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Home My WebLink About10-4505s • ~- LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 Vii' ~~ -- ,.,:~ Zo~~~~-~ A~r~~ ~~ µ5 ~ +(- .. ,~,ti--Y ;~ ATTORNEY FOR PLAINTIFF U.S. BANK, NATIONAL ASSOCIATION ND 205 W. 4TH STREET, SUITE 500, CN-TX OS-FI CINCINNATI, OHIO 45202 PLAINTIFF VS. EDWARD A. WILK TAMMY J. WILK 641 BRISBAIN LANE ENOLA, PA 17025 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. l o - 4.505 GvilT~xm COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 ~qa. oo Pd pT'r! c# sso(~g ~ ay~~sy IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF U.S. BANK, NATIONAL ASSOCIATION ND COURT OF COMMON PLEAS 205 W. 4TH STREET, SUITE 500, CN-TX OS-FI CIVIL DIVISION CINCINNATI, OHIO 45202 PLAINTIFF CUMBERLAND COUNTY VS. EDWARD A. WILK TAMMY J. WILK 641 BRISBAIN LANE ENOLA, PA 17025 NO. COMPLAINT IN MORTGAGE FORECLOSURE DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. U.S. Bank, National Association ND (hereinafter referred to as "Plaintiff') is an Institution, conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Edward A. Wilk and Tammy J. Wilk (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendants and itself as Mortgagee. The Mortgage, dated March 4, 2008, was recorded on March 24, 2008 in the Office of the Recorder of Deeds in Cumberland County at Instrument No. 200808731. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. 4. The Mortgage secures the indebtedness of a Note executed on March 4, 2008 in the original principal amount of $313,500.00 payable to Plaintiff in monthly installments with an interest rate of 6.70%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 641 Brisbain Lane, Enola, PA 17025. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the Record Owners of the mortgaged property located at 641 Brisbain Lane, Enola, PA 17025. 7. The Mortgage is now in default due to the failure of Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $308,353.71 Interest to 7/1/2010 $15,494.76 Accumulated Late Charges $809.20 BPO $95.00 Hazard Insurance $165.23 Cost of Suit and Title Search $550.00 Attorney's Fees $1,300.00 TOTAL $326,767.90 plus interest from 7/2/2010 at $56.60 per day, costs of suit and attorney fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchaser at Sheriffl 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 12, 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 $326,767.90 together with the interest from 7/2/2010 at $56.60 per day, costs of suit and attorney's fees. Law offices of Gregory Javardian BY: gory Ja 'a Attorney ID .55669 Attorney for laintiff EXHIBIT `A' ~7~~ .~ 4 t Prepared By: U.S. BANK NATIONAL ASSOCIATION ND 16 NINTH AVENUE NORTH HOPKINS, NrT 55343 Record & Return to: Smart Title, LLC 2700 Lighthouse Pt E, Ste 401B Baltimor 1~ 2 4~JW File# `~ Pazccl Number. 09-12-2992-277 [Space Airove Tab Llae For Recording Dntol MORTGAGE DEFINITIONS Words used in multiple sections of this document arc defined below and other words aze defined in Sections 3, 11, 13, l 8, 20 and 2l. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this docLZnent, z~hich is datedMarch ~, 20Q8 together with all Riders to this document. (B) "Borrower" isEDWARD A WILK AND TAll9vlY ~7 WILK Kfi M w i. ~~~~1.,,r + ice.. ........ '~'-'~41~~QI(~,q/~~~ J fem., _~ ..... . .,F `~~j.~ rl:•~,~ $t. LCD:;: ' ~ ; :,:~ 41~ Borrower is the mortgagor under this Security [nstrument. (C) "Lender" is U. S . EiA2iFC NATIONAL ASSOCIATION ND Lender is a A NATIOPIAi. ASSOCIATION 00006250305442 PEIIENSYLYANIA -Single Fsmily -Fannie Ma~lFreddis Maa UN{FOF;M INSTRUMENT Form 3039 1 /O 1 ® `-[~µV~ =1J Ppa 101 16 Initlds: VMP MORTGAGE FORMS • (8001521.7291 ~ ~ r organized and existing under the laws of THE UNITED STATES of AI+ZERIt_A Lender's address is 4325 - 17TH AVENtrL SW, FARGO, ND 56103 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Sorrowcr and datetlaarah 4, 2008 The Note states that Borrower owes LcnderTFIItEE xtrrlDxED THIRTEEN THOUSAND FIVE HUNDRED AND 00/100 Dollars (U.S. $ 313, 500.00 )plus interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt 'tn full not later than April 1, 2038 (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 applicablej: [] Adjustable Rate Rider ~ Gondominium Rider ~ Second Home Rider Balloon Rider [~ Planned Unit Development Rider (~ 1-4 Family Rider VA Rider ~ Biweekly Payment Rider 0 Other(s) [specify] (I~ "Applicable Law" means all controlling applicable federal, state and focal statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "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. {J) "Electrooie Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrornent, 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. (K) "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, ar omissions as to, the value and/or condition of the Property. (M) "Mortgage Ensurance"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. 00008250306442 ` ~aew.: -elPAl ~oooe~.oi rwe ~ ~ to Form 3039 1101 (O} "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2b01 et scq.) and its implementing regulation, Regulation X {24 C.F.R. Pact 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same sabject 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 party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note andlor 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 Instnunent and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COt7I+TTY [Type of Recording luri.9dictinn] Qf CUIa®E>:i7+AND [Name of Recording Jurisdiction]: SEE"ATTACFQZENT A" which currently has the address of 661 BRISBAIN LN ENOI,A ("Property Address"): [strut] [City], Pennsylvania 17025 [tip Code] TOGETHER WITH all 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." ooooezsosos6a2 -6tPAl iooosi.o~ WNds: PoQe 3 m 76 \,~~`~Farm 3039 t/O1 BQRROWER 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 far 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 Notc and any prepayment charges and late charges due under the Note. Borrower shall also pay funds far 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 Lenderas payment under the Note or this Security Instrument is returned w 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, bantc 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; oc (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note ar at such other location as may be designated by Lender is accordance with the notice provisions in Scc:tion 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 W 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 unapplicd funds until Harrower 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 I.cnder 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 fate 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 paymentreceived from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be OOOOB250306442 -6(PAt ioooei.oi k7itiala: V ~' V a.9s a of ie arm 3039 1101 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 Nvte 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 aze 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 ar encumbrance on the Property; (b) leasehold payments or ground rents an 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 Insurtce 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 a[I Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any ar all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shal I pay directly, when and where payable, rho amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall famish to Lender receipts evidencing such payment within such time period as Lender may require. Bonower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreementcontained in this Security Instrument, as the phrase "covenant and agreement" is used in 5ectian 9. ]f Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower faits to hay the amount due for an Eseraw Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower sha[I then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any ar all Escrow Items at any time by a notice given in accordance with Section l5 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 RE5PA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates o! expenditures of future Escrow Items or otherwise in accordance with Applicable Law, The Funds shall be held in an institution whose deposits are iusured by a federal agency, instrumentality, or entity (including Lender, if Lcndcr is an institution whose deposits arc 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 RE5PA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, yr verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 00008250306442 -8{pA) toooa~.ot lititiala: 1;J 1 YV Page 5 of 78 e~`~ortn 339 1107 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by ROSPA. 