HomeMy WebLinkAbout10-1891LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
??` r1GE
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.
BRYAN E. HOMER
618 4TH STREET
NEW CUMBERLAND, PA 17070
DEFENDANT
NO. IC, - 18q 1 3VV*
COMPLAINT 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
O
*9a.oo Po ATTY
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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
1 ST 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.
BRYAN E. HOMER
618 4TH STREET
NEW CUMBERLAND, PA 17070
DEFENDANT
NO.
COMPLAINT IN
MORTGAGE FORECLOSURE
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. Bryan E. Homer (hereinafter referred to as "Defendant") is an adult individual residing at
the address indicated in the caption hereof.
3. Plaintiff brings this action to foreclose on the mortgage between Defendant and itself as
Mortgagee by Assignment. The Mortgage, dated May 25, 2007, was recorded on
June 26, 2007 in the Office of the Recorder of Deeds in Cumberland County in Mortgage
Book 1997, Page 1140. 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. The Mortgage secures the indebtedness of a Note executed by Defendant on
May 25, 2007 in the original principal amount of $144,000.00 payable to Plaintiff in
monthly installments with an interest rate of 7.625%. A copy of the Note is attached and
made a part hereof as Exhibit `B'.
5. The land subject to the mortgage is 618 4th Street, New Cumberland, PA 17070. A copy
of the Legal Description is attached as part of the Mortgage as Exhibit `A' and
incorporated herein.
6. The Defendant is the Record Owner of the mortgaged property located at
618 4th Street, New Cumberland, PA 17070.
7. The Mortgage is now in default due to the failure of Defendant to make payments as they
become due and owing. As a result of the default, the following amounts are due:
Principal Balance $141,306.68
Interest to 2/18/2010 $7,714.47
Accumulated Late Charges $407.68
Hazard Insurance $696.84
BPO $95.00
Cost of Suit and Title Search $550.00
Attorney's Fees $1,300.00
TOTAL $152,070.67
plus interest from 2/19/2010 at $29.52 per day, costs of suit and attorney's fees.
8. The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchaser at
Sheriff s sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees
will be charged.
9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a
defaulting mortgagor with 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 Defendant by regular and certified mail on
December 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 Defendant, in the sum of $152,070.67 together
with the interest from 2/19/2010 at $29.52 per day, costs of suit and attorney's fees.
Law offices of Gregory Javardian Z? 44??
BY:
Gr ory J%vrZdin
ttorney
55669
Attorney for ntiff
EXHIBIT `A'
0.09E-P.T P. ZIE,`,?LER
?zCORDER OF DEEDS
c;':.v.EERLAl4D COUNTY-F.1
20Q JUN 26 An 1139
' After Recording Return To:
WILMINGTON FINANCE, INC.
PO BOX 7000
PLYMOUTH MEETING, PA 19462
(877) 963-4968
Prepared By:
WILMINGTON FINANCE, INC.
WILMINGTON FINANCE INC.
401 PLYMOUTH ROAD, SUITE
400
PLYMOUTH MEETING, PA 19462
(877) 963-4968
Property Address:
618 4TH STREET
NEW CUMBERLAND, PA 17070
[Space Above This Line o Recording to
MORTGAGE
BpJ?R
PIN:=: -35-0006-1106
MN- 100372407054492915
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated MAY 25, 2007, together with all Riders
to this document.
(B) "Borrower" is BRYAN E. HOMER. Borrower is the mortgagor under this Security Instrument.
(C) "HERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MFRS Is the mortgagee under
this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address
and telephone number of P.O. Box 2026, Flint, VII 48501-2026, tel. (888) 679-MFRS.
(D) "Lender" is WILMINGTON FINANCE INC.. Lender is a CORPORATION organized and existing
under the laws of DELAWARE. Lender's address is 401 PLYMOUTH ROAD, SUITS 400, PLYMOUTH
MEETING, PA 19462.
(E) "hole" means the promissory note signed by Borrower and dated MAY 25, 2007. The Note states that
Borrower owes Lender ONE HUNDRED FORTY-FOUR THOUSAND AND 00/100 Dollars (U.S.
5144, 000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to
pay the debt in full not later than JUNE 1, 2037.
(F) "Property" means the property that is described below undcr the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums duc under this Security Instrument, plus interest.
