HomeMy WebLinkAbout10-3351LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215)942-9690
~,;: Tyr ~1~-~ , ~. , r,hY
~ ~ ` a r~,S
201 ~~-~f i ~ ~;~~ ~ c ~ a
ATTORNEY FOR ~`t')~I~F~~zP~;`,~/$'~~~
t/M(.; MuR'1 GAGE CORPORATION,
ATTORNEY-IN-FACT FOR THE
BANK OF NEW YORK MELLON
F/K/A THE BANK OF NEW YORK
AS SUCCESS TRUSTEE TO
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR
STEARNS ALT-A TRUST,
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-2
7301 BAYMEADOWS WAY
JACKSONVILLE, FL 32256
PLAINTIFF
VS.
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
2172 REAR CHESTNUT STREET
CAMP HILL, PA 17011
DEFENDANTS
NOTICE
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
COMPLAINT IN
MORTGAGE FORECLOSURE
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 s
Carlisle, PA 17013 ~Qa. p O P Q AT7`~
717-249-3166 ~~~ 5y(o50
800-990-9108
2,~ ay a 3(~a
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 TN THIS
SUIT.
LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690 ATTORNEY FOR PLAINTIFF
EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS
ATTORNEY-IN-FACT FOR THE
BANK OF NEW YORK MELLON CIVIL DIVISION
F/K/A THE BANK OF NEW YORK
AS SUCCESS TRUSTEE TO CUMBERLAND COUNTY
JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION AS
TRUSTEE FOR THE NO.
CERTIFICATEHOLDERS OF
STRUCTURED ASSET MORTGAGE COMPLAINT [N
INVESTMENTS II INC. BEAR MORTGAGE FORECLOSURE
STEARNS ALT-A TRUST,
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-2
7301 BAYMEADOWS WAY
JACKSONVILLE, FL 32256
PLAINTIFF
VS.
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
2172 REAR CHESTNUT STREET
CAMP HILL, PA 17011
DEFENDANTS
CIVIL ACTION MORTGAGE FORECLOSURE
EMC Mortgage Corporation, Attorney-in-fact for The Bank of New York Mellon f/k/a
The Bank of New York as success Trustee to JPMorgan Chase Bank, National
Association as Trustee for the Certificateholders of Structured Asset Mortgage
Investments II Inc. Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates
Series 2006-2 (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
3
4
5.
6
7
Timothy F. Straub and Calvin W. Williams, III (hereinafter referred to as "Defendants")
are adult individuals residing at the address indicated in the caption hereof.
Plaintiff brings this action to foreclose on the mortgage between Defendants and itself as
Mortgagee by Assignment. The Mortgage, dated December 28, 2005, was recorded on
January 3, 2006 in the Office of the Recorder of Deeds in Cumberland County in
Mortgage Book 1936, Page 1453. 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.
The Mortgage secures the indebtedness of a Note executed by Timothy F. Straub on
December 28, 2005 in the original principal amount of $88,000.00 payable to Plaintiff in
monthly installments with an interest rate of beginning at 7.25%. A copy of the Note is
attached and made a part hereof as Exhibit `B'.
The land subject to the mortgage is 2172 Rear Chestnut Street, Camp Hill, PA 1701 1. A
copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and
incorporated herein.
The Defendants are the Record Owners of the mortgaged property located at
2172 Rear Chestnut Street, Camp Hill, PA 17011.
The Mortgage is now in default due to the failure of Defendants to make payments as
they became due and owing. As a result of the default, the following amounts are due:
Principal Balance $88,000.00
Interest to 5/13/2010 $8,184.80
Accumulated Late Charges $265.80
Recoverable Balance $248.00
Cost of Suit and Title Search $550.00
Attorney's Fees $1,300.00
TOTAL $98,548.60
8
plus interest from 5/14/2010 at $17.48 per day, costs of suit and attorney's fees.
The attorney's fees set forth above are in conformity with the Mortgage documents and
Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriff's
sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be
charged.
9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a
defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S.
Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91
Notice") 35 P.S. Section 1680.403c.
10. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency
Mortgage Assistance were required and Plaintiff sent the uniform notice as
promulgated by the Pennsylvania Housing Finance Agency to the Defendants by
regular and certified mail on April 9, 2010. A copy of the Notice is attached and
made a part hereof as Exhibit `C'.
WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the
mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $98,548.60 together
with the interest from 5/14/2010 at $17.48 per day, costs of suit and attorney's fees.
Law Offices of Gregory Javardian
BY:
Gr ory J ar ~
ttorney I o. 55669
Attorney f Plaintiff
EXHIBIT `A'
~'{8 ~5
Prepared By: Ivanhoe Financial, Inc.
604 Courtland St Ste 320
Orlando, FL 32804
(. (. ~. ".~ .. _._...~ i
V ~i 1 ... I: ~ L ~. ~' ~~ ~ . . ~ ~ I - t 1
EGGS J~Pi 3 ~(~ 1i 58
Rerurn To: Ivanhoe Financial, Inc.
604 Cour#land St #320
Orlando, FL 32804
~~uc. 131 i R~~}(p
Parcel No.: 01-21-1271-445
MIN: 100035011300220526
DEFINITIONS
(Space Abo~•e'1'his Line For Recording UataJ
MORTGAGE
Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 1 !, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security tnstrument" means this document, which is dated December 28, 2005 ,together with
all Riders to this document.
~ (a) C°Borrower" is TIMOTHY STRAUB, A Married Man And CALVIN W WILLIAMS III, A Married
~ Man
~~
Borrower is the mortgagor under this Security Instrument.
(C) "MFRS" 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. MFRS is organized and existing under the laws of Delaware, and has an address
and telephone number of P.O. Box 2026, Flint, M[ 48501-2026, tel. (888) 679-MFRS.
(D) "Lender" is Ivanhoe Financial, Inc.
Lender is a a Delaware Corporation organized and existing under
the laws of Delaware .Lender's address is
604 Courtland Street, Suite 320, Orlando, FL 32804
(E) °`Note" means the promissory note signed by Borrower and dated December 28, 2005 .The Note
states that Borrower owes Lcnder Eighty Eight Thousand and no/100
llollazs (U.S. $88,000.00 )
plus interese. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full
not lacer than January 01, 203fi .
PENNSt'LVANIA-Single Family-Fannie Hlac/Freddie lac UNIFORM INSTRUMENT
ITEM2760L! (0501}-HERS 1130022052 (Page 1 ojl4pages)
Form 3039 1/01
GreaDxs^'
To Order Calk 1-800.968-5775
BKi936°Gi453
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(i~ "Riders" means ail Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
Adjustable Rate Rider ~ Condominium Rider ~ Second Home Rider
Balloon Rider _j Planned Unit Development Rider ~ Other(s) [specify]
XJ 1-4 Family Rider ~ Biweekly Payment Rider
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
{I~ "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 terntinal, 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
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; {ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(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
unplementing 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 are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
PENtiSYLVANIA--Single F~rnify-Fannie ~lae/Freddie lac UN(FOR:~I [NSTRti113ENT
IrEM278012 (0501--MFRS 1130022052 (Page 2 of 14pagesf
Form 3039 1/Ol
GreaOocs^'
To Order CaIC 1.800.968-5775
SI{1936PG1454
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: {i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns
of MERS the following described property located in the County
[Type of Recording Jurisdiction]
of CUMBERLAND
[Name of Recording Jurisdiction]
which currently has the address of 2172 CHESTNUT STREET
IStreetl
CAMP HILL ,Pennsylvania 17011 ("property Address"}:
[City] [Zip Code]
TOGETHER WITH al] the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that 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 far
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•
t'F.,Ya\'Sk'[,VANIA--Single Family-Fannie hiadFreddie Mac UNIFORM IYSTRUbfENT Form 3039 1/Ol
Greataooc"'
REM 276013 (p5p1)-MERS 1130022052 (Page 3 oJ14 pages) To Order Calk 7.800-968-5775
BK ! 936PG 1455
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
]. ~ 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 irr one or more of the following forms, as selected
by Lender: (a) cash; (b} money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be 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. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds
or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now
or in the future against Lender shall relieve Borrower from making payments due under the Note and this
Security Instrument or performing the covenants and agreements secured by this Security Instnrment.
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
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 l0. 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 al! notices of amounts to be paid under this Section. Borrower
PENNSS'LVANG\~inglc Family-Fannie iitae/Freddte biac Ul\IFORA1INSTRUIUEYT Form 3034 t/01
ITEM Z760L4 (D601 ~-MERS 1130022052 (Pa e4o I4 Greamxs"'
g j pages) To Order Ca11: 7-900-968.5775
SK1936PG1456
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 a!t
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 ail 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 Sarrower 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. [f there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more than l2 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security instrument, leasehold payments or
ground rents on the Property, if any, and 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 prioriry over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
the enforcement of the lien while those proceedings are pending, but only until such proceedings are
concluded; or (c) secures from the holder of the [ten 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 aver this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within ]0 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.