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 tv Lender the amount necessary to make up the shortage in accordance with RESPA, but in no mare than i2 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 die deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrtunent, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay ail taxes, assessments, charges, fines, and impositions attnbutable 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 5cction 3. Borrower shall promptly discharge any lien which has priority vver this 5ecutity 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 pari of the Property is subject to a lien which can attain priority vver this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Burrower 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 aone-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shalE keep the improvements now existing or hereafter erected on the Property insured against loss by tire, hazards included within the term "extended cmcrage," 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 canncctivn with this Loan, tither: (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 fur 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 1~rrower. 0000132503064112 `~, \ Mdfiik: ~ - `x~~J 1 -6lPlV ~oooe~.oi Paps Bol 18 Form 3039 1101 0 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, bur 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 w Borrower requesting payment. A11 insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprovie such politics, 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 farm 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 reparr 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 en such insurance proceeds, Lender shall not be required to pay Borrower any interest ar 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 $orrower does not respond within 3D 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 3D-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 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 dut. 00008250306442 urtials -6lPAl iooosy.or Pays 7 0l 18 Form 3039 1101 m 6. Occupancy. Borrower shall occupy, establish, and use the Property as Bon-ower's principal residence within 6Q 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 Prstection of the Property; Inspections. 8onower 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 1,o 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 ar restoring the Property only if Lender has released proceeds far such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. if the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. S. 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 yr 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 concenung Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's [nteresE in the Property and Rights Under this Security Instrument. ]f {a) Borrower fails to perform the covenants and agreements contained in this Security lnstrument, (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 proccedmg 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 tamed 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. 00006250306442 Initial:: ~,,~ -t31t'A) ioooai.ot Ppa H of 16 rm 3039 1101 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 Enstrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. ltl. 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 requued 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, $orrowcr 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 comings 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 paytrEnts 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 anon-refundable loss reserve, until Lender's requirement for \riortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such tenminaUon or until termination is requirod by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay intere5~t 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} m these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer nnay 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 rcinsurer, any other entity, ar any affiliate of any of the foregoing, tnay receive (directly or indirectly) amounts that derive from (or might be characterised as) a portion of Borrowers 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 shale of the insurer's risk in exchange for a share of the premiums paid to the insurer, tht arrangement is often termed "captive reinsurance." Further: (a) Anq such agreements will not aff~t the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements wits not increase the amount Borrower will owe for Mortgage Insurance, and hey will not entitle Borrower to any refund 00008250306442 -BIPAI ioooe~.o~ Initialr. ~' ` W r.o. s of i a Form 3039 1 J01 (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 199$ or aay 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 losurance terminated automatically, and/or to receive a refund of any Mortgage Insurance preminms that were unearned at the time of such cancettation or termination. II. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds arc 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. tlnless 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 Harrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, ar 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 lass 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 shalt be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether ar 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, Bon ower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property ar 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 00008250306442 jl.~-}~ I/IlliOls: ~,J . ~•61PA1 rooow.o~ a.Q. roof is Form 3039 1101 dismissed with a ruling that, in Lender's ,judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim 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 arc not applied to restoration or repair of the Property shalt 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 aay 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 5ucces~rs 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 Sectaity 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 accamrmdations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 1$, any Successor in Interest of Bon•ower 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 lnstrumcnt, 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 assignsof 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 ta, 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 chazge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subjectto 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 permiucd limits, then: (a) any such loan chazge 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 Notc 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 cut 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 eannection with this Security Instrument shall be deemed to 00008250306442 Initia4: ~-81PA1 toooei.a~ Pape 11 of 16 ` `Form 3039 11tH 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 Boaower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shah be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Bomower'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 Constrtection. 