HomeMy WebLinkAbout10-4242T
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
WELLS FARGO BANK, N.A., AS
TRUSTEE FOR PARK PLACE
SECURITIES, INC.ASSET-BACKED
PASS- THROUGH CERTIFICATES,
SERIES 2005-WCH1,
CIVIL DIVISION
NO.: 10 - 4agA
Plaintiff,
vs.
CHAD D. WESTBROOK a/k/a
CHAD WESTBROOK and
KELLY D. WESTBROOK a/k/a
KELLY WESTBROOK,
Defendants.
TO DEFENDANTS
You are hereby notified to plead to the ENCLOSED
COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF
L/4
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
10790 Rancho Bernardo Road
San Diego, CA 92127
AND THE DEFENDANTS IS:
1118 Petersburg Road
Boiling Springs, PA 17007
CSC c /(_(W?'c C/L(?
ATTORNEY FOR PLAINTIFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
1118 Petersburg Road. Township of South Middleton
(CITY, BORO, TOWNSHIP,WARD)
TYPE OF PLEADING
C?vi1 -1 em
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF PLAINTIFF:
Wells Fargo Bank, N.A., as Trustee for
Park Place Securities, Inc.Asset-Backed
Pass- Through Certificates, Series 2005-
WCHI
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. #77991
Brian M. Kile, Esquire
Pa. I.D. #89240
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
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ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
WELLS FARGO BANK, N.A., AS CIVIL DIVISION
TRUSTEE FOR PARK PLACE
SECURITIES, INC.ASSET-BACKED
PASS- THROUGH CERTIFICATES, NO.:
SERIES 2005-WCHI,
Plaintiff,
VS.
CHAD D. WESTBROOK a/k/a
CHAD WESTBROOK and
KELLY D. WESTBROOK a/k/a
KELLY WESTBROOK,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
I T
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
WELLS FARGO BANK, N.A., AS CIVIL DIVISION
TRUSTEE FOR PARK PLACE
SECURITIES, INC.ASSET-BACKED
PASS- THROUGH CERTIFICATES, NO.:
SERIES 2005-WCHI,
Plaintiff,
VS.
CHAD D. WESTBROOK a/k/a
CHAD WESTBROOK and
KELLY D. WESTBROOK a/k/a
KELLY WESTBROOK,
Defendants.
CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE
Wells Fargo Bank, N.A., as Trustee for Park Place Securities, Inc. Asset-Backed Pass-
Through Certificates, Series 2005-WCHI, by its attorneys, Grenen & Birsic, P.C., files this
Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Wells Fargo Bank, N.A., as Trustee for Park Place Securities, Inc.
Asset-Backed Pass- Through Certificates, Series 2005-WCHI, which has its principal place of
business at 1079 Rancho Bernardo Road, San Diego, California 92127 and is authorized to do
business in the Commonwealth of Pennsylvania.
2. The Defendants, Chad D. Westbrook a/k/a Chad Westbrook and Kelly D.
Westbrook a/k/a Kelly Westbrook, are individuals whose last known address is 1118 Petersburg
Road, Boiling Springs, Pennsylvania 17007.
I T
3. On or about November 8, 2004, Defendants executed an Adjustable Rate Note
("Note") in favor of Argent Mortgage Company, LLC in the original principal amount of
$114,750.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and
made a part hereof.
4. On or about November 8, 2004, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Argent Mortgage Company LLC a Mortgage in the
original principal amount of $114,750.00 on the premises hereinafter described, said Mortgage
being recorded in the Office of the Recorder of Deeds of Cumberland County on November 23,
2004 in Mortgage Book Volume 1888, Page 4471. A true and correct copy of said Mortgage,
containing a description of the premises subject to the Mortgage ("Mortgaged Premises"), is
marked Exhibit "B", attached hereto and made a part hereof.
5. Argent Mortgage Company LLC assigned all of its right, title and interest in and
to the Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage,
recorded in the office of the Recorder of Deeds of Cumberland County.
6. Defendants are the record and real owners of the aforesaid Mortgaged Premises.
7. Defendants are in default under the terms of the Mortgage and Note for, inter alia,
failure to pay the monthly installments of principal and interest when due. Defendants are due
for the October 1, 2009 payment.