PENNSYLVANW---Single Family-Fannie Alae/Freddie M1tac Ul\IFORM1IINS'fRUM1IEIi /' Form 3039 t/01
GreafDoc ~ ^'
ITEM 2i60L5 (0501-MFRS 1130022052 (Page S ojl~l pager) To Order Cap: 1.800-96&5775
BK1936PG1457
Lender may require Borrower to pay aone-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, 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, H•hich 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, certitcation and tracking services; or (b) a
one-time charge for flood zone determination and certification services and subsequent chazges each time
remappings or similar changes occur which reasonably might affect such determination or certification. Borrower
shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in
connection with the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain utsurance 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 held 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 foss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not 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. ]f the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related rnatters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim, The 30-day period will
begin when the notice is given. [n either event, or if Lender acquires the Property under Section 22 or
PE\VSYLVANIA-Single Family-Fannie 11Iae/Freddie htac UNIF012~I INSTRU~IE\T dorm 3039 1/O1
GreaUoca T"
rrEM 276016 (0501}-1AERS 1130022052 (Page b ojl4 pages) To Order Call: 1-800-968-5775
SK1936PG1458
otherwise, Borrower hereby assigns to Lender {a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument, whether or not then due.
b. 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
Prop~:rry as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
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 are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and 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 specify;ng such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material representations
include, but are not limited to, representations concerning Borrower's occupancy of the Property as
Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
If (a} Borrower fails to perform the covenants and 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
protect its interest in the Property and/or rights 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. h is agreed that Lender incurs no liability for not taking any or all actions .authorized
under this Section 9.
PENNSYLVANiA~ingle Family-Fannie dradFreddie M1Tac UNIFORM INSTRU~IEAT Form 3039 1/01
GreatDOCS"'
ITEM 276oV (0501}-HERS 1130022052 (Page 7 of 14 pages) To Order Call: 5-800.969-5775
BK1936PG1459
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall con-ply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the Loan,
Borrower shat! 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 ]nsurance. Such loss reserve shall be non-refundable,
notwithsT~~nding 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 ]nsurance. 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 anon-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. Nothin; in this Section ]0 affects Borrower's obligation to pay
interest at the rate provided in Ehe 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 agreetents with other parties that share or modify their risk, or reduce losses. These agreements are on terms
and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements.
These 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 [nsurance 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:
(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 tite 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 oS 1998 or any other taw. 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, andlor to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
PErt1~SY1,vANIA--Single Family-Fannicillae/Freddie,tilac UC\IFOROI INSTRUAIENT Form 3039 t/Ol
REM 276018 (C501}-HERS 9130022052 creaoo~:n
(Page 8 ojl4 pages) To OMer Call: 1-800.968-5775
8K 1936PG (460
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Gender'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 Harrower.
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 toss in value is less than the
amount of thr: 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 $orrower 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 critninal, 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 art}~ award or claim for damages that are
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.
l2. 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
t'ENNSYLVANIA~ingle F¢mily-Fannie MaeJFreddie ~4ac UNIPQR~1 tNSTRU~~IENT
STEM 2760L9 (0501}-HERS 1130022052 (Page 9ojl4 pages)
Form 3039 1/01
GrealDoea"'
7o Order CaA: 100-968-5775
BK 1936PG 146 I
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 Instnrment; 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 Bon-ower's
obligations under this Security Instrument in writing, and is approved by L,euder, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shat! 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.
l4. 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 ttre 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 Noie). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any rig}ti of action Borrower might have arising out of such overcharge.
I5. lYotices. 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 specifies a procedure for reporting Borr'ower's change of address, then Borrower shall only report a change
of address through that specified procedure. There may be only one designated notice address under this Security
Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail
to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice
in connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Tnstrument is also required under Applicable Law, the
Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument.
l6. Governing Law; Severability; Rules of Construction. This Security Tnstrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. Al! rights and obligations
PEA\NSYLVA~tIA~ing(e Family-Fannie ~9adFreddle Vfac UNIFORM\STRUAiENT
ITEM2760L10(0501y-HERS ~~3~ZZd~J2 (Pagel00f/4pages)
Form 3039 L/01
GreamocsTM
To Order Cal: 1-800-968-5775
BK 1 936PG I X62
contained in this Security lnstruntent are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such
silence shall not be construed as a prohibition against 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 ]nstn.rment: (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.
l8. 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 benetcial 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 Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Secur7ty Instrument. Those conditions are 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 Properly and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following
forms, as selected by Lender: (a) cash; (b) money order; {c) 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 shalt remain fully effective as if no acceleration had
occurred. Iiawever, this right to reinstate shall trot apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security ]nstrument) 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 coilecu Periodic
Payments due under the Note and this Security Instrument and performs other mortgage loan servicing
obligations under the Note, this Security Instrument, acrd 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 whic}r 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
t'ENNSYLVA.\IA~ingle Family-Fannie 1VIae/Freddie ivlae UN[FOR~41N5TRUNiE\'f
ITEM 27soL11 (0501}-HERS '1130022052 (Page 11 aj14 pages)
Form 3039 1/0l
GreaIIJxs'•
ro order cair. i-eoo•sse-s775
BKi936PG1463
Loan Servicer other than the purchaser of the Nate, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrowet or Lender has notified the other party {with such notice given
in compliance with the requirements of Sectio(t I S) 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 remove! 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, hazardou> substances in conswner product;).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and
any Hazardous Substance or Environmental Law of which Borrower 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 (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. [f Borrower learns, or is notified by
any governmental or regulatory authority, or any private party, 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 am 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 l8 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding 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 ail sums secured by this Security instrument without
PEWSl'LVA~itA-Single Family-Fannie 31ae/Freddie ~tac UNIFOR\11\STRU~IE\7'
REM2760U2(0501)-HERS 1130022052 (Page ~7oflApages)
Form 3039 1lOl
GrealDoca•"
ro order catr. ~-eoo-sss-Sns
BK1936PG1464
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 ail 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 Jnstrument, 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, lery and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section l9 shall extend to one hour
prior to the commencement of bidding at a sherill's sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. !f 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
1 through 14 of this
r~
~, Borrower accepts and agrees to the terms and covenants contained in pages
Instrument and in any Rider executed by Borrower and recorded with it.
~ r I ~~
(Seal)
-Borrower
(Seal)
-Borrower
Witness;
Witness:
PE\~iSYL~'A,\l.~~ingle Family-Fannie 1lac/FrLtildie hiac Ui`itFORD1INSTRU~IE\'t
ITEM2760L13(0501}-HERS 1130022052 (Pogel3oJl4pagesJ
-(Seal)
-Borrower
(Seal)
-Borrower
(Seal}
-Borrower
Form 3039 1101
Greamocs^~
7o Order Call: 7 800-968-5775
SKI 936~G 1465
State of Pennsylvania
County of CUMBERLAND
On this the 28th day of December 2005 , before me, `/~~'y",,,..
the undersigned officer, personally appeared TIMOTHY STRAUB, A
Married Man And CALVIN W WILLIAMS III, A Married Man
known to me (or satisfactorily proved) to be the person(s) whose name(s)
subscribed to the within instrument and acknowledged that executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my han
u... k ,.:, x,.,,,~,,,,.,...
~k ~'~~~~
~~
My commission expires:
CERTIFICATE OF RESIDENCE 1, '~~~~ ~ / ///~U/c
do hereby cenify that the correct address o the within named lender is 604 Courtland Street, Suite 320,
Orlando, FL 32804 ,,,~ j
Witness my hand this ~~ day of.,(~~/~/'at`~'-~ ~~ ,
Agent of Lender
PENNSYLVANIA-Single Family-Fannie ~Ise/Freddle,'Nec UNIFOR~~f INSTRU,~IE~1' Fonn 3039 E/01
ITEM2760LS~(0501}-MFRS ~1~3002ZOrJ2 Greapoce^'
(Page 14of 14 pages) ro Order Cal 1-e00-86&5775
BK1936PGi466
... ,,.. _. _ .. .. . ,....j
:f~c9~i ~ C:~ ,~!,1Si~ J! w?Sat
..~ t~~ ~ Mit :,
t~
Ctkii ,L~ ~ ~~'+~ t1~i
SCHEDULE C
Legal Description
Commitment Number: GR05-1123REF
ALL TMAT CERTAIN lot of land situate in the Borough of Camp Hill, County of Cumberland and Commonwealth
of Pennsylvania, more particularly bounded and described as follows, to wit:
I
BEGINNING at a point on the southern line of a twelve (12) foot alley at line of lands now or late of William F.
Sweigert; thence in a southerly direction along the line of said lands sixfy-five (65) feet; more or less, to a point
common to said lands now or late of Sweigert and lands now or late of Richard Ray Maxwe{{ and Helen Georgia
Maxwell, his wife, said point being one ,hundred twenty (120) feet measured norfhwardly along the dividing line
between said lands now or late of Sweigert and Maxwell from the northern line of Chestnut Street; thence in an
easterly direction along said lands of Maxwell ~~fty-eight (58) feet, more or less, to lands now or late of LeRoy A.
Merkle and Helen I. Merkle, his w'rfe; (hence in a northerly direction along said lands now or late of Merkle ~to said
' twelve (12) foot alley; thence in a westerly direction along the southern line of said alley fifty-eight (58} feet, more
or less to the point and place of BEGINNING.
BK ! 936PG I ~c67 ST~WAR'r TITLE
nn • o v niiun .
1-4 FAMILY RIDER
(Assignment of Rents)
THIS 1-4 FAMILY RIDER is made this 28th day of December 2005 ,
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or
Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to
secure Borrower's Note to Ivanhoe Financial, Inc., a Delaware Corporation
(the "Lender") of the same date and covering the Property described in the Security Instrument and located at:
2172 CHESTNUT STREET
CAMP HILL, PA 17011
1Propeny Address)
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In
addition to the Property described in Security Instrument, the following items now or hereafter
attached to the Property to the extent they are fixtures are added to the Property description, and
shall also constitute the Property covered by the Security Instrument: building materials,
appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or
intended to be used in connection with the Property, including, but not limited to, those for the
purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire
prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath
tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals,
washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and
curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which,
including replacements and additions thereto, shall be deemed to be and remain a part of the
Property covered by the Security Instrument. All of the foregoing together with the Property
described in the Security Instrument (or the leasehold estate if the Security Instrument is on a
leasehold} are referred to in this 1-4 Family Rider and the Security Instrument as the "Property."
