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HomeMy WebLinkAbout10-6681 LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 -FiLEC-CFFICE Crt T,°' F -tOTHCHCTARY CCLIN"TY ATTORNEY FOR PLAINTIFF U.S. BANK NA ND COURT OF COMMON PLEAS 205 W. 4TH STREET, SUITE 500, CN-TX 05-Fl CIVIL DIVISION CINCINNATI, OH 45202 PLAINTIFF VS. JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 DEFENDANT CUMBERLAND COUNTY NO. 10 - (01081 alvIlTew 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 Q (+? '1980 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF U.S. BANK NA ND 205 W. 4TH STREET, SUITE 500, CN-TX 05-FI CINCINNATI, OH 45202 PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY JEAN F. MILLER NO. 525 HARDING STREET COMPLAINT IN NEW CUMBERLAND, PA 17070 DEFENDANT MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. U.S. Bank NA 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. Jean F. Miller (hereinafter referred to as "Defendant") is an adult individual residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between the Defendant and itself as Mortgagee by Assignment. The Mortgage, dated March 17, 2006, was recorded on March 22, 2006 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1944, Page 907. Plaintiff is the Mortgagee by Assignment by virtue of an Assignment of Mortgage recorded on July 15, 2010 in the Office of the Recorder of Deeds in Cumberland County at Instrument Number 201019054. A copy of the Mortgage and Assignment of Mortgage are attached and made a part hereof as Exhibits `A' and `B', respectively. 4. The Mortgage secures the indebtedness of a Note executed by the Defendant on March 17, 2006 in the original principal amount of $124,720.00 payable to Plaintiff in monthly installments with an interest rate of 7.50%. A copy of the Note is attached and made a part hereof as Exhibit `C'. 5. The land subject to the mortgage is 525 Harding Street, New Cumberland, PA 17070. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendant is the Record Owner of the mortgaged property located at 525 Harding Street, New Cumberland, PA 17070. 7. The Mortgage is now in default due to the failure of the Defendant to make payments as they became due and owing. As a result of the default, the following amounts are due: Principal Balance $119,841.19 Interest to 10/14/2010 $9,308.24 Accumulated Late Charges $479.60 Property Inspections $95.00 Advances/Escrow $2,215.91 Cost of Suit and Title Search $550.00 Attorney's Fees TOTAL $1,300.00 $133,789.94 plus interest from 10/15/2010 at $24.62 per day, costs of suit and attorney's fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose ("Act 6 Notice") 41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency Mortgage Assistance were required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendant by regular and certified mail on June 1, 2010. A copy of the Notice is attached and made a part hereof as Exhibit `D'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendant, in the sum of $133,789.94 together with the interest from 10/15/2010 at $24.62 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian BY: Gdo , J a r jan rney ID o 55669 Attorney fo aintiff EXHIBIT `A' 00000 Prepared By: Wilmington Finance, Inc. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 Return To : Wilmington Finance, Inc. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 Parcel Number: 26 23 0543 081 ,.,:111 7.1:: .. -JE i.ER 17 r. OR ME R V- I - r`1 F. '01 S t;i;!'.9EPLA?k'D 001.:1., -F% LIDO MH 22 Pfd 3 15 Premises: 525 11ARDING STREET NEW CUMBERLAND, PA 17070 ?? [Space Above This Line For Recording Data] MORTGAGE Loan Number: MIN 100372406032303015 DEFINITIONS Words used in multiple sections of this document are d below and other words are deemed in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document arc also provided in Section 16. (A) "Security Instrument" means this document, which is dated March 17, 2006 , together with all Riders to this document. (B) "Borrower" is JEAN F. MILLER,SINGLE PERSON Burrower is the mortgagor under this Security Instrument. (C) "ME ks" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee or Lender and Lender's successors and assigns. M ERS is the mortgagee under this Security Instrument. MFRS is =anized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint Ml 48501-2026, tel. (888) 679-MFRS. Single FamBy - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS Form 3034 1101 -tiA(P )(c508) Page 1 of 18 IngyIs ?E- V PMorngag*5Wtlhcrs.iic (8004,521, -a I)1)S-GPA BK 1944PGO907 (D) "Lender" is Wilmington Finance, Inc. Lender is a Corporation organized and existing under the laws of Delaware Lender's address is 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 (E) "Note" means the promissory note signed by Borrower and dated March 17, 2006 The Note states that Borrower owes Lender One Hundred Twenty-Four Thousand Seven Hundred'Twcnty and 001100 Dollars (U.S. S 124,720.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not laterthan April i, 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: ? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? 1-4 Family Rider ? VA Rider ? Biweekly Payment Rider ? Other(s) f specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effort of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic type 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. (1.) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction; of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu ofcondemr?ation; or (iv) misrepresentations of, or omissions as to, the value and/orcondition of the Property. (`) "Mort age Insurance" means insurance protecting Lenderagainst the nonpayment of, or default on, the Loan. (O) "Perio is Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any am unts under Section 3 of this Security Instrument. i"ibi f r CVA(P W S08) P'00I0f 18 Form 3439 11D1 DDS-6PA un 944PG0908 11K I (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et scq.) and its implementing regulation; Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that parry has assumed Borrower's obligations under the Mote and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County (Type of RecordingJunsdtetionl of CUMBERLAND INarrncof ccordtngJurisdictionI: LEGAL DESCRIPTION A'I'I'ACHED HERETO AND MADE A PART IIEREOF. which currently has the address of 525 HARDING STREET IStreetl NEW CUMBERLAND ICityl. Pennsylvania 17070 Izipcodel ("Property Address"): TOGFI'HER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understand$ and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, ?ut, if necessary to comply with law orcustom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Prope ; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. IntIW. J ? 1r , ??AIPA (0500) P'g'3Oti° Form 3039 1 101 DDS-6PA BKI944PG0909 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. TI [IS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lendercovenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Burrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be trade in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds'Transfcr. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Leader in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled duc date, then Lcndcr need not pay interest on unapplicd funds. Lender may hold such unapplicd funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Mote immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing; the covenants and agreements secured by this Security Instrument. 