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HomeMy WebLinkAbout10-1133Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-037114 EverBank PLAINTIFF VS. Mark S. McCollum 716 2nd Street New Cumberland, PA 17070 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Nancy D. McCollum 716 2nd Street New Cumberland, PA 17070 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, EverBank, the address of which is, 8100 Nations Way, Jacksonville, Florida 32256, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Broadview Mortgage Company Mortgagor(s): Mark S. McCollum and Nancy D. McCollum (b) Date of Mortgage: September 26, 2005 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1925, Page 2133 Date: October 4, 2005 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Broadview Mortgage Company Assignee: Regions Bank dba Regions Mortgage Date of Assignment: September 26, 2005 Recording Date: October 4, 2005 Book: 721 Page: 1769 Assignor: Regions Bank dba Regions Mortgage Assignee: EverBank Date of Assignment: February 12, 2009 Recording Date: March 9, 2009 Instrument No.: 200906689 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 716 2Nd Street, New Cumberland, Pa 17070 and is more specifically described as attached as part of Exhibit "A": 4. The names and mailing addresses of the Defendants are: Mark S. McCollum, 716 2nd Street, New Cumberland, PA 17070 Nancy D. McCollum, 716 2nd Street, New Cumberland, PA 17070 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of June 1, 2009 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of February 16, 2010: Principal Balance Due Interest Currently Due and Owing at 6% From May 1, 2009 to February 16, 2010 Late Charges Escrow Advances Appraisal Fees Property Inspection Title Report Fee Pro Rata MIP/PMI Attorney Fees & Costs of Foreclosure TOTAL $135,332.13 $6,497.00 $374.88 $592.95 $445.00 $15.00 $250.00 $109.56 $5,000.00 $148,616.52 8. Interest accrues at a per diem rate of $22.25 each day after February 16, 2010, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' 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 attorneys' fees will be charged based on work actually performed. 10. Notice of Intention to Foreclose pursuant to 41 P. S. § 403 and demand for payment was sent to each individual Defendant by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "B". 11. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. § 1707-1715z-18). Accordingly, the Homeowners' Emergency Assistance Act of 1983, 35 P.S. § 1680.402c is not applicable. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: SHAPIRO & DeNARDO, LLC BY: Att rneys for Plaintiff S & D File No. 10-037114 37677 ROSEAT P. ZIEGLER R Or DEEDS :;5 CST 4 BPI 9 11 prepared By: BROADVIEW MORTGAGE COMPANY 95 E. WILSON BRIDGE ROAD WORTHINGTON, OR 43085 800-3427334 Return To. BROADVIEW MORTGAGE COMPANY 95 E, WILSON BRIDGE ROAD WORTHINGTON, OR 43065 800-342-7334 ForceI Number: 25-ZS-6-414 13paee Above Ttilf Ulm For Reeoeding bill) FKA Con No. CommonwalthaPennsylvania MORTGAGE 441-7712984-709 1035527 TWS MORTGAGE ("Suaurity Ip k=nnt") is given on SapteMber 26th, 2005 TheMortgegoris Mark S McCollum and Nancy D McCollum, Husband and Wife ("Horroww•"). This SeouTity Indnnnant is given to BROADVIEW MORTGAGE COMPANY which is organized and mdsdng under the laws of the State of Ohio , and whose address is 95 E. WILSON BRIDGE ROAD , WORTHINGTON, OH 43085 ('L'ender"). Bonvwtx owes LAmdw the principal sum of One Hundred Forty Two Thousand One Hundred and no/100. Dogars (U.S. S 142,100.00 ). This debt is rrAdenced by BormWet'e note dated On same desk es thin 3maity hwument ("Note'), which pravWw for monthly pymaat t, with the fltll debt, if eot paid earlier, due and pq" on October let, 2035 . Mde Security bna mtad Sao to Leader: (a) the vapayount of the debt evidenoad by the Note, with interest, and all renewals, etttmaions and modifiadioas of the FNAFennaytvanta Mertpp-4M 4%.4atPA) P4011 VMS Matopo lduUms. Me. {a0al!214391 POOR 1 of 0 fnMIW: BK 19 2.5'PC 213 3 Note; (b)"peym cnt of OR other sums, with Inteaest advanced under paragraph 7 to protrct the soaurity of this Saettrity Inatrarnent; and (a) the perfarmance of Bortowee a covenants and agrecamta under this Security Inatrumeat and the Note, For this purpose, Burrower does hareby mortgage, grant and convey to the Leader the following deftribed property locaed in Cumberland County, Pennsylvania which has the address of 716 2nd street: {street] New Cumberland ]City), Pqu"Ivenia 17070 [zip Code] ("Property Address"); TOC MMR W" all due improvammts now or her=Ow aroded on the property, and all aesamatb, a »ttananoes and fntturras now or haeedter a part of the proparey. All replacements and additions shell aieto be nmvered by this Security bmtrument All of the foregoing is referred to