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HomeMy WebLinkAbout11-3540RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) MARGERY J. SCHNEIDER, ESQUIRE (202837) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) OF THE PRoT'H 2 CUMBERLA11D COUNTY Pitt SY l?\ t1 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services, Inc. 2929 Walden Avenue Depew, NY 14043 V. Mary Morgan and Donald W. Morgan 124 South Enola Drive Enola, PA 17026 Defendant(s) Civil Action Number: ff 3-5elo COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE pail You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action 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 Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. ?V 4e/i? Gc-' f''11`1 J:Uess\Complaints\Cumberland\Morgan, Donald 4.1 Ldoc 471l* 1S 7 11-7r 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 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Tess\Complaints\Cumberland\Morgan, Donald 4.1 l.doc money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. Lleva esta demanda a un abogado inmediatamente. Si no tiene abogado o si no tiene el dinero suficiente de pagar tal servicio, vaya en persona o Name por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir asistencia legal. Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 J:\Jess\Complaints\Cumberland\Morgan, Donald 4.1 Ldoc NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ., YOU MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF YOU DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE YOU WITH WRITTEN VERIFICATION OF THE DEBT, AS WELL AS THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. IF YOU DO NOT DISPUTE THE DEBT, IT IS NOT AN ADMISSION OF LIABILITY BY YOU. IF YOU NOTIFY US IN WRITING WITHIN THE THIRTY (30) DAY PERIOD, WE WILL CEASE COLLECTION OF THIS DEBT, OR ANY DISPUTED PORTION OF IT, UNTIL WE HAVE OBTAINED THE REQUIRED INFORMATION AND MAILED IT TO YOU. ONCE WE HAVE MAILED YOU THE REQUIRED INFORMATION, WE WILL CONTINUE THE COLLECTION OF THIS DEBT. THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR. THIS ACTION IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE, USED FOR THAT PURPOSE. J:Vess\Complaints\Cumberland\Morgan, Donald 4.1l.doc RICHARD F. STERN, ESQUIRE (03315) STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) MARGERY J. SCHNEIDER, ESQUIRE (202837) STERN AND EISENBERG, LLP THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572-8111 FACSIMILE: (215) 572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services, Inc. 2929 Walden Avenue Depew, NY 14043 V. Mary Morgan and Donald W. Morgan 124 South Enola Drive Enola, PA 17026 Defendant(s) Civil Action Number: COMPLAINT IN MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE This is an action to foreclose a mortgage brought on behalf of Plaintiff, HSBC Mortgage Services, Inc. (hereinafter referred to as "HSBC") . 2. The Defendant(s), Mary Morgan and Donald W. Morgan ("Mortgagor(s)") are the real owners of the mortgaged property hereinafter describe. The last known address of Mortgagor(s) is 124 South Enola Drive, Enola, PA 17026. Attached hereto as Exhibit "A" is a promissory note and/or loan agreement ("Note") bearing the date of 10/26/2006 in which Mortgagor(s) promised to pay the sum of $105,000.00 ("Loan"). A true and correct copy of the Note is attached as Exhibit "A". 4. Attached hereto as Exhibit "B" is a copy of the mortgage ("Mortgage"), dated 10/26/2006, and bearing the names of the Mortgagor(s), as the mortgagors, on real estate together with all improvements thereon, located at 124 South Enola Drive, Enola, PA (the "Real Estate"). A true and correct copy of the Mortgage is attached as Exhibit "B". The J:Uess\Complaints\Cumberland\Morgan, Donald 4.1 I.doc mortgage was duly recorded on 11/08/2006 at Bk. 1972 Pg. 1356 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. An assignment dated January 13, 2011 transferring the mortgage originally with "MERS" as nominee for Calusa Investments, LLC (Originating Lender) to HSBC, was duly recorded on 01/25/2011 at Instru # 201103021 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. A true and correct copy of the assignment is attached as part of Exhibit "C". 6. The Real Estate subject to the Mortgage is described in the legal description attached hereto as Exhibit "D". 7. The Mortgage is in default because the payments due and secured by the Mortgage have not been made. The Loan is currently due for the August 1, 2010 (in the amount of $994.11) and all payments thereafter. 