8. On or about April 14, 2010, Defendants were mailed Notices of Homeowner's
Emergency Mortgage Assistance Act of 1983 ("Act 91 Notices") in compliance with the
Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended.
9. Plaintiff was not required to send Defendants separate Notices of Intention to
Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of
sending the Act 91 Notices.
10. The amount due and owing Plaintiff by Defendants is as follows:
Principal $110,105.53
Interest to 5/20/10 $ 6,729.53
Late Charges to 5/20/10 $ 1,189.27
Escrow Deficiency to $ 523.57
Corporate Advances $ 622.00
Unapplied Funds $ - 292.11
Attorney's fees $ 1,300.00
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $1 22,677.79
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $122,677.79 with interest thereon at the rate of $24.51 per diem (as may change from time to
time in accordance with the terms of the Note) from May 20, 2010, and additional late charges,
additional reasonable and actually incurred attorney's fees, plus costs (including increases in
escrow deficiency) and for foreclosure and sale of the Mortgaged Premises.
GRENEN & BIRSIC, P.C.
BY:2?
Kristine M. Anthou, Esquire
Attorney for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
0 0, Number: 0065322398 - 9705
ADJUSTABLE RATE NOTE
(LIBOR Index - Rate Caps)
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY
PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE
MAXIMUM RATE 1 MUST PAY. THIS LOAN HAS A PREPAYMENT PENALTY PROVISION.
November 8, 2004 Rolling Meadows IL
[Date] [City] [state]
1118 PETERSBURG ROAD, BOILING SPRINGS, PA 17007
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. $ 114,750.00 (this amount is called "principal"), plus
interest, to the order of the Lender. The Lender is Argent Mortgage Company, LLC .
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a
yearly rate of 7.350 %. This interest rate 1 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.
PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making payments every month.
1 will make my monthly payments on the first day of each month beginning on January 1, 2005 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. My monthly payments will be applied to interest before principal. If, on
December 1, 2034 I still owe amounts under this Note, i will pay those amounts in full on that date, which is
called the maturity date.
I will make my payments at: 505 City Parkway West, Suite 100, Orange, CA 92868
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. $ 790.60 . 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.
INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the first day of December, 2006 , 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 market ("LIBOR'), as
published in The Wail Street Journal. The most recent Index figure available as of the date 45 days before the
Change Date is called the "Current Index."
If at any point in time 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 of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding six percentage point(s)
6.000 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eight
of one percent (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.
Initials
MAPa (R"w.01103) 1 00 11108/2004 9:22:59 AM
0 Wan Number. 0065322398 - 9705
(D) Limits on Interest Rate Changes
The interest rate 1 am required to pay at the first Change Date will not be greater than. 8.350 % or less than
7.3509'x. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more
than One percentage point(s) 1.000%) from the rate of interest I have been paying for the preceding six months.
My Interest rate will never be greater than 13.350 % or less than 7.350 %.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of rry 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 mall to me a notice of any changes in my Interest rate and the amount of my
monthly payment before the effective date of any change. The notice will include information required by law to be
given me and also the title and telephone number of a person who will answer any question I may have regarding
the notice.
5. PREPAYMENT PRIVILEGE
I may repay all or any part of the principal balance of this Note in accordance with the terms of this Section. A
"prepayment" is any amount that I pay in excess of my regularly scheduled payments of principal and interest that
the Lender will apply to reduce the outstanding principal balance on this Note in accordance with this Section.
(A) Prepayment Made Two (2.00) year(s) After the Date of this Note
I will not have to pay a prepayment charge if I make a prepayment on the Two (2.00) year anniversary of the date
this Note is executed, or at any time thereafter.
(B) Prepayment Made Within Two (2.00) year(s) of the Date of this Note
If the original principal balance of my loan exceeds $50,000.00, 1 will pay Lender a prepayment charge if, In any
twelve (12) month period before the Two (2.00) year anniversary of the date this Note is executed, I prepay more
than 20% of the original principal balance of this Note. The prepayment charge will be six (6) months interest, at
the rate then In effect on this Note, on the amount in excess of 20% of the original principal balance that I prepay
within such 12 month period.
(C) Application of Funds
l agree that when I indicate in writing that I am making a prepayment, the Lender shall apply funds it receives first
to pay any prepayment charge and next In accordance with the order of application of payments set forth in Section
2 of the Security Instrument.
