPA, and (h) 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 expenditure's of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency. instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RE-SPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escmw Items, unless Lender pays Borrower interest of the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to PENNSYLVANIA-Single Family-Fannie Mae/Freddie brae ttNIFORM INSTRUMENT ITEM 276OLS toot q--MERS (Page S of 16 paSes) Form 30.W trot ro adAr Gl. l-$*59 -2M D Fi[ S 6-?9wNO31 BK1961PG1918 Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 13 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 anv Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Asxssments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in L.cndcr's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any pan of die Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Burrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate taut verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage." and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lcndcr's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination. certification and tracking services; or (b) a one-time charge for floodronc determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such deterniinatio n or certification. Borrower shall also be- responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lcndcr's option and Borrowers expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower. 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 Vote rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. PENNSYLVANIA-Single Family--Fannie NiaNFreddie Mac UNIFORM INSTRUSIVNIT Form 30391/01 rTEM 27601.6 (001 I )-WRS fPase 6 0116 puges) To "or U1 I•!00•SM-9397 0r2r616-791ND e BK1961PG1919 All insurance policies required by Lender and renewals of such policies shall Ix; subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee:. Lender shall have the right to hold the Policies and renewal certificates. If Lender requires. Burrower 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 destnrction of, the Property, such policy shall include a standard mortgage clause and shall name Lendcr as mortgagee and/or as an additional loss payee. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds. Lender shall not he required to pay Borrower any interest or earnings on stch proceeds. Fees for public adjusters, 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 be lessened, the inxttrance proceeds shall be applied to the sums secured by this Security Institment, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall he 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 platters. 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 riots to any insurance prcxvcds 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 Prttperty. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which arc beyond Bornowcr's control. 7. Preservation, Maintenance and Protection or the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is toot economically feasible. Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds arc paid in connection with damage to, or the taking of, the Property, Borrower shall be reslxonsihlc for repairing or restoring the Property only if Lender has released proceeds riot such purposes. Lender may disburse proceeds for the repairs and restoratkon in a single payment or in a series of progress payments as the work is PENNSYLVANIA-Single Family-Fannie MaeBreddie Mae UNIFORM INSTRUMENT Form 303#1101 RA 8 ITEM 276Q 7 (0011)-MEIN /Magi 7 of 16 pages) 'e 1kdv Col 1.100.530.9393 Ora . 616 791Ya -1131 BK1961PG1920 completed. If the insurance or condemnation prxctids are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause. Lender may inspect the interior of the improvements on the Property. Lcnoh:r shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall he in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residr:ncc. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agecments contained in this Security Instrument, (b) there is a legal preceding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations). or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instniment, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instnu icnt: (b) appearing in court; and (c) paying reasonable attorneys' fees to protect itc interest in the Property and/or right-. under this Security Instrument, including its secured position in a bankruptcy preceding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up dtxors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not tinder any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Vote rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the Loan, Burrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage insurance previously in effect, front 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 he 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, PE;NNSVt.VAN1A-Single Family- Fannie htadFreddie htac UNIFORM INSTRUMENT Form 30391/01 ITEM neae t0011 GRFATLANO ¦ }-HERB (Page 8 of )b pasts) To Omer CO: 1.6ppyX9393 War 616.721.1131 BK1961PG1921 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 -.he period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiuln5 for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the prcmiumc required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lcndcr's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing its 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 tle %otc) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other panics that share or modify their risk, or reduce losses. Thesc agreements arc on terms and conditions that arc satisfactory to the mortgage insurer and the other party (or parties) to these agreements. Thcsc agreements may require the mortgage insurer to make paynent% 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 ,Vote, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might he characterized ass) a portion of Borrower's payments for Mortgage Insurance. in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-if any-with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration Period, Lender shall have the; right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Under shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would to lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3039 l/Ot ITEM 276MO(OO1I)- HERS lPage 4 ? 16 PaSet) TDaetICA I-WO-5J0•ATA30fas?816.91?? BK1961PG1922 excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then duc, 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 he paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction. or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is hcgun 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 Instrum nt. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to he dismissed with a ruling that, in Lender's judgncnt, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lcndcr'% interest in the Property are hereby assigned and shall he paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amonization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation. Lender's acceptance of payments from third persons. entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. PENNSYLVANIA-Sin Sic Family Fannie Mae/Freddie Mac tlVlFORtlr INSTRUMENT Form 30391/01 REM 2760L10 (001: GREAT, AND ¦ --MEAS rPage 10 of In p"e5) 1001Caca+. 1-*31 -S3+93 az 616.79:•'31 BK 196 1 PG 1923'. 11 Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall he joint and several. However. any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instnument or the dote without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bormwer's obligations tinder this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not lx- released from Borrower's obligations and liability tinder this Sectttity Instrument unicss Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall hind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge let.-s that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum knin charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any stems already collected from Borrower which exceeded permitted limits will he refunded to Borrower. Leader may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to> Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall lx deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice: address if sent by other means. NOtiee U) 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 Borrowci s change of address. If Lender specifics 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 first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. lei. Governing Law; Severabitity; Rules of Construction. This Security Instnrment 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 Instrunxnt are subject to any requirements and limitations of PENNSYLVANIA-Single Family-Fannie Mae/Freddie Prat UNIFORM[ INSMUMENT rTEM 2160.11 O00 11r-HERS (Past- II of 16 Mes) Form 30.191/01 To Order Gr.1-8*53D-W23Dhar 616-T?IDe BK1961PG1924 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 he construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Vote conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall he given one copy of the Vote and of this Security Instrument. 1R Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 19, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for decd, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Properly is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without txndcr'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 cxLwiscs this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than .30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions. Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security instrument; (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 arc that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Vote as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) ceriiticd 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 rundds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no aeL leration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice or Grievance. The Vote or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that Lollects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing PENNSVLVANIA---Single Family Fannie Mae/Freddie Afae UNIFORM INSTRUMENT Form 30391/01 RF.M 276fL12 FOCI t}-MERE GREAILAND ¦ (Page 12 of /b pages) ToOrdet Car t•606.536.93S3CFaa 616•791.1131 SK1961PG1925 obligations under the Vote, this Security Instrument, and Applicable Law. There also might he one or more changes of the Loan Serviccr unrelated to a sale of the Note. If there is a change of the Loam Serviccr. Borrower will Ix: given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Serviccr other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Serviccr or be transferred to a successor Loan Servicer and are not ucsumed by the tote purchaur unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) 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 he deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable cc toxic petroleum products, toxic pesticides and herbicides, volatile solvents. materials containing asbestos or kmtialdchydc. and radioactive materials; (h) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release: any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law. (h) which creates an Environmental Condition, or (c) which, dice 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 tx appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower had actual knowledge, (h) any Environmental Condition, including but not limited to. any spilling, leaking. discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the. presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatM authority, or any private party, that any removal or other rcmediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA-,Single Faraly. Fannie MadFreddie Mae UNIFORM INSTRUMENT Form.36." V01 MY 27OW3 W i0 -VERi GAEAT ANO ¦ (Pugr l.t of 16 pugs) Tooldelcan I•M3mmg3ohs 6.6.791.1131 BK1961PG1926 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower or, among other things: (a) the default; (b) the action required to cure the default; (c) when the default mast be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale or the Property. Under shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs or title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence. Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money ,Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA-Single Family-F•anaie MadFreddie Mae UNIFORM INSTRLI.M.NT Form 30.14 diet ITEM 276011 4 (0011}-YEAS (Page !J of 16 GREI1TlAN0 i pagtil 100r0erral.I•1p6570.93470hz616a11•1131 8K1961PG1927 BY SIGNING BELOW. Borrower accepts and rgrces to the term` and covenants contained in pages 1 through 16 of this Security Instrument and in any Rider executed by Borrower and recorded with it. L.., A . -10 (Seal) (Seal) PATRICIA A MILES -Borrower THOMAS E MILES SR -Bo-rower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) Bc?r-rower -Borrower I Wi ss: Witncs. PENNS VL VANIA-Single Family-Fannie Mae/Freddie Mae U!4IFOR1.1 INSTRUMENT Form ..M39 Vol rTEM 2760. IS (00111-MFRS (Poge 13 of 16 page,) ToOroa Cae 1• .rb9?7i 61 7 D IN 8K1961PG1928 State of Pennsylvania County of CUMBERLAND On this the 20th THOMAS E MILES SR day of July 2006 , before me, the undersigned officer, personally appeared PATRICIA A MILES, known to me (or