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 wards 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 ]8. Transfer of t#e Property or a Bene£eial 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 bencficia! interests transferred in a bond far 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 W a purchaser. If all or any part of the Property or any Interest in the Property is sold or transfetzed (or if Borrower is not a natural person and a beneficial interest in $onower is sold or transferred) without l.c:nder'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 exere_ised by Lender if such exercise is prohibited by Applicable Law. IF Lcndcr exercises this option, Lender shall give 9orrower 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 IS within which Borrower must pay all sums secured by this Security Instrument, ]f Borrower fails to pay these sams 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 shat! 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 0000!3250306442 ~TltNli: ~~ -ti{pA) ioooel.ot P.9o tzd is Farm 3039 1101 m 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 Inswment; and (d) takes such action as Lender may reasonably require tv assure that Lender's interest in the Property and rights under this Security Inswment, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Burrower pay such reinstatement sums and expenses in one ar mare 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 reinstatemen# 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. Z0. Ssle of Note; Change o[ Loan Servicer; Notiee of Grievance. The Note or a partial interest in the Nate {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 uru-elated to a sale of the Note. If there is a change of the Laan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address w 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 otherwis provided by the Note purchaser. Neither Borrower nor Lendet 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 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 con-ective action provisions of this Section 2D. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are these 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 env'vonmental protection; (c) "Envirvnmenaa] 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, ar otherwise trigger an Environmental Clearnrp. D0008250306442 -l1tPA1 roooel.ot Initials: ~~ v~ t9 of to Farm 3039 1101 ~' .. , Borrower shall not cause oc 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 nvt 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 stardge 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 Environmenta! 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: Z2. Acceleration; Remedies. Lender shalt give notice to Borrower prior to acceleration following Borrower's breach of any covenant ar 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 ti,e default; (c) when the default must be cured; sod (d) that failure to cure the default as specified may result is 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 We 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 severed by this Security [nsttvment, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lendcx shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for rclcaang 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 arty 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, exerrrption from attachment, levy and sale, and homestead exemption. l5. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to anc hour prior to the eommcncement of bidding at a sheriff s sale or other sale pursuant to this Security instrument. 2b. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rste After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure sba11 be the rate payable from time to time under the Note. UOO~82503t)6442 ®-6tPA) ioooei.oi VaDa 14 of 16 Form 3(739 7101 m BY 5[GN[NG BELC}W, 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: { } ~" Seal EDWARD A WZI.YC -Borrower L~.~ (Seal) TAt4SY J -Harrower 0000825030fi442 ®-61PA) roaos~.ot _ (Seal) (Seal) -HorroweC -Borrower _ {Seal) -Harrower _ {Seat) -Borrower pg. is of re _ {Seal) -Borrower _ (5 eal) -Hoaower Form 3039 1101 ~..~ + Certificate f Reside e l~ , do hereby certify that the correc address of a within-named Mortgagee is 4325 - 17TH AVLrN17E 5W, FARGO, NA 58103 ' Witness my hand this4th da of March, 2008 Arent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, Cu ~^ ~ ~.r ~ °t^ d County ss: d~ On this, the -I day of Iv ` ar ~~ ~ ~ g ,before me, the undersigrtied officer, personally appeased + I 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/shelthey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ~'b ~+ ~! J NOTARIAL SEAL WtlLUlhll L JOHNSON Notary Publlc ` ` ~ ~ ~ 1 1G ANNVILLE BOROUGH, LEBANON COUNTY ~ !'N !n, ; MY COmmisalon Expires Feb 2S, 2011 'liUe of officer ~- 00008250306442 ®-s(PA) IooaeLal Initide: ~~~ Papa 7 8 of 16 a ~1Form 3039 1 !01 N ~ ~scrowFileNo_: 88244CLC EXHIBIT "A" All that certain piece of ground or parcel of land situated in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, being known and designated as Lot 48, as shown on a plat entitled, "Westwood Hills Phase V",which is recorded in the Register of Deeds Office for the County of Cumberland, State of Pennsylvania in Plat Book No. 87 at Page 9, which it is more fully described as follows: BEGINNING at an iron pin in the southern Line of a 50 foot right of way known as Brisbain Lane and of Lot #47 as it appears on the aforesaid Subdivision Plan; thence along Lot 47, South 28° 30 feet to an iron pin; thence along lands now or formerly Village Iiomes/Westwood Glen, Inc., North 63° 02' 31" W, 8.91 feet to an iron pin; thence along aforesaid owner North 13° 19' S2" W, 53.90 feet to an iron gm; thence along aforesaid owner South 89° 43' 27" W,17.35 feet to an iron pin; thence along the aforesaid owner North 74° 24' 35" W,14.86 feet to an iron pin at the corner of Lot 49; thence along Lot 49 North 24° 43.44" E, 211.66 feet to an iron pin in the southern line of a 50 foot right of way known as Brisbain Lane; thence along the aforesaid right of way on a curve to the right having a radius of 175.00 feet, an arc length of 49.71 feet, South 57° OS' 02" E, a chord of 49.54 feet to a monument; thence along the aforesaid right of way on a curve to the left having a radius of 175.00 feet, an arc length of 40.04 feet, Sout>t 55° 33' OS" E, a chord 39.96 feet to an iron pin, the place of beginning. The improvements thereon being known as b41 Brisbain Lane, Enola; Pennsylvania 17025. Being the same property which by Deed dated June 30, 2004 and recorded in the Register of Deeds Office of Cumberland County, State of Pennsylvania was granted and conveyed by Village Homes at Westwood Glen Inc. unto Edward A. Wilk and Tammy J. Wilk in Deed Book No. 264 at Page 447. Title Insurer: First American Taz ID# 09-12-2992-277. -._.1 ~. ~ ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-b370 Instrument Number - 200808731 Recorded On 3/24/2008 At 11:13:46 AM * Instmmeat Type -MORTGAGE Invoice Number -16944 User ID - KW * Mortgagor - WIi.K, EDWARD A ° Mortgagee - U S BANK N A * Customer - SMARTTITLE LLC * FEES STATE WRIT TAR $0.50 STAT13 JCS/ACCESS TO $10.00 JvsTICE RECORDING FEES - $37.50 RECORDER OF DEEDS AFE'ORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $64.50 * Total Pages - 18 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA * au >~ RECORDER O D EDS * - Tnforroation denoted by an asterisk may change during the verification process and may not be reflected on this page. VI~IIIII~IIIII EXHIBIT `B' NOTE March 4, 2008 8A7.TI240R8 2dD [Due] (City] (Stale) In return for a loan that 1 have received I omisc to U. S. S 313 500.00 this amount is called "Princi a " plus interest, to the order of the Lender. The Lender is U. 9. 