(D) Monthly Payments
If I make a prepayment of an amount less than the amount needed to completely repay all amounts due under this
Note and Security Instrument, my regularly scheduled payments of principal and interest will not change as a
result.
LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (il) any
sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may
choose to make this refund by reducing the principal I owe under this Note or by making a direct payment to me. If a
refund reduces the principal, the reduction will be treated as a partial prepayment.
BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payment
If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days
after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.000% of my
overdue payment of principal and interest. 1 will pay this late charge promptly but only once on each late
ayment.
(B Default
If I do not pay the full amount of each monthly payment on the date It is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which
has not been paid and all the interest that I owe on that amount. The date must be at least 30 days after the
date on which the notice is delivered or mailed to me.
(D) No Waiver by Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay Immediately In full as described above, the Note Holder will have the
right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example, reasonable attorneys' fees.
GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address If I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by 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 notice of that
different address.
201-2PA (P". 01101) 2 of 3 Inlllals:IL6?lf
11/082004 922:59 AM
0 W Number: 0065322398 - 9705
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. This 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 as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the
promises that I make in this Note. That the Security Instrument describes how and under what conditions i may be
required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in it
is sold or transferred (or if a beneficial Interest in Borrower is sold or transferred and Borrower is not a natural
person) without the Lender's prior written consent, Lender may, at its option, require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by Lender If exercise is
prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option iE (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 reasonable determines that Lender's security will not
be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.
To the extent permitted by applicable law, Lender may charge a reasonable fee as a condition of Lender's
consent to the ban assumption. Lender may also 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 delivered or
mailed within which the 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.
Oral agreements, promises or commitments to lend money, extend credit, or forbear from enforcing repayment
of a debt, Including promises to extend, modify, renew or waive such debt, are not enforceable. This written
agreement contains all the terms the Borrower(s) and the Lender have agreed to. Any subsequent agreement
between us regarding this Note or the instrument which secures this Note, must be in a signed writing to be
legally enforceable.
`??`? +? 13u?u1
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
44 lwe_y
Borrower CHAD WESTBROOK (Seal)
(Seal)
Borrower
/? 1/1 ? I j vi-M dAmtk,
Borrower ELL WESTBROOK (Seal)
(Seal)
Borrower
201.3PA (ReV. 01/03)
3of3
11/0812004 9:22:59 AM
EXHIBIT "B"
0 0
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PaPrepared Btgage Company, Return To:
Michael Argent Mortgage Company, LLC
2550 Got t Tower, 10th P.O. Box 14130,
F1oor,Rolling Meadows, IL 60008 Orange, CA 92863.1530
Parcel Number:
40.12.0344.062
[Space Above This Line For Recording Data]
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated November 8, 2004
together with all Riders to this document.
(B) "Borrower" isCHAD D WESTBROOK and KELLY D WESTBROOK, Husband and Wife
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is Argent Mortgage Company, LLC
Lender is a Limited Liability Company
0065322398-9705
PENNSYLVANIA - Single Family , Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101
(Q®6(PA)(oooa) , 11/08/2004 9:22:59
Pape t m to Initials: i,-,
VMP MORTGAGE FOAMS - (800)321-7291
organized and existing under the laws of Delaware
Lender's address is One City Boulevard West Orange. CA 92868
Lender is the mortgagee under this Security Instrument.
(D) "Note" means the promissory note signed by Borrower and dated November 8, 2004
The Note states that Borrower owes Lender one hundred fourteen thousand seven hundred
fifty and 00/100 Dollars
(U.S. $114.750.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than December 1, 2034
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
® Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider
0 Balloon Rider 0 Planned Unit Development Rider 01-4 Family Rider
VA Rider 0 Biweekly Payment Rider 0 Other(s) [specify]
(1D "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(1) "Community Association 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.
() "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone; wire transfers, and automated clearinghouse
transfers.
(I) "Escrow Items" means those items that are described in Section 3.
(L) "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.
(M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
0065322398-9705
Inldals:
®6(PA)l?osl pegazwtd 11/08/2004 9:22:59 Form 3039 I/01
0
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the 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.