satisfactorily proved) to be the person(s) whose name(s) subscribed to the within instrument and acluiowledged that executed the same for the purposes therein contained. IN WITNESS WHEREOF. I hereunto set my hand and official seal. COMMOW RALTH 0- ama" NMSYIVAfWA A, rune Twp„ Ovkpn C* Ca"rneac" EOOO,Aoie 15.2 ly Member. PannsyNania aocfation of Nolariaa After Recording Return To: FIRST NLC FINANCIAL SERVICES, LLC 700 W. HILLSBORO BLVD. B-1$204 DEERFIELD BEACH, FLORIDA 33441 1110k1'r-14 Pj-v) _ Title of Officer My commission expires: CERTIFICATE OF RESIDENCE 1. Scott Taylor do hereby certify that the correct address of the within named lender is 700 W. HILLSBORO BLVD. B-1 #204, DEERFIELD BEACH, FLORIDA 33441 Witness my hand this 20th day of July 2006 f Agent of -,e PENNSYLVANIA-Single Far-ily- Fannie Mse/Freddie Mac UNIFORM INSTRUME\T Form 30391/01 REM Z76QS610011}-HERB {po a 16 of 16 pages; T OREATtAND • 3 oOraveia 1•a30-53t3-M93CF7r616-791.1131 BK1961PG1929 ADJUSTABLE RATE RIDER (LIBOR Six-Month Index (As Published In Tile Wall Street Journal)--Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 20th day of July 2006 and is incorporated into and shall be deemed to amend and supplement the Mortgage. Decd of Tnist. or Security Deed (the ':Security Instrument') of the same date given by the undersigned (''Borrower') to secure Borrower's Adjustable Rate Note (the "Note") to FIRST NLC FINANCIAL SERVICES, LLC (" Lendcr'") of the same date: and covering the property described in the Security Instrument and located at: 223 PINE GROVE ROAD GARDNERS, PA 17324 (Ruperty Address) THE NOTE: CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTE;REsT RATE AND THE MONTHLY PAYMENT. THE VOTE; LIMI'T'S THE AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONETIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 12.0400%. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RA'Z'E: AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of August 2009 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change lyatc, my interest rate will he based on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR-'), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." MULTISTATE ADJUSTABLE RATE RID! R-LIBOR SIX-MONT11 INDEX (AS PUBLISHED IV 77rF- WA1.l.STRFr.T JOURNAL)-Single Family 302NO60S6 (Page / of 3 pages) 100195910002611732 FNLI Form 33032L 10405M) 8K1961PG1930 If the Index is no longer available, the Note Holder will chox)w a new index that is based upon comparable information. The Vote Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Mote Holder will calculate my new interest rate by adding Seven and One Half percentage points ( 7.5000%) to the Current Index. Subject to the limits stated in Section 4(D) below, this amount will be my new interest rate until the next Change Date. The Vote Holder will then deterttune the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Datc in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not he greater than 15.0400% or less than 12.0400%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One and One Half percentage points ( 1.5000%) from the rate of interest 1 have been paying for the preceding six months. My interest rate will never be greater than 19.0400% or less than 12.0400%. (E) Effective Date of Changes fly new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include: information required by law to be given me to and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section IN, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for decd, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without l cnder's prior written consent, Lender may require immediate payrrwnt in full of all sums secured by this Security Instrument. However, this option shall not he exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if. 100195910002611752 IPage 2 of 3 pagesI F V, C F0,m 7f032Q t0dVM5) BK1961PG1931 (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee. and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Vote and in this Security Instrument. Borrower will continue to be obligated under the Vote and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full. Lender shall give Bcxrower notice of acceleration. The notice shall provide a period of not Icss than 30 days from the date the notice is givers in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in pages 1 through 3 of this Adjustable Rate Rider. PATR (Seal) 7 (Seal) 1CIA A MILES •Bwmwer THOMAS E MILES SR -Borrower -(Seal) -Bormwer (Seal) -Borrower 100195910002511732 (Past 3 oj3 pasts) -(Seal) Borrawer -(Seal) -Harrower FNLC Farm 33032L3 104052005) SK1961PG1932 ' n FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE C DESCRIPTION File No. 0287 Commitment No. 0287 See Attached Exhibit A Property Parcel Number 08-38-2172.016 ALL THAT CERTAIN lot of ground with the improvements thereon erected situate at Tolland, Dickinson Township, Cumberland County, Pennsylvania, being designated on a "Plan of Lots of Tolland", entered for record in the Office of the Recorder of Deeds for Cumberland County, in Plan Book No. 3, Page 68, which lot herein conveyed is designated on said Plan of Lot No. 16, with dimensions as marked on the Plan. Together with the use of the common land between the lots and the Public road, and the use of the well and pump on the common land, along with other lot owners. 1 Certify this In Cumber . 8K1961PGi933 EXHIBIT `B' M ADJUSTABLE RATE NOTE (LIBOR Six-Month Index (As Published In The Wall Streel Journal}-Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. July 20,1006 HARRISBURG Pennsylvania [Dale] [city] (statel 223 PINE GROVE ROAD GARDNERS, PA 17324 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $103,000.00 (this amount is called "Principal']. Plus interest, to the order of Lender. Lender is FIRST NLC FINANCIAL SERVICES, LLC I will make all payments under this Note in the form of cash, check or money otter. I understand that Lender may transfer this Note. Lender or anyone who tapes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 12.0400%. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on September 01, 2006 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 August 01, 2036 I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at FIRST NLC FINANCIAL SERVICES, LLC 700 W. HILLSBORO BLVD. B4 9204, DEERFIELD BEACH, FL 33441 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 1,062.64 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. MULTISTATE ADJUSTABLE RATE NOTE-LIBOR SIX-MONTH INDEX (AS PUBLISHED IN THE WALL STREET JOURNAL}- Single Family 302006096 (Page 1 af4 pager) FNLC FWm 3301k1 (0106M) 100189910002811732 r w 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the fast day of August 2009 and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the fast Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market C'LIBOR'), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. 