8>+tix N1ITIONAL AssOCIATION LVD I will make all payments under this Note in the fomt of cash, check or money order. rate of 6.700 %. The interest rate requited by this Section 2 is the rate I will pay both before and after any default described in Section 6(D) 3. PA t ac I ill a rinci an in st ntakin a a 1 will make m monthl aytrent on thelat tla of each month be innin ottMa 1 2008 . 1 will ma owe under Chia Note. Each monUtl a tnent will be lied as of its scheduled due date and will be a lied to intereA before Principal. ]t, on April 1, 2038 , I still owe amounts under this Note, I will pay those amounts in full on te, tc is c e atunty ate. or at a different place if required by the Note Holder. M monthl a mcnt will be in the amount ofU.S. S 2 022.95 "Prepayment." Whcn 1 make a Prepaymcrtt, I will tell the Note Holder in writing that [ am doing so. I may not designate a Pre a ents to reduce the aatount of Princi al that I owe under this Note. However the Note Holder ma a m Princi al amount of th Note If f make a artial 1'r nen there will be no than in th monthl a ment unless the Notc Holder agrees in writing to those changes. 00008250306442 o 5. LOAN CHARGES If a law, which applies to is oan w Ic sets maximum oan arges, is t n ermittcd limi then: a an such loan char e ce to uce e c e o e ttttrte tmt ' any sums a mew tc exce ptrtttt a tmt wl cnt to roc. Ifa refund reduces Prittci 1, the reduction will be treat~:d as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED A ate arge or ver e 't is due 1 will a a Iale char a to the Note Holder. The amount of the: charge will be 5.006 °/. of my over ve paymcn o B Default n (C) Notice of Default certain date:, the Notc Holder Inay rcyuirc me to pay immediately the full amount o Pnnctp w e taa nut cn pae an a o aver y o e o r Eveet if, at a time when 1 am io default, the Note Holder does not require me to pay immediately in full as described above, the Note Ho er wt sU ve c ng o so t am (E) Paymeol of Note Holder's Costs and Expetues t e sus in enfotcin this Note to the extent not rohibited by applicable law. '['hose expenses include, for example, reasonable attomcys' feu. CES Unless applicable law re:quireos a different method, any notice that must be given to me un r t is otc we given y 't first class mail to me at the Pr rt Address above or at a different atldrnss if 1 give the Note Holder a notice of my different address. iv n a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER PHIS NOTE _ If more than one person signs es ote, cac person es y an persona y u ega e ntor surtt or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the ubligatiot~ of a guarantor, surety Il f us to ether. This means that an one of us ma be r uired to pay all of the amounts owed un er es ote. an any o cr person o right to require the NotaHoldcr to give notice W other persons that amounts due have not btxn paid. 00008250306 2 ®-rrt 100°61.07 r.°. 3 w 7 IU. UNIFORM SECURED NOTE This Note is a uniform instrument wr rmrt vans runs m some ~trn _ - - ^ - . -`...---. -- c__..;.., ti.a t,r.. "c......:w lnerrnmmr"1 dated the same date rla ]f all or any part of the Property or any Inkiest in the Property is sold or transferred (or if Borrower is not a natures pawn an a e era m re consent, Lender truly require itrrmcdiate payment in full of all sums securer! by dris Security lnstrnmcnt. .......:ate ...~r:~v1 of ru,t less than 30 davs from the date the notice is given in accordance with Section l~ instrument without further notice or demand on Borrower. _- ~ AND SEAL(S) EDWARD !a i(II.R - -Botruwer T71!!!Y J ]itI~ v -Borrowv . (seal) •Botrowet 100061.02 42 NOTE ADDENDUM (Borrawer'a Rlght to repay THiS NOTE ADDENDUM Ts made this 4 y o arc ~ t he Note Fixed Rate Note Ad'ustablc Ratc Note, or Balloon Note made by the undersigned (the "Borrower") in favor of U.S. SANK NA'T'IONAL ASSOC[ATIU (the "Lender") and dated as of even date herewith (the "Notc'~. The intrsest rate stated on the Notc is called the "Note a l (the Borrower) understand the Lender may transfer the Note, the related Mortgage, Deed of Ttust or Dce to endum b trans er and who is entitled W receive payments undo tlu Note is called the "Note o In addition W d~c covenants and agrcetnents in the Security ]nstrumrnt, any Riders to the Security Instrument, w e o e, orrower a ri hl to matte a mrnts of Princi al at any lime before they arc due. A payment of Principal only is a Prepayrnrnt poor w the end of dte Thirty- ixth month of this Note, I will have W pay a 1'rcpayrnrnt ch e. c repaymen c , ge t 0'/" of the amount of rinei al rs aid, or One Hun ars tc ever is gr if 1 e a pant ayrncnt, ere wt a no c artg unless dre Natc Holder agrees to writing W these changes. EDWARD A WILK -Bu`row"r ea A - rmwv -Borrow (S~) -Bortvw"r Mut.nsrwtt nxw urt nrrct tnwr~ Ru.. ~%- a.e~ ~b r...waemtw.a".. rarw~ EXHIBIT `C' (Rev. 9/2008) ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: April 12, 2010 EDWARD A. WILK 641 BRISBAIN LANE ENOLA, PA 17025 TAMMY J. WILK 641 BRISBAIN LANE ENOLA, PA 17025 This is an official notice that the mort a~~ eon your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (I~MAP) may be able to hElp t~ save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servingyouur County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing, can call (717) 780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help ezplain 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 PARA UN PItESTAMO 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. Certified Article Number _~ ~ ~ ~ ~ SENDERS RECORD. Certified Article Number -' ~ ~ ~ , - SENDERS RECORD HOMEOWNER'S NAME(S): EDWARD A. WILK AND TAIVIMY J. WILK PROPERTY ADDRESS: 641 BRI BAIN LANE, ENOLA, PA 17025 LOAN ACCOUNT NUMBER: ORIGINAL LENDER: U.S. BANK NATIONAL ASSOCIATION ND CURRENT LENDER/SERVICER: U.S. BANK, N.A. ND HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PEiv-IrTSYLVAiiVIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY- THREE (331 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAPAPPLICATIONAS SOONAS POSSIBLE. IF YOU HAVEA MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMAR%DATE OF THIS NOTICE 'AND FILE ANAPPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARIL~PRE~VE1"~'D FROMSTARTINGA FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE': YOUHAVE THE RIGHT TO FILEA HEMAPAPPLICATIONEVEN BEYOND THESE TIME PERIODS A LATEAPPLICATION WILL NOT PREVENT THE LENDER FROMSTARTING A FORECLOSUREACTION, BUTIFYOURAPPLICATIONISEVENTUALLYAPPROVEDATANY TIME BEFOREA SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING; PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSH)ERED 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 DATEI NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 641 BRISBAIN LANE, ENULA, PA 17025 is SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due from 11/1/09 through 4/1/10 in the amount of $2,414.42 per month: Monthly Payments Plus Late Charges Accrued: $14,992.27 AppraisaUBPO: $95.00 (Suspense) ($0.00) TOTAL AMOUNT TO CURE DEFAULT $15,087.27 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 $15,087.27, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH MAY BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either cash. cashier's check, certified check or money order made payable and sent to• US Bank, N.A., 205 West Fourth Street, Cincinnati, OH 45202. Contact: Jackie Todd-Watson You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIIZTY (30) DAYS of the date of this Notice, the lender intends to ezercise its rights to accelerate the mort~a~e 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 mort~a~ed 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 