(P) "Successor in Interest of Borrower" means any parry 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
Lender the following described property located in the County [Type of Recording Jurisdiction]
of CUMBERLAND [Name of Recording Jurisdiction]:
LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF:
which currently has the address of 1118 PETERSBURG ROAD
[Street]
BOILING SPRINGS [city], Pennsylvania 17007 [Zip Code]
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and futures 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"
0065322398-9705
6(PA) (ooos) In"iata
®® Paga3a11a 11/08/2004 9:22:59 Form3039 1101
ALL THAT CERTAIN Tract Of Land Situate In South Middleton Township,
Cumberland County, Pe=sylvwl* Bounded And Described As Follows:
BEGINNING At A Spike In The Centerline Of Township Road No. 518, Locally Known
As The Petersburg Road At Corner Of Land Now Or Formerly of Donald L. Kirkpatrick;
Thence By The Land Of Donald L. Kirkpatrick South 69 Degrees 28 Minutes 40 Seconds West
Through An Iron Pin 297.56 Feet To Ali Iron Pin; Thence By Land Now Or Formerly Of
Edward E. Stambaugh And Ronald Wallace North 19 Degrees 41 Minutes 40 Seconds West
146.89 Feet To An Iron Pin; Thence By Land Now Or Formerly Of Ulysses G. Robinson North
68 Degrees 53 Minutes 40 Seconds East, 290.94 Feet To A Spike In The Center Of Township
Road No, 518; Thatm By The Centerline Of Said Township Road South 22 Degrees 15 Minutes
East 149,94 Feet To A Spike In The Center Of Said Road, The Place Of BEGINNWO.
BEING THE SAMF. PREhUSES which Frances K. Westbrook and Oalen 7. Westrook,
wife and husband, granted and conveyed to Chad D. Westbrook and Kelly D. Shankle, husband
and wife, by deed dated June 25, 2001, in the Recorder of Deeds in and for Cumberland County,
FA in Record Book 247, Page 1322, and recorded on July 5, 2001.
0
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as maybe 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 daze, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower snakes 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
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
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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 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly famish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is trade in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
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shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if say, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) 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 lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the 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, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
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If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
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. If
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 matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rigbts'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.
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6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which 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 riot sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan 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. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
0065322398-9705
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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, Boriwer shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments -toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
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
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance. " Further:
(a) Any such agreements will not affect the amounts that Borrower has ag>•eed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
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(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the' Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sutras 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 parry
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
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dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property o; other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then; (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
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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 Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security, Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this 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 fiuther notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions 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
0065322398-9705
fM -6(PA) iooow Pago12of16 11/08/2004 9•:22:59 Form 3039 1/01
0 0
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
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
Finds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate: shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and 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 Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other patty 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 he deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
0065322398-9705
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Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or 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. If 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 an Environmental Cleanup,
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 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 specifier) may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at
its option may require immediate payment in full of all sums secured by this Security Instrument
without further demand and may foreclose this Security Instrument by judicial proceeding. Lender
shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,
including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by
Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge
Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services
rendered and the charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale,
and homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be k 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.
0065322398-9705
Irdtidel
(0-6(PA)iooosl Page 140F18 11/08/2004 9:22:59 Form 3039 1/01
m
C'I,tJJ V -
•
0
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
l
JG ? •uc.c„tzc-t.
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
(Seat)
CHAD WESTBROOK -Borrower
Seal
KELLY W TBROOK -Borrower
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
0065322398-9705
Mm -6(PA)(oooe) Pepe 15 o17e 11/08/2004 9:22:59 Form 3039 1101
0 0
Certificate/I of Residence
1 1... nr??eer_uh do hereby certify that the correct
address of the within-named Mortgagee is'-P.0 • Zd u /L/j3 o _
-- ,[\aAq? OA 9aV3-/S36
Witness my hand this 312 () day of 'gr .
Day Month/Year
c.41 - L, ?t
Lge'ht f Mortgga/gee
COMMONWEALTH OF PENNSYLVANIA r `fy County ss:
On this the q _- day _o_f____ / _ -? ? ?? •' 7° before me,
-Mont eat - - -
ciby the undersigned officer, personally appeared
known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged that he/she/they executed the same for the purposes herein
contained.
IN WITNESS WHEREOF, i hereunto set my hand and official seal.