'Me Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Seven and One Half percentage points ( 7.5000%) to the Current Index. Subject to the limits stated in Section 4(D) below, this amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Latrits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 15.0400% or less than 12.0400%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by mote than One and One Half percentage points ( 1.5000%) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 19.0400% or less than 12.0400%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (I) Notice of Changes The Note Holder will deliver or mall to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY THIS SECTION IS SUPERCEDED BY THE ATTACHED PREPAYMENT RIDE I have the right to make payments of principal at any time before they are due. A payment of Principal only is (mown as a "Prepayment:' When I make a Prepayment. I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not trade all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment. titre will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial PrepaymenL However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any stems already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 100195910002611732 (Pa8e2ofapages) FNLCFpm33019L2 p4ofim) w w 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Ten calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000% of my overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment. (B) Default If 1 do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holler does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has requited 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. 9. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by fast class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Now Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by fast class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. 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 fall amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Now The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be requited to pay all of the amounts owed under this Note. 10. WAIVERS I and any ocher person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the tight to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the saute date as this Note, protects the Note Holder from possible losses that might result if I do not keep the promises that 1 make in this Note. That Security Instrument describes how and under what condition I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions read as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the mausfer of tide by Borrower at a future date to a purchaser. 100195 910002611732 (Page 3 oj1 pogef) Ft0.e vane 33ota13 (040= N) 40 a If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security lnstrumem. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option i£: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably detertnines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in ibis Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security InsnmenL Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full. Lender shall give Borrower notice of acceleration. The mice shall provide it period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Borrower has executed and acknowledges receipt of pages I through 4 of this Note. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED AiLrrY 4 2f n (Seal) ?? - (e,•- (Seal) PATRICIA A MILES -Borrower THOMAS E MILES SR -Bomwer (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower -(Seal) -Borrower ISign Original Only] 10019SOl OW261IT32 (Page 4 of 4 yarn) FMC F 33019LA 404052DO61 to w PREPAYMENT RIDER ATTACH TO NOTE This Prepayment Rider is made this 20 day of July, 2006, and is incorporated into and shall be deemed to amend and supplement the note of even date herewith given by the undersigned ("Borrower') to FIRST NLC FINANCIAL SERVICES, LLC ("Lender") in the original principal sum of $103,000.00 hereinafter called the "Note", which Note is secured by the Security Instrument of even date herewith, hereinafter called the "Mortgage", which Mortgage covers the property described as follows: See Attached Legal Description ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Note, the Borrower and Lender further covenant and agree as follows: PREPAYMENT. Unless otherwise prohibited by law, the Note may be prepaid in whole or in part during the first THIRTY-SIX MONTHS, provided a prepayment penalty equal to 5% of the prepaid principal balance is paid simultaneously therewith. Thereafter the principal balance may be prepaid in whole or in part with no penalty. CONFLICT IN PROVISIONS. In the event that any of the terms, conditions and covenants contained in this Prepayment Rider shall be in conflict with any terms, conditions and covenants contained in the Note, the terms, conditions and covenants In this Prepayment Rider shall supercede and control those contained in the Note. BY SIGNING BELOW, the Borrower accepts and agrees to the terms and covenants contained In this Prepayment Rider. (Seel) -me- (seal) PATRICIA A MILES THOMAS E MILES SR (Seal) (Sean (Sean 100195910002611732 (seen PA FNLG P(SM Rk1W 5%-3&NhAoc 30nWOM N ES EXHIBIT ` C' (Rev. 9/2008) ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: July 30, 2009 PATRICIA A. MILES 223 PINE GROVE ROAD GARDNERS, PA 17324 THOMAS E. MILES SR. 223 PINE GROVE ROAD GARDNERS, PA 17324 This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM MMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. e•? SEN DE RS RECORD HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: PATRICIA A. MILES AND THOMAS E. MILES SR. 223 P GROVE ROAD, GARDNERS, PA 17324 MERS, AS NOMINEE FOR FIRST NLC FINANCIAL SERVICES, LLC U.S. BANK, N.A. ND HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY- THREE (331 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POST1KAM DATE OF THIS NOTICE AND FILE AN APPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROMSTARTINGA FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE' YOUIIAVE THE RIGHT TO FILEA HEMAPAPPLICA77ONEVENBEYOAD THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSUREACTION, BUT IF YOUR APPLICATIONIS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING, PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (IF YOU HAVE FILED BANKRUPTCY YOU CAN STILL APPLY FOR EMERGENCY MORTGAGE ASSISTANCE.) HOW TO CURE YOUR MORTGAGE DEFAULT BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 223 PINE GROVE ROAD, GARDNERS, PA 17324 is SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due from 3/1/09 