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree
to or make a change in the use of the Property or its zoning classification, unless Lender has
agreed ir[ writing to the change. Bon•ower shall comply with all laws, ordinances, regulations and
requirements of any governmental body applicable to the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shalt not allow
any lien inferior to the Security Instrument to be perfected against the Property without Lender's
prior written permission.
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in
addition to the other hazards for which insurance is required by Section 5.
MULTISTATE 1-4 FAMILY RIDER-Fannie Mae/Freddie Mac UMFORM INSTRUMENT Form 3170 1101
ITEM 9o9oU (0011)-PENNSYLVANIA 1130022052 (PagC 1 Of 3 page5~ To Ofacr Cell: 1.800-530.9393C1raYR ~~~ ND31
BK i 936PG 1 468
E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted.
F. BORROWER'S OCCiIPANCY. Unless Lender and Borrower otherwise agree in
writing, Section 6 concerning Borrower's occupancy of the Property is deleted.
G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall
assign to Lender all ]eases of the Property and all security deposits made in connect'son with leases
of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate
the existing leases and to execute new leases, in Lender's sole discretion. As used in this
paragraph G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN
POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the
rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are
payable. Borrower authorizes Lender or Lender's agents to collect dse Rents, and agrees that each
tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shat]
receive the Rents until (i} Lender has given Borrower notice of default pursuant to Section 22 of
the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be
paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and
not an assignment for additional security only.
If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be
held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by
the Security Instrument; (ii} Lender shall be entitled to collect and receive all of the Rents of the
Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid
to Lender or Lender's agents upon Lender's written demand to the tenant; (iv} unless applicable
law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to
the costs of taking control of and managing the Property and collecting the Rents, including, but
not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and
maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and
then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially
appointed receiver shall be liable to account for only those Rents actually received; and
(vi) Lender shall be entitled to have a receiver appofnted to take possession of and manage the
Property and coiiect the Rents and profits derived From the Property without any showing as to the
inadequacy of the Property as security.
If the Rents of the Property are not sufficient to cover the costs of taking control of and
managing the Property and of collecting the Rents any funds expended by Lender for such
purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument
pursuant to Section 9.
Borrower represents and warrants that Borrower has not executed any prior assignment of
the Rents and has not performed, and will not perform, any act that would prevent Lender from
exercising its rights under this paragraph.
Lender, or Lender's agents or a judicially appointed receiver, stall not be required to enter
upon, take control of or snatntain the Property before or after giving notice of default to Borratver.
However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time
MULTISTATE t-4 FAMILY RIDER-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 317D 1/OI
ITEM 909012 (0071)-AENNSYLVANW ~ ~ ~022fl52 {]'age 2 of 3 pages) 7o Order Can: 1-800330-93930FaxR616T797ND~~
g~ ~ 936PG E 469
when a default occurs. Any application of Rents shall not cure or waive any default or invalidate
any other right or remedy of Lender. This assignment of Rents of the Property shall terminate
when ail the sums secured by the Security Instrument are paid in full.
I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or
agreement in which Lender has an interest shall be a breach under the Security Instrument and
Lender may invoke any of the remedies permitted by the Security Instrument.
BY SIGNING BE W, Borrower accepts and agrees to the terms and provisions contained in pages
t through 3 of this 1- amily Rider. ~~
Seal ~'1i ~ (Seal)
TI Y S RAUB -Borrower CAT,VIN till. WILLIAMS, III -Borrower
(Seal) (Seal)
-Borrower -]3orrower
(Seal) (Seal)
-Borrower -Borrower
MULTISTATE 1-4 FAMILY RIDER-Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3170 1101
ITEM 9090L3 (0011)-PENNSYLVANIA 1130022052 (page 3 of 3 pages) To Oran Call: ]-800-530-9393OrexR6,679 N037
8~1936PG1470
ADJUSTABLE RATE RIDER
THIS AD3USTABLE RATE RIDER is made this 28th day of December 2005 and
is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or
Security Deed (the "Security Instrument") of the same date given by the undersigned (the "borrower") to
secure Borrower's Adjustable Rate Note (the "Note") to Ivanhoe Financial, Inc., a Delaware
Gorporation
{the "Lender") of the same date and covering the property described in the Security Instrument and
located at:
2172 CHESTNl1T STREET
CAMP HILL, PA 17011
[Property Address]
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTEREST RATE AND MY MONTHLY PAYMENT. INCREASES IN THE
INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN
THE INTEREST RATE WILL RESULT IN LOWER PAYMENTS.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial interest rate of 7.2500 %. The Note provides for
Changes in the interest rate and the monthly payments, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A} Change Dates
The interest rate I will pay may change on the 1st clay of January 2011 ,
And on that day every 6th month thereafter. Each date on which my interest rate could change is
called a "Change Date."
Initials:
Page 1 of 4
1130022052 zo3s5t,1 (o2ioa~
BK1936PG147i
B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The
"Index" is the average of interbank offered rate for six month U.S. dollar-denominated
deposits in the London market (LIBOR), as published in The Wall Street Journal.
The most recent Index figure available as of the date: X first business day
of the month immediately preceding the month in which the Change Date occurs
is called the "Current Index".
1f the Index is no longer available, the Note Holder will choose a new Index that is based
upon comparable information. The Note Holder will give me notice of this choice.
{C) Calculation or Changes
Before each Change Date,~the Note Holder will calculate my new interest rate by adding
Two and One Quarter .percentage points ( 2.2500 %) to the Current
Index. The Note Holder will then round the result of this addition to the X Nearest _ Next
Highest _ Next Lowest one~ighth of one percentage point (0.125 %).
Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest
rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be
sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on
the Maturity Date at my new interest rate in substantially equal payments. The result of this
calculation will be the new amount of my monthly payment .
X The "Interest Only Period"
The "Interest Oniy Period" is the period from the date of this Note through January 7, 2016
For the Interest-Only Period, after calculating my new interest rate as provided above, the Note
Holder will then determine the amount of the monthly payment that would be sufficient to pay
the interest which accrues on the unpaid principal of my loan. The result of this calculation will
be the new amount of my monthly payment.
The "Amortization Period" is the period after the interest-only period. For the
Amortization Period, after calculating my new interest rate as provided above, the Note Holder
will then determine the amount of the monthly payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my
neH~ interest rate in substantially equal payments. The result of this calculation will be the new
amount of my monthly payment.
Page 2 of 4
11 soa22f~s2
Initials:
20386L2 (01104)
8~1936PG1472
(D) Limits on Interest Rate Changes
(Please check appropriate boxes; if no box is checked, 1lrere will be no maximum limn on
changes.)
____ (t) There will be no maximum limit on interest rate changes.
X (2) The interest rate t am required to pay at the first Change Date will not be greater than
12.250 % or less than 2.250 %.
X (3) My interest rate will never be increased or decreased on any single Change Date by more
than One percentage points ( 1.000 °lo) from the rate of interest 1
have been paying for the preceding period.
X (4) My interest rate will never be greater than 12.250 %, which is called the
"Maximum Rate."
X (5) My interest rate will never be less than 2.250 %, which is called the
"Minimum Rate."
____ (6) My interest rate will never be less than the initial interest rate.
X (7) The interest rate I am required to pay at the frst Change Date will not be greater than
12.250 % or less than 2.250 %. Thereafter; my interest rate
will never be increased or decreased on any single Ghange Date by more than One
percentage points ( 1.000 %) from the rate of interest I have been paying for the
preceding period.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my
new monthly payment beginning on the first monthly payment date after the Change Date until the
amount of my monthly payment changes again.
(F) Notice of Changes
The Note Holder wilt deliver or mail to me a notice of any changes in my interest rate and the
amount of my monthly payment before the effective date of any change. The notice will include
information required by law to be given to me and also the title and telephone number of a person who
will answer any question f may have regarding the notice.
Initials:
Page 3 of 4
1130022052
20386L3 (01104)
BK1936PG1~+73
- ,.
,.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
this Adjus#able Rate Rider.
( }
~~ Seal
CA7~VIN 4J. WIJ,J,IAMS, III
(Seal)
_ (Seal}
(Seal)
-,_.-..._..__ (Sea I)
(Seal)
I Certify this to be recorded
In Cumberland County PA
~'
e
Recorder of Deeds
Page 4 of 4
1130022052
20386L5(OI/04)
BK1936PG1~~74
T (Seal)
•
ADJUSTABLE RATE NOTE
(LIBOR Six-Month Index (As Published In The Wall Street Journal}-Rate Caps)
MIN #: 100035011300220526
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY
MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY WTEREST RATE CAN CHANGE AT
ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY.
December 28, 2005 CAMP HILL Pennsylvania
(Date] (Ciryl (State]
2172 CHESTNUT STREET
CAMP HILL, PA 17011
[Property Address]
I . BORROWER'S PROMISE TO PAY
In return for a loan that I have received, i promise to pay U.S. $ 88,000.00 (this amount is called
"Principal"), plus interest, to the order of Lender. Lender is Ivanhoe Financial, Inc., a Delaware Corporation
I will make all payments under this Note in the form of cash, check or money order.