2. Apolication 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 w*h it became due. Any remaining amounts shall be applied first to late ehargc-.N, 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 include a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of' the Periodic Payments if, and to the extent that, each payment can be paid in full. 8A(PA tosaa? DDS-6PA ImU.1'S' ti 1 PsgeAollS •?i?? Fortn3039 1101 9KI944PG0910 To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) Icaschold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items arc called "Escrow Itcros." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrowers obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrowers obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then.be_obligated under Section 9 to repay to.l.cndcr any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lendet may, at any time, collect and hold Funds in an amount (a) sufficient to permit tender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including, Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. 42VA(P 1 tosoar DOS-61'A i InNab Page 3o116 FOrrn3O39 ?IIl1 8K ! 944PGO9 I I If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RE SPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall noti fy Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RFiSPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4, Charges; Liens. Borrower shall pay all taxes, assessments, charge, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, i f any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, bender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set firth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any feces imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 4Q -6A(P?I easoa> MAIM i rtak`.]t"1Y t °°°°6a16 `• ? . Form 3039 1101 Bit i 944PG091 2 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. "Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrowee, equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. "These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to I.cndce.; right to disapprove such policies, shall include a standard mortgage clause, and shall name Lewder as mortgagec and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lcnderas mortgagee and/or as an additional loss payee. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to BOrrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, [.ender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's' rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. i 40 8A(PA? t°sa°j DDS-6PA inmais =i_ Paps I d t B Form 3039 1101 BK 1944PG091 3- 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which arc beyond Borrowees control. 9. Preservation, Maintenance and Protection of the Property; Inspections. Borrowershall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly rerrair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds t'or 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 rel ieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with'rnaterial information) in connection with the loan. Material representations include, but arc not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. lf(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a i proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. I, dft b d3A(PA? (o5w DDS-6PA I. i -1r PagsE of 16 Form 3039 1101 BK 1944PG09 14 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fec title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. It; for any reason, the Mortgage Insurance coverage required by Lender ceases to be available fmm the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments qs a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Neste) 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. 'T'hese agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. "[hose agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any rcinsurcr, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's rink in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsuranceh" Further: (a) An such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage insurance, and they will not entitle Borrower to any refund. enmais m ®-6A(PA? (05001 Paps 3 of t8 Form 3039 1101 DOS OPA I un ! 944I,G09 15 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. 't'hese rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the timeof such cancellation or termination. 11. 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 Lenders security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellancous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, that Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are thicn due. If the property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 34 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 Miscellancous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lenders judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. M441s f?4A(Pl l mwa) Payo :am 16 Form 3039 1101 DDS•6PA BK 1944P6091 6 Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other malcrial impairment of l.cnder's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that arc attributable to the impairment of Lcndet's interest in the Property are hereby assigned and shall be paid to Lender- All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any fbrbeardnce 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-signet's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrowees obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. Thc covenants and agreements of this Security Instrument shall hind (except as provided in Section N)) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence ofexpress authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest orother loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to Onake this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. I In.7ab Q?AIPA) 105-) Page 't of ie Form 3039 1101 DDS-GPA 9K 1944PGO9 17 15. Notices. All notices given by Borrower or lender in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means, No(ice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If lender specifics a procedure tor reporting Borrower's change of address, then Rorrower xhal I only report a change of address through that specified pjroccdure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall he given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Leader has designated another address by notice to Borrower. Any notice in connection with this Security Instrumcntlshall 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 Securi ty Instrument. 16. Governing Law; Severability; Rules of Construction. T his Security Instrument shall be governed by federal law and the law ofthe jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition, against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (e) 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. IS. Transfer of the Property or a Renefreial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in-the Property, including, but not limited to, those beneficial interests transferred in a bond for decd, contract for decd, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural pcnon and a beneficial interest in Borrower is sold or transferred) without Lendces prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. I lowever, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. 