My Commission Expires:
NOTARIAL SEAL - --
JOHN E. BUNN, Notary Public
East Manchester 1Wp., York County
My Commission Expires Sept 19, 2005 Title of Officer
- ------------
40o•16PA (4102) Page to of 9e 0065322398 - 9705
,Q
11/0812004 9:2259 AM
i i
ADJUSTABLE RATE RIDER
(LIBOR Six-Month-Index (As Published in the Wall Street Journal)- Rate Caps)
THIS ADJUSTABLE RATE RIDER is made this 8th day of November , 2004 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 Argent Mortgage
Company, LLC (the "Lender") of the same date and covering the property described In the
Security Instrument and located at:
1118 PETERSBURG ROAD, BOILING SPRINGS, PA 17007
[Property Address]
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE
AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANYONE
TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an Initial interest rate of 7.350 %. 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 first day of December, 2006 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 market ("LIBOR"), as published in the Wall Street Journal. The most recent Index figure
available as of the date 45 days before each Change Date is called the "Current Index."
If the Index Is no longer available, the Note Holder will choose a new index which is based
upon comparable information. The Note Holder will give me notice of this choice.
Loan Number: 0065322398 - 9705
810.1 (Rev 1N1) Page 1 of 3
11 /08!2004 9:22:59 AM
,(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
six percentage points ( 6.000 %) 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 will be my new Interest rate until the
next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be
sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on
the maturity date at my new Interest rate in substantially equal payments. The result of this
calculation will be the new amount of my monthly payment.
(D) limits on Interest Rate Changes
The Interest rate I am required to pay at the first Change Date will not be greater than 9.350% or
less than 7.350%. Thereafter, my Interest rate will never be increased or decreased on any
single Change Date by more than One( 1.000 %) from the rate of interest I have been paying for
the preceding six months. My Interest rate will never be greater than 13.350)% or less than
7.350)%.
(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 will deliver or mail to me a notice of any changes In my interest rate and the
amount of my monthly payment before the effective date of any change. The notice will include
information required by law to be given me and also the title and telephone number of a person
who will answer any question 1 may have regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Section 18 of the Security Instrument is amended to read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section
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.
Initials
Loan Number: 0065322398 - 9705
610-2 (Rev IMI) Page 2 of 3
11/08/2004 9:22:59 AM
r i
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 Securlty Instrument. However, this option shall not be exercised by Lender if
such exercise is prohibited by feder& 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 security will not be impaired by the loan assumption and
that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable
to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption. Lender may also 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.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
this Adjustable Rate Rider.
1 ' / I
(Seal)
Borrower CHAD WESTBROOK
_24 ?v A& (Seal)
B rrower E Y W TBROOK
(Seal) (Seal)
Borrower Borrower
Loan Number: 0065322398 - 9705
61043 (Rev lm1) Page 3 of 3
11108/2004 9:22:59 AM
VERIFICATION
Whitney K. Cook ' Assistant Secretary, and duly authorized representative of Wells
Fargo Bank, N.A., as Trustee for Park Place Securities, Inc. Asset-Backed Pass- Through
Certificates, Series 2005-WCH1, deposes and says, subject to the penalties of 18 Pa. C.S.A
Section 4904, relating to unsworn falsification to authorities, that the facts set forth in the
foregoing Complaint are true and correct to his/her knowledge, information and belief.
'Chase Home Finance, LLC #Wells Fargo Bank, N.A., as Trustee for Park Place Securities, Inc.
As-Attomey-In-Fact-For Asset-Backed Pass- Through Certificates, Series 2005-WCH1
, Assistant
MAY 2 7 'ZU
DOWN 01
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
~,~,,«titr of ~'a~~6rrl~~D
~''
_ .
t]~c it~t= ~; r - Atli ; w ER iF F
o ~ L~
i~c ~~ ...
~~~~ ~~~ '2 ~~ ~: ~y
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Wells Fargo Bank, NA
vs.
Chad D. Westbrook (et al.)
