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Home My WebLink About11-0200 POWERS, KIRN & JAVARDIAN, LLC / Gregory Javardian, Esquire Id No. 55669 James P. Kennedy, Esquire Id No. 86614 Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (215) 942-2090 ~~~ E ~~: ~ ~ ~~~ ~ ~ ~ ~ ATTORNEYS FOR PLAINTIFF US BANK, NA 4801 FREDERICA STREET OWENSBORO, KY 42301 VS. PLAINTIFF JAMES R. NOBLE, A/K/A JAMES NOBLE MOLLIE NOBLE, A/K/A MOLLIE K. NOBLE 48 NORTH NINTH STREET LEMOYNE, PA 17043 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. !I- 0200 C~vi1T+E~~' COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 ~ Qa • ~ P Q Am ~~' 3(0!010 ~~ as3 y78 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. POWERS, KIRN & JAVARDIAN, LLC Gregory Javardian, Esquire Id No. 55669 James P. Kennedy, Esquire Id No. 86614 Mary F. Kennedy, Esquire Id No. 77149 Meghan K. Boyle, Esquire Id No. 201661 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 (215)942-2090 ATTORNEYS FOR PLAINTIFF US BANK, NA 4801 FREDERICA STREET OWENSBORO, KY 42301 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. JAMES R. NOBLE, A/K/A JAMES NOBLE MOLLIE NOBLE, A/K/A MOLLIE K. NOBLE 48 NORTH NINTH STREET LEMOYNE, PA 17043 DEFENDANTS NO. COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. US Bank, NA (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. James R. Noble, a/k/a James Noble and Mollie Noble, a/k/a Mollie K. Noble (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between the Defendants and itself as Mortgagee by Assignment. The Mortgage, dated June 28, 2004, was recorded on July 9, 2004 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1873, Page 350. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. Plaintiff is now the current holder of the mortgage, and in the process of formalizing an assignment of same. 4. The Mortgage secures the indebtedness of a Note executed by James R. Noble, a/k/a James Noble on June 28, 2004 in the original principal amount of $129,566.00 payable to Plaintiff in monthly installments with an interest rate beginning at 5.00%. A copy of the Note is attached and made a part hereof as Exhibit `B'. ' S. The land subject to the mortgage is 48 North Ninth Street, Lemoyne, PA 17043. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the Record Owners of the mortgaged property located at 48 North Ninth Street, Lemoyne, PA 17043. 7. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. As a result of the default, the following amounts are due: Principal Balance $121,220.14 Interest to 1/8/2011 $10,734.74 Accumulated Late Charges $402.12 Escrow Advance $3,884.24 Property Preservation/Inspections $320.00 Cost of Suit and Title Search $550.00 Attorney's Fees $1,300.00 TOTAL $13 8,411.24 plus interest from 1/9/2011 at $19.51 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 was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on December 8, 2010. A copy of the Notice is attached and made a part hereof as Exhibit `C'. 11. The Mortgage is a Federal Housing Administration ("FHA") insured. loan, and in accordance with 35 P.S. Section 1680.401c(a)(3)the notice provisions of 35 P.S. Section 1680.403c are not applicable and, therefore, Plaintiff was not required to send the Act 91 Notice of Homeowners' Emergency Mortgage Assistance. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff s favor and against the Defendants, in the sum of $138,411.24 together with the interest from 1/9/2011 at $19.51 per day, costs of suit and attorney's fees. POWERS, KIRN & JAVARDIAN, LLC BY: C'~Gre ory Javardia squire Id. No. 55669 ^James P. Kennedy, squire Id. No. 86614 ^ Mary F. Kennedy, Esquire Id. No. 77149 ^Meghan K. Boyle, Esquire Id. No. 201661 Attorneys for Plaintiff EXHIBIT `A' ~~~ N~ When Recorded Mail To: SECURITY ATLANTIC WHOLESALE LENDING GROUP 619 AMBOY AVENUE EDISON, NJ 08837 ATTN: CATHY VINSKO Prepared By: VEERAL BHARUCHA SECURITY ATLANTIC MORTGAGE CO. INC. 619 AMBOY AVENUE EDISON, NJ 08837 ~~ O~t~3 ~ ~ ~ Jy J .. , .; tf.~ r? / ,~, '~~~~QC l~I.~1 ~~ [Space Above This Line For Recording Data) MORTGAGE ~LO'~' ~' ~~ rasa #: ~: ^ This Mortgage {"Security Instrument") is given on JUNE 28, 2004 .The Mortgagor is JAMES NOBLE AND MOLLIE NOBLE, HUSHAIBD AND WIFE ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("HERS") (solely as nominee for Lender, as hereinaf3er defined, and Lender's successors and assigns), as beneficiary. HERS is organized and existing under the laws of Delaware, and has an address and telephone number of Post Office Box 202b, Flint, Michigan 48501-2026, telephone (888)679-HERS. SECURITY ATLANTIC MORTGAGE CO. INC. ("Lender"). is organized and existing under the laws of NEW JERSEY and has an address of 619 AMBOY AVENUE EDISON, NJ 08837 Borrower owes Lender the principal sum of ONE HUNDRED TWENTY-NINE THOUSAND FIVE HUNDRED SIXTY-SIX AND 00/100 FHA pENNSYLVANCA MORTGAGE o~ocw Ai~vrx iz/os/zoo3 page 1 of 9 ~~ 187 ~p~88~0 ~~ Dollars (U.S. $ 129, 566.