In this Sxurity lnthtm= ere the "Pr+opCrW." BORROWER COVENANTS that Boaoww Is I&v& ly seized of the estate hereby conveyed sad has the right to mortgage, grant and convey the Property and that the Propcrty 13 unencumbered, uarcegt for encumbrsrtt sa of record. Borrower warrants and wM defend genasHy I' title to the Property against all claims and derodk subject to say enaranbraaees of record. TIM SP.CURM INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constituter a uniform security hrserumeat covering real property. Borrower and Lender covenant and agree as follows; UMBORM COVENANTS. L Paymens of Prindpal, Ldwut and Late Charge, Borrower shall pay what due the principal of, and interest on, the debt evlda wed by dw Note and I& oharges due under the Nola. 2. Moalkly Payment of Tearer, btsatramee astd OlMr Chaigm Borrower droll huclude in each monthly P"Menk toga her with the principal and Interest as act ft* in dw Note and say We charges, a suer for (a) taxes, and opwW asrasmenh levied or to be levied against the property, () leasehold payments or grotmd rents on the Property, and (c) premiums for insurance n quired under paragraph 4. In any year In WWoh the Lender must pay a mortgage bunt ou* ptem ita to the Secretary of Housing and Urban Development ("Secretary"), or In any yaer In which such premium would have been required if Leader still held the Security InskwwrL% each monthly paymant shall also include citha-, (1) a sues for the roust. 4%-4R(PA) @dot) App 2 nt e m M. 1925PG21' 34-. annual mortgage insurance premium to be paid by Lauder to the Secetary, or ($i) a monthly Chase Instead of a mortgage insurnnce pramitun if thin Sec?ricy Ir>atrnursuent ie held by the Secretary, in a reasonable amount to be. detumrirrod by the Seceetary. 6 for the monthly charge by the SoarotaM these items are carilad ">3serow Itmaa" snd the awns paid do Lender are calhod "Escrow Elands." Lendu to , et any time, collect end hold amonmta for Escrow ;teem In an ago amount not to exceed the urn amotutt that may bo rogodrad for Borrower's uxraow account under the Real Fatale SetUemaut Preeedures Act of 1974, 121J,S.G Section 2601 st sig. and haplanenting regulations, 24 CPR Part 3500, as they may be amended from time to riots ("RESPA"), vwW that the cushion or reserve permitted by RESPA for unanticipated disbuusamuetfa or uiitburgententa before the Borrower` s payments ere available in the account may not be based on auwuats due for the mortgage insurance preminm. If the amounts held by Lender for Escrow Items exoeed the amounts permitted to be held RESPA, Lauder shall account to Borrower for the excess funds as required by RIMA, Ifthe amounts of Ands held by Lender at any time are not sufficient to pay tin Bscrow Itaan when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA, The Escrow Funds are pledged a additional warily fur all gun sowed by this Security Iuatruurwnt. If Borrower waders to Lander the Hill payment of all such scans, I3orrowe a acvo" shall be credited with the balance. remaining for all Installment henna (&I (b), and (a) end sty mortigage insurance premium instalkne t that Lender has not boo" obligated to pay to the Secretory, and bender shall prouoy refund any excess funds to Borrower, Immediately prior to a foreclosure sale of the property or its, acquisitton by Lender, Burrarwer's acemmt shall be credited with any balance ramainiag for all Installments for item (a), (b). and (a). 3. Application of Payments. All paymeats under paragraphs I cad 2 shall be applied by Lender as fbilows: ELM char p the reengage insurance premium to be paid by Leander to the Secretary or to the monthly ge by tft etary instead of the monthly mortgage ho rs = premium; Sem to arty tausk special imesuncots, leasehold payments or ground rents, and fire, flood and other h-rd insurance prvtnlumie as requited,, lard to intarest due under the Note; p°p& to amortization of tho principal of the Note; and = to late ehaegde due under the Noter 4. Fire, )N'lood and Other Hawed Favovavic& Borrower shall insure all brgrova=ts an the Property, wbothec now in oxidaws or subsequartly nestled, againd any hazards, oesaldcs, and contingencies. Including fire, Gtr which Calder rogrdros Itn raoce. This Insursove shall be mabdalned in the atnomus and for the periods that Lander ragnhroa. Borrower shall glee houre all improvements an the Property, whether now in existence or subeequent1Y evaded, against lose by floods to the atent required by the Secretary. All The Imainum policies and my renewals shall be hold by Lender and dhal al imnclludaa loss approved by ?o n= inLeader, favor of and In a form acceptable to, Lander. In the event of loss, Borrower shall give Larder immediate notice by mall. Lender may make proof of loss If not made promptly by Boaww. Each I=umnoe