aze 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 (301 DAY period. you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the ri t to cure the default and prevent the sale at anv time up tone hour before the Sheriff's Sale. You may do so by haying the total amount then past due, plus any late or other chazges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing anv 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 SIERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs sale of the mortgaged property could be held would be approximately NINE (9) months from the date of this Notice. A notice of the actual date of the 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 - US Bank, N.A. 205 West Fourth Street Cincinnati, OH 45202 Tel.: (513) 639-6154 Attention: Jackie Todd-Watson EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff s Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the 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, chazges and attorney's fees and costs aze paid prior to or at the sale and that the other requirements of the mortgage aze satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF • TO HAVE THE MORTGAGE RESORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Gregory ,~avard ~ian LAW OFFICES OF GREGORY JAVARDIAN ATTORNEY FOR LENDER CC: PENNSYLVANIA HOUSING FINANCE AGENCY -VIA EMAIL - Act91 e hfa.org IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIlZ 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 RECENED 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 OTI~I~Vr'ISE) TO COLLECT THE DEBT UNTIL WE MAIL THI 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 An 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 your foreclosure!" "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 financial 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 look up 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.maldnghomeaffordable.gov. ^~ Federal Trade Commission `'~~ ftc.gov/MoneyMatters Call 1 ~8~8~995-bOPE for free personalized guidance from housing counseling agencies certified 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 industzy members and HUD-certified counseling agencies. Or visit .hopenow.cor~ For free information on the President's plan to help homeowners, visit . kinhorn~fforbleeov .~~.~ ~: ~: ~z~:~~. t:.,::~ , ~r ~~..e kunnt~ HOPENQW Support & Guidance For Homeowners ® ® ® ~ SM MAKING HOME AFFORDABLE.cov r 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. N e: Title: U.S. Bank, National Association ND 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 U.S. BANK, NATIONAL ASSOCIATION ND COURT OF COMMON PLEAS PLAINTIFF VS. EDWARD A. WILK TAMMY J. WILK DEFENDANTS CUMBERLAND COUNTY NO. 2010-4505 Civil Term PRAECIPE TO REINSTATE COMPLAINT n , t~ e , ~, ~ -~ TO THE COURT: ~~ "~v ~~ w ~~ <~ -,~ _-°~, Kindly Reinstate the Complaint in Mortgage Foreclosure for an ~c ~ ~z-~,~ additional thirty (30) days. .`.~ ~ ~ -t Dated: August 25, 2010 BY CIVIL DIVISION ~/D, a d~C ~~y gory Ja d' ,Esquire _ ttorney for intiff ~ ~S s s a( SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor US Bank National Association Case Number vs. Edward A. Wilk (et al.) 2010-4505 SHERIFF'S RETURN OF SERVICE 09/27/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Edward A. Wilk, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Lebanon County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/1812010 11:15 AM - Lebanon County Return: And now October 18, 2010 at 1115 hours 1, Michael ?. DeLeo, Sheriff of Lebanon County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Edward A. Wilk by making known unto Scott Lingle, adult in charge at 29 Appalachian Drive, Grantville, PA 17028 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, November 05, 2010 RON W R ANDERSON, SHERIFF MORTGAGE FORECLOSURE No. 10-4505 Law Offices Of Gregory Javardian Return To Cumberland County Gregory Javardian, Equire U. S. Bank, National Association ND 1310 Industrial Boulevard 1st Floor Suite 101 VS. Southhampton, Pa. 18966 (215) 942-9690 (Edward A. Wilk STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: Docket Page 33017 William Mohl, Deputy Sheriff, being duly sworn according to law, deposes and says that he served. the within MORTGAGE FORECLOSURE upon EDWARD A. WILK the within named DEFENDANT, by handing a true and attested copy thereof, personally to Scott Lingle, he being the Owner and Person in Charge at time of service on October 1.8, 2010 at 11:15 A.M., at 29 Appalachian Drive, Grantville (East Hanover Township), Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me This I" day of November, 2010 SO ANSWERS, YPublic e „ 5':' , LADE a non ill sa S3?an ,pires Nov. DEPUTY SHERIFF By Authorization Of. Is SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 09130/10 Check No. 55490 Amount $ 100.00 Costs Incurred: Amount $ 100.00 Amount Of Refund: Check No. Amount: $ 0.00 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE ID No. 55669 MARY F. KENNEDY, ESQUIRE ID No. 77149 JAMES P. KENNEDY, ESQUIRE ID No. 86614 MEGHAN K. BOYLE, ESQUIRE ID No. 201661 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 U.S. BANK, NATIONAL ASSOCIATION ND 205 W. 4TH STREET, SUITE 500, CN-TX 05-F1 CINCINNATI, OH 45202 COURT OF COMMON PLEAS No.: 10-4505 CUMBERLAND COUNTY vs. EDWARD A. WILK 29 APPALACHIAN DRIVE GRANTVILLE, PA 17028 TAMMY J. WILK 46 TORY CIRCLE ENOLA, PA 17025 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 0 c r M rn T .+_.. V CO C) -n _2 :z F3 i_ '::3r-n Kindly enter judgment in favor of the Plaintiff and against EDWARD A. WILK and TAMMY J. WILK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $326,767.90 Interest 07/02/10 to 01/11/11 10,923.80 TOTAL $337,691.70 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. Damages are hereby assessed as indicated. DATE: \ - i ? _')-n 1 I J ZC..' - & /gory &a fan, Esquire Id. No. 55669 -]Mary F. Kennedy, Esquire Id. No. 77149 -Aames P. Kennedy, Esquire Id. No. 86614 :]Meghan K. Boyle, Esquire Id. No. 201661 Attorneys for Plaintiff RO PROTHY 44 Iq bb pD a C k t?'a'''q a e'?k?'Ge M4`l?d ?b U.S. BANK, NATIONAL ASSOCIATION ND In The Court of Common Pleas Plaintiff V. EDWARD A. WILK TAMMY J. WILK Cumberland County No. 2010-4505 Defendants TO: TAMMY J. WILK 46 TORY CIRCLE ENOLA, PA 17025 EDWARD A. WILK 29 APPALACHIAN DRIVE GRANTVILLE, PA 17028 DATE OF NOTICE: 11/18/2010 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 find out where you can get legal help. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 Gregory Javardian, Esquire 1310 Industrial Boulevard I" Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney, for Plaintiff Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) 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 llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE ID No. 55669 MARY F. KENNEDY, ESQUIRE ID No. 77149 JAMES P. KENNEDY, ESQUIRE ID No. 86614 MEGHAN K. BOYLE, ESQUIRE ID No. 201661 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 U.S. BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS ND CUMBERLAND COUNTY VS. No.: 10-4505 EDWARD A. WILK TAMMY J. WILK VERIFICATION OF NON-MILITARY SERVICE GREGORY JAVARDIAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) Defendant(s), EDWARD A. WILK and TAMMY J. WILK, is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, EDWARD A. WILK, is over 18 years of age, and resides at 29 APPALACHIAN DRIVE, GRANTVILLE, PA 17028. (c) Defendant, TAMMY J. WILK, is over 18 years of age, and resides at 46 TORY CIRCLE, ENOLA, PA 17025. (d) Plaintiff, U.S. BANK, NATIONAL ASSOCIATION ND, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 205 W. 4TH STREET, SUITE 500, CN-TX 05-F1, CINCINNATI, OH 45202. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. VJEsquire Id. No. 55669 Mary F. Kennedy, Esquire Id. No. 77149 James P. Kennedy, Esquire Id. No. 86614 ?Meghan K. Boyle, Esquire Id. No. 201661 Attorneys for Plaintiff' Z? X? Gr ory J arin, IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Edward A. Wilk Debtor U.S. Bank National Association ND Movant V. Edward A. Wilk Charles J. DeHart, III Respondents Chapter 13 Proceeding 1-10-bk-04487 MDF ORDER Upon consideration of U.S. Bank National Association ND's Motion for Relief from the Automatic Stay, it is hereby ORDERED AND DECREED that the Automatic Stay Stay be modified to permit, U.S. Bank National Association ND and/or its successors and assigns to proceed with the foreclosure on the property located at 641 Brisbain Ln, Enola, PA 17025 and obtain all other Relief available under the Non- Bankruptcy law. It is further ORDERED AND DECREED that the automatic stay is annulled and the following actions by U.S. Bank National Association ND were not in violation of the automatic stay: the filing of the complaint in Cumberland County on July 8, 2010 case no. 10-4505; service of the complaint on Tammy Wilk on July 16, 2010 and on Edward Wilk on October 18, 2010; reinstating the complaint on September 23, 2010; and the mailing of the Rule 237.1 Notice on November 18, 2010. It is further ORDERED AND DECREED, that relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code. 0669011 Clbac2051 Fiflkt J12047110 lfnh6e d D12X71101 U66M0 C®ssc MWpd§edAmb* Page 1 of 2 It is further ORDERED AND DECREED, that Bankruptcy Rule 4001(a)(3) is not applicable and Movant is allowed to immediately proceed with foreclosure and all other relief available under the Non-Bankruptcy law. By the Court, Chief Bankruptcy Judge (JO) Dated: January 4, 2011 0bs9d 11 CfikxMl F&ii 127910 ffMb6eeeld312M71101 MMW MM= MWpdbed0Tekt Page 2 of 2 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N010-4505 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION ND Plaintiff (s) From EDWARD A. WILK and TAMMY J. WILK (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 $337,691.70 L.L..50 Interest From 01/11/11 to Date of Sale at $55.51 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $243.50 Other Costs Plaintiff Paid Dat,y: 2/25/11 David D. Bu 1, Prothonotary (S'--al) By: REQU STING PARTY: Naive: GREGORY JAVARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 Deputy COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U.S. BANK, NATIONAL ASSOCIATION ND COURT OF COMMON PLEAS 205 W. 4TH STREET, SUITE 500 CN-TX 05-F1 CUMBERLAND COUNTY CINCINNATI, OH 45202 No.: 10-4505 CIVIL TERM vs. c-y r-5- "I -? EDWARD A. WILK rn rn rr--- TAMMY J. WILK 1% ?a) 641 BRISBAIN LANE -?? cn °, ENOLA, PA 17025 C:)--n _ - _ o PRAECIPE FOR WRIT OF EXECUTION " ' ' MORTGAGE FORECLOSURE i PO TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 01/11/11 to Date of Sale @ $55.51 per diem Subtotal (Costs to be added) S A??wfC10-11-3 IOt•0o 01200 10.Ob ICd. OD 12, SO CBF ,a, a y 3 . Sb Ida a K t $337,691.70 4z"- 44v?-?? G GOR AV IAN, ESQUIRE Attorney for Plantiff I.D. #55669 1310 Industrial Boulevard I st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 ?a.o . S0 c,c C&# 15-75 We 1f P-2 JTSSuecl ALL THAT CERTAIN piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, known and designated as Lot #48 on the Final Subdivision for Westwood Hills Phase V, as recorded in Cumberland County in Plan Book 87, Page 9 in which it is more fully bounded and described as follows, to wit: BEGINNING at an iron pin in the southern line of a 50 foot right-of-way known as Brisbain Lane and of Lot #47 as it appears on the aforesaid Subdivision Plan; thence along Lot 47 South 28° 39' 52" West 231.54 feet to an iron pin; thence along lands now or formerly Village Homes/Westwood Glen, Inc., North 63° 2' 31" West, 8.91 feet to an iron pin; thence along aforesaid owner North 13" 19' 52" West 53.90 feet to an iron pin; thence along aforesaid owner 89° 43' 27" West 17.35 feet to an iron pin; thence along the aforesaid owner North 74° 24' 35" West, 14.86 feet to an iron pin at the corner of Lot 49; thence along Lot 49 North 24° 43' 44" East, 211.66 feet to an iron pin in the southern line of a 50 foot right-of-way known as Brisbain Lane; thence along the aforesaid right-of- way on a curve to the right having a radius of 175.00 feet, an arc length of 49.71 feet, South 57° 8' 1" East, a chord of 49.54 feet to a monument; thence along the aforesaid right-of-way on a curve to the left having a radius of 175.00 feet an arc length of 40.04 feet, South 55° 33' 5" East, a chord of 39.96 feet to an iron pin, the place of beginning. BEING known as 641 BRISBAIN LANE, ENOLA, PA 17025 BEING THE SAME PREMISES which Village Homes at Westwood Glen, Inc., a Pennsylvania corporation, by Deed dated June 30, 2004 and recorded July 12, 2004 in the Office of the Recorder of Deeds of York County in Deed Book 264, Page 447 granted and conveyed unto Edward A. Wilk and Tammy J. Wilk, husband and wife. PARCEL No. 09-12-2992-277 U.S. BANK, NATIONAL ASSOCIATION ND t? n COURT OF COMMON PLEAS 2? -rt U? r -?-ra -o vs. EDWARD A. WILK TAMMY J. WILK CUMBERLAND COUNTY r a G No.: 10-4505 CIVIL TERM °c AFFIDAVIT PURSUANT TO RULE 3129.1 -a CD- c.? ter: ? 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 641 BRISBAIN LANE, ENOLA. PA 17025: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EDWARD A. WILK 29 APPALACHIAN DRIVE GRANTVILLE, PA 17028 TAMMY J. WILK 46 TORY CIRCLE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: EDWARD A. WILK 29 APPALACHIAN DRIVE GRANTVILLE, PA 17028 TAMMY J. WILK 46 TORY CIRCLE ENOLA, PA 17025 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) None. 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 641 BRISBAIN LANE ENOLA, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. G GOR J RDIAN, ESQUIRE ,KOk Attorney for Plaintiff February 22, 2011 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD I ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 r? G r- N ? . Z ..- T-1 ....t p U.S. BANK, NATIONAL ASSOCIATION COURT OF COMMON PLEAS ND CUMBERLAND COUNTY vs. EDWARD A. WILK TAMMY J. WILK No.: 10-4505 CIVIL TERM CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: O FHA O Tenant Occupied O Vacant O Commercial O As a result of Complaint in Assumpsit (X) Act 91 complied with G ORY J V ?01 AN, ESQUIRE A torney for Pla iff LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 U.S. BANK, NATIONAL ASSOCIATION ND vs. EDWARD A. WILK TAMMY J. WILK COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-4505 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: EDWARD A. WILK TAMMY J. WILK 29 APPALACHIAN DRIVE 46 TORY CIRCLE GRANTVILLE, PA 17028 ENOLA, PA 17025 C-) C= r? i rn? c a ? c» -Or l Cn s C T' c h .C -0 CD -°t Your house (real estate) at 641 BRISBAIN LANE, ENOLA, PA 17025, is scheduled to be sold at Sheriffs Sale on JUNE 1, 2011 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $337,691.70, obtained by U.S. BANK, NATIONAL ASSOCIATION ND, 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 on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, known and designated as Lot #48 on the Final Subdivision for Westwood Hills Phase V, as recorded in Cumberland County in Plan Book 87, Page 9 in which it is more fully bounded and described as follows, to wit: BEGINNING at an iron pin in the southern line of a 50 foot right-of-way known as Brisbain Lane and of Lot #47 as it appears on the aforesaid Subdivision Plan; thence along Lot 47 South 28"39' 52" West 231.54 feet to an iron pin; thence along lands now or formerly Village Homes/Westwood Glen, Inc., North 63" 2' 31" West, 8.91 feet to an iron pin; thence along aforesaid owner North 13" 19' 52" West 53.90 feet to an iron pin; thence along aforesaid owner 89" 43' 27" West 17.35 feet to an iron pin; thence along the aforesaid owner North 74" 24' 35" West, 14.86 feet to an iron pin at the corner of Lot 49; thence along Lot 49 North 24" 43' 44" East, 211.66 feet to an iron pin in the southern line of a 50 foot right-of-way known as