MNSYLVANIA-Single Fancily-Foocie MaefFreddie Mse UNIFORM INSTRUMENT
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(H) "Riders" means all Riders to this Security Instrument that arc executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
O Adjustable Rate Rider
O Balloon Rider
? 14 Family Rider
O Condominium Rider
O Planned Unit Development Rider
? Other(s) (specify)
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Does, 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. Such 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
$$ y .y third parry (other than insurance proceeds paid under the coverages described in Section 5) for. (i)
d'am gc to, or destruction of, thlProperty; (ii) condemnation or other taking of all or any part 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 n%oppayment of, or default on, the
Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that arc imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(Q) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not
that patty has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER 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 Vote; 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 MFRS the following described property located in the COUNTY (Type of Recording Jurisdiction) of
CUM9ERLAND (Name of Recording Jurisdiction)
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of 616 4TH STREET, NW CUMBERLAND, Pennsylvania 17070
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
PENNSYLVANIA-Single Family-Fannie Maeffmcidle.mac UNIFOR.N INSTRtGMENT
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O Biweekly Payment Rider
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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 MERS holds only legal title to the
interests granted by Borrower in this;Security Instrument, but, if necessary to comply with law or custom,
MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of
those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any
action required of Lender including, but not limited to, releasing and canceling this Security Instrument.
BORROWER 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 title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property-
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security 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 arc deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are 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 scheduled due date, then Lender need not pay interest
on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. It 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 be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now
or in the fixture 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 be
applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be
applied first to late charges, second to any other amounts due under this Security Instrument, and then to
reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be
PENNSYLVANIA-Single Family-Faonle ShelFreddte.tae UNIFORM INSTRUMENT
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applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due 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 5; and (d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items," At origination or at any
time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to
apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an 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
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as requited by RESPA, and Burrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
PENNSY]YANIA-Single Family-Fanare Muffreddle Mac UNIFORM INSTRUMENT
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ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
extent that these items are Escrow Items, Borrower shall pay them in the 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) comeests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
the enforcement of the lien while those proceedings are pending, but only until such proceedings arc
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 part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification 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 tern "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 Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time rcmappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at
the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lenders 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
PENNSYLVANIA-Single Family-Fanole Mae/Freddie Mac UNIFORM INSTRUMENT
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payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess. if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in. Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 (rays to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under Section
22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an
amount not to exceed the amounts unpaid under the Notc or this Security Instrument, and (b) any other of
Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all
insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property.
Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid
under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year alter the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which arc beyond Borrower's control.
7. Preservation, Maintenance and Protection of 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 not 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 responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. 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. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property.
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan AppIleation. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or
failed to provide Lender with material information) in connection with the Loan. Material representations
include, but arc not limited to, representations concerning Borrower's occupancy of the Property as
Borrower's principal residence.
9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument.
If(;;) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/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 Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to
PENNSYLVANIA-Single FamdyFaante MarlFreddle rtac UNIFORM INSTRUMENT
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protect its interest in the Property and/or tights under this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off. Although
Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lendcr to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel
the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the
ground 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, Borrower shall pay the premiums required to maintain the Mortgage insurance in effect. If, for any
reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer
that previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-
refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay
Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer
selected by Lender again becomes available, is obtained, and Lender requires separately designated payments
toward the premiums 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 premiums required to maintain Mortgage Insurance in effect,
or to provide a non-refundable loss reserve, until Lender'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 in this Section 10 affects Borrower's obligation to pay
interest at the rate provided in the Note,
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
arc on terms and conditions that arc satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source of
funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides
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.
PENNSYLVANIA-Singlc Family-Fanote Mot/Freddie Mac UNIFORM INSTRUMENT
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(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 bc'applicd 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,
Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to
collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
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 begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of
Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim
PENNSYLVANIA-Singlc Family Fannie Mae/Freddie Vitae UNIFORM INSTROWENT
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for damages that arc attributable to the impairment of Lender's interest in the Property are hereby assigned
and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of 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 amortization
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.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a 'co-signer"): (a) is co-signing this Security
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 Instrument or the Note without the co-signer's
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all
of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted
so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will
be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be 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. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender 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
PENNSYLVANIA-Single Funily-Fannie J1acffreddle }Mac UNIFORM INSTRUMENT
fe:.) 347.32 Pap 9 or 13 Form 3039 1101
BKI997PG1148
7000043767
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.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the panics to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the
event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take
any action-
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any 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 Sccurity
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions.
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of, (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions arc that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note 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 right-, under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Sccurity 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) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
PENNSYLVANIA-Single Family-Faunle MaHFreddle Mae UNIFORM LYSTRUMENT
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the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic
Payments due under the Note and this Security Instrument and performs other mortgage loan servicing
obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more
changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be. given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be made and any other information RESPA requires in
connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and arc not assumi d by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other parry 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 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
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,
(b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give 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 Emvirorunental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (e) 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 regulatory authority, or any private parry, that any removal or other remediation 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.