company concerned is hereby awborined and directed to make payment for such loss dreooy to I.oaft, instead of to Borrower and to Lender Jointly. All or any part of the huwanco proceeds may be applied by Lander, at its opdon, either (a) to the redoodon of the hudebw&dso under the Note. end this Srxxrrlty inthwoom, Brat to wW deliaquw amamss tu{?lied in the order in p?n?rtrpL 3, cad than to prepayrruaut of principal. or (b) to the rueatordion or repair e damaged 1'mperty Aey eppBcadian of then?de to the prlnetpal shall not axtaad or pcatponoas the due date of the uwnthly payments width are to in paragraph Z, or cirengs the amount of such p under thayments. Any antcas lnsuranca pranaeds ova an r e to pay all o>ustend'mrg tndabbadr>ess e Note and thin Security Iruarumeut shell be. to the l l entitled thereto, It" tft-R(PA) 0487) aw• a .r o 911.1925PG2135 In the emu of forodom m of this Security hatrument or odw transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to haursrroe policies Itt force sb3A pass to the purchaser. 3. Oconp acy, Preservation, Maiataamue and 11'roteotion of the Property; Borrow em Loaa Appllcadea; Leaseholds. Borrower shall ecoapy, telablisb, and use the Property as Borrawts' a principal residence withht sixty days after the execution of this Secodty instrument (or within sixty days of a later sale or transfer of the Property) and shell continue to oceapy the property as Borrower's principal residence fbr at least one year after the date of occupsnay, unless Lender deteratinet that requirement will cause undue hardship for Borrower, or unless mamusting eircumstanom mdat which are beyond Borrowers control. Borrower shall notify Lender of any odimuattns circumstances. Borrower shall not eotrntmit waste or destroy, damage or substantially change the Property or allow the Property to daWlorste, reasonable wear and tear excepted. Lender may Inspect the Property if the Property is vacant or abandoned or the loan is in doibult. Lender may take rcomm6le salon to protect end proarve such vacant or abandoned Property. Borrower ehari also be in defimll If Borrower, during tiro loan application process, gave materially 1>tlse or ittaocurate infemaaHon or ehdelnaalta to Leader (or failed to provide Lender with any platerae! Intbanadon) in oonnoetiari with the loan eVidateed by the Note, faaludittg, but net liudted to, reproedrmtatlons wnoernirtg Borrower' a oow?a?y of the Property ens a principal rgideatee. if rhea SoGUity Imstrwnamt is an a leasehold, Borrower slue; eonnply with the provistoaa of the lcsae. If Sorroaer enquires fns title to the Proparry, the leaseimrsld and feu title shall not be trmwged unless Lexmder agree:, to the merger In writing. 6. Condemnation. The proceeds of any award or olaim for damages, direct or eoasatimundel, in connection with any eondmundion or other feeds of say pant of the Property, or for carrvoyenee in plow of a ndatmnedon, are heraby assigned and shall bo paid to Lender to tho mtteut of tau full amount of the indebtedness that rennslns unpaid wider the Note and Us Sammity lnstrunmmt Lander shalt apply such praceods to the reduction of the indebu dnam under the Note and this Security instrument; fiat to cry de --- atnotmq applied in the order provided In paragraph 3, and that to ixapsynad of pdndpel. Any appliratIoa of the proceeds to rho prWpal AM mot extend or postpone the due data of the monthly pwrients, whm we referred to in paragraph 2, or ehmp tha amount of Minh psytamm Any excess proceeds aver an sm ant requited to pay all -outstanding indebtedness under the ot1J a and this Security instrranent Shall belLaid to the k;gally added therato. 7. Chagas to marrower sad hh+eieatlon of LudWs WSW in the Property. Borrower sbull pay all gov l or rumiabpal elurges, Asa and hnpositlons that are not Inohsded in peeph 2. Borrower shall pay dace obligations on time directly to the entity wieich L owed the pegnnant. Ifraarharm to pay would adversely affect Lander's Intm st In *a property. upon Lendee s request Borrower shall promptly tivnish to Lender rec alpn ovidenaing these p *mmts. If Borrower fails to make thane paym me or the psyt rraed by parap * 2, or falls to perform arty other covansma and apame? contaloed in this Security Iasti+onent, or there to a legal ocevftg that tray slViifieetttly a? Leader's rights is the Property (each a9 a p?roceediag in . for condamsfum at to enforce Im or regulations), ibm Leader m? do sad pay whatever is nooeseany to ?mW the vduo of the Property and Larder's rights in the Property, Muding peynnesnt of taxes, hassrr I eaararm and other item mmdow d in paragraph 2. Any amoaats disbursed by Lander under this pSragrgh sWlb bwome an additional debt of Borrower and be secured by this Security Insmmmt Thera anlouou :ball bear Interast from the dede of dleburmulnt, at