'ncc notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. if Borrower tails to pay these sums prior to the expiration of this period, Lcnderrnay'imoke any remedies permitted by this Security Instrument without furthernotice or demand on Borrower. 14. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of.. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security instrument. mae? -tiA(PA tosoei °a9"7a'e Form 3039 1101 DDS-611A SK i 944PG09 18 . Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including,-but not limited to, reasonable attorneys' fees, property it{rspection and valuation fees, and other fees incurred for the purpose of protecting Lender's intcmt in the Property and rights underthis Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Security Instrument, and Borrowers obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) Certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits arc insured by a federal agency, instrumentality or entity; or (d) Electronic Funds'rransfcr. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18, 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a hangc in the entity (known as the "Loan Scrvicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. Inhere is a change of the Loan Scrvicer, Borrower will be given written notice of the change which will state the name tend address of the new Loan Scrvicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Scrvicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Scrvicer or be transferred to a successor Loan Scrvicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such al lcgcd breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "fnvironmiental Cleanup" includes any response action, remedial action, or removal action, as defined in F.nvironmotal Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise Nigger an Environmental Cleanup. ~Wb? ???P Il? ° 13of 16 Fortn3039 7101 DDS-6PA SK 1944PG09 19 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone clsc to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or(c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any goj cmmental 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 l lazardous Substance which adversely affects the value of the. Property. If Borrower (cams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on LenderfPoran linvironmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender furthcrcovcnant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section IS unless Applicable Law provides otherwise). !Lender shall notify Borrower of, among other things: (a) the default; (4) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate 0:fter acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further.demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys" fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment ofall sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law . 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit ofany present or future laws providing for stay of execution, extension oftimc, exemption from attachment, levy and sale, and homestead exemption. 15. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is.lent to Borrower to acquire titla to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. i I :,-halt -GA(P }(osoa) rbgnaof,6 ?s ? 40m Form 3039 1101 UDS-6)'A BK ! 944 PGO920 f BY SIGNING BELOW, Borrower accepts and agrees to the tcrms and covenants contained in this Security Instrument and in any Rider executed by Borrower and rccordcd with it. Witnesses: (Scat) v _AN F. MILLER -Borrower (Seal) . Borrower _ (Seal) (Seal) - Ronower -Borrower (Seal) - Borrower I -6A(P ) 105081 DDS.611A 8K 1 944PGO92 I Pop 15 of is _ (Seal) -Borrower _ (Scat) (Seal) - Borrower -Borrower Form 3039 1101 COMMONWEALTH OF PENNSVI.VANIA, On this, the f 17 q+1 day of under;ignCd officer, personally appeared ad UCo County ss: before me, the r. known to me (or satisfaprovcn) to be the person(s) whose name( i. re subscribed to the within instrument and acknowledged that h ha/t cy executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official scat. My Commission Expires: COMWWRAIH OF PENNSYLVANIA NOTARIAL SEAL DANIEL M. HARTMAN. Notary Public lzhw , _AjyL New Cumbbe?rrland 8oro., Cumberland Co. T ticar0rflcer My Commission Expires Jan. 21, 2009 Certificate of Residence 1, u / V • do hereby certify that the correct address of the within-named Mortgagee is P.U. Box 2026, Flint, M148501-2026. Witness my hand this / 71'?- I -6A(P4) (owe) DDS.6PA day of IIAVZ-1 ' v ?6 Agent ofMortgagee Inrbp;S PBae76of+e Form3039 1101 BKI944PGO922 LEGAL DESCRIPTION l3- 1 sZrtc.:+er of Deeds All THAT CERTAIN lot or An of land situate In the brp* of New Cumbcdeed, Cwtp of Cat6arland and State of Pennt*anla, botntded and described as follow. BUMMIG at a Point oa the North m One of Herding Street; :8111 point bet one Hur*W MY. five 11551 feet In an Easterly direction from Maple Street; thsnce In a Northe ty diraction along a Iltte pardlel with Ala* $tim fine Hundred Thirty (130) feet to a Twrenty (201 foot alhry: thonr:e in a WesWy 0ectbn alagl tb8 Southem fine of said Twenty 130) foot aitelt, " 1501 feet to a point; thOlm in a Southerh direction done a fine pareld with Mapla Street, One Hwtdred Thirty (130) hot to Hu tl Street; tbence In an Easterly directioe along the Northern line of Martine Street Arty (50) feet to the Place of BEGINNING. BEING At Western Forty-fnre 145) feet of tot No. 114, Section Z and dd Eastem Fhm IM feK of lot No. 1115. Section 2. of a Fla of LoU known as Cwnberfand Mmw, saW Plan being m orded in the Record's Office at Caesle, PA, in Phan Book 2, page 73. BEING THE SAME PREMISES WHICH Frances E. Fales, widow, by her Attorney-in-Fact Deborah E. Pajak, by her Deed dated January 12, 2009, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on January 13, 2004, in Deed Book 2161, Page 1297, granted and conveyed unto Kristin L. Drum, single woman. ALSO BEING THE SAME ISES ICH Kristin L. Drum, single woman, by her Deed dated , 2006, and about to be recorded in the Off ce of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Jean Miller Mortgagor herein. BK 1944PG0923 EXHIBIT `B' Prepared By: Law Offices of Gregory Javardian 1310 Industrial Blvd., Ste. 101 Op2?3V Southampton, PA 18966 Return to: Law Office' of Gregory Javardian 1310 Industrial Blvd., Ste. 101 Southampton, PA 18966 CPN (UPI) 26-23-0543-081 ASSIGNMENT OF MORTGAGE FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, the undersigned: hereby sells, transfers, assigns, coveys and sets over to: U.S. BAND NA ND its successors, representatives and assigns, all its rights, title and interest in that certain Mortgage executed by Jean F. Miller dated March 17, 2006 and recorded March 22, 2006 in book 1944 page 907 in the Office of Recorder of Deeds of Cumberland County, Pennsylvania. Property: 525 Harding Street, New Cumberland, PA 17070 Mortgage Amount: $124,720.00 TOGETHER WITH THE REAL PROPERTY therein described and the indebtedness thereby secured, having this date sold to the therein named assignee, the Note or Notes secured by said Mortgage. LEGAL DESCRIPTION i'A r Of Deeds ALL THAI CERTAIN lot or pie;e of land *u% In the Barouslr of New Cw&,,dand, Eoaty