8. The business records maintained by Plaintiff demonstrate that a combined notice ("Combined Notice") was mailed by certified and first class mail to the Mortgagor(s) at Mortgagor(s)' last known address and, if different, to the address of the Real Estate, on the date set forth in the Combined Notice. A true and correct copy of the Combined Notice is attached as Exhibit "E". Borrower(s) applied for PHFA assistance, and are denied as of 3/30/2011. 9. As of the date of the Complaint, there is due and owing amounts secured by the Mortgage in the sum of $108,798.63, which amount due includes the following: PRINCIPAL BALANCE .......................................................$101,884.16 INTEREST accrued thru 04/01/2011 of ...............................$6,885.00 Interest after 04/01/2011 shall accrue at the per diem rate of $26.61.) ESCROW ADVANCES ........................................................$29.47 TOTAL .................................................................................. $108,798.63 These itemized amounts may not include all fees currently due and owing under the Note and secured by the Mortgage, including certain late fees, inspection charges, property preservation expenses, and attorney's fees, since Plaintiff has decided to forgo collecting any such fees omitted here, but that decision does not indicate that such fees were not properly due and owing at the time of any prior communications to the borrowers on the Note. J:Uess\Complaints\Cumberland\Morgan, Donald 4.1 Ldoc WHEREFORE, Plaintiff, HSBC demands in rem Judgment against the Defendants in the sum of $101,884.16 plus interest thereon of $6,885.00 plus $26.61 per day from 04/01/2011 until judgment is paid in full, escrow advances of $29.47, and all other amounts set forth above, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. STERN & EISENBERG BY: ? RICHARD F. STERN, ESQUIRE ? STEVEN K. EISENBERG, ESQUIRE grEEVIN P. DISKIN, ESQUIRE, ? MARGERY J. SCHNEIDER, ESQUIRE Attorney for Plaintiff J:\Jess\Complaints\Cumberland\Morgan, Donald 4.1 Ldoc VERIFICATION I, Steven K. Eisenberg, Esquire of Stern & Eisenberg, LLP (Name), hereby verifies that I am Counsel for the Plaintiff and as such, am authorized to make this Verification on its behalf and further that the facts of record (based upon documents duly recorded with the County) set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief and information provided from the Plaintiff. Pursuant to PaRCP 1024(c) the representative of the Plaintiff is outside of the jurisdiction of the Court and said verification could not be timely obtained. To the extent required, as to all other statements of fact, a substitute verification from the client will be filed with the Court. This verification is made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. By: Print ame: Steve K. Eisenberg On Behalf of. Plaintiff Dated: L-? - (.? - 1 ;Page 1 of 6) DM-0000584317 October 26, 2006 !titer NOTE ENOLA MY) 124 SOUTH ENOLA DRIVE ENOLA, PENNSYLVANIA 17028 PENNSYLVANIA M-1 L BUtRYtAIMIS PRONIISS TO PAY In return for a loan that I have receive41 promise to pay U& $105,000.00 (this emountis called "Principal'): pis interest, to the order ofthe Lender. The Lender is Calusa Investments, LLC, Limited Liability Company I will make all payments under this Nobs in thef rm of cash, check or money order. I understand that the Leader may transfer this Nate The Lender or anyone who taken #us Now by transfer and who is entitled to receive payments under this Note is called the'RJoteHolder." 2. HgrMST Interest will be charged en unpaid pno copal until the full amount ofPrintapal has been paid. I will pay interest at ayearly rate of 9.25WA Thu interest rate required by this Scotian 2 is the rate I will pay both before and after any default described in Section 6(B) of ibis Note. 3. PAYhffMS (A) Thw and Place oMaymentt I will pay principal and interest by making a payment every month Iwill make my martlily payment on the 1st day of each month bcahini g on December 01, 2006 I will make those payments may mrxith uatrl I lave paid all of tier pdmchW and interest and any other elauges described belowthat I may owe under this Note, &ch monffily paymed w711 be applied as of its scheduled due date and will be applied to interest br£are Principal. IC an November 01, 2038 , I still owe amounts under iris Note, I wdl pay those amounts in full or that date, which is called the'Yvlahaitlr Data" Iwill make mymonthlypayments at14040Park Center Road. Suite 300,HERNDON,VIRGINIA 20171 or at a different place if required by the Note Holder. (B) Aanaunt ofM-"IyPaymeets W monthly payment