the Note rate, and s t the apdon of Lai dar, shall be imrnedlately due ad payable. Rom weer "I promptly discharge any lien which has priority over this Sacruity Imburant unless Borrower. (a) agrees in writing to the pa cart of the ablloon soared by the lien in a maanw aroeptable to Lander; (b) contem In good faith ilia lien by, or defteWs agalrut enforcernent of the lien ln, legal praeeedinga which in tau Lender's opinion operate to prevent the enforc ucat of the lten; or (e) necores NK1 C, y - c- 4R-4R(FA) P4071 r.w. w a fitrn HK•192SP62136 tam the holder of the Ikn an agreetaent satisfactory to Lender subordintding the lien to this Severity Instrument. If Lender determines that say pert of the Property is subject to s lien which may attain priority over this Security Instrumerrk Leader may give Harrower a twtlae Idea Wing the lien. ftTowct shall set* the Hen or talcs one or room of the actions set forth above within. 10 days of the giving of notice. tl. Fees. Lender may collect fees and ohargeN mAorized by the Secretary. 9. arsasds for Acceleration of debt. (a) Wank Lender may, except as limited by regulations Issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by ibis Security Instrument if. (i) Borrower defaults by failing to pay In full any monthly payment required by this Secuty iastrumuart prior to or an the due date of the next monthly prymon; or (H) Horrower defaults by falling, for a period of thirty days, to perform any other obligations contained In this Security instrument (b) Sate lN11bout Credit Approval Lender shall, if pomdttod by applicable law (including Sectioa 341(4) of the Qarn-ft Germain Depository Wtitutions Act of 1982, 12 U.&C. 1701j-3(d)) and with the prior approval of the Secretary, require Immediate pgytnent in fall of all sums secured by this Security Tasnvnuot IP (t) Ali or part of the Property, or a beaefcoial interest In a trust owning all or part of the property, is sold or otherwise transferred (other than by devise or descant), and (Il) The Property is not occupied by the purchaser or gtantea as his or her principal residence, or the purchaser or grantee does so occupy tW Property but his or her credit his not bean approved In aecmdance with the requirements of the Secretary. (c) No Waiver. If circumstances occur thud would permit Lander to require Immediate payment in full, but Looder does not require such paynunis, Lender does not waive its rights with ratpect to subsequent swats. (d) Reguldlons of HUD Secrefary. In many circumstances regulations issued by the Secretary will limit Lender' s rights, in the case of payment &dhuks, to require Immediate paymart in fait and tbreelose if not paid. This Seaaity Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the &eretacy. (o) Morigaga Not Insured. Honwier agrees that If this Security Instrument and the Note are not determined to be eligible for hm men wider the Naiload Housing Act within 60 days flom the date hereof Fender may, at Its optim require hamadinto payanont in M of all smuts secured by this Security Instruarmt. A written statsmoat of any authorized Vent of the So retery dated subsequent to 60 days !irons the data hereof dediaing to Irteurra this Security horumeat and the Noes, shall be deemed conclusive proof of such Ineligibility. Notwithstanding the ruing, this option may not be exercised by Leader when tiro aaavaiiabiiity of Insurance Is solely due to Londoe a didhrro to rcoalt a u a igage insurance premium to the Secretary. 10, ReiastatemeaL Borrower has a right to be reiaawad if Lender has ro phi d hatnedlete pqn=t In full because of Borrawar's failure to pay an anaamt due under the Note or this Security Insbunant This rigfrt applies even after foreolosure proceedings, are instituted. To rahssere the Security Iastru me nt, I3otrowor shill wader In a hemp sum all amanita required to bring Botmawar? a somart am= including, to the meted they am obligaullous of Bott wor under this Security Instrument, foreclosure amts and reasonable and customary attorneys' fees and expenses properly assorted with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Iasmment and the obligations thd it secures shall remain in affect as if Louder had not required lnarcdlate psymdnt its M. However, Lender is not required to permit rehowament Ili (I) Lender has accepted rekwatemerut surer the eornmencoamt of foreclosure prooveOu a within two yew immediately preceding the oomata?oement of a curoont foreclosure / Inkida: 4R-4R(PA) P401) P"IR 9 of hJ /?M 8U-1-925FG2.137 rokuWanent will clude foreclosure diffin r matt i1vU advarael aftbot the priority of the lion created by this ? Securiouads y Ittrument. ture, or (tii? 11. Sorrowcr Not Itekwrodl Forbearance By Lender Not a Waiver. Extension of the time of parnent or modlllcation of alnorftdoo of the