I understand that Lender may transfer this Note. 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 7.2500%. The interest rate I will pay may change in accordance with Section 4 of this Note.
The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any
default described in Section 7(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payments on the first day of each month beginning on February 01, 2006
I will make these payments every month until 1 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. Jf, on January 01, 2036 , l still owe amounts under this Note, I will pay those
amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at 604 Courtland St Ste 320, Orlando, FL 32804
or at a different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments
Each of my initial monthly payments will be in the amount of U.S. S 600.32 .This amount
may change.
(C) Monthly Payment Changes
Changes'in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I
must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in
accordance with Section 4 of this Note.
MULTISTATE ADJUSTABLE RATE 1VOTE-LIBOR SUC-MONTH 4~IDEX (AS PUBLISHED G'~ THE WALL SfREET10URNAL}-
5ingle Family--F~anie Mae Uniform Inslrumeot Form 3520 1/Ot
rreM57sati (OOr1) 1130022052 (Page t oJ4pagesJ Toordaar t or-eao-o`aa~.sns
•
4. INTEREST RATE AND MONTHLY PAYMENT CHANCES
(A) Change Dates
The interest rate I will pay may change on the ftrst day of January 2011 ,and on that day every
sixth month thereafter. Each date on which my interest rate could change is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank
offered rates for six month U.S. dollar-denominated deposits in the London mar};et {"LIBOR"), as published in Tice Wall
Street Journol. The most recent Index figure available as of the first business day of the month immediately preceding the
month in which the Change Date occurs is called the "Current Index."
if the Index is no longer available, the Note Holder wi]! choose a new index that is based upon comparable information.
The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and One Quarter
percentage points ( 2.2500 %) to the Current Index. The Note Holder will then round the result of this addition to the
nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount
wilt be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid
principal that I am expected to owe at the Change Date in ftt11 on the Maturity Date at my new interest rate in substantially
equal payments. The result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rafe Changes
The interest rate I am required to pay at the first Change Date will not be greater than 12.2500% or less than
2.2500 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than
One
percentage points ( 1.0000 %) from the rate of interest I have been paying for the preceding 6 months. My
interest rate will never be greater than 12.2500 %.
(E) Effective Date of Changes
My new interest rate wilt become effective on each Change Date. [will pay the amount of my new monthly payment
beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again.
(F~ Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly
payment before the effective date of any change. The nptice will include information required by law to be given to me and
also the title and telephone number of a person who will answer any question I may have regarding the notice.
(G) See tnterest Onty Addendum to Note.
5. BORROWER'S RIGHT TO PREPAY
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 "Prepayment." When I make a Prepayment, 1 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 this Note.
I may make a full Prepayment ar partial Prepayments without paying any Prepayment charge. The Note Holder will use
my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my
Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the
Principal amount of this Note. if 1 make a partial Prepayment, there will be no changes in the due dates of my monthly
payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my
monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial
Prepayment may be offset by an interest rate increase.
6. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limiu, 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 that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund
by reducing the Principa! 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.
Form 3520 t/Ot
Grsatoora ^~
rt~r srso~z tmsi> 1130022052 (Page 2 oJ4 pages) To Ordsr Cea: 5-eooasa~577s
•
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of Fifteen calendaz
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.0000
of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B) Default
If 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 that has not been paid and all
the interest that I owe on that amount. 'That date must be at least 30 days after the date on which the notice is mailed tome or
delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described
above, the Note Holder will stiff) have the right to do so if 1 am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has requtred 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.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to the under this Note wilt 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 1 give the Note
Holder a notice of my different address.
Unless the Note Holder requves a different method, any notice that must be given to the Note Holder under this Note
wilt be given 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.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Note, including the promise to pay the 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. 't`his means that any one of us may be
required to pay all of the amounts owed under this Note.
10. 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.
11. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some•jurisdictions. In addition to the protections given to the
Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date
as this Note, protects the Note Holder from possible losses that might result if 1 do not keep the promises that ]make in this
Note. That Security Instrument describes how and under what conditions !may be required to make immediate payment in
full of all amounts I owe under this Note. Some of those conditions read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which is the transfer of title by Borrower at a future date to a purchaser.
Form 3520 1101
~M srsa~a {ao»> 1130022052 (Page 3 Of 1 pageaJ To Ordsr Csti: 1-e00~96b5775
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. Lender also shall not exercise this
option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended
transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's
sectuiry will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in
this Security instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and
in this Security instrument. Borrower will continue to be obligated under the Note and this Security Instrument
unless Lender releases Borrower in writing.
if Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of
acceleration. The 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.
Borrower has executed and acknowledges receipt of pages I through 4 of this Note.
WITNESS THE HAND(S) A EAL(S) OF THE UNDERSIGNED
1
n ua -Borrower
_(Sea1)
-Borrower
(Seal) (Seal)
-Bortowa -Borrower
(Seal) (Seal}
-Borrows -Borrower
[Sign Orrgina! Only)
Form 3520 1101
GreatOocs ^'
rTEM5750L~ (0011) 1130022052 (Page 4oj4 pages) ToOrdxCall: r~800.668~5775
•
Loan Number. 1130022052
INTEREST-0NLY ADDENDUM
ADDENDUM TO AD3USTABLE RATE NOTE
This interest-only addendum is made December 28, 2005 and incorporated into and deemed
to amend and supplement the Adjustable Rate Note {the "Note") and the Mortgage, Deed of Trust or
Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to
secure the Note to Ivanhoe Financial, Inc. (the "Lender")
of the same date and covering the property described in the security instrument and located at
2172 CHESTNUT STREETCAMP H!t_L, PA 17011
THIS ADDENDUM SUPERSEDES Section 3(A) and (B) of the Note. All other terms and COnditlOnS
of the above referenced Note remain is full force and effect.
3. PAYMENTS
(A) Time and Place of Payments.
I will pay interest by making the payments every month for the first 120 monthly payments {the
"Interest-Only Period") in the amount sufficient to pay interest as it accrues.. I will pay principal
and interest by making payments every month thereafter for the next 240 months in an
amount sufficient to fully amortize the outstanding principal balance of the Note at the end of the
Interest-Only Period over the remaining term of the Note in equal monthly payments.
1 will make my monthly payments on the 1 ,~ day of each mcinth beginning February 1, 2006 .
I will make these payments every month until I have paid all of the principal and interest and any
other charges described below that I may owe under this Note. Each monthly payment will be
applied as of its scheduled due date and will be applied to interest before principal. If, on
January 1, 2036 , ]still owe amounts under this Note, I will pay those amounts
in full on that date, which is called the "Maturity Date."
i will make my payments at 604 Courtland St Ste 320, Orlando, FL 32804
or at a different place if required by the Note Holder.
(B) Amount of My Initial Monthly Payments.
Each of my initial interest-only monthly payments will be in the amount of US $ 531.67
This amount is based on the original principal balance of the Note. If I make payments to
principal during the interest-only period, the remaining interest payments will be based on the
remaining princi balance.
1
TIMOTHY STRAUB Date Date
Date
Date
Date
Date
zaaott,o ~ozroal
EXHIBIT `C'
r (Rev. 9/2008)
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
Date: April 9, 2010
TIMOTHY STRAUB CALVIN W. WILLIAMS III
2172 REAR CHESTNUT STREET 2172 REAR CHESTNUT STREET
CAMP HILL, PA 17011 CAMP HILL, PA 17011
TIMOTHY STRAUB
2602 MARKET STREET
CAMP HILI,_ PA 17011
TIMOTHY STRAUB
157 S. 32~ STREET
CAMP IIILL, PA 17011
CALVIN W. WILLIAMS III
2602 MARKET STREET
CAMP HILL. PA 17011
CALVIN W. WILLIAMS III
157 S. 32~ STREET
CAMP HILL, PA 17011
This is an official notice that the mort~a~e on your home is in default and the lender intends to foreclose.
~ecific information about the nature of the default is provided in the attached pales.
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAPI may be able to
help to save your home This Notice explains how the pro~am 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 A~ency.
The name address and~hone number of Consumer Credit Counseling A eg ncies servin~your County are listed
at the end of this Notice If you have any Questions o~u may call the Pennsylvania Housing Finance A~ency
toll free at 1-800-342-2397 (Persons with impaired hearingLcan call (717) 780-1869).
This notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you fmd a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES 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 PARR UN PRESTAMO POR EL PROGRAMA
LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S): TIMOTHY STRAUB AND CALVIN W. WILLIAMS III
_PROPERTY ADDRESS: NUT STREET, CAMP HILL, PA 17011
2172 C
LOAN ACCOUNT NUMBER: ~
ORIGINAL LENDER: MERS, AS NOMINEE FOR IVANHOE FINANCIAL, INC.
CURRENT LENDER/SERVICER: EMC MORTGAGE CORPORATION ATTORNEY- IN
FACT FOR THE BANK OF NEW YORK MELLON
FORMERLY KNOWN AS THE BANK OF NEW YORK
AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION AS TRUSTEE FOR
THE CERTIFCATEHOLDERS OF STRUCTRED ASSET
MORTGAGE INVESTMENTS II INC. BEAR STEARNS
ALT-A TRUST, MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-2
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 ~'CU COMPLY SS'ITII 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 MU5T 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.
YOUSHOULD FILEA HEMAPAPPLICATIONAS SOONAS POSSIBLE. IF YOUHAVEA MEETING
WITHA COUNSELINGAGENCY WITHIN33 DAYS OF THE POSTMARKDATE OF THIS NOTICE
AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE
LENDER WILL BE TEMPORARILYPREVENTED FROMSTARTINGA FORECLOSUREAGAINST
YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF
FORECLOSURE'
YOUHAVE THE RIGHT TO FILEA HEMAPAPPLICATIONEVENBEYOND THESE TIME
PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A
FORECLOSUREACTION, BUT IF YOUR APPLICATIONIS EVENTUALLYAPPROVED AT ANY
TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED.
AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no
foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You
~~ill'ov 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: 2172 CHESTNUT STREET, CAMP HILL, PA 17011 is SERIOUSLY 1N DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due from 3/1/09 through 4/1/10 in the amount of $704.26 per month:
Monthly Payments Plus Late Charges Accrued: $10,125.44
(Suspense) ($0.00)
TOTAL AMOUNT TO CURE DEFAULT $10,125.44
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable.)
HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING
THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $10,125.44, 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: SP-Loss Mitigation Cash-CA, EMC
Mortgage Corporation, 1833 Alton Parkway, Floor O1, Irvine, CA 92606. Contact: Patricia Oliver
You can cure any other default by taking the following action within THIIZTY (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 THIIZTY (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 nay attorney's
fees.
OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default
within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure
the d:.fault and prevent tl~e sale at anv tim, up tone hour b.,forc the Sheriff's Salc You may do so by paving thv
total amount then past due, plus anv late or other charges then due reasonable attorney's fees and costs
connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing
by the lender and by performing any other requirements under the mortgage Curing your default in the
manner set forth in this notice will restore your mortgage to the same position as if you had never
defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's
sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this
Notice. A notice of the actual date of the Sheriff's sale will be sent to you before the sale. Of course, the
amount needed to cure the default will increase the longer you wait. You may fmd out at any time exactly what
the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER -
SP-Loss Mitigation Cash -CA
EMC Mortgage Corporation
1833 Alton Parkway, Floor O1
Irvine, CA 92606
Contact: Patricia Oliver
Tel.: 1-949-812-3330
EFFECT OF SHERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a
lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE -You may or XX may not sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments; charges and
attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are
satisfied.
a
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 RESTORED 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 ~avard ~ian
LAW OFFICES OF GREGORY JAVARDIAN
ATTORNEY FOR LENDER
CC: PENNSYLVANIA HOUSING FINANCE AGENCY -VIA EMAIL - Act91 ~a~,phfa.org
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 JiJDGMENT UNTIL THE
i~I'iT"i-.ATION OF TIiIRTY (30) DAYS AFTEI'. YOU I-L^~V,T', REC IVED THIS COlO~iPLAINT. 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
important message from the Federal Trade Commission
Facing foreclosure? Scammers are targeting people having trouble paying their mortgages.
Some claim to be able to "rescue" homeowners from foreclosures, while others promise loan
modifications - for a fee. The Federal Trade Commission, the nation's consumer protection
agency, wants you to know how to avoid scams that could make your housing situation go from bad to
worse.
Don't Get Hit by a Pitch.
"We Can stop youY fOYCClOSUre!"
"97% success rate!"
"Guaranteed to save your home!"
These kinds of claims are the tell-tale signs of
a foreclosure rip-off. Steer clear of anyone
who offers an easy out.
Don't Pay for a Promise.
Don't pay any business, organization, or
person who promises to prevent foreclosure or
get you a new mortgage. These so-called
"foreclosure rescue companies" claim they
can help save your home, but they're out to
make a quick buck. Some may request hefty
fees in advance - and then stop returning your
calls. Others may string you along before
disclosing their charges. Cut off all dealings if
someone insists on a fee.
Send Payments Directly.
Some scammers offer to handle fmancial
arrangements for you, but then just pocket
your payment. Send your mortgage payments
ONLY to your mortgage servicer.
Don't Pay for a Second Opinion.
Have you applied for a loan modification and
been turned down? Never pay fora "second
opinion."
Imitations =Frustrations.
Some con artists use names, phone numbers,
and websites to make it look like they're part
of the government. If you want to contact a
government agency, type the web address
directly into your browser and lookup any
address you aren't sure about. Use phone
numbers listed on agency websites or in other
reliable sources, like the Blue Pages in your
phone directory. Don't click on links or open
any attachments in unexpected emails.
Talk to aHUD-Certified Counseling
Agency -For Free.
If you're having trouble paying your mortgage
or you've already gotten a delinquency notice,
free help is a phone call away. Call 1-888-995
-HOPE for free personalized advice from
housing counseling agencies certified by the
U.S. Department of Housing and Urban
Development (HUD). This national hotline -
open 24/7 - is operated by the
Homeownership Preservation Foundation, a
nonprofit member of the HOPE NOW
Alliance of mortgage industry members and
HUD-certified counseling agencies. For. free
guidance online, visit www.hopenow.com.
For free information on the President's plan to
help homeowners, visit
www.makinghomeaffordable.gov.
~`~~_-~ Federal Trade Commission
~~~~~_;, ftc.gov,~MoneyMatters
Call
1 ~~°8~99~-FiO~E
for free personalized guidance from housing counseling agencies certif ed
by the U. S. Department ~of Housing and Urban Development. The
Homeowner's HOPETM Hotline -open 24/7 - is operated by the
Homeownership Preservation Foundation, a nonprofit member of the
HOPE NOW .Alliance of mortgage industry members and
HUD-certified counseling agencies. Or visit
oon.corr~
For free information on the President's plan to help homeowners, visit
akin homey r l e ov
.~x
;~s+aR HOPEN4W
Support & Guidance For Homeowners
® ®~ ® SM
MAKING H01!!tE AFFaRDABLB.cov
VERIFICATION
I, Gregory Javardian, attorney for Plaintiff, verify that all statements of fact in the
foregoing are based on representations and documents of my client, and that such are true
and correct to the best of my information and belief. I further verify that I was unable to
obtain my client's written verification prior to the filing of the foregoing pleading, but
intend to obtain such verification and substitute it for my own herein in due course. I
make this verification subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to
unsworn falsification to authorities.
Date ~ /~
LAW OFFICES OF GREGORY JAVARDIAN
BY: GREGORY JAVARDIAN
ID# 55669
1310 INDUSTRIAL BOULEVARD
SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
Attorney for Plaintiff
r T~HC ~~. i a ;.,, 1~,
r~ ~- ~~~
Zato ~u~ ~ ~ ~~ 4: ~3
et;r~F ~, ~~ ~~:~U'VTY
~E~~Jh~~;YLV~:NF,~
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR THE BANK
OF NEW YORK MELLON F/K/A THE
BANK OF NEW YORK AS SUCCESSOR
TRUSTEE TO JPMORGAN CHASE
BANK, NATIONAL ASSOCIATION AS
TRUSTEE FOR THE
CERTIFICATEHOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR
STEARNS ALT-A TRUST, MORTGAGE
PASS-THROUGH CERTIFICATES
SERIES 2006-2
Plaintiff
vs.
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 10-3351 CIVIL TERM
PRAECIPE TO SUBSTITUTE VERIFICATION
TO PLAINTIFF'S COMPLAINT
TO THE PROTHONOTARY:
Kindly substitute the verification that was attached to the Complaint for that of
the plaintiff s personal verification, as it relates to the above-referenced matter.
Respectfully submitted,
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.
EMC Mortgage Corporation, Attorney-in-fact
for The Bank of New York Mellon f/k/a The
Bank of New York as success Trustee to
JPMorgan Chase Bank, National Association as
Trustee for the Certificateholders of Structured
Asset Mortgage Investments II Inc. Bear Stearns
ALT-A Trust, Mortgage Pass-Through
Certificates Series 2006-2
1
FfLECr..' - ~,f
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
X215)942-9690
2Q10 J!iL - I ~°-1! ~ ~7
Cir~r~~ ..v~TY
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR THE BANK OF
NEW YORK MELLON F/K/A THE BANK OF
NEW YORK AS SUCCESSOR TRUSTEE TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF STRUCTURED
ASSET MORTGAGE INVESTMENTS II INC.
BEAR STEARNS ALT-A TRUST, MORTGAGE
PASS-THROUGH CERTIFICATES SERIES
2006-2
7301 BAYMEADOWS WAY
JACKSONVILLE, FL 32256
vs.
TIMOTHY F. STRAUB
2602 MARKET STREET
CAMP HILL, PA 17011
CALVIN W. WILLIAMS, III
157 S. 32ND STREET
CAMP HILL, PA 17011
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 10-3351 CIVIL TERM
PRAECIPE FOR JUDGMENT FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against TIMOTHY F. STRAUB and
CALVIN W. WILLIAMS, II) Defendants, for failure to file an Answer to Plaintiff s Complaint
within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and
assess Plaintiff s damages as follows:
As Set forth in Complaint $98,548.60
Interest 05/14/10 to 06/28/10 786.60
TOTAL $99,335.20
~ ~ss6a~
~~~5
~~ i~
I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as
shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached.
,--
C-~ /I
GRE ~R JAVARDIAN, ESQUIRE
Atto ~y r Plaintiff
/~
Damages are hereby assessed as indicated.
DATE: ~ 1 ~-b l 6
PRO PROTH
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR THE BANK OF
NEW YORK MELLON F/K/A THE BANK OF
NEW YORK AS SUCCESS TRUSTEE TO
JPMORGAN CHASE BANK NATIONAL
ASSOCIATION AS TRUSTEE FOR THE
CERTIFICATEHOLDER OF STRUCTURED
ASSET MORTGAGE INVESTMENT SS II INC.
BEAR STEARNS ALT-A TRUST, MORTGAGE
PASS-THROUGH CERTIFICATES SERIES 2006-
2
Plaintiff
v.