through 7/1/09 in the amount of $1,336.71 per month: Monthly Payments Plus Late Charges Accrued: $7,549.95 Advances/Escrow: $3,806.78 BPO/Appraisal: $95.00 (Suspense) ($687.36) TOTAL AMOUNT TO CURE DEFAULT $10,764.37 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.) HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10,764.37, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH MAY BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: US Bank, N.A., 205 West Fourth Street, Cincinnati, OH 45202. Contact: Kelly Rothert You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortzazed Property. IF YOUR MORTGAGE IS FORECLOSED UPON - The Mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all the reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to nay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up tone hour before the Sheriff s Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this Notice. A notice of the actual date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER - US Bank, N.A. 205 West Fourth Street Cincinnati, 01145202 Tel.: (513) 639-6540 Attention: Kelly Rothert EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ may or XX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Gregory Javardian LAW OFFICES OF GREGORY JAVARDIAN ATTORNEY FOR LENDER CC: PENNSYLVANIA HOUSING FINANCE AGENCY -VIA EMAIL - Act91 &a ph&,oM IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. CUMBERLAND COUNTY Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. kctc U.S. Bank N.A. ND SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 10011%, of 4umb, ".f OFFICE ^F ThE c ?RIFC Ti-il Jody S Smith Chief Deputy Edward L Schorpp Solicitor 2r,10 Ji'ili C1 }',F! J 4.? US Bank NA vs. Patricia A. Miles Case Number 2010-484 SHERIFF'S RETURN OF SERVICE 01/25/2010 08:08 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2010 at 2008 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Patricia A. Miles, by making known unto Thomas E. Miles Sr., Husband of defendant at 223 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. 01/25/2010 08:08 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 25, 2010 at 2008 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Thomas E. Miles Sr., by making known unto himself personally, at 223 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $53.90 January 26, 2010 OY WERS, R ANDE RSON, SHERIFF By 0"& Deputy Sheriff (c GountySulte Sheriff. Teieosoft. Inc. OF THE PLPROTlt ? OTARY LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 U.S. BANK N.A. ND 205 W 4TH STREET, SUITE 500 CN-TX 05-Fl CINCINNATI, OHIO 45202 vs. PATRICIA A. MILES THOMAS E. MILES, SR. 223 PINE GROVE ROAD GARDNERS, PA 17324 2010 MAR -4 PM 3: 15 Pi:J`ZZALVA\41A COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-484 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PATRICIA A. MILES and THOMAS E. MILES, SR., Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint Interest 1/21/10 to 3/3/10 TOTAL $120,785.64 1,150.05 $121,935.69 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. GRE Y JAVARDIAN, ESQUIRE Atto y or Plaintiff Damages are hereby assessed as indicated. DATE: /?la..GLt ?6 PRO PROTHY qh% U.S. BANK, N.A., ND In The Court of Common Pleas Plaintiff V. Cumberland County PATRICIA A. MILES No. 10-484 CV THOMAS E. MILES, SR. Defendants TO: PATRICIA A. MILES THOMAS E. MILES, SR. 223 PINE GROVE ROAD GARDNERS, PA 17324 DATE OF NOTICE: FEBRUARY 17, 2010 NOTICE, RULE 237.1 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 se forth against you. Unless you act within ten (10) days from the date of this notice, a judgment maybe entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 Gregory Javardian, Esquire 1310 Industrial Boulevard I" Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dial de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" J % LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215 942-9690 U.S. BANK N.A. ND COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY PATRICIA A. MILES No.: 10-484 CIVIL TERM THOMAS E. MILES, SR. VERIFICATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendant(s), PATRICIA A. MILES and THOMAS E. MILES, SR., is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, PATRICIA A. MILES, is over 18 years of age, and resides at 223 PINE GROVE ROAD, GARDNERS, PA 17324. (c) Defendant, THOMAS E. MILES, SR., is over 18 years of age, and resides at 223 PINE GROVE ROAD, GARDNERS, PA 17324. (d) Plaintiff, U.S. BANK N.A. ND, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 205 W 4TH STREET, SUITE 500 CN-TX 05-17I, CINCINNATI, OHIO 45202. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. GREG JAVARDIAN, ESQUIRE .. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U.S. BANK N.A. ND COURT OF COMMON PLEAS 205 W. 4TH STREET SUITE 500, CN-TX OS-FI CUMBERLAND COUNTY CINCINNATI, OHIO 45202 No.: 10-484 CIVIL TERM vs. PATRICIA A. MILES THOMAS E. MILF,S, SR. 223 PINE GROVE ROAD GARDNERS, PA 17324 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 3/3/10 to Date of Sale @ $20.04 per diem Subtotal (Costs to be added) ~'~.oo pA Arr/ 53.90 ~ qa. oo I'~ . pp ~. a .~o ., 18~. 40 - Pa AYH $ a.oo Q,ue (a • ~ U. C~ 5470 ~ a~3~8 >~ ~. $121,935.69 ~~}~!' Z01~ JUN -2 Pfi1 I: 4p CUM~?~~~~a.:~ J t.~rJUMY P~1`~dr'SYLV~~~ll~ GR ~ J RY JAVARDIAN, ESQUIRE At rn ' for Plaintiff I. . #55669 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 ALL THAT CERTAIN lot of ground with the improvements thereon erected situate at Toland, Dickinson Township, Cumberland County, Pennsylvania, being designated on a "Plan of hots of Toland," entered for record in the Office of the Recorder of Deeds for Cumberland ('ounty, in Plan Book No. 3, Page 68, which lot herein conveyed is designated on said Plan as Lot No. 16, with dimensions as marked on the Plan. Together with the use of the common land between the lots and Public road, and the use of the well and pump on the common land, along with other lot owners. BEING known as 223 PINE GROVE ROAD, GARDNERS, PA 17324 BEING the same premises which Christian S. Rice, single person and Janelle M. Keiter, single person, by Deed dated July 20, 2006 and recorded August 7, 2006 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 276 Page 219 granted and conveyed unto Patricia A. Miles, single person. PARCEL NO.: 08-38-2172-016 • i~ S. BANK N.A. ND vs. PATRICIA A. MILES "THOMAS E. MILES, SR. COi1R'T OI' COMMOPJ PLEAS CUMBF;RLAND COUN"I~Y No.: 10-484 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 223 PINE GROVE ROAD, GARDNERS PA 17324: 1. Name and address of Owner(s) or reputed Owner(s): Name PATRICIA A. MILES Last Known Address (if address cannot be reasonably ascertained, please indicate) 223 PINE GROVE ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: PATRICIA A. MILES 223 PINE GROVE ROAD GARDNERS, PA 17324 THOMAS E. MILES, SR. 223 PINE GROVE ROAD GARDNERS, I'A 17324 m ~'' '~:. ~' t_.. ~,~ ,~> -< f.4 C L' N c_. 