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JULY 1, 2034 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and al! renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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 describedproperty located in CUMBERLAND County, Pennsylvania: PARCEL ID #21-0267-206 which has the address of 48 NORTH NINTH LEMOYNE [Street] [City] Pennsylvania 17043 ("Property Address"); [Zip Code] TOGETHER WITH the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender iucluding, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant agree as follows: 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any [ate chazges, a sum for {a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development {"Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i} a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instntment is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." FHA PENTVSYLVANIA MORTGAGE ~w Ai?vrx oa/i~/2ooa Page 2 of 9 B~{i 8?3~G~35 t .~i Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower`s account shall be credited with the balance remaining for all installment items (a}, (b}, and (c} and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under Paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Foarth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4, Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall be include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and diurected to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or(b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principa] residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or FNA PENNSXLVANIA MORTGAGE Pa e3o ~ ~ vac os/iv/aooe g ~~(~ 873g~J352 substantially change the Property or allow the Property to deteriorateonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in Paragraph 2. Bonrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations}, then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. 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; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; 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 may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Bonower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. {a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment requued by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Bonower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341{d) of the Garn-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and FHA PENNSYLVANIA MORTGAGE noCWa~4wrx os/i~/zooe Page4of9 ~~ ~ ~? 3Pf 0353 a~ with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option require immediate payment in full of ail sums secured by this Security Instrument A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower. shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that is secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to pen~nit reinstatement if: (i) Lender has accepted reinstatement after the conunencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrawer or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of Paragraph 9(b}. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. FHA PENNSYLVANIA MORTGAGE ~Pns vrX 03/19/2004 Page S of9 ~~! 873gG~354 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lendez:s address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. 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. To this end the provisions of this Security Instrument and the Note are declared to be severable. I5. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in the paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent bender from exercising its rights under this Paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may initiate foreclose by judicial proceedings and/or invoke any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph FHA PENNSYLVANIA MORTCAGG FA66VTX 03/17/2006 Page 6 of 9 ~~ ~ ~731~~0355 si 18, including, but not limited to, reasonable attorneys' fees and costs of title evidence to the extent permitted by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.} by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph I8 or applicable law 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall tenninate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waiver. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy of sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a Sheriffls sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. 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. 