of trntsb dmhd and State of Penns*anfa, bounded ad di Scribed a3 follaw. . B?BIAlIiSf?6 at a point an the Northern One of Herding Stress; said point being One Hundred rrfty- five V 1551 feet In an Easterly &radon from Maple Street; thence In a Northam dimctioe along e line perm with Maps Strom Qne Hundred Thirty V 301 test to a Tarty (20) foot alley; thence in a Westy* direction Wong tttie Souttrem tine of said Twenty (20) foot aileyr,"150) feet to a Point; thOm in a Sartherlr direction along a fine p'araQPl with Maple Street One Hundred Thirty 1130) feet to Harding St ass thi mee In an Easterly direction DIM the Norttrern line of Harding Street #1i (50) feet to the Piece of BEGINNIN(j. BEING the Wagam Forty-free (46) feet of tot No. 114, Section 2, acrd the Eastem FIVe M feet of Lot No. 116. Section 2, of a Fla of Lou known as Sumberfand Mwor, Said Plan being reeordad in the RecordW3 Office at Carfisle, PA, In Plan Book 2, page 73. BEING THE SAME PREMISES WHICH Frances E. Fales, widow, by her Attorney-in-Fact Deborah E. Pajak, by her Deed dated January 12, 2004, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on January 13, 2004, in Deed Book 261, Page 1297, granted and conveyed unto Kristin L. Drum, single woman. ALSO B ING THE SAME ICH Kristin L. Drum, single woman, by her Deed dated , 2006, and about to be recorde in the Off ce ?ofS?the Recorder of Deeds in and for Cumberlland County, Pennsylvania, granted and conveyed unto Jean Miller,IMortgagor herein- I BK 1944PGO923 TO EXERCISE the said rights, powers and privileges set forth therein in as full as a manner as the undersigned is authorized to exercise the same. IN WITNESS WHEREOF, the undersigned has caused this instrument to be signed in its behalf by its duly aut4orized officers and caused its Corporate seal to be affixed this day of r.%c , 2010. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MFRS), AS NOMINEE FOR WILMINGTON FINANCE, INC. Name:- Title: STATE OF COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared ?? known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), AS NOMINEE FOR WILMINGTON FINANCE, INC., a Co oration and that he executed the same as the act of such corporation for the purposes and consideration there in expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the DNL , 2010. My Commission Expires: I hereby certify that the address of the assignee is: 205 W. 4' Street Suite 500 Cincinatti, H 45202 d '!? day of ROBERT HAMBERG Notary NbUr., State 01 ONO MY CommissM Ea INS Mar& 24, 2015 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201019054 Recorded On 7/15/2010 At 11:07:59 AM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 69159 User ID - MSW * Mortgagor - MILLER, JEAN F * Mortgagee - U S BANK N A * Customer - GREGORY JAVARDL4dN * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA ?? c¢ CU O RECORDER,OF 2D ?7so * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. iuuiaiufliidugiu EXHIBIT `U M ? a, it ` SEE TREPAYMENT RIDER TO NOTE' ATTACHED HERETO AND MADE A PART HEREOF. Loan Number:: MIN: 100372406032303015 NOTE March 17, 2006 NEW CUMBERLAND Pennsylvania [Date] [city] [statel 525 HARDING STREET NEW CUMBERLAND, PA 17070 [Prop-yAddr-l 1. BORROWER'S PROMISE TO PAY In return for a loanthat I have received, I promise to pay U.S. $ 124,720.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is Wilmington Finance, Inc. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled toreceivepayments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7.500%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the l at day of each month beginning on May 1, 2006 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on April 1, 2036 ,1 still owe amounts under this Note, Iwill pay those amounts in fill on that date, which is called the "Maturity Date." I will make my monthly payments at PO Box 209 Plymouth Meeting, PA 19462 or at a different place ifrequired by the Note Holder. (B) Amount ofMonthly Payments My monthly payment will be in the amount of U.S. $ 872.06 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthlypsyments due underthe Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FIXED RATE NOTE-Single Family-Fannie MaelFredttle Mae UNIFORM INSTRUMENT at-SNP207i Form 32001/01 VMPM0RrGAGEr0RM3-(800)521-7291 P"p 1 d3 Wtl94: DDS-CN3 40 40 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refimd by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount ofthe charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice ofDefault If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount ofPrincipal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if l am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attomeye fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be. given to me tinder this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice ofthat different address. S. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, eachpersoa is frilly and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Nate against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form o= -SH lv?w) P6982013 DDS?.Tt3 ' 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder frorn possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any pan ofthe property or any Interest in the property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercisedby Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. W]TNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. / /- 0, //w - (Seal) F. MILLER -Borrower _ (Seal) -Borrower _ (Seal} -Borrower (Seat) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Harrower (Seal) -Borrower [sign OriginaIOnly J 4k-5N 10207) Pag.W3 Form 32001/01 DDS-CN3 ' 4 PREPAYMENT RIDER TO NOTE Loan No.: ? TheNotedated March 17, 2006 between Wilmington Finance, Inc. JEAN F. MILLER is hereby amended as follows: (Borrower or l) I. Additional Covenants. Notwithstanding anything to the contrary set forth in the Note or Security Instrument, Borrower and Lender covenant, and agree, that the provisions of the section of the Note entitled "BORROWER'S RIGHT TO PREPAY" or "BORROWER'S PAYMENTS BEFORE THEY ARE DUE" are amended to read as follows: Subject to the Prepayment Penalty provided below, I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." A "Full Prepayment" is the prepayment of the entire unpaid Principal due under the Note. A payment of only part of the unpaid Principal is known as a "Partial Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I on doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. If, within the 36 month period beginning with the date I execute the Note (the "Penalty Period "), I make a Full Prepayment, or Partial Prepayment in any twelve (12)-month period that exceeds 10% of the original Principal loan amount, I will pay a Prepayment charge as consideration of the Note Holder's acceptance of such Prepayment. The Prepayment charge will equal 5.000% of the then Principal balance ofthe Note. No Prepayment charge will be assessed for any Prepayment occurring after the Penalty Period. The Rider will remain in full force and effect unless the Note is transferred by Lender and the Borrower is notified in writing by the new Note Holder that such Note Holder, at its sole option, has declared the Rider null and void. If the Rider is declared null and void, the original Note terms shall remain in full force and effect. (' r 1 (Seal) (Seal) -Borrower -Borrower F. MILLER _ (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower _ (Seal) (Seal) -Borrower -Borrower DDS-BAF (Lender) and (03/03) EXHIBIT `D' (Rev. 9/2008) ACT 91 NOTICE CAKE ACTION TO SAVE t YOUR HOME FROM FORECLOSURE Date: June 1, 2010 JEAN F. MILLER . 