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 IS unless Applicable Law provides otherwise). Lender shall notify
PENNSYLVANIA-Single Family-Faonte MadFreddie Mac UNIFORM LNSTRUMENT
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Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense
of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at Its option
may require immediate payment in full of all sums secured by this Security Instrument without further
demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to
collect all expenses incurred in pursuing the remedies provided In this Section 22, Including, but not
limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void- After such occurrence. Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay 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 14 shall extend to one
hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment
is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
- BORROWER - BRYAN S. HOMER - DATE -
PENNSYLVANIA-Single Family-Faanle MadFreddie Mac UNIFORM L\STRUMENT
OR j- 347.32 Page 12 of 13 Form 30391/01
BKI997PG1151
e a
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(Space Below This Line Fur Acknowledgment I
STATE OF
COUNTY OF
On this the aS day of W .?C70 rl before me,
0 "Ns r\ the unde igned officer, personally appeared
c L
Qnt -??
known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged that hclshe/they executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and ?_?
official seal. No ry Public
ission Expires:
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
JACK V. VALENTIN, Notary Public
Lower Paxton Twp., Dauphin County
My Commission Expires June 26, 2010 .
AlateDe?, Femr vos AssoclsNotl of Nolsriss
CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within named Lender is
401 PLYMOUTH ROAD, SUITS 400, PLYMOUTH MEETING, PA 19462 witness my hand this
25TH day of MAY, 2007.
V
A ent Lcndcr
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL '
JACK V. VALENTIN, Notary Public
Lower Paxton Up., Dauphin County
My Commission Expires June 26, 2010
ett +r,`Mnn?ylvn+N.Naoof?n of NoisHe?
PEN%'SYLVA.N1ASing1c Family-Fannie Mae/Freddie Mae UNIFORM INSTRUME.NT
4ez) 347.32 Page 13 of 13 Form 3039 1/01
BKI997PG1 152
This commitment is invalid unless the Insuring Provisions and Schedules A and B are attached.
Schedule C
ALI, THAT CERTAIN lot or piece of land situate in the Borough of New
Cumberland, Cumberland County, Pennsylvania, bounded and described in
accordance with a survey and plan thereof made by Gerrit J. Betz Associates, Inc.,
dated January 11, 1977, as follows:
BEGINNING at a point on the east side of Fourth Street, said point being 75 feet
north of the northeast corner of Rosemont Avenue and Fourth Street; thence along
the east side of Fourth Street, North 23 degrees 30 minutes East, 25 feet to a corner
of premises known as Lot No. 23 on the hereinafter mentioned Plan of Lots; thence
along said lot, South 66 degrees 30 minutes East, 140 feet to a point on the west side
of Ruby Avenue; thence along the same, South 23 degrees 30 minutes West, 25 feet
to a corner of premises known as Lot No. 21 on said Plan of Lots; thence along said
premises and passing through the center of a partition wall, North 66 degrees 30
minutes West, 140 feet to the point and place of BEGINNING.
BEING Lot No. 22 on Plan of Buttorf Section H, recorded in Cumberland County
Deed Book N, Volume 5, Page 498.
HAVING THEREON ERECTED a two and one-half story frame dwelling known as
618 Fourth Street, New Cumberland, Pennsylvania.
BEING Parcel No. 25-25-0006-106
I Certify t1:1s LU
In Cumbei lan(:.
UA 997PG 1 153
EXHIBIT `B'
0-e? 0
?aSO a9 ?{aoS
narE
NMI
ME f7OS4492918
MAY 25, 2007 HARRISBURG PENNSYLVANIA
[Date] [City) [State]
618 4TH STREET, NEW CUMBERLAND, PA 17070
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $144,000.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is WILMINGTON FINANCE INC.. I will make
all payments under this Note in the form of cash, chock or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer
and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 7.625%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described
in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month,
I will make my monthly payment on the 1ST day of each month beginning on JULY 1, 2007. I will
make these payments every month unfit 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 JUNE 1, 2037, I still awe 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 PO BOX 209, PLYMOUTH MBET G, PA 19462 or at a
different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $1,019.22,
4. BORROWER'S RIGHT TO PREPAY SEE 'PREPAYMENT RIDER TO NOTE' ATTACHED HERETO
AND MADE A PART HEREOF.
I have the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a "PrepaymcnL" When I make a Prepayment, I will tell the Note Holder in writing that I am doing so_ 1
may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note
Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note
Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying
my Prepayment to reduce the Principal amount of the Note. If f make a partial Prepayment, there will be no changes
in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
MULTISTATE FIXED RATE NOTE -Singk Family- Fannie MaalFraddk Mac UNIFORM INSTRUMENT
tt? 1.109 Page I of 3 Form 2300 [lot
Modified bywixxxxczox rxNANcz imc.