24. Riders to this Securlty Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were in a part of this Security Instrument. REFERENCE IS HEREBY MADE TO THE RIDER(S) ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES: [Check box as applicable] ^x Adjustable Rate Rider Balloon Rider ~ 1-4 Family Rider ^ Condominium Rider ~ Planned Unit Development Rider Other(s) [specify] Second Home Rider Biweekly Payment Rider FHA PENNSXLVANIA MORTGAGE o~PeAi~vax o3/ii/zoos Page 7 of 9 ~~1$73PG~356 BY SIGNING BELOW, Borrower accepts and agrees to the terms fined in pages 1 through 5 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. ~l. ~_ c~ 1~~~ - BORROWER JAMES NOBLE -DATE - ~~~ R . YY1~ ~~ _ _ A ( J FHA PENNSYLVANIA MORTGAGE ooc~vur~Pne vrx o9/i~/zoos Page 8 of 9 I~~ 1 g7 ~~4357 [Space Below This Line For AcknowledgmentJ~~ Commonwealth of Pennsylvania, County of CUi~ERLAND On this, the 28TH day of JUNE, 2004 , beforo me, the undersigned officer, personally appeared JAMES NOBLE MOLLIE NOBLE, HUSBAND AND WIFE ~`~R.~ known tome (or satisfactorily proven} to be the person(s) whose name ARE subscribed to the within instrument and acknowledged that THEY executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and offccial seal. ~ -.-_ My Commission Expires: _ NOTAaIAL SEAL ~~~ ~ - Naixy M. Fe~tenbauph, Notary Public (__,, Hiii Bono, Cumberland.loun<y ~m(ssion t.xpices Jan:10, 2006 Title of Officer CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within-named lender is 619 AMBOY AVENUE EDISON NJ 08837 Witness my hand this 28TH day of JUNE , 2004 Agent of Lender DALE wlRxvs AVP FHA PENNSYLVANIA MORTGAGE n~ocw~e s9vrx 03/17/2004 Page 9 of 9 ~~ @ ~7~~GE~3~8 Order No: HL105753CA Reference No: 04-0103 Schedule C Description and Recital ALL THOSE CERTAIN lots of ground SITUATE in the Borough of Lemoyne, formerly East Pennsboro Township, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING on the East by 9th Street, formerly Dapp Avenue; on the North by Lot No. 9, now or formerly of Martin A. Brinton; on the West by a fifteen foot alley; and on the South by Lot No. 6, now or formerly of J. Fred Hummel. CONTAINING 50 feet in front on 9th Street and extending back an even width I40 feet to the' said 15 foot alley, the place of beginning. BEING Lots Nos. 7 and 8 on Ptan of Lots of Dapp Tract, said Plan being recorded in the Recorder's Office in and for Cumberland County in Plan Book 1, page 15. HAVING thereon erected a single frame dwelling house, No. 48 North 9th Street, Lemoyne, Pennsylvania. Tax Map 21-0267, Parce1208 BEING the same premises which Eugene D. Spealman, II, with the joinder of his wife, Kathy L. SpeaIman by Deed dated 07/14/98 and recorded 07/16/98 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Renard Book 181 Page 587 granted and conveyed unto Jason A. Bennett and Brian Kennedy, both single persons, as Joint Tenants with the Right of Survivorship and not as Tenants in Common, in fee. ~~ i ~~ ~~~~~5~ FHA MULTISTATE ADJUSTABLE RATE RIDER FHA C NOBLS LOAN Y : tttttttttt~ MIN: THIS ADJUSTABLE RATE RIDER is made this 28TH day of ~7tTNE , 2004 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument"} of the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note")to SECURITY ATLANTIC MORTGAGE CO. INC. (the "Lender"} of the same date and covering the property described in the Security Instrument and located at: 46 NORTH NINTH STREET LEMOYNE, PA 17043 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWERS INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: 5. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Rate The interest rate may change on the first day of OCTOBER, 2005 ,and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change. (B) The Index Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the most recent Index figure available 30 days nocunrtoi Page 1 of3 FHA Multistate ARM R[der 03/04 nocxuu~ci.vr~c oe/iz/aooe IItl 1 E3 / ~ t ~1 ~ ~' C3 before the Change Date. If the Index (as defined above) is no longer available, Lender wi use as a new Index any index prescribed by the Secretary. As used in this Rider, "Secretary means the Secretary of Housing and Urban Development or his or her designee:' Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of TWO AND THREE-FOURTHS percentage point(s) ( 2.750 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Paragraph (D) of this Rider, this rounded amount will be the new interest rate until the next CHange Date. (D) Limits on Interest Rate Changes The existing interest rate will never increase or decrease by more than ONE percentage point(s) { 1.000 %) on any single Change Date. The interest rate will never be more than FIVE percentage points ( 5.000 %) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the maturity date at the