'a a r- --.~ rn ~~ , ~~ ~~ =•c 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-338"7 Health and Welfare Building -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 'Tenants/Occupants 223 PINE GROVE KOAD GARDNERS, PA 17324 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ~~ G ~ RY JAVARDIAN, ESQUIRE At rney for Plaintiff June 1, 2010 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 1215) 942-9690 IJ.S. BANK N.A. ND vs. PATRICIA A. MILES THOMAS E. MILES, SR. yf~ ?N~P ~~ tAP.'Y 2010 JUIV -2 PM 1: ~-p G'UM~t:i~f~~+l'~C~ t:~i.NV1Y FE~{~SY1.V~,~#-A COURT OF COMMON PLEAS CUMBERLAND COtINT'Y No.: 10-484 CIVIL TERM CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: O FHA O Tenant Occupied O Vacant () Commercial () As a result of Complaint in Assumpsit (X) Act 91 complied with vl G Y JAVARDIAN, F,SQUIRE t rn for Plaintiff . Y I,AW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, F,SQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SO[1THAMPTON, PA 18966 (215)942-9690 U.S. BANK N.A. ND vs. PATRICIA A. MILES THOMAS F,. MILF,S, SR. ~a~ ~~'~~ ~ r~r Pf,~1~'~'SYLU~~~IA COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-484 CIVIL. TERM NOTICE OF SHERIFF'S SALE OF REAI. PROPERTY TO: PATRICIA A. MILES THOMAS E. MILES, SR. 223 PINE GROVE ROAD GARDNERS, PA 17324 Your house (real estate) at 223 PINE GROVE ROAD, GARDNERS, PA 17324, is scheduled to be sold at Sheriff s Sale on SEPTEMBER 8, 2010 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $121,935.69, obtained by U.S. BANK N.A. ND, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 2~~ 942-9690. 2. You may be able to stop the sale by Fling a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obt~un an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOIJ HAVE O"TREK RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for• your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptians (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting, your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE, LISTED BELOW TO FIND OUT WHERF, YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET' CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of ground with the improvements thereon erected situate at Poland, Dickinson Township, Cumberland County, Pennsylvania, being designated on a "Plan of Lots oi' Toland," entered for record in the Office of the Recorder of Deeds for Cumberland County, in Plan Book No. 3, Page 68, which lot herein conveyed is designated on said Plan as Lot No. 16, with dimensions as marked on the Plan. Together with the use of the common land between the lots and Public road, and the use of the well and pump on the common land, along with other lot owners. BEING known as 223 PINE GROVE ROAD, GARDNERS, PA 17324 BEING the same premises which Christian S. Rice, single person and Janelle M. Keiter, single person, by Deed dated July 20, 2006 and recorded August 7, 2006 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 276 page 219 granted and conveyed unto Patricia A. Miles, single person. PARCEL, NO.: 08-38-2172-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-484 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK, N.A. ND, Plaintiff (s) From PATRICIA A. MILES and THOMAS E. MILES, SR. (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 $121,935.69 L.L. $.50 Interest from 3/3/10 to Date of Sale @ $20.04 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $186.40 Plaintiff Paid Other Costs Date: 612!10 (Seal) REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: LAW OFFICES OF GREGORY JAVARDIAN 1310 INDUSTIRAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone : 215-942-9690 Supreme Court ID No. 55669 Deputy A ~ AFFIDAVIT OF SERVICE CUMBERLAND COUNTY {-, o _o~ ~• ~ ~ b ~ -~, ~ ~' ' PLAINTIFF COURT NO.: 10-484 CIVIL TERM ' U.S. iiANK N.A. NU ~ ~ ; - . DEFENDANT TYPE OE ACTION , r.. _ . -- `- d PATRICIA A. I~'IlLES ~ " THOMAS E. MILES. SR. rOT[CE OF SHERIFF'S 5.44E y_„ ~ ":: A SERVE PATR[CIA A. MILES AT: `"'~ ;= = 722 RElVTZEL ROAD SALE DATE: SEPTEMBERS, 2010 ~C,. BiGLERSVILLE. PA 17307-9045 SF,RVED 1, ~~~__~- ,being drily sworn according to law upon m~i oath, depose and saythat T am a citizen of the Lntted Blazes, that I am over the age of eighteen, that T atn a competent adult and that I do na~ ve a direct interest ' the litigation. I hereby certified and return that serv'ce was made known to ra~~,o ~_ /`~~'/r~' , Def ndant an e ~ ~ day f ~ , 2010, at r,L-' ,,~, o'clock ~'. 1vI., at 7~ ~~„ ~a ,~ r ~ /7 , ounty of », S , Comrn.onr~~ealth of Pennsylvania, in the manner esc bed below: ,~ Defendant personally served. „ Adult family member with w•horr- Defendant resides. Relationship is _ Adult in charge of Defendants residence who refused to give name or relationship. _ Manager/Clerk of piece of lod~g in which Defendant's resides. Agent or person in charge of Defendant's office or usual place of business. _ Other: L7escription: Abe ~3 Height ~~~ Weight ~ Race w~ ~` Sex ~r~ Other (1 /oN 0'` 9q~ l,. Defendant NOT FOUND because: -Moved -Unknown ~ No Answer _ Vacant Other: _ By: ATTORI\LY FOR PLAIN'i'1FF GREGORY .IAVARI7iAN, I/SQUIRE I.D.~55649 1310 Cndustria! Boulcvarcl 1" Floor, Suite t (? Southampton PA 189th (215) 942-694 Print Name: ~~ ~e~~ ftw~' Notary: On the,, ~- ~~f day a f 2010, lly"came before me to the above. COMMONWEALTH OF PENNSYLVANIA Notarial Seal John F. Shinkowsky, Notary Public Susquehanna Twp., Dauphin County My Commission Expk~es Sept. 28, 2010 Member, Pennsylvania Of Notaries Z'd OZZ6-5t~-9 LZ ~eBe~ aW aLZ~ L l OL OZ Inf AEFYDAVIT OF SERVICE CIJMBERLA:vD COUNTY ,-.a ~ ca _. i ,.4 0 .~ PLAINTIFF COURT n0.: I 0-484 CIVIL TER'~I^ ~~`p~ ~ - , r U.S. BANK N.A. ND ~ ~ ~ Q -~-- DEFENDANT TYPE OF ACTION =_ - a ~" PATRICIA A. MILES THOMAS E. VIiLES. SR. NOTICE OF SHERIFF'S SALE ": ~ ~_ SERV E THOMAS E. MTLCS. SR. AT: "' '„ _ 722 RENTZEL ROAD SALE DATE: SEPTEMBER 8.2010 ~';~ ~ ~' ' BIGLER,~VILLE. PA 1?307-9045 V'\ '' ff //'' SERVED <<yt o tit,[ /~o'~ ,being duly sworn according to law upon r>ay oath, depose and say that I am I, a citizen of the United States; that I am aver the age of eighteen, that I am a competent adult and that I do not have a direct inr~ rest in the litigation. I hereby certified a~r d return that serv'ce was made known to -7'l,,~ ~s E M~,/~ S~; , Def ~dant on the day f , 2Q 10, at ~5,~., •'cl~ck L'. M„ at ounty of ~' , Commonwealth of Pennsylvania, in the maiuzer descrzb slow: _ Defendant personally served. Adult family member with whom Defendant resides. Relationship is ~~i~r' . ! "~ r`/~~ S~bc~$ e , _ Adult in charge of Defendant's residence who refused to give name or relationship. ManageriClerk of place of lodging in which Defendant's resides. Agent or person in charge of Defendant's office or usual place of business. _ ether: /' / / / / lr T / !0( Q' ~ ' Description: Age ~-f 3 Height ~o( V6'eight ~ Ra~cet,~b/`'f~ Sex <n~ ~ Other Gh ~ Q, ~ Defendant NOT FOLhTD because: _ Moved _ Unknown _ No Answer _ Vacant Other: ~ _ __-_ By: A1'fORNEY FOR PLAINTIFF GREGORY JAVARDIAN, ESQUIRI; 1.D.1f556G9 ] 31 b Industrial Boulevard i "' Floor, Suitc 101 Southarnpwn, PA 16966 (215) 942-9690 Print Name: ~ ~~ ~n X / lo.