?11`?
0 0
2000043767
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15-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 5.0 0 0% ofmy
overdue payment ofprincipal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which
has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on
which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if] am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if
I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. This means that any one of us may be required to pay all of the amounts owed under this
Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and Notice of
Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
10. 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 same date as this Note, protects the Note Holder from possible losses which might result if I
do not keep the promises which 1 make in this Note. That Security Instrument describes how and under what
conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of
those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if such
exercise is prohibited by Applicable Law.
MULTISTATE FIXED RATE NOTE -Single Family-- Fannie MadFrsddie Mu UNIFORM INSTRUMENT
e) 5.108 Pogo 2 or3 Form 3200 1101
Modified bywzrmmzxaxox Fzxaxcs roc.
2000043767
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all gums secured by this Security
Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
- BORROWER - BRYAN E. HOMER - DATE -
[Sign Origirml Only]
MULTISTATE FIXED RATE NOTE -Single Family- Faanie MaaTreddlr Mae UNIFORM INSTRUMENT
l°V 5.108 Page 3 of3 Form 3200 Trot
Modified by XILNINOLom PINAucz INc.
0 0
PREPAYMENT RIDER TO NOTE
RMIL
Loan N: 3000043767
MIN:100372407054492919
The Note dated MAY 25, 2007 between WILMINGTON FINANCE INC. (Lender) and BRYAN B.
ROMER (Borrower or 1) is hereby amended as follows:
I. Additional Covenants. Notwithstanding anything to the contrary set forth in the Note or Security instrument,
Borrower and Lender covenant, and agree, that the provisions of the section of the Note entitled "BORROWER'S
RIGHT TO PREPAY" or "BORROWER'S PREPAYMENTS BEFORE THEY ARE DUE" is amended to read as
follows:
I have the right to make payments of principal at any time before they are due, A prepayment of the entire
unpaid principal is known as a "Full Prepayment". A prepayment of only part of the unpaid principal is known as a
"Partial Prepayment". When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may
not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
Except as provided below, 1 may make a full prepayment or a partial prepayment without paying any
penalty. If I make a partial prepayment equal to one or more of the monthly payments, my due date may be
advanced no more than one month. If I make any other partial prepayment, I must still make each later payment as it
becomes due and in the same amount. I may make a full prepayment at any time. However, if within the first 36
months after execution of the Mortgage, 1 make any prepayment(s) within any 12 month period, the total amount of
which exceeds ten percent (10%) of the original principal amount of this loan; I will pay a prepayment charge in an
amount equal'to 5.000% of the amount prepaid in excess of 10% of the original principal balance of the Note.
This Rider will remain in full force and eftct unless the Note is transferred by Lender and the Borrower is
notified in writing by the new Note Holder, at its sole option, has declared the Rider null and void. If the Rider is
declared null and void, the original Note terms shall remain in full force and effect.
By signing below, Borrower(s) accept(s) and agree(s) to the terms; and covenants contained in this
Prepay Went Penalty Rider to Note.
RROWBR - BRYAN E. ROMER - DATE
C_+ 9906.5 Page 1 of I
EXHIBIT ` C'
. (Rev. 9/2008)
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: December 30, 2009
BRYAN E. HOMER
618 4' STREET
NEW CUMBERLAND, PA 17070
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 (HEMAP) 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 78869),
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.
7160 3820 3530 •-
0578 4602
¦¦
?'•
HOMEOWNER'S NAME(S):
PROPERTY ADDRESS:
LOAN ACCOUNT NUMBER:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
BRYAN E. HOMER
618 4TH STREET, NEW CUMBERLAND, PA 17070
MERS, AS NOMINEE FOR WILMINGTON FINANCE,
INC.
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 (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF
THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO
BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit
counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30)
days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit
counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is
only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of your default). You have the
right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do
so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with
one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer
credit counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a
foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your
face-to-face meeting with the counseling agency.
YOU SHOULD FILEA HEMAPAPPLICATIONAS SOONAS POSSIBLE. IF YOU HAVE A MEETING
WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE
AND FILE AN APPLICA TION WITH PHFA WITHHN 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'
YOU HAVE THE RIGHT TO FILEA HEMAPAPPLICATION EVEN BEYOND THESE TIME
PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSUREACTION, BUT IF YOUR APPLICATIONIS EVENTUALLYAPPROVED ATANY
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: 618 4 STREET, NEW CUMBERLAND, PA 17070 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 7/1/09 through 12/1/09 in the amount of $1,181.47 per month:
Monthly Payments Plus Late Charges Accrued: $7,394.58
Property Inspections: $95.00
Advances/Escrow: $696.84
(Suspense) ($0.00)
TOTAL AMOUNT TO CURE DEFAULT $8,186.42
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 $8,168.42, 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: Robert Hamberg
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this
letter. (do not use if not applicable.)