new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new raonthly payment of principal and interest. (F) Notice of changes Lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice must be given at least 2S days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v} the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required by law from time to time. (G) Effective Date of Changes A new interest rate calculated in accordance with Paragraphs (C) and (D) of this Rider will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 2S days after Lender has given Borrower the notice of changes required by Paragraph (F) of this Rider. Borrower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph (E) of this Rider for any payment date occurring less than 2S days after Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragraph (E) of this Rider decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either (i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or (ii} oocuuccz Page 2 of 3 FHA Multtstate ARM Rtd°r 03104 oocvAa~ca.vlx oa/o~/soon LJtS ~ ~~~~E7U~~ a request that any excess payment, with interest thereon at the Note rate, be appIi=payment of principal. Lender's obligation to return any excess payment with interest on demand is not assignable even if the Note is ofherwise assigned before the demand for return is made. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. armod rXt-~ c.c. ~2 ~~t - BORROWER JAMB NOBLE -DATE - -~-l~o i~ - N~,o i ~ ,~o b jc - ~~~~ - )C;' I~UCGic:~~d a nocu~ncs Page 3 of 3 FHA Multtatate ARM Rider 03/04 nocv~.vrx oa/o~/zoos EXHIBIT `B' ADJUSTABLE RATE NOTE JUNE 28, 2004 CAMP HILL [Date] [City] 48 NORTH NINTH STREET LEMOYNE, PA 17043 [Property Address] PENNSYLVANIA [State) 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means SECURITY ATLANTIC MORTGAGE CO. INC. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED TWENTY-NINE THOUSAND FIVE HUNDRED SIXTY-SIX AND 00/100 Dollars (LJ.S. $ 129 , 566.00 ), plus interest, to the order of Linder. Interest will be charged on unpaid principal, from the date of disbuxsement of the loan proceeds by Lender, at a rate of FIVE percent ( 5.000 %) per year until the full amount of principal has been paid. The interest rate may change in accordance with Paragraph 5(C) of this Note. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on AUGUST 1, 2004 .Any principal and interest remaining on the first day of JULY 1, 2034 , will be due on that date, which is called the maturity date. (B) Place Payment shall be made at 619 AM80Y AVENUE , EDISON, NJ 06837 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Initially, each monthly payment of principal and interest will be in the amount of U.S. $ 695.54 This amount will be part of a larger monthly payment required by the Security Instrument that shall be applied to principal, interest and other items in the order described is the Security Instrument. This amount may change in accordance with Paragraph 5(E) of this Note. 5. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of OCTOBER, 2005 ,and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change. (B) The Index Beginning with the first Change Date, the interest rate will be based on an Index. "Index" means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" ratans the most recent Index figure available 30 days before the Change Date. If the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph 7(B)). Lender will give Borrower notice of the new Index. o~cuuA,ci ~vrx Od/~2/2004 Page 1 of 4 Multistate FHA Adlustablc Rate Note 03!04 ~A s NOHLB LOAtt Y :' MIN: {C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adduig a margin of TWO AND THREE-FOURTHS percentage point(s) ( 2.750 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Paragraph 5{D) of this Note, this rounded amount will be the new interest rate until the next Change Date. (D) Limits on Interest Rate Changes The existing interest rate will never increase or decrease by more than ONE percentage point(s) ( 1.000 %) on any single Change Date. The interest rate will never be more than FIVE percentage points ( 5.000 %) higher or lower than the initial interest rate stated in Paragraph 2 of this Note. (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the Maturity Date at the new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest. (F) Notice of Changes Lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice must be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Change Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calculating the change in monthly payment amount, and (viii) any other information which may be required bylaw from time to time. (G) Effective Data of Changes A new interest rate calculated in accordance with Paragraphs 5(C) and 5(D) of this Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes required by Paragraph 5(F) of this Note. Boaower shall have no obligation to pay any increase in the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note for any payment date occurring less than 25 days after Lender has given the required notice. If the monthly payment amount calculated in accordance with Paragraph 5(E) of this Note decreased, but Lender failed to give timely notice of the decrease and Borrower made any monthly payment amounts exceeding the payment amount which should have been stated in a timely notice, then Borrower has the option to either {i) demand the return to Borrower of any excess payment, with interest thereon at the Note rate (a rate equal to the interest rate which should have been stated in a timely notice), or {ii) request that any excess payment, with interest thereon at the Note rate, be applied as payment of principal. Lender's obligation to return any excess payment with interest on demand is not assignable even if this Note is otherwise assigned before the demand for return is made. 6. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 7. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payments, then lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. DOLUAN02 Page 2 of 4 Multistat° FHA Adlnstable Rate Note 03/04 ooccuNCZ.vrx os/ia/xooe (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorney's fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 8. 'WAIVERS Borrower 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 Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 9. GIVING OF NOTICES Unless applicable law required a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Leader a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. D ~rc~s3rrx oa/o~/zooe page 3 of 4 Multistate FIiA Adjustable Rate Noto 03/04 1Q~. 'OBLIGATIONS OF PERSONS UNDER THIS NOTE ~ If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained. in pages 1 through 4 of this Note. - BORROWER JAMES NOBLE -DATE - Without Recourse, Pay to the Order of Q•s,Qq~,~ ~r.,4 Cathy tns sig t SAY Security Att C origage Cry &~, ., Pay to the order of Without Recourse u,g, gank N.A. Teresa Bulver Vice President (Sign Original Only) oocu,wcd Page 4 of 4 MultSstate FHA Adjustable Rate Note 03/04 DOCWJ7Gd.V?% Od/26/200d EXHIBIT `C' Powers, Kirn & Javardian, LLC. December 8, 2010 Via: First Class and Certified Mail James R. Noble 48 North Ninth Street Lemoyne, PA 17043 Mollie K. Noble 48 North Ninth Street Lemoyne, PA 17043 1310 Industrial Boulevard 1St Floor, Suite 101 Southampton, PA 18966 Phone: (215) 942-9690 Fax: (215) 942-9695 NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by US Bank, NA (hereinafter we, us or ours) on your property located at 48 North Ninth Street, Lemoyne, PA 17043, IS IN SERIOUS DEFAULT because you have not made the monthly payments of $998.77 for the months of May 2009 through December 2010, Late charges and other fees have also accrued to this date in the amount of $21,847.53. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $21,847.53. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $21,847.53, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made at U.S. Bank Home Mortgage, 4801 Frederica Street, West B, Owensboro, KY 42301. Contact: Kelly Hill If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intent to instruct our attorneys to start of a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sherffto pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fee, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Certif~~d Article Number ~EPIDERS RECORD Certified Article Number SENDERS RECORD a If you have not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately 6/2011. A notice of the date of Sheriff 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 will be by calling us at the following number 1-270-852-4271. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff s sale will end your ownership of the mortgaged properly and your right to remain in it. If you continue to live in the property after the Sheriff s sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROEPRTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSER THE PROPERTY SUBJECT OT THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY' S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Very truly yours, dowers, ~irrc c~,~avarrtian, LLC Attorney for Lender i; James R. Noble TO: 48 North Ninth Street Lemoyne, PA 17043 SENDER:~W REFERENCE: NOBLE V. US BANK PKJ 7],96 9D08 9040 0009 3881 RETURN ~ Postage V,YY RECEIPT SERV ~~~ Fee ICE Retum Receipt Fee ' Restricted Delivery ' Total Postage ~ Fees US Postat Sefvice Po O ~q A Receipt for ~ ~~ , ~, Certified Mai! ~ ~pf ~a No Insurance Coverage Provided ~ ~9 6 $ j Do Not Use for