~ I Notary: On the ~ ~ day of u me attested t~ the above. lU, COMMONWEALTH OF_ PENNSYLVANIA Notarial Seal John F. Shlnkovvsky, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Sept. 28, 2010 Member, Pennsylvania Assnclatlon of Notaries E'd OZZ6-51~-~I.Z le6e~ aW a8Z~LL 0L OZ In(' r ' LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 215 942-9690 t1.S. BANK N.A. ND vs. PATRICIA A. MILES THOMAS E. MILES, SR. COURT OF COMMON PLEAS CUMBERLAND COUNTY n c o Op No.: 10-484 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A"). Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Tenants/Occupants 223 PINE GROVE ROAD GARDNERS, PA 17324 PATRICIA A. MILES 223 PINE GROVE ROAD GARDNERS, PA 17324 THOMAS E. MILES, SR. 223 PINE GROVE ROAD GARDNERS, PA 17324 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 REG Investment Properties, LLC c/o Law Offices of Stone, Lafaver & Shekletski 414 Bridge Street Post Office Box E New Cumberland, PA 17070 REG Investment Properties, LLC 765 Lancaster Avenue Enola, PA 17025 n GREG Y AVARDIAN, ESQUIRE Dated: l1 ?? / Atto y fo Plaintiff [LES VE ROAD 'A 17324 C? TILES, P ;+;° 0808 ?D76 Ied PoN? S F'?s DA ?%.. Pt for 21 WWI PmAd$d ---------- --------- ----------- --- To:S T X P,14TS GROVE GA?-?e YA 11324 _ -,can D8p8 us Pooo SON" 21 1l ?AAIAbA , ti MILES ?p TRICIA A . 223 PINE R°4D O PA GARDNERS, SENDER: REFERENCE: MILES, P. 116 3S20 30 0808 7069 , RECEWr co~ FN E SERVIC Pobxn PaoW FN Toni Po~ & Fe" ~ POSTM'OR ,,, S Pa" swom ft"Ipt ct mail OotiwafN ?a'+? _ M1Mm 1M? b1 um fw 00 a ?T N T Ul p CZ0 N a c ac N U. r p ?c J ?sQ,?? No °o ? U m *6 , S ?m ?a 8 ? I i I ?.1 'J 1 ?a- I fi q C- is7 r4 tll H ? 4 UW'aW Ufa -1 W Syr H . ? t ? U ? N IN ? '?H ?v I I 1 a -? cn ra cr. ZG o - 1T N - ,? N W d a N 6 N ? .0 YI O C4 w a r 0 I g W a 04 W?a ao H N0I wGA I ? III I ? l l I I l I `I' 1 I? a m O c E I` Q w ao r 0 4 IS w N 14 co a ?a N t p?. LL i-0 1 I a % LL Na. #4 DOC - c a ` .L Ail 'a w i I + N a I} l d ?{ w V? Lill I } I a + 4d 'v U ! U a? a s a aft u?i ' . w A4 ? ? p o E „ 3 IC7' ,?, o i o o o `° 0 1 I "6 3? W 0 o L ?.. + a 00 -al` -GCu? 71 I V a Y ? ?- I 0. "a - , Is V I ? FO„ K N a ` ! , z `ate E? ? .+ ICJ ? ? i ? LL C6 ? ? ? ? ? I{? + I ?I O ? ? I T CA } Z CC ? LL W r, o. I 1 C6 I ?? Sri ICO v; p 3 M ? o June 1, 2010 TO: OWNER(S): PLAINTIFF/SELLER: DEFENDANT(S): PROPERTY: CUMBERLAND C.C.P. NO. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL PARTIES IN INTEREST AND CLAIMANTS PATRICIA A. MILES U.S. BANK N.A. ND PATRICIA A. MILES and THOMAS E. MILES, SR. 223 PINE GROVE ROAD GARDNERS, PA 17324 10-484 CIVIL TERM The above captioned property is scheduled to be sold at Sheriffs Sale on SEPTEMBER 8, 2010 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. You may hold a judgment on the property, which may be extinguished by the sale. You may wish to attend the Sheriffs Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ?rSincerely, t Gregory Javardian, Esquire Law Offices of Gregory Javardian 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 U.S. BANK N.A. ND vs COURT OF COMMON PLEAS CUMBERLAND COUNTY PATRICIA A. MILES No.: 10-484 CIVIL TERM (71 THOMAS E. MILES, SR. R ? SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 -.Plaintiff in the above action sets forth as of the date the Praecipe for the Writ offxecutiwasfiled the following information concerning the real property located at 223 PINE GROVRO . GARDNERS. PA 17324: 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name REG Investment Properties, LLC c/o Law Offices of Stone, Lafaver & Shekletski REG Investment Properties, LLC Last Known Address (if address cannot be reasonably ascertained, please indicate) 414 Bridge Street Post Office Box E New Cumberland, PA 17070 765 Lancaster Avenue Enola, PA 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsificationAo authorities. I JAVARDIAN, ESQUIRE GRry r Plaintiff August 4, 2010 Att o SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~o~~~iti~, ~,i ~"u~nbarf,~,~~ ~. +,? 1 ~ y ~~~~ ~3FF1:;~,` ~~~~ERIPF C~' ~~E ~ ®~~HOPCOTARY 2010OCT ~~ A~ 9~ ~5 CUI~BER~A~'D COUNTY ~'~~1~iS YLVANkA Jody S Smith Chief Deputy Richard W Stewart Solicitor US Bank NA vs. Patricia A. Miles (et al.) Case Number 2010-484 SHERIFF'S RETURN OF SERVICE 06/25/2010 01:25 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6-25-2010 at 1320 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Patricia A. Miles & Thomas E. Miles, located at, 223 Pine Grove Road, Gardners, Cumberland County, Pennsylvania according to law. 06/25/2010 01:25 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Patricia A. Miles, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Patricia A. Miles, defendant moved, did not leave a forwarding address. 06/25/2010 01:25 PM -Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Thomas E. Miles, Sr., but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant, Thomas E. Miles, Sr, defendant moved, did not leave a forwarding address. 09/09/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on 9/8/10 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Gregory Javardian on behalf of U.A. Bank, N.A. ND, 205 W. 4th Street, Ste 500, Cincinnati, OH 45202, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 815.33 SHERIFF COST: $815.33 October 14, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~ •oa Pd ~ ~- a-oo ~r~~. . 57~ LC,Pd , ~ ~.~~ ~~ ~ ;cj Coun!ySuite Sheriff. TeleosoR. Inc. e + ,~ U.S. BANK N.A. ND f vs. PATRICIA A. MILES THOMAS E. MILES, SR. COt1RT OF COMMON PLF.,AS Ci1MBERLAND COUNTY No.: 10-484 CIVIL PERM AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 223 PINE GROVE ROAD GARDNERS. PA 17324: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PATRICIA A. MILES 223 PINE GROVE ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: PATRICIA A. MILES THOMAS E. MILES, SR. 223 PINE GROVE ROAD GARDNERS, PA 17324 223 PINE GROVE ROAD GARDNERS, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name bast Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. ~ N . S. Name and address of every other person who has any record lien on the property: Name bast Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 223 PINE GROVE ROAD GARDNERS, PA 17324 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. .