Brisbain Lane; thence along the aforesaid right-of- way on a curve to the right having a radius of 175.00 feet, an arc length of 49.71 feet, South 57" 8' 1" East, a chord of 49.54 feet to a monument; thence along the aforesaid right-of-way on a curve to the left having a radius of 175.00 feet an arc length of 40.04 feet, South 55" 33' 5" East, a chord of 39.96 feet to an iron pin, the place of beginning. BEING known as 641 BRISBAIN LANE, ENOLA, PA 17025 BEING THE SAME PREMISES which Village Homes at Westwood Glen, Inc., a Pennsylvania corporation, by Deed dated June 30, 2004 and recorded July 12, 2004 in the Office of the Recorder of Deeds of York County in Deed Book 264, Page 447 granted and conveyed unto Edward A. Wilk and Tammy J. Wilk, husband and wife. PARCEL No. 09-12-2992-277 AF Y LAW OFFICES OF GREGORY JAVARDIAN dy: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 U.S. BANK, NATIONAL ASSOCIATION ND vs. EDWARD A. WILK TAMMY J. W ILK COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-4505 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 a MW rn rn q y f Z v o Q =O O = O n -t -c cn I hereby certify that I have sent copies of the Notice of Sheriff Sale to the Defendants' certified and regular United States mail and all lien holders or judgment creditors of record as required by Pa.R.C.P. by first class United States mail, postage prepaid, on the date set forth below. (See attached Exhibit "A") Cumberland County Domestic Relations 13 N. Hanover Street Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013-3387 Tenants/Occupants 641 BRISBAIN LANE ENOLA, PA 17025 EDWARD A. WILK 29 APPALACHIAN DRIVE GRANTVILLE, PA 17028 TAMMY J. WILK 46 TORY CIRCLE ENOLA, PA 17025 01 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 G GO ARDIAN, ESQUIRE Dated: toney fo laintiff Ai$ .04-E4 EDWARD A. WILK - 29 APPALACHIAN DRIVE GRANTVILLE, PA 17028 SENDER: REFERENCE: WILK, E. 7196 9008 9040 0121 8269 PS Form 3800 January 2005 RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee ....,. Total Postage & Fees US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use for InWrodonal Maim TOTAMMY J. WILK 46 TORY CIRCLE ENOLA, PA 17025 7 v ? OR? ?t? ?,4I1 l1SPS? SENDER: REFERENCE: WILK, E. 7196 9008 9040 0121 8306 PS Form 3800 Jana 2005 RETURN Postage RECEIPT Certified Fee SERVICE 9.61 2 9 Return Receipt Fee . 30 Restricted Doom Total Postage $ Fees 15 US Postal Service - RIDATE Receipt for o 1 Certified Mail No Insurance Coverage Provided U sP5 Do Not Use for international man fV TO; ENANTS OCCUPANTS 641 BRISBAIN LANE ENOLA, PA 17025 SENDER: REFERENCE: WILK, E. 7196 9008 9040 0121 8160 PS Form 3800, JaraM 2005 _ RETURN Postage RECEIPT Certified Fee SERVICE Rewm Receipt Fee „•_,. Total Postage & Fees US Postal Service POS Receipt for o Certified Mail No Insurance Coverage Provided Do Not Use for Intemational Mail US PS'/ p ^•??!?)D T O W V V C CD 2 01 N O N 2. V F W x 0 W d 0 w 3 r --1 N O z 00 V OA U7 W N T -- T) !?Z ?.... c 713 V a Q C w 3 ???p ; _ Ia c <D -"i -no) - C7 0 m N C Z - 3 4 u S r-- a ) r,, q 8u , C <z a.3 D d ? Q N O a W 08 n 0 3 N m O ????? l v O ro ?+ H yy ?-1 Ql n N .? y n T+? F--''n Y+ n 'C N is m Q fD a ?p N m 0 b F- O - O • . o d m w t7 ?? C c' x . n N "Qh A? F-4 C 4 Cr f-' ?. -TJ ?j d m K - ro rY ro a 0. m w 'vim, r s?-m H mx o n ro 0 ?:l m n n b y (D n v? , ???? m m N C Cr] Z ON Q1 I' U] CCD ?C co m m 8 ra, 3 O UT T _ ui EL m J O tr. [a N ? no a m N Cz7 rd 00 C w n cD a m {° o CrJ ' w cD y A? m ° a N n ?•' 00 fJ :r 3 J CD F ' - a Ul a (D (n 67 (a CD Yu+ rW T b a 0 `y__yw m m a a N X (D n fD o? y m2 CD -,m ° nm am A? m3 m C4 m c m y n= 4 m N m? d ?D o r D M anmd a c ?? P 7 0 = N Q 9 Car_ .. 7 ., ?n F1 0 D o wrF4 -n 'o ?I CO N ? am " a rn ? , O February 22, 2011 TO: OWNER(S): PLAINTIFF/SELLER: DEFENDANT(S): PROPERTY: CUMBERLAND C.C.P. NO. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ALL PARTIES IN INTEREST AND CLAIMANTS EDWARD A. WILK and TAMMY J. WILK U.S. BANK, NATIONAL ASSOCIATION ND EDWARD A. WILK and TAMMY J. WILK 641 BRISBAIN LANE ENOLA, PA 17025 10-4505 CIVIL TERM The above captioned property is scheduled to be sold at Sheriffs Sale on JUNE 1, 2011 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. You may hold a judgment on the property, which maybe extinguished by the sale. You nay wish to attend the Sheriff's Sale to protect your interest. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Sincerely, 4regory Jav an, Esquire Law Offices of Gregory Javardian 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson t Sheriff 4 -- ' V , F;- Jody S Smith" Chief Deputy R Richard W Stewart Solicitor CUJt'`?F i, PENrNSYLVAM US Bank Trust National Association vs. Case Number Edward A. Wilk (et al.) 2010-4505 SHERIFF'S RETURN OF SERVICE 03/17/2011 03:15 PM - Deputy Michelle Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 641 Brisbain Lane, Enola, PA 17025, Cumberland County. 03/21/2011 07:39 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Tammy J. Wilk at 46 TORY CIRCLE, ENOLA, PA 17025, Cumberland County. 04/11/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Edward A. Wilk, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Lebanon County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 04/11/2011 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Lebanon County upon Edward A. Wilk, personally, at Rt. 422 and S. Railroad Street, Palmyra, PA. So Answers: Kirk Juliani, Deputy Sheriff. 06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Atty US Bank National Association, ND, 205 W. 4th St, Ste 500, Cincinnati, OH 45202, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $944.34 SO ANSWERS, - 21 July 07, 2011 RON R ANDERSON. SHERIFF I (7, / •"-j y ? rte. t???? ? s ?.?. BANK, NATIONAL ASSOCIATION "D N S. EDWARD A. WILK TAMMY J. WILK COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-4505 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 641 BRISBAIN LANE, ENOLA, PA 17025: 1. Name and address of Owner(s) or reputed Owner(s): Naive Last Known Address (if address cannot be reasonably ascertained, please indicate) EDWARD A. WILK 29 APPALACHIAN DRIVE GRANTVILLE, PA 17028 TAMMY J. WILK 46 TORY CIRCLE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: EDWARD A. WILK 29 APPALACHIAN DRIVE GRANTVILLE, PA 17028 TAMMY J. WILK 46 TORY CIRCLE ENOLA, PA 17025 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) None. 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. x 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 N. Hanover Street Carlisle, PA 17013 1 Courthouse Square Carlisle, PA 17013-3387 Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 641 BRISBAIN LANE ENOLA, PA 17025 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, inforination 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. GA GOR J„ IAN, ESQUIRE ttorney for airnti ff February 22, 2011 4 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 U.S. BANK., NATIONAL ASSOCIATION COURT OF COMMON PLEAS ND CUMBERLAND COUNTY vs. EDWARD A. WILK TAMMY J. WILK No.: 10-4505 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: EDWARD A. WILK. TAMMY J. WILK 29 APPALACHIAN DRIVE 46 TORY CIRCLE GRANTVILLE, PA 17028 ENOLA, PA 17025 Your house (real estate) at 641 BRISBAIN LANE, ENOLA PA 17025, is scheduled to be sold at Sheriffs Sale on JUNE 1, 2011 at 10:00 A.M., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $337,691.70, obtained by U.S. BANK, NATIONAL ASSOCIATION ND, 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 on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 piece, parcel or tract of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, known and designated as Lot #48 on the Final Subdivision for Westwood Hills Phase V, as recorded in Cumberland County in Plan Book 87, Page 9 in which it is more fully bounded and described as follows, to wit: BEGINNING at an iron pin in the southern line of a 50 foot right-of-way known as Brisbain