Intemational MaN ~ - 9 9 9 Mollie K. Noble TO: 48 North Ninth Street . Lemoyne, PA 17043 SENDER:C~' REFERENCE• NOBLE V. US BANK PKJ 71`i6 9D08 9D40 0009 385D RETURN Postage "... RECEIPT SERV Certified Fee ' ICE Return Receipt Fee ' Restricted Delivery ' Total Postage $ Fees US POSiat S@NIC@ POS R D ~ Receipt for ~ ~ ~~ o ~' ~ . Certified Mali N ~~~ ~a ~ 9 No insurance Coverage Provided 6 ~ ~ Do Not Use for International Mail - 9 9 9 VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. US Bank, NA Title: Assistant Vice-President SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ttitt4' pt 4uuid?r?4"t4 QFfi 4 ,' TF "- P.IFX AH: !,11MBEiiLA id0 i?et pcvwsy A. US Bank NA vs. James R. Noble (et al.) Case Number 2011-200 SHERIFF'S RETURN OF SERVICE 01/14/2011 05:15 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 14, 2011 at 1715 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James R. Noble, by making known unto himself personally, at 48 N. Ninth Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. STEPHEN BENDER, DEPUTY 01/14/2011 05:15 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 14, 2011 at 1715 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Mollie K. Noble, by making known unto James R. Noble, Husband of defendant at 48 N. Ninth Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $58.40 January 18, 2011 STEPH N BENDER, DEPUTY SO ANSWERS, RON T R ANDERSON, SHERIFF (o) Cot nrySwe Sheriff. Teieo;cft. Inc POWERS, KIRN & JAVARDIAN, LLC 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, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-2090 U.S. BANK, NA 4801 FREDERICA STREET OWENSBORO, KY 42301 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. JAMES R. NOBLE, A/K/A JAMES NOBLE MOLLIE NOBLE, A/K/A MOLLIE K. NOBLE 48 NORTH NINTH STREET LEMOYNE, PA 17043 No.: 11-200 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: G --- -4 t13 M 2V Z - 70p r ro CD ,?t? -ta O'r4 Zcs ? Cprn , Kindly enter judgment in favor of the Plaintiff and against JAMES R. NOBLE, A/K/A JAMES NOBLE and MOLLIE NOBLE, A/K/A MOLLIE K. NOBLE, 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 $138,411.24 Interest 01/09/11 to 02/22/11 858.44 TOTAL $139,269.68 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 ry Javar ian, s wire Id. No. 55669 -J Mary F. Kennedy, quire Id. No. 77149 ]James P. Kennedy, Esquire Id. No. 86614 _1 Meghan K. Boyle, Esquire Id. No. 201661 Attorneys for Plaintiff Damages are hereby assessed as indicated. DATE: PRO PROTHY 41466 ?d ably Ck'* 3949 R.0 $88-)83 •410-0080 POWERS, KIRN & JAVARDIAN, LLC BY: Gregory Javardian, Esquire ID No. 55669 1310 Industrial Boulevard, Suite 101 Southampton, PA 18966 Telephone: 215-942-2090 Attorneys for Plaintiff u.?. banK, NA Plaintiff In the Court of Common Pleas CUMBERLAND COUNTY vs. James R. Noble a/k/a James Noble Mollie Noble a/k/a Mollie K. Noble Defendants James R. Noble a/k/a James Noble 48 North Ninth Street Lemoyne, PA 17043 DATE OF NOTICE: February 8, 2011 No. 11-200 Mollie Noble a/k/a Mollie K. Noble 48 North Ninth Street Lemoyne, PA 17043 NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required by you in this case. 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. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 Phone: 717-243-9400 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone: 717-249-3166 egory Javardf squire Usted se encuentra en estado de rebeldia por no haber tomado la accion requiida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de esta notificacion, el tribunal podra, sin necesidad de compararecer usted en corte o escuchar prueba alguna, dictar sentencia en su contra, usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatemente si usted no tiene abogado, o si no tiene dinero suficiente pars tal servicio, vaya en persona o llame por telpfono a la oficina, cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" POWERS, KIRN & JAVARDIAN, LLC 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, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-2090 U.S. BANK, NA COURT OF COMMON PLEAS vs. CUMBERLAND COUNTY JAMES R. NOBLE, No.: 11-200 A/K/A JAMES NOBLE MOLLIE NOBLE, A/K/A MOLLIE K. NOBLE 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), JAMES R. NOBLE, A/K/A JAMES NOBLE and MOLLIE NOBLE, A/K/A MOLLIE K. NOBLE, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers' Civil Relief Act of Congress of 1940, as amended. (b) Defendant, JAMES R. NOBLE, A/K/A JAMES NOBLE, is over 18 years of age, and resides at 48 NORTH NINTH STREET, LEMOYNE, PA 17043. (c) Defendant, MOLLIE NOBLE, A/K/A MOLLIE K. NOBLE. is over 18 years of age, and resides at 48 NORTH NINTH STREET, LEMOYNE, PA 17043. (d) Plaintiff, U.S. BANK, NA, is an institution conducing business under the Laws of the Commonwealth of Pennsylvania with an address of 4801 FREDERICA STREET, OWENSBORO, KY 42301. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. rGreg Javardia quire Id. No. 55669 a y F. Kennedy, squire Id. No. 77149 -]James P. Kennedy, Esquire Id. No. 86614 lMeghan K. Boyle, Esquire Id. No. 201661 Attorneys for Plaintiff POWERS, KIRN & JAVARDIAN, LLC By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD, SUITE 101 SOUTHAMPTON, PA 18966 Cl a (215) 942-2090 Xm3 mo. -M M NA US BANK COURT OF COMMON PLEAS X}=- N - M , C7 vs CUMBERLAND COUNTY -v . o-. -1= - E5 A/K/A JAMES R. NOBLE No.: 11-200 CIVIL TERM rq , JAMES NOBLE N MOLLIE NOBLE, A/K/A MOLLIE K. NOBLE AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 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 48 NORTH NINTH STREET LEMOYNE, P.A 17043 JAMES R. NOBLE, A/K/A JAMES NOBLE 48 NORTH NINTH STREET LEMOYNE, PA 17043 MOLLIE NOBLE, A/K/A MOLLIE K. NOBLE 48 NORTH NINTH STREET LEMOYNE, PA 17043 A J PA Department of Public Welfare Bureau of Child Support Enforcement Health and Welfare Building - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 Beneficial Consumer Discount Company d/b/a Beneficial Mortgage Co. of Pennsylvania 4910 Carlisle Pike, Suite 104 Hampden Center Mechanicsburg, PA 17050 G GO J RDIAN, ESQUIRE Dated: "(A' torney for P ' tiff 10 l ?PT O co Er cn q+ ?, p- LIT ?LJL,. . 0 41??1 ? , ul oYC L ? GSPS 1896 r` F- z z w z ? °' ¢ cn z Z d F- Q E- Q W ZUZ ? Z W °Cw? cc d ? v QEw- O.wa Y . L2 ~a QN N c Q ?PMpTo Z) 9 0 ?, 31 ? o G 2Q11 `" ,ppS 1896 .? M1 co r w co L7 yQ ?M CD Z 0'i D ao L .a 0,4 < w CO 20 Ozza W zO p2 E zxw C? Ir? d Oman wwH z S ¢ ¢ r d ?. ?. a Q W d g? .J ?4 C) 0 w IC CJ ..OOZE W Ir ¢L? 0 ?E 'T ! E¢? v ?$ ------------------------------------- - PTQty ° 31 O k '4'11 L, S pS 1891' -D N W ? F- 0 F- a W a M I' Ow?oQ z W O z co zo w z WWOO W Q Z U ?QQ0w titi?? y IC F 0 Y. Q a @ CO) Q_U N_ d 1?? cc V ww $$ ? ¢ is 3 r ID Lla ? r ? Q 07 3 I [p `m I 7 N , I I +? N ? C r7 ? m m ?? an d C U 1? a N o .,?°? ? ?c tY cEa ?v 1, ' LL Vol U m.E ?n 0 * U p Q =- rn O v ? ? U c °Y ? ... z aE i?' ? m S,10- r ? ? Q C, °dam ',a O V O m N? 11 r 1 '..1.. O , O ? X C Q V?W?' I N 'II II Il f-_ I J a 'I l v7 o 0 0?5 Q ? Z?, a 111 ? N 2 u? N 0? I ,._. Ck-? 13 z0 i E C) z ? FA 'n I ? V r V 1 ? I I r a S c m a 1 Y , H C M ? Q' "? ? ? SS' 1 m (11) rL C O Q 2 m y m T-A U ?? U~ W O P%x HW'` v q 64 ?' p m v v 00 ' +° ? ? Irv 1 I Z = N h 1 ? ? O ? N I ?} m 1 ; ?s T I I 1 1 ?? I IZn o ' ? ? 9 lL } I 61 1 ,o? a ?c 11 `a LO co N i a ,? 1 t? 1 ?43tM ax? ? 1 I N a I R a ? m ce 1 ? L `pi '? W a C U =mEam cam av o°= i? d N N? ? 14 m 'n m (d ci ?;? m o?a? , ? O I u Q v II o m r 1 I 0 p -ro PA o till ICA 9 dd'a' O PA O GO .. a5 o 'I p ? ? p ? ? ? X51 'w y-- 00 4? O 4 To Sao ? I ,i , i I t(D I 1 it I ' a. N Z o ? ? I w o ,y ? I`Z ! N I? oM p, 4 m 0. O 0 e G V 6 T Y n m d E m 0 h. Z? o o? N q I? am r o co '7 p O Z 9 LL m? N o ? 6- May 16, 2011 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): JAMES R. NOBLE, A/K/A JAMES NOBLE MOLLIE NOBLE, A/K/A MOLLIE K. NOBLE PLAINTIFF/SELLER: US BANK, NA DEFENDANT(S): JAMES R. NOBLE, A/K/A JAMES NOBLE MOLLIE NOBLE, A/K/A MOLLIE K. NOBLE PROPERTY: 48 NORTH NINTH STREET LEMOYNE, PA 17043 CUMBERLAND C.C.P. NO. 11-200 CIVIL TERM The above captioned property is scheduled to be sold at Sheriffs Sale on SEPTEMBER 7, 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 may be 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, regory Javardi , Esquire Powers, Kim & Javardian, LLC 1310 Industrial Boulevard Suite 101 Southampton, PA 18966 (215) 942-2090 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson j __ ( t" k. Sheriff 4`trttp of elfin&rt/ PAD - '. Jody S Smith Chief Deputy 007 12 PM Richard W Stewart Solicitor QFf,L'E " -rF °P.'PF {? 1 its€#4S ?._}d 1t?iri US Bank NA Case Number vs. 2011-200 James R. Noble (et al.) SHERIFF'S RETURN OF SERVICE 06/23/2011 01:57 PM - Deputy Ronald Hoover, 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 48 North Ninth Street, Lemoyne, PA 17043, Cumberland County. 06/28/2011 05:45 PM - Deputy Shawn Harrison, 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 MOLLIE NOBLE - WIFE, who accepted as "Adult Person in Charge" for James R. Noble at 1817 ELM STREET, NEW CUMBERLAND, PA 17070, Cumberland County. 06/28/2011 05:45 PM - Deputy Shawn Harrison, 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: Mollie Noble at 1817 ELM STREET, NEW CUMBERLAND, PA 17070, Cumberland County. 09/08/2011 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, Cumberland County, PA on September 7, 2011 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Gregory Javardian, on behalf of, U.S. Bank, NA, of, 4801 Frederica Street, Owensboro, KY 42301, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $877.75 October 11, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF a .6)C Pl. 3zj I-1- `e , 41 -,-" ? 