will be in the amount of US. 5863.81 4. BORRiOWWS RIGHT TO PREPAY l h_ the rigbt to make payments of Prucipal at airy time before they are due. A payment of PA=pal only is koottn as a'Trepaynnit,' Whet Imake a Prepayment I will tell the Note Holder in writing that I am doing so. I may not de4natea payment as a Prepayment pfI have notnw& all the moodily payments doe under the Notes I may make a fuq Prga}7neot err partial prepayments withoert paying a Pnpayamrt chnmge The Note Holder wall use my Prepapnu.ads 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 ary Prepaym eat to reduce the Principal amount of the Note. If l male: a parlial Prepayment there will be no changes m the dtc date or mthe amount of my moodily payment unless the Note Holder agrees in writing to those chan„"es `SEE RIDER TO NOTE MULTISTATE FDaM RATE NOTE -S"ICAmitg-rl- MWaWftk Mae UKIFORM 110TRUMMI aaa 10ag1 (0012) (J*PZ0/jPq1q MIN:100238100005845177 Form 3M U81 7 Aar Oa 1.9=0atW HFw Hal (Page 2 of 6) S LOANCBARGRS Y a law, which applies to this lean and which sets maximoms loan charge., is finally iateiprded so that the interest or other loan charges collected or to be collected is connection with this loan exceed the p®ired limits. then: (a) soy such kuh charge shall be reduced by the ammmt neoemay to reduce the charge to the permitted limit; and (b) any limos already collected firma me which exceeded peontted linuts will be refunded to ma The Note Holder may choose to make this refund by reducing the Prizimpal I owe under this Note or by making a direct payment to me If a refund reduces Principal, the reduction will be tested as a partial Prepayment 6. BORROWhi IS IFAII IRS TODAY AS REQDLRED (A) Late Charge for Overdue Payments ]Tthe Note Holderhas rot received the full amount of any monthly paymautby the end of Fiiten calendar days after the date it is due, I wM pay a late charge to theNote Holder.1he amount of the charge will be 5.10000°.], of my ovaffite payment of principal sad interest I will pay this late charge promptly but only once on each late payment 0 Default Ifi do not pay the full amount of each moniblypayment on the date it is due, I will be in default (Q Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay komedistely the full amount ofPriocipal which has not been paid and all the interest that 1 owe em that amount That date nnnt be at least 30 days after the date on which thin notice is miaikd to me, or delivered by other moms (D) No Waiver By Note Holder Even 4 at a time when r am is dcfimx the Now Holder does not require me to pay immediately in full as described above, the NotaHolda will still have the right to do so if l am in default at a later time. (E) Payment of Nate Ebldees Costs and Expenses Ir the Nate: Holder has raquired rat to pay nnmediatsly in frill as described above, the Note Holder will have the right to be paid back by me for all of its coats and eacpansev in enfoscmg this Nora to the e6ent not probibW by applicable law. Those expenses mahide, for ccample, reasonable attorneys' fees. 7. GUMM OR NOMICPS Unless applicable law requires a different metbod, any notice that must be given to mo under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a diftm"A address if I give the Note Holder a notice of'my different address Any notice that nurA be given to the Note Holder under this Note will be gin by delivering it or by mailing it by first class mail to the Note Holder atthe address stated in Section 3(A) above or at a dffermt address $I am given a notice ofthat ddfeimt address. & Oh3 "TIONS OFFERSOIVS UNDER THLS NOTE If more than one person signs this Note, each person is My and personally obligated to keep all of the pmmises made in this Note, inoluding the promise to pay the fall amount owed Any perscawbo is a guarantor, surety or endorses of this Note is also obligated to do these thnigs. Any person who takes over these obligations, iucludmg the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all aftbe promises made in this Note. The Note Bolder may enforce its rigbts under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS Ind any odder peasah who has eblig abocs under ibis Note waive the ngbts of presentment and Notice c EDislroaor. "Prrsealmene means the right to require the Note Holder to demand payment of amounts dun ldotice of'Dishuu x means the rrgld,to require the Note Holder to givenoticeto other persons thataumunts dne havanotbeen paid 10. UMORMSECURED NOTE This Note Is a uniform instmment with limitedvatiatious in semosjurisdictions. ht addition to the protections given to the Nate