Lane and of Lot #47 as it appears on the aforesaid Subdivision Plan; thence along Lot 47 South 28° 39' 52" West 231.54 feet to an iron pin; thence along lands now or formerly Village Homes/Westwood Glen, Inc., North 63° 2' 31" West, 8.91 feet to an iron pin; thence along aforesaid owner North 13" 19' 52" West 53.90 feet to an iron pin; thence along aforesaid owner 89° 43' 27" West 17.35 feet to an iron pin; thence along the aforesaid owner North 74° 24' 35" West, 14.86 feet to an iron pin at the conger of Lot 49; thence along Lot 49 North 24° 43' 44" East, 211.66 feet to an iron pin in the southern line of a 50 foot right-of-way known as Brisbain Lane; thence along the aforesaid right-of- way on a curve to the right having a radius of 175.00 feet, an arc length of 49.71 feet, South 57° 8' 1" East, a chord of 49.54 feet to a monument; thence along the aforesaid right-of-way on a curve to the left having a radius of 175.00 feet an arc length of 40.04 feet, South 55° 33' 5" East, a chord of 39.96 feet to an iron pin, the place of beginning. BEING known as 641 BRISBAIN LANE, ENOLA, PA 17025 BEING THE SAME PREMISES which Village Homes at Westwood Glen, Inc., a Pennsylvania corporation, by Deed dated June 30, 2004 and recorded July 12, 2004 in the Office of the Recorder of Deeds of York County in Deed Book 264, Page 447 granted and conveyed unto Edward A. Wilk and Tammy J. Wilk, husband and wife. PARCEL No. 09-12-2992-277 WRIT OF EXECUTION and/or ATTACHMENT COMMQNWE.ALTH OF PENNSYLVANIA) NO10-4505 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION ND Plaintiff (s) From EDWARD A. WILK and TAMMY J. WILK (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 Qarnishee and is enjoined as above stated. Amount Due S337,691.70 L.L..50 Interest From 01/11/11 to Date of Sale at 555.51 per diem Atty's Comm 0//0 Due Prothy 52.00 Atty Paid 5243.50 Other Costs Plaintiff Paid Date: 2/25/11 David D. Buell, : rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD Ise FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 TRUE COPS! FROM RECORD M Testimony whereof, I here unto set my hand and the seal of said Couri at Carlisle, Pa. This -2Z?-;- day of 20 .l! Prothonotary ?` On N/larcli 3. Z'(-) I the ?tler? 1 ievvied upon the defendant's interest in the real property situated in East Pennsboro ?l'ownship, Cumberland County. PA, Known and numbered as, 641 Hrisbain Lane, Enola, more fully described on Exhibit A" tiled with this writ and by this reference incorporated herein. Date: March 3. 01 By Peat Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-4505 Civil US Bank National Association vs. Edward A. Wilk Tammy J. Wilk Atty.: Gregory Javardian ALL THAT CERTAIN piece, par- cel or tract of land situated in East Pennsboro Township, Cumberland County, Pennsylvania, known and designated as Lot #48 on the Final Subdivision for Westwood Hills Phase V, as recorded in Cumberland County in Plan Book 87, Page 9 in which it is more fully bounded and described as follows, to wit: BEGINNING at an iron pin in the southern line of a 50 foot right-of-way known as Brisbain Lane and of Lot #47 as it appears on the aforesaid Subdivision Plan; thence along Lot 47 South 28° 39' 52" West 231.54 feet to an iron pin; thence along lands now or formerly Village Homes/ Westwood Glen, Inc., North 63° 2'3 1 " West, 8.91 feet to an iron pin; thence along aforesaid owner North 13° 19' 52" West 53.90 feet to an iron pin; thence along aforesaid owner 89° 43' 27" West 17.35 feet to an iron pin; thence along the aforesaid owner North 74° 24'35" West, 14.86 feet to an iron pin at the corner of Lot 49; thence along Lot 49 North 24° 43'44" East, 211.66 feet to an iron pin in the southern line of a 50 foot right-of- way known as Brisbain Lane; thence along the aforesaid right-of-way on a curve to the right having a radius of 175.00 feet, an arc length of 49.71 feet, South 57° 8' 1" East, a chord of 49.54 feet to a monument; thence along the aforesaid right-of-way on a curve to the left having a radius of 175.00 feet an arc length of 40.04 feet, South 55° 33' 5" East, a chord of 39.96 feet to an iron pin, the place of beginning. BEING known as 641 BRISBAIN LANE, ENOLA, PA 17025. BEING THE SAME PREMISES which Village Homes at Westwood Glen, Inc., a Pennsylvania corpora- tion, by Deed dated June 30, 2004 and recorded July 12, 2004 in the Of- fice of the Recorder of Deeds of York County in Deed Book 264, Page 447 granted and conveyed unto Edward A. Wilk and Tammy J. Wilk, husband and wife. PARCEL No. 09-12-2992-277. 91 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: April 22, April 29, and May 6, 2011 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. L Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this a of Ma 2011 Notary , NOTARIAL f EAL DEBORAH A COLLINS Notary PUblic CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 T'ie - atri o .-News Co. 21)20 '1ec;hno?ogy Pkwy Suite :3x00 Me?':hanicsbury, PA 17050 Inquiries - 7,17-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ZhePatriot News Now 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 existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/22/11 04/29/11 05/06/11 ?. j Sworn to and s} bscribed before me this 23 day of May, 2011 A.D. Notary Public COMMONWEALTH OF PENNSYLVANU{ Notariad Seal Sherrie L. KWW, Notary pub,, Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 M'mb" PFnnsylvania Association r,.f Notaries us 201041450 001 Tom Vs Edward A. WNk Tammy J. WVk Mr. Gregory Javardlan ALL THAT CERTAIN piece, parcel or tract of land situated in East Pennsbom Township, Cumberland County, Pennsylvania, known and designated as Lot #48 on the Final Subdivision for Westwood Hills Phase V, as recorded in Cumberland County in Plan Book 87, Page 9 in which it is more fully bounded and described as follows, to wit: BEGINNING a: an iron pin in the southern line of a 50 foot right-of-way known as Brisbain Lane and of Lot #47 as it appears on the aforesaid Subdivision Plan; thence along Lot 47 South 289 39'52" West 231.54 feet to an iron pin; thence along lands now or formerly Village Homes/Westwood Glen, Inc., North 639 2' 31" West, 8.91 feet to an iron pin; thence along aforesaid owner North 13919' 52" West 53.90 feet to an iron pin; thence along aforesaid owner 899 43' 27" West 17.35 feet to an iron pin; thence along the aforesaid owner North 749 24' 35" West, 14.86' feet to an iron pin at the comer of Lot 49, thence along Lot 49 North 249 43' 44" East, 211.66 feet to an iron pin in the southern line of a 50 foot right-of-way known as Brisbain Lane; thence along the aforesaid right-of-way on a curve to the right having a radius of 175.00 feet, an arc length of 49.71 feet, South 579 8' 1" East, a chord of 49.54 feet to a monument; thence along the aforesaid right-of-way on a curve to the left having a radius of 175.00 feet an arc length of 40.04 feet, South 559 33' S" East, a chord of 39.96 feet to an iron pin, the place of beginning. BEING known as 641 BRISBAIN LANE, ENOLA, PA 17025 BEING THE SAYE PRENIISES which Village Homes at Westwood Glen, Inc., a Pennsylvania corporation, by Deed dated June 30, 2004 and recorded July 12, 2004 in the Office of the Recorder of Deeds of York County in Deed Book 264, Page 447 granted and conveyed unto Edward A. Wilk and Tammy J. Wilk, husband and wife. PARCEL No. 09-12.2992-277 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which U.S. Bank National Association is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 25 day of February, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 4505, at the suit of U.S. Bank National Association against Edward A. Wilk and Tammy J. Wilk is duly recorded as Instrument Number 201119113. IN TESTIMONY WHEREOF, I have hereunto set my hand and eat of said office this VI ---day of corder of Deeds Deeds, Cumberland County, Carlisle, PA My My on Expires the First Monday of Jan. 2014