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, IIl
Defendants
In The Court of Common Pleas
Cumberland County
No. 10-335 l
TO:
TIMOTHY F. STRAUB
2062 MARKET STREET
CAMP HILL, PA 17011
CALVIN W. WILLIAMS, III
157 S. 32ND STREET
CAMP HILL, PA 17011
DATE OF NOTICE: 6/18/2010
NOTICE, RULE 237.1
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by attorney and file
in writing with the court your defenses or objections to the claims se forth against you. Unless you act
within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing.
and you may lose your property or other important rights. You should take this notice to a lawyer at once.
If you do not have a lawyer or cannot afford one, go to or telephone the following office to trod out where
you can get legal help.
Cumberland County Bar Association
32 South Bedford S
Carlisle, PA 1
(800) 990-91 ~,.
(7l 7) 249-3 ] 6
Gregory Javardian, Esquire
1310 Industrial Boulevard - -- ~-
15` Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
Attorney for Plaintiff
Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en este caso.
Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra,
sin necesidad de compararecer usted en Corte o escuchar prueba alguna, dictar sentencia en su contra, usted
puede perder bienes y otros derechos importantes. Debe ]levar esta notificacion a un abogado
immediatemente si usted no tiene abogado, o si no tiene dinero suficiente pars tal servicio, vaya en persona
o llame por telpfono a la oficina, cuya direction se encuentra escrita abajo para averiguar donde se puede
conseguir assistencia legal.
"NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE"
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR THE BANK OF
NEW YORK MELLON F/K/A THE BANK OF
NEW YORK AS SUCCESSOR TRUSTEE TO
JPMORGAN CHASE BANK, NATIONAL
ASSOCIATION AS TRUSTEE FOR THE
CERTIFICATEHOLDERS OF STRUCTURED
ASSET MORTGAGE INVESTMENTS II INC.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 10-3351 CIVIL TERM
BEAR STEARNS ALT-A TRUST,
MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-2
vs.
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
VERIFICATION OF NON-MILITARY SERVICE
GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the
Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of
the following facts, to wit:
(a) Defendants, TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III are
not in the Military or Naval Service of the United States or its Allies, or otherwise within the
provisions of the Servicemembers' Civil Relief Act of Congress of 1940, as amended.
(b) Defendant, TIMOTHY F. STRAUB, is over 18 years of age, and resides at
2602 MARKET STREET, CAMP HILL, PA 17011.
(c) Defendant, CALVIN W. WILLIAMS, II>; is over 18 years of age, and resides
at 157 S. 32ND STREET, CAMP HILL, PA 17011.
(d) Plaintiff, EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT
FOR THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS
SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR STEARNS ALT A TRUST, MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-2, is an institution conducing business under the Laws of the
Commonwealth of Pennsylvania with an address of 7301 BAYMEADOWS WAY,
JACKSONVILLE, FL 32256.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
ti
GRF~1. R JAVARDIAN, ESQUIRE
~.
•- r
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR THE BANK OF
NEW YORK MELLON FIKIA THE BANK
OF NEW YORK AS SUCCESSOR TRUSTEE
TO JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR STEARNS
ALT-A TRUST, MORTGAGE PASS-
THROUGH CERTIFICATES SERIES 2006-2
7301 BAYMEADOWS WAY
JACKSONVILLE, FL 32256
VS.
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
2172 REAR CHESTNUT STREET
CAMP HILL, PA 17011
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 10-3351 CIVIL TERM
PRAECIPE FOR WRIT OF EXECUTION
MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly issue Writ of Execution in the above matter.
Amount Due $99,335.20
Interest from 06/28/10 to Date of Sale
@ $16.32 per diem $
Subtotal $
(Costs to be added)
I.DO55669
1310 Industrial Boulevard
1 st Floor, Suite 101
Southampton, PA 18966
(215) 942-9690
Y JAVARDIAN, ESQUIRE
for Plaintiff
c/i
!
s
°
d
rar ??,
cn
0
# a4.oo Pa A-rh/
3 - fa 670 1.
f 06, 00 ?4 X Sa p a
12 3 ?. S-0 O d- '&I
s . S-0 Au.c t'
em nssaq
0.14g693
2E Orit c/ 1
- M
ALL THAT CERTAIN lot of land situate in the Borough of Camp Hill, County of Cumberland and
Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern line of a twelve (12) foot alley at line of lands now or late of
William F. Sweigert; thence in a southerly direction along the line of said lands 65 feet, more or less,
to a point common to said lands now or late of Sweigert and lands now or late of Richard Ray
Maxwell and Helen Georgia Maxwell, his wife, said point being 120 feet measured northwardly
along the dividing line between said lands now or late of Sweigert and Maxwell from the northern
line of Chestnut Street; thence in an easterly direction along said lands of Maxwell 58 feet, more or
less, to lands now or late of LeRoy A. Merkle and Helen I. Merkle, his wife; thence in a northerly
direction along said lands now or late of Merkle to said twelve (12) foot alley; thence in a westerly
direction along the southern line of said alley 58 feet, more or less, to the point or place of
BEGINNING.
BEING known as 2172 REAR CHESTNUT STREET, CAMP HILL, PA 17011
BEING THE SAME PREMISES which Peter E. Steinke and Ilda A. Steinke now known as Ilda A.
Perna, single persons, by Deed dated April 2, 2004 and recorded June 14, 2004 in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 263 Page 2504
granted and conveyed unto TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III, single men.
PARCEL NO.: 01-21-02 71-445
EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS
ATTORNEY-IN-FACT FOR THE BANK OF
NEW YORK MELLON F/K/A THE BANK CUMBERLAND COUNTY
OF NEW YORK AS SUCCESSOR TRUSTEE
TO JPMORGAN CHASE BANK, No.: 10-3351 CIVIL TERM
NATIONAL ASSOCIATION AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
C
ca
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR STEARNS
-ra ix?
m?
r?,
-,,
ALT-A TRUST, MORTGAGE PASS- En
THROUGH CERTIFICATES SERIES 2006-2 ?': W E? c'?
vs. t`?
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
AFFIDAVIT PURSUANT TO RULE 3129.1
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution
was filed the following information concerning the real property located at 2172 REAR
CHESTNUT STREET, CAMP HILL, PA 17011:
1. Name and address of Owner(s) or reputed Owner(s):
Name
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
2602 MARKET STREET
CAMP HILL, PA 17011
157 S. 32ND STREET
CAMP HILL, PA 17011
2. Name and address of Defendant(s) in the judgment:
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
2602 MARKET STREET
CAMP HILL, PA 17011
157 S. 32ND STREET
CAMP HILL, PA 17011
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Susquehanna Bank 1570 Manheim Pike
Lancaster, PA 17601
f 4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Plaintiff.
5. Name and address of every other person who has any record lien on the property:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Cumberland County Domestic Relations
Cumberland County Tax Claim Bureau
PA Department of Public Welfare
Bureau of Child Support Enforcement
Scott A. Marlow
13 N. Hanover Street
Carlisle, PA 17013
1 Courthouse Square
Carlisle, PA 17013-3387
Health and Welfare Building - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
444 Bosler Avenue
Lemoyne, PA 17043
G.
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenants/Occupants 2172 REAR CHESTNUT STREET
CAMP HILL, PA 17011
Marissa Straub a/k/a 2602 MARKET STREET
Marisa A. Straub CAMP HILL, PA 17011
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
JAVA
RDIAN, ESQUIRE
r Plaintiff
IATefo
August 30, 2010
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR THE BANK OF
NEW YORK MELLON F/K/A THE BANK
OF NEW YORK AS SUCCESSOR TRUSTEE
TO JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR STEARNS
ALT-A TRUST, MORTGAGE PASS-
THROUGH CERTIFICATES SERIES 2006-2
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 10-3351 CIVIL TERM
vs.
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
r.n
6.E _ i 3
?
C_ na
CO
CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY
AS TO THE SALE OF REAL ESTATE
I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action
and further certify this Property is:
() FHA
() Tenant Occupied
O Vacant
O Commercial
() As a result of Complaint in Assumpsit
(X) Act 91 complied with
GREG Y AVARDIAN, ESQUIRE
Attorn fo Plaintiff
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
EMC MORTGAGE CORPORATION, COURT OF COMMON PLEAS
ATTORNEY-IN-FACT FOR THE BANK OF
NEW YORK MELLON F/K/A THE BANK CUMBERLAND COUNTY c
OF NEW YORK AS SUCCESSOR TRUSTEE ro
TO JPMORGAN CHASE BANK, No.: 10-3351 CIVIL TERM
NATIONAL ASSOCIATION AS TRUSTEE
u? ?r
F ' -- '
FOR THE CERTIFICATEHOLDERS OF c1
STRUCTURED ASSET MORTGAGE C -- ?'
INVESTMENTS II INC. BEAR STEARNS
ALT-A TRUST, MORTGAGE PASS-
THROUGH CERTIFICATES SERIES 2006-2
VS.
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III
2602 MARKET STREET 157 S. 32ND STREET
CAMP HILL, PA 17011 CAMP HILL, PA 17011
Your house (real estate) at 2172 REAR CHESTNUT STREET CAMP HILL PA 170115 is
scheduled to be sold at Sheriffs Sale on DECEMBER 8, 2010 at 10:00 A.M., in the Cumberland
County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of
$99,335.20, obtained by EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS
SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-2, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215
942-9690.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice below on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (215) 942-9690.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state
who will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within
ten (10) days.