Holder under this Note, a ]ice Deed of Trist, our Security Deed (pre "Security lintrament"I dated the same date as this Note, protects the Nate Holder from possible losses which might result if] do not keep the promises whrcb I make in RWLTZTATE 7D= RATE NOTE-Sfggk Fa my-Aaa[a MWfYeddeMac UNEFOAM INSTRUNDuVT Fora 32111111 sea tufi2M121 (Pcge2al3r GMTLMa a 1b0d.r01 taoostoaarOAKWIrara,sir Page 3 of 6) this Mte. Mnt Security km rument describes how and ender what conditions I may be required to make immediate payment in full of all amounts I owe under this Notes Some of t me conditions are described as follows: If all or any part of the Property or any Irderest in the Property is sold or tranfaxed (or if Bosmwe is not a natruA person and a beneficial mterest in Berrower is sold or transf en-4 widwet Lender's prior wnUw consent Leader may rigour munedhato payment m hilt of all sans secured by this Semmty Instrument However; this option shat} not be atacimd by Linda if such ma cise is prohibited by Applicable Law. If Lender mercises tha option, Leader shaU give Botrowa notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice a gnRn m accordance with Serum 15 within wlach Boa mw must pay all sums secured by fba Semrrity In hument If Borrower fasts to pay these sums psor to the expiration of this period, Leader may ion oke any remedies permitted by this Security Tastrument wiQzai father notice or demand on Bonowcr. (Seal) (S-I) •Bmmwer Borrower , (Seal) {Seal) -Bonwer MMTMTATR3T=RATE NUM-SnlePwip-FamWeWb Fudd[el6 eInlF'0831 ROTF1A4SNT Perm320pI/01 eeatumstes121 (PABSIO 3PWO TbOdwCa h horn nnm Borrower has executed and acknowledges rocetpt ofpages 1 through 3 ofibis Note. ;Page 2 of 16) Prepared By. Tim Stoma i 14040 Park Ater Road, Suits 300 HERNDON, VIRGM201T1 (800) 614-1791 Ext. 4537 RehunTo: Calusa Investments, LLC 14040 Park Center Road Suite 300 HERNDON, VIRGINIA 20171 Parcel No.: 09-15-1291-132 [Space Above Mils Lbe FerRerordlsg natal MORTGAGE MIN-100238100005845177 DEFINITIONS Words used in multiple sections of this damment are defined below and other words arse defined in Sections 3, It, 13, 18, 20 and 21. Certain rules regarding the usage of words used is this documavt are also provided in Section 16. (A) "Security Instrament" means Eris docamelnt, which is dated October 26, 2006 , together with all Riders to this document. (B) "Borrower" is DONALD W. MORGAN, JR. AND MARY MORGAN, HUSBAND AND WIFE Borrower is the mortgagor under this Security bstrumeat (G) "MLRS" is Mortgage ElecnouW Registration Systems, Inc. hGM is a separate corporation that is acting solely as a nominee for Leader and LendePs successors and assigns. AMS Is the mortgagee under this Security Instrument MEM is orgsarmd and existing Under the laws of Delaware, and has an address and telephone number of P.0. Box 2026, Flint, MI 48501-2026, tel. (688) 679-MBRS. (D) "Lender" is Calusa Investments, LLC Lender is a Limited Liability Company organized and cas ft under the luaus of VIRGINIA . Lender's address is 14040 Park Center Road, Suite 300, HERNDON, VIRGINIA 20171 (L) "Note" meatus the promissaq note signed by Boaower and dated October 26, 2006 . The Note states that Bonower awes Lender One Hundred Five Thousand and noM 00 Dollars (U.S. $105,080A0 ) plus interest Borrower has promised to pay this debt m regular Periodic Payments and to pay the debt in fell not later than November 01, 2036 . PENNSYLVANIA- SbWe:Family--FmmkblaNRsddteMaeUNIFORK IItSTRtliIS1 Xr Form 3639Im fxestaecs" "EM 27eeL1 te?1?-rtERa (pa$t l Of 1?P4taI To omwoolk lawase4"s CM-rlFfED TRUE COPY /4t Page 3 of 16) 0 0 (F) "Property" means ft property that is descrbed below underthe heading'Transfer of Rights in the (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 Secmity Instrument; plus interest (E}) "Riders" means all Riders to ibis Security Instrument that are executed by Borrower. The following Riders we to be executed by Borrower [check box as applicable]: ? Adjustable Rate Bider ? Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? Other(s) [specify] ? 