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the
date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that
the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to
pay the mortgage in monthly installments. If full payment of the total amount past due is not made within
• THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon
your mortgaged property.
IF YOUR MORTGAGE IS FORECLOSED UPON - The Mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before
the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees
that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have
to pay all the reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any
attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs.
If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's
fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure
the default and prevent the sale at any time up tone hour before the Sheriff's Sale. You may do so by paving 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 Sheriffs Sale as specified in writing
by the lender and by performing any other requirements under the mortgage. Curing your default in the
manner set forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's
sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this
Notice. A notice of the actual date of the Sheriff's sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what
the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER -
US Bank, N.A.
205 West Fourth Street
Cincinnati, 01145202
Tel.: (513) 632-4768
Attention: Robert Hamberg
EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriff s Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or XX may not sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are
satisfied.
YOU MAY ALSO HAVE THE RIGHT:
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR
TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS
DEBT
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF
• TO HAVE THE MORTGAGE RESORED TO THE SAME POSITION AS IF NO DEFAULT
HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE
RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR
YEAR).
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE
PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE
DOCUMENTS
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION
BY THE LENDER
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
Very truly yours,
Gregory javardzan
LAW OFFICES OF GREGORY JAVARDIAN
ATTORNEY FOR LENDER
CC: PENNSYLVANIA HOUSING FINANCE AGENCY -VIA EMAIL - Act91 gph&,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
U
TO: BRYAN E. HOMER
618 4TH STREET
NEW CUMBERLAND, PA 17070
SENDER:
CW
HOMER V. US BANK
160 3820 3530 0578 4602
Total Postage & Fees
US Postal Service -POSTMARK OR DATE
r
Receipt for
Certified Mail
No Insurance Coverage Provided
Do Not Use for international Mall
RETURN Postage
RECEIPT Certified Fee
SERVICE
Retum Receipt Fee
Restricted Delivery
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 unsworn falsification to
authorities.
Name: IRhaerr /yg••-•8F-?(? I
Title: Fon FCIoS?K ?? ??`?.2.4 t? 5 U.S. Bank, N.A. ND
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
'rCE
Sheriff
?L t? Gt C :urt?? L 0, t_:
Jody S Smith FIR-0, rt?.,f.-1T/?PY
Chief Deputy 2010 MAR 22 ikl 0: 8
Edward L Schorpp
Solicitor OFFI(:. r T1-" Ty
1JL \ ? ' I,, 1 I ,
US Bank NA
Case Number
vs.
Bryan E. Homer 2010-1891
SHERIFF'S RETURN OF SERVICE
03/18/2010 05:09 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 18,
2010 at 1709 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Bryan E. Homer, by making known unto himself personally, at 618 Fourth
Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time
handing to him personally the said true and correct copy of the same. p
NOAH CLINE, DEPUTY
SHERIFF COST: $43.30
March 19, 2010
SO ANSWERS, RON R ANDERSON, SHERIFF
(C? COU!lty'SLAO Sherri. TeteesOft. Inc.
LAW OFFICES OF GREGORY JAVARDIAN
GREGORY JAVARDIAN, ESQUIRE ID No. 55669 THE PRO,HONOW" l
MARY F. KENNEDY, ESQUIRE ID No. 77149
MEGHAN K. BOYLE,ESQUIRE ID No. 201661 SEP 2•
SEAN P. MAYS,ESQUIRE ID No. 307518 CUMBERLAND COUNTY
RICHARD J.NALBANDIAN, III,ESQUIRE ID No. 312653 PENNSYLVANIA
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690 ATTORNEYS FOR PLAINTIFF
U.S. Bank,N.A. ND Court Of Common Pleas
Plaintiff
Civil Division
VS.
Cumberland County
Bryan E. Homer
Defendant No. 10-1891
PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly DISMISS, without prejudice, the Complaint in Mortgage Foreclosure filed in the instant action on
March 17,2010.
Date: 9/18/13 �—
C✓1Gregory Javardia , Esquire ID No. 55669
[]Mary F. Kennedy, Esquire ID No. 77149
❑Meghan K. Boyle, Esquire ID No. 201661
[]Sean P. Mays, Esquire ID No. 307518
❑Richard J. Nalbandian, III, Esquire ID No. 312653
Attorneys for Plaintiff
{00029492}