~ C G RY JAVARDIAN, ESQUIRE A rney for Plaintiff June 1, 2010 ~.. LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215)942-9690 U.S. BANK N.A. ND vs. PATRICIA A. MILES THOMAS E. MILES, SR. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-484 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAI. PROPERTY TO: PATRICIA A. MILES THOMAS E. MILES, SR. 223 PINE GROVE ROAD GARDNERS, PA 17324 Your house (real estate) at 223 PINE GROVE ROAD GARDNERS, PA 17324, is scheduled to be sold at Sheriffs Sale on SEPTEMBER 8, 2010 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $121,935.69, obtained by U.S. BANK N.A. ND, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. "To find out how much you must pay, you may call: 2~ 1~ 942-9690. 2. You may be able to stop the sale by f ling a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) (_ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2151942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full armunt due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (21 S) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of ground with the improvements thereon erected situate at Toland, Dickinson Township, Cumberland County, Pennsylvania, being designated on a "Plan of I.,ots oi' Toland," entered for record in the Office of the Recorder of Deeds for Cumberland County, in Plan Book No. 3, Page 68, which ]ot herein conveyed is designated on said Plan as Lot No. 16, with dimensions as marked on the Plan. Together with the use of the common land between the lots and Public road, and the use of the well and pump on the common land, along with other lot owners. BEING known as 223 PINE GROVE ROAD, GARDNERS, PA 17324 BEING the same premises which Christian S. Rice, single person and Janelle M. Keiter, single person, by Deed dated July 20, 2006 and recorded August 7, 2006 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 276 Page 219 granted and conveyed unto Patricia A. Miles, single person. PARCEI, NO.: 08-38-2172-016 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-484 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK, N.A. ND, Plaintiff (s) From PATRICIA A. MILES and THOMAS E. MILES, SR. (1) You are directed to lery 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 $121,935.69 L.L. $.50 Interest from 3/3/10 to Date of Sale @ $20.04 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $186.40 Plaintiff Paid Date: 6/2/10 (Seal) Other Costs David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: LAW OFFICES OF GREGORY JAVARDIAN 1310 INDUSTIItAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 ~( On June l4, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 223 Pine Grove Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2010 By: eal Estate Coordinator u„ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal; a-legal periodical published in the Borough of Cazlisle in the County and.State aforesaid, was established Januazy 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz editions and issues of the said Cumberland Law Journal on the following dates, viz: July 16, July 23, and July 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and chazacter of publication aze true. !ti - sa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 0 da of Jul 2010 Notary NOTARIAL SEAL OE80RAM A COLLINS CARLI8LE sOROIXiH. CUMBERLAfN) COUN?Y ~- ce~naaon Ex~ Apr 2a, Y01~1 wit xo. xoio-4a4 cxn US Bank NA as Truatee for the Registered Holders of MASTR Asset Backed Securities, Trust 2005-WMC1, Mortgage Pass-Through Certificates vs. Patricia A. Miles Thomas E. Miles, Sr. Atty.: Gregory Javardian ALL THAT CERTAIN lot of ground with the improvements thereon erected situate at Toland, Dickinson Township, Cumberland County, Pennsylvania, being designated on a "Plan of Lota of Toland," entered for record in the Office of the Recorder of Deeds for Cumberland County, in Plan Book No. 3, Page 68, which lot herein conveyed is designated on said Plan as Lot No. 16, with dimensions as marked on the Plan. Together with the uae of the common land between the lots and Public road, and the use of the well and pump on the common land, along with other lot owners. BEING known as 223 PINE GROVE ROAD, GARDNERS, PA 17324. BEING the same premises which Christian S. Rice, single peraon and Janelle M. Keiter, single person, by Decd dated July 20, 2006 end re- corded- August 7, 2006 in the OtBoe of the Recorder of Deeds of Cumber- land County, Pennsylvania, in Deed Book Volume 276 Page 219 granted and conveyed unto Patricia A. Miles, single peraon. PARCEL NO.: OS-38-2172-016. .a..~ !A3$ lA;RATOYI ?Hi!lO1D A HAR08~t] ~~tdu4 ~tstoN YTNUO:I CtNAlR38MUa ,HOtlOiiOB 3l81lRAO ~tOS ,BS ~qA rs~tgz3 noiaaimmo:r KM The Patriot-News Co. 2320 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ~latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/09/10 07/16/10 07/23/10 .~ Sworn to a~ ubscribed before me t ~ 5 day of August, 2010 A.D. '~. Notary Public '' COMMON~n,"EJ+i:Tli OF PENNSYt,VANIA I Notarial Seal Sherrie L. Klsner, Notary Pubiic i i_ower Paxton Twp., Dauphin County i My Commission Expires Nov. 26, 2011 tea.+~~'.}er Pgnnsvlvania Association o~ Notaries WrH No. 2010-484 Civil Term ilS Bank NA as Trustee for the Registered Holders of MASTR .Asset Backed SecurRfes,Trust 2005-WMCi, Mortgage Pass- Through Certificates Vs Patricia A. Mlles Thomas E. Mlles, Sr. Atty: Gregory Javardlan ALL THAT CERTAIN lot of ground with the improvements thereon erected situate at Toland, Dickinson Township, Cumberland County, Pennsylvania,. being designated on a "Plan of Lots of Toland," entered for record in the Office of the Recorder of Deeds for Cumberland County, in Plan Bodk No. 3, Page 68, which lot herein conveyed is designated on said Plan as Lot No. 16, with dimensions as marked on the Plan, Together with the use of the common land between the lots and Public road, and the use of the well and pump on the common land, along with other lot owners. BEING known as 223 PINE GROVE ROAD, GARDNERS, PA X7324 BEING the same premises which Christian S. Rice, single person and Janelle M. Keiter, single person, by DeeddatedJuly 20, 2006 and recorded August 7, 2006 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 276 Page 219 granted and conveyed unto Patricia A. Miles, single person. PARCEL NO.: OS-38-2172-016 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which U S Bank N A ND is the grantee the same having been sold to said grantee on the 8th day of September A.D., 2010, under and by virtue of a writ Execution issued on the 2nd day of June, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 10 Number 484, at the suit of U S Bank N A ND against Patricia A & Thomas E Miles Sr is duly recorded as Instrument Number 201030010. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ Q day of __ , A.D. ~ecorder of Deeds p~Ard0ou~~~ ~ ~~p~~dydJM.~M