1 ? 7 3•?9' 6, at f 4 5--L id; CountySWe Shenff. Teleosoft . In-. On May 25, 2011 the Sheriff levidd upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 48 North li Ninth Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this ;reference incorporated herein. Date: May 25, 2011 By: Real Estate Coordinator WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-200 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NA Plaintiff (s) From JAMES R. NOBLE, A/K/A JAMES NOBLE, MOLLIE NOBLE A/K/A MOLLIE K. NOBLE (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 $139,269.68 L.L.$.50 Interest from 2/22/11 to Date of Sale at $22.89 per diem Atty's Comm % Due Prothy $2.00 Atty Paid $190.90 Plaintiff Paid Other Costs Date: 5/18/11 (Seal) REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: POWERS, KIRN & JAVARDIAN, LLC David Buell, Prot By- 442 Deputy 1310 INDUSTRIAL BOULEVARD, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-2090 Supreme Court ID No. 55669 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of seld Count at Caftle, Pa. This ' dayoi?, 20 // proftrotwy )00)u CUMBERLAND LAW JOURNAL Writ No. 2011-200 civil US Bank NA VS. James R. Noble Mollie Noble Atty.: Gregory Javardian ALL THOSE CERTAIN lots of ground situate in the Borough of Lemoyne, formerly East Pennsboro Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING on the East by 9th Street, formerly Dapp Avenue; on the North by Lot No. 9, now or formerly of Martin A. Brinton; on the West by a 15 foot alley; and on the South by Lot No. 6, now or formerly of J. Fred Hummel. CONTAINING 50 feet in front on 9th Street and extending back an even width 140 feet to the said 15 foot alley, the place of beginning. BEING Lots Nos. 7 and 8 on Plan of Lots of Dapp Tract, said Plan being recorded in the Recorder's Office in and for Cumberland County in Plan Book 1, page 15. Having thereon erected a single frame dwelling house known as 48 NORTH NINTH STREET, LEMOYNE, PA 17043 BEING THE SAME PREMISES which Jason A. Bennett and Kacy M. Bennett, husband and wife, by Indenture dated June 28, 2004 and recorded July 9, 2004 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 264, Page 352, granted and conveyed unto James R. Noble and Mollie K. Noble, husband and wife. PARCEL No. 12-21-0267-208. 51 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: July 15, July 22 and July 29, 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. isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 29 da of Jul 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. i 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Patr1*0t1WXeW5 Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/15/11 Sworn to afi subscribed before ILe-_ ,r- 18 Notary Public 2011 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 E. Member, Pennsylvania Association of Notaries 07/22/11 07/29/11 2011-100 CWN Term US Bank NA Vs James R. Noble Mollie Noble Atty. Gregory Javardlan ALL THOSE CERTAIN lots of glound situate in the Borough of Lemoyne, formerly East Pennsboro Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING on the East by 9th Street, formerly Dapp Avenue; on the North by Lot No. 9, now or formerly of Martin A Brinton; on the West by a 15 foot alley; and on the South by Lot No. 6, now or formerly of J. Fred Hummel. CONTAINING 50 feet in front on 9th Street and extending back an even width 140 feet to the said 15 foot alley, the place of beginning. BEING Lots Nos. 7 and 8 on Plan of Lots of Dapp Ttaet, said Plan being recorded in the Recorder's Office in and for Cumberland County in Plan Book 1, page 15. Having thereon erected a single frame dwelling house known as 48 NORTH NINTH STREET LEMOYNE, PA 17043 BEING THE SAME PREMISES which Jason A Bennett and Kacy M. Bennett, husband and wife, by Indenture dated June 28, 2004 and recorded July 9, 2004 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 264, Page 352, granted and conveyed unto James R. Noble and Mollie K Noble, husband and wife. PARCEL No. 12-21-0267-208 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 U.S. Bank N A is the grantee the same having been sold to said grantee on the 7th day of Se tep mber A.D., 202011, under and by virtue of a writ Execution issued on the 18th day of May, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 200, at the suit of U.S. Bank N A against James R. Noble A/K/A James Noble and Mollie Noble A/K/A Mollie K. Noble is duly recorded as Instrument Number 201128261. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l day of Qfi?L -, A.D. _c2_6 ZZ Recorder of Deeds Reoorder of Dees, Cumberland County, Carlisle, PA My Commission Expires the First Monday of Jan. 2014