7. You may also have other rights and defenses, or ways of getting your home back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
(800) 990-9108
ALL THAT CERTAIN lot of land situate in the Borough of Camp Hill, County of Cumberland and
Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern line of a twelve (12) foot alley at line of lands now or late of
William F. Sweigert; thence in a southerly direction along the line of said lands 65 feet, more or less,
to a point common to said lands now or late of Sweigert and lands now or late of Richard Ray
Maxwell and Helen Georgia Maxwell, his wife, said point being 120 feet measured northwardly
along the dividing line between said lands now or late of Sweigert and Maxwell from the northern
line of Chestnut Street; thence in an easterly direction along said lands of Maxwell 58 feet, more or
less, to lands now or late of LeRoy A. Merkle and Helen I. Merkle, his wife; thence in a northerly
direction along said lands now or late of Merkle to said twelve (12) foot alley; thence in a westerly
direction along the southern line of said alley 58 feet, more or less, to the point or place of
BEGINNING.
BEING known as 2172 REAR CHESTNUT STREET, CAMP HILL, PA 17011
BEING THE SAME PREMISES which Peter E. Steinke and Ilda A. Steinke now known as Ilda A.
Perna, single persons, by Deed dated April 2, 2004 and recorded June 14, 2004 in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 263 Page 2504
granted and conveyed unto TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III, single men.
PARCEL NO.: 01-21-0271-445
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N010-3351 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, ATTORNEY-IN-
FACT FOR THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS
SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-2' Plaintiff (s)
From TIMOTHY F. STRAUB AND CALVIN W. WILLIAMS, III
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$99,335.20
L.L.$.50
Interest FROM 06/28/10 TO DATE OF SALE @ $16.32 PER DIEM
Atty's Comm %
Atty Paid $232.50
Plaintiff Paid
Date: SEPTEMBER 1, 2010
(Seal)
Due Prothy $2.00
Other CostsTO BE ADDED
0
)- '(V7
ell, Pr thonotary
By:
Deputy
REQUESTING PARTY:
Name GREGORY JAVARDIAN, ESQUIRE
Address: POWERS, KIRN & JAVARDIAN, LLC, 1310 INDUSTRIAL BOULEVARD, SUITE 101,
SOUTHAMPTON, PA 18966
Attorney for: PLAINTIFF
Telephone: 215-942-2090
Supreme Court ID No. 55669
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson F9! FD-GFFIC
Sheriff 11F TH-E P R 0 T H 0?40 Tjj p
' qi ?aritr
Jody S Smith
""? £??'rfw3
Chief Deputy 20 11 APR 1 I AN IQ: 39
Richard W Stewart CUMBERLAIM COUNTY
Solicitor PENNSYLVA141A
EMC Mortgage Corporation
vs. Case Number
Timothy F. Straub (et al.) 2010-3351
SHERIFF'S RETURN OF SERVICE
10/18/2010 12:39 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
10/18/10 at 1232 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Timothy F. Straub and Calvin W. Williams,
III, , located at, 2172 Rear Chestnut Street, Camp Hill, Cumberland County, Pennsylvania according to
law.
10/18/2010 12:49 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
10-18-10 at 1240 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendant, to wit: Timothy F. Straub, by making known
unto, Timothy F. Straub, personally, at, 157 S. 32nd Street, Camp Hill, Cumberland County, Pennsylvania
its contents and at the same time handing to him personally the said true and correct copy of the same.
10/18/2010 12:49 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on
10-18-10 at 1240 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in
the above entitled action, upon the within named defendant, to wit: Calvin W. Williams, III, by making
known unto, Timothy F. Straub, adult in charge, at, 157 S. 32nd Street, Camp Hill, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct copy
of the same.
12/01/2010 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011
01/26/2011 As directed by Gregory Javardian, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/6/2011
04/05/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed",
per letter of instruction from Attorney Javardian on 4/5/11.
SHERIFF COST: $854.05
April 08, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
a. sa CC
cam' 8lgz3
?,-? as778c?
(-l Gowty&Ae Shenft, Ieieosort, inc.
EMC MOIL T(rAGE CORPORATION,
ATTORNEY-IN-FACT FOR THE BANK OF
NEW YORK MELLON F/K/A THE BANK
OF NEW YORK AS SUCCESSOR TRUSTEE
TO JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR STEARNS
ALT-A TRUST, MORTGAGE PASS-
THROUGH CERTIFICATES SERIES 2006-2
vs.
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 10-3351 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution
was filed the following information concerning the real property located at 2172 REAR
CHESTNUT STREET, CAMP HILL PA 17011:
1. Name and address of Owner(s) or reputed Owner(s):
Name
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
2602 MARKET STREET
CAMP HILL, PA 17011
157 S. 32ND STREET
CAMP HILL, PA 17011
2. Name and address of Defendant(s) in the judgment:
TIMOTHY F. STRAUB
2602 MARKET STREET
CAMP HILL, PA 17011
CALVIN W. WILLIAMS, III
157 S. 32ND STREET
CAMP HILL, PA 17011
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Susquehanna Bank 1570 Manheim Pike
Lancaster, PA 17601
4, Name aid address of last recorded holder of every mortgage of record:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Plaintiff.
5. Name and address of every other person who has any record lien on the property:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None.
6. Name and address of every other person who has any record interest in the property and whose
interest may be affected by the sale.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Cumberland County Domestic Relations
Cumberland County Tax Claim Bureau
PA Department of Public Welfare
Bureau of Child Support Enforcement
Scott A. Marlow
13 N. Hanover Street
Carlisle, PA 17013
1 Courthouse Square
Carlisle, PA 17013-3387
Health and Welfare Building - Room 432
P.O. Box 2675
Harrisburg, PA 17105-2675
444 Bosler Avenue
Lemoyne, PA 17043
7. Name and address of every other person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenants/Occupants 2172 REAR CHESTNUT STREET
CAMP HILL, PA 17011
Marissa Straub a/k/a 2602 MARKET STREET
Marisa A. Straub CAMP HILL, PA 17011
I verify that the statements made in this affidavit are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein are subject to the
penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
9?-?
G Y JAVARDIAN, ESQUIRE
A e for Plaintiff
August 30, 2010
'1
LAW OFFICES OF GREGORY JAVARDIAN
By: GREGORY JAVARDIAN, ESQUIRE
IDENTIFICATION NO. 55669
1310 INDUSTRIAL BOULEVARD
1 ST FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690
EMC MORTGAGE CORPORATION,
ATTORNEY-IN-FACT FOR THE BANK OF
NEW YORK MELLON F/K/A THE BANK
OF NEW YORK AS SUCCESSOR TRUSTEE
TO JPMORGAN CHASE BANK,
NATIONAL ASSOCIATION AS TRUSTEE
FOR THE CERTIFICATEHOLDERS OF
STRUCTURED ASSET MORTGAGE
INVESTMENTS H INC. BEAR STEARNS
ALT-A TRUST, MORTGAGE PASS-
THROUGH CERTIFICATES SERIES 2006-2
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 10-3351 CIVIL TERM
vs.
TIMOTHY F. STRAUB
CALVIN W. WILLIAMS, III
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: TIMOTHY F. STRAUB CALVIN W. WILLIAMS, III
2602 MARKET STREET 157 S. 32ND STREET
CAMP HILL, PA 17011 CAMP HILL, PA 17011
Your house (real estate) at 2172 REAR CHESTNUT STREET CAMP HILL PA 17011, is
scheduled to be sold at Sheriffs Sale on DECEMBER 8.2010 at 10:00 A.M., in the Cumberland
County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of
$99,335.20, obtained by EMC MORTGAGE CORPORATION, ATTORNEY-IN-FACT FOR
THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS
SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-2, against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFFS SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215
942-9690.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale
for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice below on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (215) 942-9690.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to
evict you.
6. You may be entitled to a share of the money which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state
who will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within
ten (10) days.
7. You may also have other rights and defenses, or ways of getting your home back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
TELEPHONE: (717) 249-3166
(800) 990-9108
ALL THAT CERTAIN lot of land situate in the Borough of Camp Hill, County of Cumberland and
Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on the southern line of a twelve (12) foot alley at line of lands now or late of
William F. Sweigert; thence in a southerly direction along the line of said lands 65 feet, more or less,
to a point common to said lands now or late of Sweigert and lands now or late of Richard Ray
Maxwell and Helen Georgia Maxwell, his wife, said point being 120 feet measured northwardly
along the dividing line between said lands now or late of Sweigert and Maxwell from the northern
line of Chestnut Street; thence in an easterly direction along said lands of Maxwell 58 feet, more or
less, to lands now or late of LeRoy A. Merkle and Helen I. Merkle, his wife; thence in a northerly
direction along said lands now or late of Merkle to said twelve (12) foot alley; thence in a westerly
direction along the southern line of said alley 58 feet, more or less, to the point or place of
BEGINNING.
BEING known as 2172 REAR CHESTNUT STREET, CAMP HILL, PA 17011
BEING THE SAME PREMISES which Peter E. Steinke and Ilda A. Steinke now known as Ilda A.
Perna, single persons, by Deed dated April 2, 2004 and recorded June 14, 2004 in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book Volume 263 Page 2504
granted and conveyed unto TIMOTHY F. STRAUB and CALVIN W. WILLIAMS, III, single men.