525 HARDING STREET NEW CUMBERLAND, PA 17070 This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP„)may be able to help to save your Lome. 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. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR ENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION ??ENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCLA QPE S _ VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "I i WNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR s CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. This notice cuntaij is important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. 'HOMEOWNER'S NAME(S): JEAN F. MILLER PROPERTY ADDRESS: 525 HARDING STREET, NEW CUMBERLAND, PA 17070 LOAN ACCOUNT NUMBER: ORIGINAL LENDER: MERS, AS NOMINEE FOR WILMINGTON FINANCE, INC. 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 PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY S]CAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your! mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY- THREE 33 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencie$ 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 a encie$ 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 fiirancial 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 a encies have applications for the program and they will assist you in submitting a complete application to the P nnsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, our application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meetin with the counseling agency. TOU SHOULD FILE A HEMAPAPPLICATIONAS SOONAS POSSIBLE. IF YOUHAVEA MEETING WITHA COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE ANA1#PLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROMSTARTINGA FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE": PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSUREACTION, BUT IF YOUR APPLICATIONIS EVENTUALLYAPPROVED ATANY TIME BEFORE A' SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING, PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (HF YOU HAVE FIXED BANKRUPTCY YOU CAN STILL APPLY FOR EMERGENCY MORTGAGE ASSISTANCE.) HOVE TO CURE YOUR MORTGAGE DEFAULT (BRING IT UP TO DATE). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 525 HARDING STREET, NEW CUMBERLAND, PA 17070 is SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due from 11/1/09 through 6/1/10 in the amount of $1,077.42 per month: Monthly Payments Plus Late Charges Accrued: $8,924.56 BPO/Appraisal: $95.00 Advances/Escrow: $941.66 (Suspense) ($0.00) TOTAL AMOUNT TO CURE DEFAULT $9,961.22 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 $9,961.22, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH MAY BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order made payable and sent to: US Bank, N.A., 205 West Fourth Street, Cincinnati, OH 45202. Contact: Kelly Rothert You can cure any oer default by taking the following action within. THIRTY (30) DAYS of the date of this letter. (do not use i not applicable.) IF YOU DO NOT URE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, he lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstand' g balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged orfonertv. IF YOUR MORTGAGE IS FORECLOSED UPON - The Mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all the reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. fees. OTHER LENDE REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure costs Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs sale of the mortgag d property could be held would be approximately NINE (9) months from the date of this Notice. A notice of the actual date of the Sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER - UPS Bank, N.A. 215 West Fourth Street C' cinnati, 01145202 Tel.: (513) 639-6540 A?tention: Kelly Rothert EFFECT OF SHE FF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove y u and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION O MORTGAGE - You _ may or XX may not sell or transfer your home to a buyer or transferee who will sume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and osts are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. A ri 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 HE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCC D, 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 ASSER THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEED G OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE NDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Very truly yours, Gregory ,7avard-an LAW OFFICES OF GREGORY JAVARDIAN ATTORNEY FOR FENDER CC: PENNSYLVANIA HOUSING FINANCE AGENCY - VIA EMAIL - Act9l @phfa M 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)1WIAY 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 CIEUI-TOR WI'THr, N 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 REQI TESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. r 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 Ma-anatlaa 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 message from Federal Trade Commission 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 4 new mortgage. These so-called "foreclosure rescue companies" claim they can help have your home, but they're out to make a ck buck. Some may request hefty fees in al-Vance - 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 yo# applied for a loan modification and been turned down? Never pay for a "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 a HUD-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 v:'ww.hopenow.com. For free information on the President's plan to help homeowners, visit www.maldnghomeaffordable.gov. V ?„t Federal Trade Commission ` ` ftc.gov/MoneyMatters .?°, 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. A Call 1-8(-5 8?995E 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 industry members and HUD-certified counseling agencies. Or visit www, For free information on the President's plan to help homeowners, visit . rncea k inh0% m efforleeov ..a 77% HOP?NOW Support & Guidance For Homeowners R ]a WIN WSM MAKING HOME AFFORDABLE.cov A JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 SENDER: CW REFERENCEt MILLER V. US BANK 7160 3820 3530 0 PS Form 3800 January 2 5 0RETURN Postage RECEIPT Certified Fee SERVICE Return Receipt Fee Restricted Delivery Total Postage & Fees Receipt for Certified Mail No Insurance Coverage Pmo 00 Not Use tot husn"wonal Ali --------------------- ------- --- --------- 793 2070 ?' r ST R t3A 5?; ?U AN , ? ? ar ---------- --------------- -- -- -- .4 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 unworn falsification to authorities. - V? a4(2/)-- Name: Keith Hayes Title: Foreclosure Specialist SHERIFF'S OFFICE OF CUMBERLAND COUNTY" &` Ronny R Anderson QD Sheriff tr of cudt6rp? Jody S Smith ? hD Chief Deputy a?S T i} Richard W Stewart , ' Solicitor OM _E cf TAE S?ERIFF C7 US Bank NA vs. Jean F. Miller Case Number 2010-6681 SHERIFF'S RETURN OF SERVICE 11/12/2010 04:55 PM - Timothy Black, Deputy Sheriff, who being duly swom according to law, states that on November 12, 2010 at 1655 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Jean F. Miller, by making known unto Danielle Hake, Sister of defendant at 525 Harding Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.30 November 16, 2010 : - 006G- TIMM L-XCK, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (ai CountySUIte Shenff. Teleosott. Inc. 