suns aawred by this Smi i Inatn ntent usatdd by Lender to any successor in interest of Borrowar shall not operate to release the ltabitity of the original Borrower or Borrower's scncoetaor In Interat. Lender shall not be required to conmaenoe proceedbw against any successor in iawrost or rchn to extend time for pgymsnt or otherwIae modify auartlmtion of the at,- sawed by this Security Instrument by reason of any demand made by the original Borrower or Borrovne a successors in interest. Airy forbearance by I.OOder m exercising any right or remedy shall not be a waiver of-or preclude the exerclae of any right or remedy, It Saeeeteors and Assigns Sound; Joint and Sa 4val Ebbilitl, Co-3iptcrf. The covenants and agreetnwa of this Security Instrument shall bind and benefit the saceemors and assigns of Lender and 7andvw'g bject to the provisiand agrwmaarts shall be olnt Any Borrower whdoes not the Note: (a) la is Security Ioshrnotehrthat Borrower's intamt In the under T of this security Ineauntemr {b) is net pnrsonaily obligated to pay the sums aeaa0d by tlileany other Borrower may agree to dify, a tam of this Security Iustrhanent or the withorrowee' a coasant. 13. Notiw. Any notice to a=*vvhY provided far in this Security Itsebwaimte shall be given by delivering It or by malting it by Brat Wass [Wait unless eppliceble law rOgt?? of soother awthod. Tito notice abatl be directed 10 the Proper Address or my other address HE dadpxbu by notice to 1~Qodar: Any notice to Lander adtail bo given by fast dam matR to Lender' a address stated herein or any address Lander designates by notice to Borrower. Any notice provided for In this Security Instrument shall be deamad to have bunt given to Borrower or Lander when given as provided in this paragraph. 14. Qoveruiog Larw, SeverabWty. This Security Instrhanent shall be governed by Federal law and the law of the jurisdiction In which the Pn"V is located. In the event that any provision or dam of this Seenrity Isshvxnast or the Note contlids vnth applica?bte law, such ooruflid shall not rtffect other provisioaa of [1x15 Security Inancaneat or the Nate wltieh Brut be gives effect without the conflietigg provfatwl. To this end the provisions oP this Seutrtty Iasttuntart ales the Note ate declared to ba strverable 1S. Botnvwer'e Copy. Borrower ahdl be givwh ono tlonfaregvd roPY oEthe Note and of this Security Instrument. Id, Haardou t Snbdaaess. Borrower shelf not xowa or permit the presence, use, disposal, storage, or rclcate of F3ererdous Substances on or In the Property. Borrower "I not do, nor allow anyone 4150 to do, sing affecting tha property that Is in viWation of any EnvironmeaW Law. The preceding two sentences shall not x *Y to the presence, use, cr storage on the Property of small quantities of Hmmrdora Substances that are generally reoopimed to be approprim to normal residential uses and to maintanum of the Property. Borrower shall promptly hive Lender written notice of any inveatigader4 claim, dawand, lawsuit or other action by my goveramnntai or regulatory sgeacy at privets perry involving the Property and any Hstardous Substance or F,rtvirou" ntol Law of which Borrower has actual Irnowledga. If Bottower' learns, or is nodfied by any governmental or regulatory authority, that pry reawd o ranedlstiah of any Hazardous Substances affadtag the Proporty la necessary, Borrower shall promptly Was all neommary remadiat Sodom In accordance with I rmmmmndal Law. As used In this paragraph 16, -Hazardous S ftlaitc&' are those xftlanow defined as toxic or hazardous sulwhoC.S yb Eaaviroamrxrosl Law and the following substances: gasoline, kerosene, other flammable or toxic pdmlwm products, twdc Par"" and hatiofdcs, volatile solvates, materials containing asbestos or formaldehyde, and radioactive materials. As used In this paragraph 16, Mk4 ittPA1(94011 P"4091$ t tt />7 8KI 9 2-5 €'G 2.13 8 "Envirotntnental Law" maw fedora{ laws and laws of the jutisdicdon where the pro" is located that relate to health. safely or onvlrori mental protection. NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 17. Assipamant of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and re venues of the Property. Borrower authorizes Lander or Lender's sge,ia to collect the rents and revenues and prior to Undoes notice to Bormwer of Borrower's breach o rents f an lo Lander or covenant or 'a ?a Hoit any agreement In the Security Instrwn.at, Borrower shall collect and receive all rents sad revenues of the as trv,too for the benofft of Lander and Borrower. This aselpromtt of rents constitutes an absolute assignment and not an asswuneat for additional , only. If Lender gives notice of breach to Borrower: (a) all nears rem &W by Borrower shall be hold by Borrower m trustee for be nest of Lender only, to be applied to the suns maid by Ow Saourlry Instrument; (b) Lender shatl be entitled to collect and rooelve all of the rents of the Property; and (c) each townt of the Psope ty shall pay all rents true and unpaid to Lender or Loader's agent on Leader's written demand to the teacart. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Loader from exercising its rights under lids psaugrrph 17. Lender shag ant be roquired to enter upon, tale control of or n alatain the property before or after grivdng notice of breach to Harrower. However. Loader or a judicially appointed receiver may do so at any tunic theca Is a breech. Any ssppppltcatlon of rents shall not cure or vAd" any default or lavalldwo any other right or remedy of Leader. 'I his of rents of the Property shall terminate when die, debt scoured by the Security Instrument Is paid In 1. 18. Ponclosurs Procedure. If Lender requires immediate payment in fall under paragraph 9, Lender may foreclose this Security Instrument by judicial proeeedivg: Leader shall be antitled to co0ect all acpwaes tneatred in pursuing the me" provided in this paragraph 18, ineluding, but not limited to, attorneys' fees and curb of tide evidence. H the Lender's Interest in this Security Instrument Is held by the Sieerdary nqd the Secretary roquires imurediete ppaayment in fail under Paragraph 9, the Secretary may invoice the nonjudieial power of sale provided in the Single Family Mertpage Ialsrreoieaan Act of 1994 ("Act') (12 U.1c. 3751 et u9) by wane a fereslosara commissioner dedprated wader the Act to commence forecloam and to this party as provided to the AoL Nothing la the pnesding seatance sball deprive the Secretary of any rights otherwise av"bk to a Lender under this Paragraph 18 or applicable bm and t19. Rakm;L Upon lit of all sums secured by this Security Instrumrau, this 5oceuity Imitrumeat conveyed shall terminate and become void. Alter such ooourreace, Lender siren disobergo am to tbrs Severity Insbumnerd without charge to Borrower, Borrower shall pat, any reoordativa cosm defame err alum Bier, to the extent CaniWW by Voicable law, weivea and releaser any once or p mccodldgs to catbrea ddi securi I cod hereby waives the bo ne& of nay present or and Adure k% tmdprovift far affiy of ateoution, extoardoa of time, erteeg,Bon ftm attachment, lovy and sale, 21. Ro arktaarent Period. Bommww a time to rsmatate provided in paw 10 shall extend to one Wit. to the cornmencoment of bidding at a sheriff a sale or other sale pursoatat to this Socudty 22. Purchase Money Moripgo. If any of the debt secuaed Oda Security Instrument Is lent to Borrower to aoquira title to the Property. Chia Security Instrurnoat shall be a purchase msoeey m 23. Interest gate Attgr JadgmanL Borrower agrees that the intern rate payable after a?ju;t is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time under the Notes 4ft-4RIPA) ro40?1 iaawc `r BX 19 2 5 PG 213,9 24. Riders to this Smrity Instrument. If one or more riders we execurted by Borrower end recorded together with this Security hwtrumont, the covenants of each such rider sW1 be lnoorporatod into and shali emend and suppiem=t the covomtg and agraar=rds of this Security Insmim mt as if the rWO) were it part of this Security Instrument. [ appiieable box(es)]. Condominium Rider L-J Growing Equity Ride' ? Other [specify] R Punned Unit Development Rider ? Grodua d PiLymerd Mar BY SIGNING BELOW, Borrower 9eeept4 sad agrees to the terms contained in this Seeurity Ingtrunuutt and in auy rider(s) executed by Borrower and recorded with it. Witnesses: eG Mark S McCallum (Sea) .Borrower (scd) -Gomm" (Seal) Bolrower Nancy 0 coil= -Bwrrowaar G (Seal} -Botroww -Borrower -B0R0Mf0r -9orrowa 4%4R(PA) ?Oaan wo. a or e OKA-9,2 S °r' 2. 140 COMMONWEALTH OE+ I'VMYLVANMA, OR this, 26th dA of Coabty es: y September 2005 before me, the undersigned officer, POMOnaliY appeared mark j McCollum and Nancy D McCollum known to me (Or satistiactorl)y proven) to be the won(s) WhO96 came 7iubscdbed to the within i3hu and acknowledged that hdsh OXecuted the same for tho purposes herein contained. ATINESS WMREOF, I hereunto set my hand and official seal. tsalon Expires: PENNSYLVANIA WE- Tigo otOtUm ?9heoat r. SIVOY79M My t7oamdtrt Rmhu Apt 15. 3007 Crrtirieatt of Resideace I' , do hereby certify that the correct address of the wlthhl"=ned Lender is 95 E. WILSON BRIDGE ROAD, WORTHINGTON, OH 43085 Wltness my hand this 26th dayof september 2005 APP of Lender t%dR(PA) p,etl P4499 a I Inllre ?'??