Case Number
2010-4242
SHERIFF'S RETURN OF SERVICE
06/30/2010 05:53 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to la states that on June
30, 2010 at 1750 hours, he served a true copy of the within Complaint in Mortgag oreclosure, upon the
within named defendant, to wit: Chad D. Westbrook, by making known unto him If ersonally, at 1118
Petersburg Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its con ents and at the same
time handing to him personally the said true and correct copy of the saryf~,~
DEPUTY
06/30/2010 05:53 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on June
30, 2010 at 1750 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Kelly D. Westbrook, by making known unto Chad tbrook, Husband of
defendant at 1118 Petersburg Road, Boiling Springs, Cumberland County, Penn Iv nia 17007 its
contents and at the same time handing to him personally the said true a rre t c y of the same.
1
S HA R N, DEPUTY
SHERIFF COST: $49.40
July 01, 2010
SO ANSWERS,
.:.
RON R ANDERSON, SHERIFF
(c) Gount,Suite Sheriff, Teleosoft, Inc.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF
PENNSYLVANIA
WELLS FARGO BANK, N.A., AS TRUSTEE CIVIL DIVISION
FOR PARK PLACE SECURITIES,
INC. ASSET-BACKED PASS-THROUGH
CERTIFICATES, SERIES 2005-WCHl, NO.: 10-4242 CIVII., TERM
Plaintiff,
vs. ~e n~
CHAD D. WESTBROOK a/k/a
CHAD WESTBROOK and
KELLY. D. WESTBROOK a/k/a
KELLY WESTBROOK
Defendants,
July 28, 2010
We Chad Westbrook and Kelly Westbrook have received a letter stating our mortgage is in
_ default. We fully object to the claims set forth against us. We have been in the process of a loan
modification since March of 2009. We have sent in the regwested documents on four separate
occasions. We have had many financial difficulties over the last few years that have left us with
financial hardships. We have every intention of keeping our home and ensuring that our loan
becomes current. Please take this note into consideration before making any final decisions or
judgments regarding our property.
Sincerely,
Chad ~Vestbr
n nJ
d
;.-r q f ~
~'i~l ~ ; C C: ~ 'T7
r r.1 i~) ~ ~~
.. ~
Kelly Westbrook ~' ~' ~° -
_~~
`-~'
-=c 6 ,~~ ~
i
t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
WELLS FARGO BANK, N.A., AS
TRUSTEE FOR PARK PLACE
SECURITIES, INC. ASSET-BACKED
PASS-THROUGH CERTIFICATES,
SERIES 2005-WCH1,
Plaintiff,
VS.
CHAD D. WESTBROOK A/K/A CHAD
WESTBROOK AND KELLY D.
WESTBROOK A/K/A KELLY
WESTBROOK,
Defendants.
CIVIL DIVISION
ISSUE NUMBER:
NO.: 10-4242 Civil Term -_,=
rn C=
=
?n ?-
0 M.
cnr -- mac'
TYPE OF PLEADING: .-
7
C -v ,
(5
PRAECIPE TO SETTLE AND
DISCONTINUE WITHOUT
PREJUDICE
CODE-
FILED ON BEHALF OF PLAINTIFF:
WELLS FARGO BANK, N.A., AS
TRUSTEE FOR PARK PLACE
SECURITIES, INC. ASSET-BACKED
PASS-THROUGH CERTIFICATES,
SERIES 2005-WCH1
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
WELLS FARGO BANK, N.A., AS
TRUSTEE FOR PARK PLACE
SECURITIES, INC. ASSET-BACKED
PASS-THROUGH CERTIFICATES,
SERIES 2005-WCH1,
CIVIL DIVISION
NO.: 10-4242 Civil Term
Plaintiff,
VS.
CHAD D. WESTBROOK A/K/A CHAD
WESTBROOK AND KELLY D.
WESTBROOK A/K/A KELLY
WESTBROOK,
Defendants.
PRAECIPE TO SETTLE AND DISCONTINUE
WITHOUT PREJUDICE
TO:PROTHONOTARY
SIR/MADAM:
Kindly settle and discontinue without prejudice the above-captioned matter and mark the
docket accordingly.
Sworn to and subscribed before me
this-` day of -- , n? , 2011.
Notary Public
Y VANIA
_QM&MJ 9f Nim, , seal
PWIds A ToMeMW, Nfy W*
cky Of Rubwo, ri U 5
NOTARIES
GRENEN & BIRSIC, P.C.
Kristine M. Anthou, Esquire
Attorneys for Plaintiff