PARCEL NO.: 01-21-0271-445
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY. OF CUMBERLAND)
NO10-3351 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, ATTORNEY-IN-
FACT FOR THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS
SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS
TRUSTEE FOR THE CERTIFICATEHOLDERS OF STRUCTURED ASSET MORTGAGE
INVESTMENTS II INC. BEAR STEARNS ALT-A TRUST, MORTGAGE PASS-THROUGH
CERTIFICATES SERIES 2006-2' Plaintiff (s)
From TIMOTHY F. STRAUB AND CALVIN W. WILLIAMS, III
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof,
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$99,335.20
L.L.$.50
Interest FROM 06/28/10 TO DATE OF SALE @ $16.32 PER DIEM
Atty's Comm %
Atty Paid $232.50
Plaintiff Paid
Due Prothy $2.00
Other CostsTO BE ADDED
Date: SEPTEMBER 1, 2010
(Seal)
REQUESTING PARTY:
David D , otho otary
By:
Deputy
Name GREGORY JAVARDIAN, ESQUIRE
Address: POWERS, KIRN & JAVARDIAN, LLC, 1310 INDUSTRIAL BOULEVARD, SUITE 101,
SOUTHAMPTON, PA 18966
Attorney for: PLAINTIFF
Telephone: 215-942-2090
Supreme Court ID No. 55669
On September 22, 20 10 the Sheriff levied upon the
defendant's interest in the real property situated in
Camp Hill Borough, Cumberland County, PA,
Known and numbered as, 2172 Rear Chestnut Street,
Camp Hill, more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: September 22, 2010
By:
Real Estate Coordinator
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
. ss.
COUNTY OF CUMBERLAND :
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 22, October 29, and November 5, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
r--
isa Marie Coyne Editor
SWORN TO AND SUBSCRIBED before me this
5 day of November, 2010
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH. CUMBERLAND COUNTY
My Commission Expires Apr 28.2014
CUMBERLAND LAW JOURNAL
Writ No. 2010-3351 Civil
EMC Mortgage Corporation,
Attorney in Fact for The Bank of
New York Mellon, F/K/A The Bank
of New York as Successor Trustee
to JP Morgan Chase Bank, National
Association as Trustee for the
Certificateholders of Structured
Asset Mortgage Investments,
II, Inc., Bear Stearns ALT-A
Trust, Mortgage Pass-Through
Certificates, Series 2006-2
vs.
Timothy F. Straub
Calvin W. Williams, III
Atty.: Gregory Javardian
ALL THAT CERTAIN lot of land
situate in the Borough of Camp Hill,
County of Cumberland and Com-
monwealth of Pennsylvania, more
particularly bounded and described
as follows, to wit:
BEGINNING at a point on the
southern line of a twelve (12) foot
alley at line of lands now or late
of William F. Sweigert; thence in a
southerly direction along the line of
said lands 65 feet, more or less, to
a point common to said lands now
or late of Sweigert and lands now
or late of Richard Ray Maxwell and
Helen Georgia Maxwell, his wife,
said point being 120 feet measured
northwardly along the dividing line
between said lands now or late of
Sweigert and Maxwell from the north-
ern line of Chestnut Street; thence in
an easterly direction along said lands
of Maxwell 58 feet, more or less, to
lands now or late of LeRoy A. Merkle
and Helen I. Merkle, his wife; thence
in a northerly direction along said
lands now or late of Merkle to said
twelve (12) foot alley; thence in a
westerly direction along the southern
line of said alley 58 feet, more or less,
to the point or place of BEGINNING.
BEING known as 2172 REAR
CHESTNUT STREET, CAMP HILL,
PA 17011.
BEING THE SAME PREMISES
which Peter E. Steinke and Ilda A.
Steinke now known as Ilda A. Perna,
single persons, by Deed dated April 2,
2004 and recorded June 14, 2004 in
the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania,
in Deed Book Volume 263 Page 2504
granted and conveyed unto TIMOTHY
F. STRAUB and CALVIN W. WIL-
LIAMS, III, single men.
PARCEL NO.: 01-21-0271-445.
115
The Patriot,-News Co.
0 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 71-IT-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
Z4( PNow you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Holly Blain, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existirg under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newE papers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The I:1atriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all hz ve been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
beha f of The (Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
10/15/10
10/22/10
( (_ 10/29/10
............
Sworn to aad' ubscribed before m tl10 day' Ngvember, 2010 A.D.
Notary Public
COMMONWEALTH QP PENNSYLVANIA
Notarial Seal
Sherrie L Kisner, Notary Public
Lower Paxton Twp„ Dauphin County
MY Commission Expires Nov. 26, 2011 i
Member, Pennsyivanlj Association o Nor?rfe
2010.3351 CWH Twin
Mw %W CWPWOODN
of . Vok Nation,
F/1C/A The %Mt of Now York
as swooomw lemma to JP
Mown commawAt, t
Aesdaho6a 4w TnmWo for the
?-16M 116s of Struetvrad
? ftas-Through
, fi rMs =W2
Vs
TMnadgt F. Mra"
Cafttir W W"bM% fN
W. y Jrva[dWn
ALLTHATCERTAIN otoflandsituateinthe
Borough of Canip Hall, Canty of Cumberland
and Pennsytaa* more
P ? bounce and deathbed as follows,
to wit:
BEGINNING at a point on the southern line
of a twelve (12) foot alley at be of lands now
or late of William F. SweipM thence in a
southerly direction along the Foe of said lands
65 fect, more or less, to a pointcrsmmon to said
lands now or late of Sweigert and lands now
or late of Richard Ray Maxwell and Helen
Georgia MAmil. his wife, said point being 120
feet measured northwardly shag the dividing
fine between said lands now or late o(Sweigert
and Maxwell from the northern line of
Chemut Street; thence in an easterly direction
along said lands of Maxwell 58 feat, more or
less, to lands now or late of LeRoy A. Merkle
and Helen I. Merkle, his wife; thence in a
northerly d=aon along said lands now or late
of Merkle to said twelve (12) foot alley„ thence
in a westerly direction along the sottth¢ru he
ofsaal alley 58 feet, more or less; to the point
or place of BEGINNING.
BEING known as 2172 REAR CHESTNUT
STREET; CAMP HALL, PA 17011
BEING THE SAME PREMISES which Peter
E. Steinke and Lida A. Smoke now known as
Ilda A Perna, single persons, by Deed dated
April 2, 2004 and retarded June 14, 2004
in the Office of the Recorder of Deeds of
Cumberland County Pesasylya* in Deed
Book Volume 263 Page 2504 granted and
conveyed unto TIMOT14Y E STRAUB and
CALVIN W. WILLIAMS, III; single men.
PARCEL NO.: 01-21-0271445
LAW OFFICES OF GREGORY JAVARDIAN
GREGORY JAVARDIAN, ESQUIRE ID No. 55669
MARY F. KENNEDY, ESQUIRE ID No. 77149
MEGHAN K. BOYLE, ESQUIRE ID No. 201661
1310 INDUSTRIAL BOULEVARD
,IT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690 ATTORNEY FOR PLAINTIFF
EMC Mortgage Corporation, Attorney-in-
Fact for The Bank of New York Mellon
f/k/a The Bank of New York as successor
trustee to JPMorgan Chase Bank, National
Association as Trustee for the
Certificat:eholders of Structured Asset
Mortgage Investments II Inc. Bear Stearns
ALT-A Trust, Mortgage Pass-Through
Certificates Series 2006-2
Plaintiff
vs.
Timothy F. Straub
Calvin W. Williams III
Defendants
Court Of Common Pleas
Civil Division
Cumberland County
No. 10-3351 Civil Term c P?a ;
2p `r7
-
r
-urn
6
- o
z?
a V
?
3>? W 4t
rr
-? CD
-< Cn
PRAECIPE TO VACATE JUDGMENT WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly VACATE, without prejudice, the default judgment filed in the instant action on
July 1, 2010.
Date: 10/26/11
DMary F. Kennedy, Esquire ID No. 77149
E]Meghan K. Boyle, Esquire ID No. 201661
Attorneys for Plaintiff
G-
?'Gr ory Javar i , Esquire ID No. 55669
*8.C0 Po Av'
e1Faggq
&,W bb8
LAW OFFICES OF GREGORY MARDIAN
GREGORY JAVARDIAN, ESQUIRE ID No. 55669
MARY F. KENNEDY, ESQUIRE ID No. 77149
MEGHAN K. BOYLE, ESQUIRE ID No. 201661
1310 INDUSTRIAL BOULEVARD
1sT FLOOR, SUITE 101
SOUTHAMPTON, PA 18966
(215) 942-9690 ATTORNEY FOR PLAINTIFF
EMC Mortgage Corporation, Attorney-in-
Fact for The Bank of New York Mellon
f/k/a The Bank of New York as successor
trustee to JPMorgan Chase Bank, National
Association as Trustee for the
Certificateholders of Structured Asset
Mortgage Investments II Inc. Bear Stearns
ALT-A Trust, Mortgage Pass-Through
Certificates Series 2006-2
Plaintiff
vs.
Timothy F. Straub
Calvin W. Williams III
Defendants
Court Of Common Pleas
Civil Division
Cumberland County C-)
3 -
7
Q
No. 10-3351 Civil Term Mrn Z
CD -
rh
?
<p "O p-n
P. C-) = of
Un - <
PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE
TO THE PROTHONOTARY:
Kindly DISMISS, without prejudice, the Complaint in Mortgage Foreclosure filed in the
instant action on May 19, 2010
Date: 10/26/11
?-rCiregory Java an, Esquire ID No. 55669
[]Mary F. Kennedy, Esquire ID No. 77149
EMeghan K. Boyle, Esquire ID No. 201661
Attorneys for Plaintiff