+^ 1'525-PG21U. } LEGAL DESCMTION 716 Seoond Street, New Cumberland ALL THAT CERTAIN lot or piece of land situate in the Borough ofNew Cumberland, known as Lots Nos, 8 and 9 in Block "E" on Plan No. 2 of Rosemont, recorded In the Recorder's Office In and for Cumberland County in Plan Book 1 at page 96, more particularly bounded and described as follows, to wit; BEGINNING on the South side of Second Street at a point savonty-five (75) feet distant from the Southeast corner of Second Street and Woodland Avenue; thence in an Eastarly diraotion along Second Street fifty (50) feet to the line dividing Lots Nos. S and 7; thence Southwatdly along said dividing line one hundred forty (140) feet to James Ave ue; thence W e"ardly along said James Avenue fifty (50) feet to the dividing line between. Lots 9 and 10; thence Northwatdly along said dividing line one hundred forty (140) feet to Second Street, the place of HEGIlVNING. HAVING THEREON ERECTED a two-story frame'aud stucco dwelling house known and numbered as 716 Second Street, Now Cumberland, Pennsylvania. B$1NQ THE SAME PREMISES which Harper B. Sunday, Jr. and Romaine a. Sunday Living Trust dated September 22, 1994, as joint tenants with the light of survivorship, by its deed dated September 1, 1999 and recorded September 23, 1998 in the Office ofthe Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 185 at page 855, grsnted and conveyed unto Marls S. McCollum and Nancy D. McCollum, husband and wife. I Certify this to be recorded In Cumberland County PA Recorder Of Deeds T July 30, 2009 Mark S McCollum 716 2nd Street New Cumberland PA 17070 Re: Loan No. 9000562240-C53 Property Address: 716 2nd Street, NOTICE OF INTENTION TO FORECLOSE MORTGAGE NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: YOUR MORTGAGE IS IN SERIOUS DEFAULT because you have not made payments as YOUR MORTGAGE IS IN SERIOUS DEFAULT required. The required monthly payment of $ 1,125.37 was not made by you for the March 01, 2009 through current month ''s payments. The total amount now required to cure this default, or in other words bring your mortgage current through the date of this letter is $ 5,937.25. This amount includes late charges of $ 170.40 and other charges of $ 140.00. You may cure this default on or before August 29, 2009 by paying to us the above total amount of $ 5,937.25, plus any additional payments and late charges which may fall due during this period. Such payments must be made by cash, cashier ''s check, certified check or money order and made payable to "Everhome Mortgage Company " and mailed or delivered as follows: MAILED TO: P.O. Box 530579, Atlanta, GA 30353-0579 DELIVERED TO: 8100 Nations Way, Jacksonville, FL 32256 If you do not cure the default by August 29, 2009, we intend to exercise the right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made by August 29, 2009, If full payment of the amount of default is not made by we intend to instruct our attorneys to start a lawsuit to foreclose your we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff or other similar official to pay off the will be sold by the Sheriff or other similar official to pay off the mortgage mortgage debt. If you cure the default before we begin legal proceedings against you, debt. you may have to pay the reasonable attorney ''s fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney ''s fees even if they are over $50.00. Any attorney ''s fees will be added to whatever you owe us, which may also include reasonable costs. If you cure the default by August 29, 2009, Loan: 9000562240 1 user: P53 I Letter Title: ACT 6, Mtgr property add I Letter Date: 7/30/2009 1 Page: 0002 YOU will not be required to pay attorney ''s tees. We may also sue you personally for the unpaid principal balance and all other sums due under the mnrtgapp. ( _ / Y k)' 14 " ? /t July 30, 2009 Loan No. 9000562240, Mark S McCollum PAGE 2 of 2 If you have not cured the default by August 29, 2009 and foreclosure proceedings begin, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff ''s or other similar official foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges due, as well as the reasonable attorney ''s fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff ''s or other similar official' 's sale could be held would be approximately seven months from today. A notice of the date of the Sheriff ''s or other similar official ''s sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may obtain the total amount due by calling us at (800) 669-7724. You should realize that a Sheriff ''s or other similar official ''s sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff ''s or other similar official ''s sale, a lawsuit could be started to evict you. You have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW THE MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, COLLECTION DEPARTMENT DRO53 Loan: 9000562240 1 User: P53 I Letter Title: ACT 6, Mtgr @ property add I Letter Date: 7/30/2009 1 Page: 0001 July 30, 2009 Nancy 0 McCollum 716 2nd Street New Cumberland PA 17070 Re: Loan No. 9000562240-C53 Property Address: 716 2nd Street, DR054 NOTICE OF INTENTION TO FORECLOSE