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, NA ND 205 W. 4TH STREET, SUITE 500, CN-TX 05-F1 CINCINNATI, OH 45202 vs. OF THE PROTHONOTARY x:42 CUMB J'TY COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-6681 JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JEAN F. MILLER, 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 $133,789.94 Interest 10/15/10 to 01/12/11 2,191.18 TOTAL $135,981.12 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. Gre Javardia , quire Id. No. 55669 71Mary F. Kenned squire id. No. 77149 James P. Kennedy, Esquire Id. No. 86614 :]Meghan K. Boyle, Esquire Id. No. 201661 Attorneys for Plaintiff Damages are hereby assessed as indicated. DATE: Hq ' 01b i l PRO PROTHY oe ?b a" 9.,a 3a9IV Notice U.S. BANK NA ND In The Court of Common Pleas Plaintiff V. JEAN F. MILLER Cumberland County No. 10-6681 Civil Term Defendants TO: JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: DECEMBER 28, 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 ] Gi ory var , Esquire 1310 Indust ' Boulevard I" Floor, Sul e 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en torte 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 flame por telpfono a la oficina, cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE 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, NA ND COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY JEAN F. MILLER No.: 10-6681 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), JEAN F. MILLER, is 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, JEAN F. MILLER, is over 18 years of age, and resides at 525 HARDING STREET, NEW CUMBERLAND, PA 17070. (c) Plaintiff, U.S. BANK, NA ND, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of' 05 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. Gre ory Javardia squire Id. No. 55669 Mary F. Kenned ,/Esquire Id. No. 77149 ?James P. Kennedy, Esquire Id. No. 86614 ? Meghan K. Boyle, Esquire Id. No. 201661 Attorneys for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-6681 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NA ND Plaintiff (s) From JEAN F. MILLER (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 $135,981.12 L. L..50 Interest From 01/12/11 to Date of Sale at $22.35 per diem Arty's Comm % Due Prothy $2.00 Atty Paid $175.80 Other Costs Plaintiff Paid Date: 2/25/11 (Seal) Davi D. Buell, Prothono By: Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD I"' FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U.S. BANK NA ND COURT OF COMMON PLEAS 205 W. 4TH STREET, SUITE 500 CN-TX 05-F1 CUMBERLAND COUNTY CINCINNATI, OH 45202 No.: 10-6681 CIVIL TERM vs. JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter. Amount Due Interest from 01/12/11 to Date of Sale @ $22.35 per diem $135,981.12 S Subtotal (Costs to be added) i D 0.4ti C1 ;L, 00 t? u ly.oo D, SOIL u 17S. ETA aL - r tv Ln C) C? rC v -v C n zo oc? C 37 Z 3? n Cn r 411-? 1 4-V-- GVA IAN, ESQUIRE orney for Plai' ff I.D. #55669 1310 Industrial Boulevard 1 st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 d( . so c.L Cl(4 I S7 to Powns ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Harding Street, said point being 155 feet in an Easterly direction from Maple Street; thence in a Northerly direction along a line parallel with Maple Street 130 feet to a 20-foot alley; thence in a Westerly direction along the Southern line of said 20- foot alley, 50 feet to a point; thence in a Southerly direction along a line parallel with Maple Street, 130 feet to Harding Street; in an Easterly direction along the Northern line of Harding Street 50 feet to the place of beginning. BEING the Western 45 feet of Lot No. 114, Section 2, and the Eastern 5 feet of Lot No. 115, Section 2, of a Plan of Lots known as Cumberland Manor, said Plan being recorded in the Recorder's Office at Carlisle, PA, in Plan Book 2, page 73. BEING known as 525 HARDING STREET, NEW CUMBERLAND, PA 17070 BEING THE SAME PREMISES which Kristin L. Drum, single woman, by Deed dated March 17, 2006 and recorded March 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 273, Page 3279, granted and conveyed unto Jean F. Miller, single person. PARCEL No. 26-23-0543-081 U.S. BANK NA ND COURT OF COMMON PLEAS 0 vs. CUMBERLAND COUNTY G ?.- -ta .X -n rn c=_ JEAN F. MILLER No.: 10-6681 CIVIL TERM Z70 W ?? AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ ecut}on-C) r, was filed the following information concerning the real property located at 525 HA C-n STREET NEW CUMBERLAND, PA 17070: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 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. Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for Wilmington Finance, Inc. P.O. BOX 2026 Flint, MI 48501-2026 Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for Wilmington Finance, Inc. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 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 525 HARDING STREET NEW CUMBERLAND, PA 17070 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 ORY JA AN, ESQUIRE orney for Plaint February 22, 2011 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 NA ND vs. JEAN F. MILLER OTNONOTAR" 2011 FEB 25 pM 1: 56 CU PEN YLVA COUNTY COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-6681 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 RY JAVA y N, ESQUIRE v for Plaintiff // LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 " ??? 1 FHB 25 P? 1 ? 55 c,uMBEANO COUNTY P U.S. BANK NA ND COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY JEAN F. MILLER No.: 10-6681 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 Your house (real estate) at 525 HARDING STREET, NEW CUMBERLAND, PA 17070, 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 $135,981.12, obtained by U.S. BANK NA 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 lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Harding Street, said point being 155 feet in an Easterly direction from Maple Street; thence in a Northerly direction along a line parallel with Maple Street 130 feet to a 20-foot alley; thence in a Westerly direction along the Southern line of said 20- foot alley, 50 feet to a point; thence in a Southerly direction along a line parallel with Maple Street, 130 feet to Harding Street; in an Easterly direction along the Northern line of Harding Street 50 feet to the place of beginning. BEING the Western 45 feet of Lot No. 114, Section 2, and the Eastern 5 feet of Lot No. 115, Section 2, of a Plan of Lots known as Cumberland Manor, said Plan being recorded in the Recorder's Office at Carlisle, PA, in Plan Book 2, page 73. BEING known as 525 HARDING STREET, NEW CUMBERLAND, PA 17070 BEING THE SAME PREMISES which Kristin L. Drum, single woman, by Deed dated March 17, 2006 and recorded March 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 273, Page 3279, granted and conveyed unto Jean F. Miller, single person. PARCEL No. 26-23-0543-081 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 NA ND vs. JEAN F. MILLER COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 10-6681 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 C') C C= MW = -=-4 -n M- ? N{ D . ?..1 p C3 r? <° s• x° C? =:? c? aM as 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 525 HARDING STREET NEW CUMBERLAND, PA 17070 JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for Wilmington Finance, Inc. P.O. Box 2026 Flint, MI 48501-2026 Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for Wilmington Finance, Inc. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 Dated: 317A G? 1 G ORY JAV IAN, ESQUIRE Attorney for Plai iff TOTENANTS OCCUPANTS 525 HARDING STREET NEW CUMBERLAND, PA 17070 SENDER: REFERENCE: MILLER, J. 7196 9008 9040 0121 8405 PS Forth 3800 2005 RETURN Postage RECEIPT Certified Fee SERVICE 0.44 Retum Receipt Fee Restri t d D c e ell" Total Postage & Fees „n r US Postal Service Px ATE Receipt for o Certified Mail 4c' No Insurance Coverage Provided U S Do Not Use Ior International Mail TO7EAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 SENDER: REFERENCE: MILLER, J. 7196 9008 9040 0121 8436 PS Form 3800 ,!anus 2005 RETURN Postage RECEIPT Certified Fee SERVICE Retum Receipt Fee Restricted Total Postage & Fees 7' i US Postal Service PO OR A Receipt for Certified Mail r No Insurance Coverage Provided O Do Not use for intemawnal Mail S m nl ?? R2 ?? o 0- IL ? z . U w fA a d Ln " - C3 - C ? W ? 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O p ?a z > CE m ? z U) u i ?- H C aRN a LL r? o ) C < D ti- E G ?U. z C-i L6 C6 06 ?m m `o Y C r a m a E V v N O r IL 0 0 N 0 m LL ti M _J L 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 JEAN F. MILLER U.S. BANK NA ND JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 10-6681 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 may 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, r 6regory Jav ian, Esquire Law Office f 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 r 1;- - ?N r Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor US Bank NA vs. Jean F. Miller E ? ? r PENNS Y±_1V,4,N!A Case Number 2010-6681 SHERIFF'S RETURN OF SERVICE 03/18/2011 04:48 PM - Deputy Michael Barrick, 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 525 Harding Street, New Cumberland, PA 17070, Cumberland County. 03/21/2011 06:11 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: Jean F. Miller at 525 Harding Street, New Cumberland Borough, New Cumberland, PA 17070, Cumberland County. 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 $ 104,000.00 to Family First Financial LLC, 3315 Market Street, Camp Hill, PA 17011, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $3,22712 SO ANSWERS, July 07, 2011 RON R ANDERSON, SHERIFF 00 /c.?? d' u SCHEDULE OF DISTRIBUTION Date Filed: June 23, 2011 Writ No. 2010-6681 Civil Term U.S. Bank NA ND -vs- .[can F. Miller 525 Harding Street New Cumberland, PA 17070 Sale Date: June 1, 2011 Buyer: Family First Financial LLC Bid Price: $ 104,000.00 Real Debt: S 135,981.12 Interest: 3,129.00 Attorney Writ Costs: 175.80 Total Due: $ 139,285.92 DISTRIBUTION: Receipts: Cash on Account (03/11/2011) Cash on Account (06/01/2011) Cash on Account (06/13/2011) $ 1,500.00 10,400.00 99,142.00 Total Receipts: $ 111,042.00 Disbursements: Sheriffs Costs Legal Search Transfer Tax (Local) Transfer Tax (State) Robin Gasperetti, New Cumberland Borough Tax Collector (2011 School Taxes) New Cumberland Borough (Sewer/Refuse) Attorney Gregory Javardian U.S. Bank NA ND Total Disbursements: Balance for distribution: So Answers: ?71 11 $ 2927.12 300.00 1,581.00 1,581.00 1,422.90 267.25 1,500.00 101,462.73 ($111,042.00) 00.00 Ronny R. Anderson Sheri ff r I SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale, Writ No. 2010-6681 Held June 1, 2011 EFFECTIVE DATE: June 1, 2011 PREMISES: 525 Harding Street, Borough of New Cumberland, Cumberland County, Pennsylvania, Tax Parcel No. 26-23-0543-081 (the "Premises") RECITAL: Being the same Premises which Kristin L. Drum, single woman, by her deed dated March 17, 2006 and recorded March 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 273, Page 3279, granted and conveyed unto Jean F. Miller, single person. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2011. 20. Subject to the rights in the Premises by any spouse, if any, of Jean F. Miller. -2- 21. Mortgage in the amount of $124,720.00 from Jean F. Miller to Wilmington Finance, Inc. dated March 17, 2006 and recorded March 22, 2006 in Mortgage Book 1944, Page 907, assigned July 15, 2010 to Instrument No. 201019054 to US Bank, NA. 22. Mortgage in the amount of $31,180.00 from Jean F. Miller to Wilmington Finance, Inc. dated March 17, 2006 and recorded March 23, 2006 in Mortgage Book 1944, Page 924. 23. Judgment against Jean F. Miller in the amount of $135,981.12 entered January 14, 2011 in favor of US Bank, NA ND to No. 2010-6681. 24. Subject to all building set-back lines, easements, restrictions, conditions, notes and all other matters appearing on the Plan of Cumberland Manor, Plan Book 2, Page 73. 25. Subject to the rights of others in and to any portion of the Premises lying within or adjoining Harding Street and an alley. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By Il Keith O. Brenneman -3- Writ No. 2010-6681 Civil US Bank NA ND vs. Jean F. Miller Atty.: Gregory Javardian ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Harding Street, said point being 155 feet in an Easterly direction from Maple Street; thence in a Northerly direction along a line parallel with Maple Street 130 feet to a 20-foot alley; thence in a Westerly direction along the Southern line of said 20-foot alley, 50 feet to a point; thence in a Southerly direction along a line parallel with Maple Street, 130 feet to Harding Street; in an Easterly direction along the Northern line of Harding Street 50 feet to the place of beginning. BEING the Western 45 feet of Lot No. 114, Section 2, and the Eastern 5 feet of Lot No. 115, Section 2, of a Plan of Lots known as Cumberland Manor, said Plan being recorded in the Recorder's Office at Carlisle, PA, in Plan Book 2, page 73. BEING known as 525 HARDING STREET, NEW CUMBERLAND, PA 17070. BEING THE SAME PREMISES which Kristin L. Drum, single wom- an, by Deed dated March 17, 2006 and recorded March 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 273, Page 3279, granted and conveyed unto Jean F. Miller, single person. PARCEL No. 26-23-0543-081. EXHIBIT A .I i .S BANK NA ND 'COURT OF COMMON PLEAS 'S. CUMBERLAND COUNTY EAN F. MILLER No.: 10-6681 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 ,vas filed the following information concerning the real property located at 525 HARDING `;TREET, NEW CUMBERLAND, PA 17070: Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 Name and address of Defendant(s) in the judgment: JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 . Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None. Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: I Jame F lainti ff. Mortgage Electronic Registration Systems, Inc. (MFRS) as Nominee for Wilmington Finance, Inc. Mortgage Electronic Registration Systems, Inc. (MERS) as Nominee for Wilmington Finance, Inc. Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. Box 2026 Flint, MI 48501-2026 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 1' 1 Name and address of every other person who has any record lien on the property Jame Last Known Address (if address cannot be reasonably ascertained, please indicate) done. Name and address of every other person who has any record interest in the property and whose Merest may be affected by the sale. Jame. Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau I A Department of Public Welfare I ureau 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 ii iterest in the property which may be affected by the sale: T ame Last Known Address (if address cannot be reasonably ascertained, please indicate) T enants/Occupants 525 HARDING STREET' NEW CUMBERLAND, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my k lowledge, information and belief. I understand that false statements herein are subject to the p nalties of I8 Pa. C.S.A. 4904 relating to unsworl falsification to authorities. G ORY JA 4AN, ESQUIRE attorney for PlaiF ?bruary 22, 2011 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON. PA 18966 i 15)942 -9690 L1.S. BANK NA ND COURT OF COMMON PLEAS '? s. CUMBERLAND COUNTY JEAN F. MILLER No.: 10-6681 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: JEAN F. MILLER 525 HARDING STREET NEW CUMBERLAND, PA 17070 Your house (real estate) at 525 HARDING STREET, NEW CUMBERLAND, PA 17070, 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 5135,981.12, obtained by U.S. BANK NA 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 paymei,ts, 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 attorriey.) 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 maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Gregory Javardian, Esquire at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Norther line of Harding Street, said point being 155 feet in an Easterly direction from Maple Street; thence in a Northerly direction along a line parallel with Maple Street 130 feet to a 20-foot alley; thence in a Westerly direction along the Southern line of said 20- foot alley, 50 feet to a point; thence in a Southerly direction along a line parallel with Maple Street, 130 feet to Harding Street; in an Easterly direction along the Norther line of Harding Street 50 feet to the place of beginning. BEING the Wester 45 feet of Lot No. 114, Section 2, and the Eastern 5 feet of Lot No. 115, Section 2, of a Plan of Lots known as Cumberland Manor, said Plan being recorded in the Recorder's Office at Carlisle, PA, in Plan Book 2, page 73. BEING known as 525 HARDING STREET, NEW CUMBERLAND, PA 17070 BEING THE SAME PREMISES which Kristin L. Drum, single woman, by Deed dated March 17, 2006 and recorded March 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 273, Page 3279, granted and conveyed unto Jean F. Miller, single person. PARCEL No. 26-23-0543-081 WRIT OF EXECUTION and/or ATTACHMENT ,COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO10-6681 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NA ND Plaintiff (s) From JEAN F. MILLER (l ) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGA1. 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 5135,981.12 L.L..50 Interest From 01/12/11 to Date of Sale at $22.35 per diem Atty's Comm % Due Prothy S2.00 Atty Paid $175.80 Plaintiff Paid Other Costs Date: 2/25/11 (Seal) Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: 1310 INDUSTRIAL BOULEVARD IST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 ? ?Y_'4j vid D. Buell, Prothonotary By: _ TRIjE COPY FROM RECORV and .,hand In Testimony whereof, l hers unto set my said Court at C°riisle, Pa and the se 20 -L--- do'l cif This 6kl?A Supreme Court ID No. 55669 (.)ii Marcie i the -5vterill evied upon tale defendant's interest in the real property situated in New Cumberland Borough, Cumberland County. PA, Known and numbered as. ?-25 Harding Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein, Date: :!larch )0l B beat Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2010-6681 Civil US Bank NA ND vs. Jean F. Miller Atty.: Gregory Javardian ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Harding Street, said point being 155 feet in an Easterly direction from Maple Street; thence in a Northerly direction along a line parallel with Maple Street 130 feet to a 20-foot alley; thence in a Westerly direction along the Southern line of said 20-foot alley, 50 feet to a point; thence in a Southerly direction along a line parallel with Maple Street, 130 feet to Harding Street; in an Easterly direction along the Northern line of Harding Street 50 feet to the place of beginning. BEING the Western 45 feet of Lot No. 114, Section 2, and the Eastern 5 feet of Lot No. 115, Section 2, of a Plan of Lots known as Cumberland Manor, said Plan being recorded in the Recorder's Office at Carlisle, PA, in Plan Book 2, page 73. BEING known as 525 HARDING STREET, NEW CUMBERLAND, PA 17070. BEING THE SAME PREMISES which Kristin L. Drum, single wom- an, by Deed dated March 17, 2006 and recorded March 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 273, Page 3279, granted and conveyed unto Jean F. Miller, single person. PARCEL No. 26-23-0543-081. 54 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. Lisa Marie Coyne, itor !il SWORN TO AND SUBSCRIBED before me this 6 day of Mav 2011 Notary r? - NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY 9, 2014 Inky Commission Expires Apr 2 The Patriot-News Co. 2020 Technology. Pkwy Suite 300: Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4fPatriot News Now you know 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 .......... Sworn to arid subscribed before me thi5,?3 day of May, 2011 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Klsner, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 MEmRr, Pennsylvania Assoda l.n 'Notaries 2010-6681 QvG Term US Bat* NA NO vs Jean F. Mller Atty, Gregory Javardlan ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland and G' lonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern line of Harding Street, said point being 155 feet in an Easterly direction from Maple Street; thence in a Northerly direction along a line parallel with Maple Street 130 feet to a 20-foot alley; thence in a Westerly direction along the Southern line of said 20-foot alley, 50 feet to a point; thence in a Southerly direction along a line parallel with Maple Street, 130 feet to Harding Street; in an Easterly direction along the Northern line of Harding Street 50 feet to the place of beginning. BEING the Western 45 feet of Lot No. 114, Section 2, and the Eastern 5 feet of Lot No. 115, Section 2, of a Plan of Lots known as Cumberland Manor, said Plan being recorded in the Recorder's Office at Carlisle, PA, in Plan Book 2, page 73. BEING known as 525 HARDING STREET, NEW CUMBERLAND, PA 17070 BEING THE SAME PREMISES which Kristin L. Drum, single woman, by Deed dated March 17, 2006 and recorded March 22, 2006 in the Office of the Recorder of Deeds in and for Cumberland Coufay in geed Book 273, Page 3279, granted aid conveyed unto Jean F. Muter, single per". PARCEL No. 26-23-054301 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Family First Financial LLC 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 6681, at the suit of U.S. Bank NA ND against Jean F. Miller is duly recorded as Instrument Number 201118973. IN TESTIMONY WHEREOF, I have hereunto set my hand and I of said office this day of A.D. a of Deeds morder i f Deeds, ambeftd Courdy, Cwft, PA ay Commission Expires fm Frei Monday of Jan. 2014