MORTGAGE NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: YOUR MORTGAGE IS IN SERIOUS DEFAULT because you have not made payments as YOUR MORTGAGE IS IN SERIOUS DEFAULT required. The required monthly payment of $ 1,125.37 was not made by you for the March 01, 2009 through current month ''s payments. The total amount now required to cure this default, or in other words bring your mortgage current through the date of this letter is $ 5,937.25. This amount includes late charges of $ 170.40 and other charges of $ 140.00. You may cure this default on or before August 29, 2009 by paying to us the above total amount of $ 5,937.25, plus any additional payments and late charges which may fall due during this period. Such payments must be made by cash, cashier ''s check, certified check or money order and made payable to "Everhome Mortgage Company " and mailed or delivered as follows: MAILED TO: P.O. Box 530579, Atlanta, GA 30353-0579 DELIVERED TO: 8100 Nations Way, Jacksonville, FL 32256 If you do not cure the default by August 29, 2009, we intend to exercise the right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made by August 29, 2009, If full payment of the amount of default is not made by , we intend to instruct our attorneys to start a lawsuit to foreclose your we intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff or other similar official to pay off the will be sold by the Sheriff or other similar official to pay off the mortgage mortgage debt. If you cure the default before we begin legal proceedings against you, debt. you may have to pay the reasonable attorney ''s fees actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney ''s fees even if they are over $50.00. Any attorney ''s fees will be added to whatever you owe us, which may also include reasonable costs. If you cure the default by August 29, 2009, you will not be required to pay attorney ''s fees. We may also sue you personally for the unpaid principal balance and all other sums due under the moLrotg a&0r,62240 I User: P53 I Letter Title: ACT 6, Co-Mtgr @ property add I Letter Date: 7/30/2009 1 Page: 0002 1 July 30, 2009 Loan No. 9000562240, Mark S McCollum PAGE 2 of 2 If you have not cured the default by August 29, 2009 and foreclosure proceedings begin, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff ''s or other similar official foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges due, as well as the reasonable attorney ''s fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff ''s or other similar official' 's sale could be held would be approximately seven months from today. A notice of the date of the Sheriff ''s or other similar official ''s sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may obtain the total amount due by calling us at (800) 669-7724. You should realize that a Sheriff ''s or other similar official' 's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff ''s or other similar official' 's sale, a lawsuit could be started to evict you. You have the right to assert in the foreclosure proceedings, the non-existence of a default or any other defense that you may have to acceleration or foreclosure. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW THE MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, COLLECTION DEPARTMENT DRO54 Loan: 9000562240 User: PS3 I Letter Title: ACT 6, Co-Mtgr @ property add I Letter Date: 7/30/2009 1 Page: 0001 VERIFICATION Christopher A. DeNardo hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. SHANRO & DENARDO• LLC BY: _ Christopher A. DeN?irdo, 1.syuirc Attorney for Plaintiff Dated : SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILE ?- ?Y,`rc ^.rpL3 Sheriff 0C Tp c .:rtJody S Smith 2" 10 FED' 22 9 Q Chief Deputy Edward L Schorpp ; Solicitor EverBank Case Number vs. 2010-1133 Mark S. McCollum SHERIFF'S RETURN OF SERVICE 02/18/2010 08:32 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2010 at 2032 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mark S. McCollum, by making known unto Nancy McCollum, Wife of defendant at 716 2nd Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/18/2010 08:32 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on February 18, 2010 at 2032 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nancy D. McCollum, by making known unto herself personally, a 716 2nd Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. 02/19/2010 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: Occupants of 716 2nd Street, New Cumberland, PA 17070, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Mark S. and Nancy D. McCollum are the only residents at 716 2nd Street, New Cumberland, PA 17070. SHERIFF COST: $80.30 SO AN ERS, 1 February 19, 2010 O NY R ANDERSON, SHERIFF By O Deputy Sheriff _^i Gbi '??; Suite 5herff. T&eosdt. In:;.