1-4 Family Bider ? Biweekly Payment Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, relations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, nom-appealablejudicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Harrower or the Property by it condominium association, homeowners association or similar organization M "Llec conic Funds Transfer" means any transfer of fiords, other than a transaction originated by check dra@, or similar paper instrument, which is initiated through as electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, ftstrwt, or authorize a financial institution to debit or credit an account Such term includes, but is not limited to, point-of-sale transfers, awed teller machine transactions, transfers initiated by telepboue, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means say compeasation, setde=4 award of damages, or proceeds paid by any thud party (other than insurance proceeds paid tinder the coverages described in Sectiam S) for: (i) damage to, or destruction of; the Property; (n') condemnation or other taking of all or any part of the Pmpaty (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means fi= rance protecting Under against the nonpayment of; or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled among due for n principal and interest under the Notc, plus (ii) any a rnotmts under Section 3 of this Security hustmmeat (P) "RESPA" mean tha Real Estate Sddcmeat Procedures Ad (12 U.S.C. ¢2601 at seq.) and its implementing regulation. RnguWan X (24 C.F.R. Part 35MI as they might be amended !torn time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in tins Security Instrument; "RBSPA" nfczs to all requirements and restrictions that are imposed irk regard to a "federally related mortgage loan" even if the Loan does not goalif r as a "federally related mortgage loan" under RESPA. PXNNMVANU--6hWaFamilyL- u"kMaeffl ddteMaeITIMRMINSTRUMENT Nom 3939 1M 6N1osn" nmA zmw pwo1 -mm (Page 2 ofIdpaer) To OrdwCl# 14e06Udlli Page A of 16) 0 (Q) "Successor in Interest of Borrower" means any party tbat has W= title to the Property, whether or not that party sus assumed Borrower's obligations under the Note and(orthis SecurityInstrument TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (r) the repayme+mt of the Loan, and all renewals, atensions and modifications of the Note; and (h) the performance of Borowces covenan% and agreed under this Security Instrument and the Note. For this purpose, Bomower does hereby mortgage, grant and convey to MFRS (solely as nomince for Lender and Lender's suc=somm and assigns) and to the suceca4ars and assigns of M MW the following descnbcd property located in the county fnn? of tteoo,ding ranulicffoal of CUMBERLAND [N.meurRecoa ngr®rdicaoal . SEE SCHEDULE "A" ATTACHED which cuntmtly has the address of 124 SOUTH ENOLA DRNE lstroacl ENOLA , Pennsylvania 17025 ('TropertyAddteseJ: lrm I4P r-k TOGETHER WITE all the improvements now or hereafter erected on the property, and all cases =% appurtenances, and fixtures now or hereafter a part of 1he property. All replacements and additions sball also be covered by this Security Instrument AD of the foregoing is referred to in this Security Instrument as the °Property" Borrower understands and agrees that MGRS holds only legal tide, to the interests granted by Borrower in this Security Instrument, bud if necessary to comply with law err custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to cmcbe argr or an of those interest; inchding, but not limited to, the right to foreclose and sell the Property; and to take any action regmred of Leader including but not limited to, releasing and canceling this Security Iastrnm 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 unmumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any eocumbrawxs ofrecord. THIS SECURITY INSTRUMSW combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a urdfmm aeeority instrument covering real property. PEiWMVANIA-ShWe MMUt-Munk MaeBmd M M&e tRMMRM 11OTMWNT Form 38" IM REU2Ywtsx5ai}-MERa f1'aYa3olj?P 1 rhodrrMi2oaaesarna Page 5 of 16) 0 is UNIFORM COVENANTS. Borrower and Lender covenant and agree as Mowc 1. Payment of Principal, Interest, Escrow Items;, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal o& and interest on, the debt evidenced by the Norte and arty prepayment charges and late charges due under the Note. BaMnM shall also pay funds for Escrow items pursuant to Section 3. Payment dun under the Note and this Security Instrument shall be made in U.B. currency. Howeve, if any check or other instrument received by Lender as payment under the Nate or this Security Instrument is retuned to Lender unpaid, Leader 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 farms, as selected by Landes (a) cash; (b) money order, (e) certified check, bank check, treasurer's cheer 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) filectronie Funds Thnsfer. Payments are deemed received by Lender when received at the location designated in she Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 1S. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current Leader may accept any payment or partial payment iasuficieat to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refine such payment or partial payments in the future, but Lender is not obligated to apply such payments at die time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied finals. Lender may hold such unapplied fiords until Borrower makes payment to hying the Loan currant If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds Of le them to Borrower. If not applied earlier, such amds will be applied to the outstanding principal balance under the Nota immediately prior to foreclosure. No oi$et or claim which Bonower might have now or in the attune against Leader shall relieve Borrower from making payments due under the Note and this Security Instrument or perfermmg the covenants and agreements secured by this Security Inhume., 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Leader shall ba applhed in rho following ardor 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 rho order in which it became due. Arty remaining ammmrs shall be applied fast to late rI gee, second to any other amounts doe under this Security Instrument; and then to reduce the principal balance of the Note. If Lerida rv=vts a payment from Borrower for a delinquent Periodic Payment whirb includes a sufficient amount to pay any daft charge due, the payment may be applied to the delinquent payment and the We charge. If shore than one Periodic Payment is outstanding Lender may apply any payment received from Borrower to the repayment of the Periodic Payments it sand to the errtexd that, each payment can be paid in full. To the extent dint any excess exists after the payment is applied to the full payment of one or more Periodic Payme nt% anc h erce s may be applied to any laic charges due. Voluntary prepsymmis 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 Psymenfa. 3. Funds for Escrow Items. Harrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Nate is paid in full, a sum (the "Ialmds") to provide for payment of amounts due for. (a) taxes and assessments and other items which can attain priority over stir Security Instrument as a liea or encumbrance on the Property; (b) lasdtold payments or ground rents on the Property, if any, (c) preen ums for any and all insurance required by Lender ruder Section S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Matgage Insurance pteminms in accordance with the provisions of Section 10. These items are railed "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Foes, and Assessments, if any, be escrowed by Borrower, and such dues, fees and asscssmeofs shall be an Escrow Item. Borrower shall promptly famish to Lender all notirxs of amounts to be paid under this Section. Harrower PBNNSYLVANU-Sh4teFemiiy--Faaukl uffire"atftc WiMRKEgSZRUbULVT Arm 3039 far nee 2MAtnsea }-MMU (Pggr 4 616PW4 rooa.rcaa tiambw,aarra Page 6 of 16) 0 0 shall pay Lender the Funds for Escrow Items unless Leader waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Leader 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 i coder and, if Lender requires, shall fiunish to Leader receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement captained in this Security Insnvment, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items direr tly, pursuant to a waiver, and Borrower D& to pay the amount due for an &c row item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow items at any time by a notice given in accordance with Section 15 and, upon such revocation, Bwower shall pay to Leader all prods, and in such amounts, that are than required undw this Section 3. Lender may, at any time, collect and bold Funds 1a an amount (a) sufcieot to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Leader shall estimate the amount of Finds due on Ste basis of curved data and reasonable estimaft of expenditures of Mre Esrrotier Items or otherwise in accordance with Applicable Law. The Furda shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Leader 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, amorally analyzing the escrow sccoumt, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Leader to make such a charge, Unless an agreement is made m writing or Applicable Law requires interest to be paid on the Funds, Lender shalll not be required to pay Borrower any interest or earrings on the Funds Harrower and Leader can agree in writing, however, that interest shall be paid on the Funds. Leader shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Finds held in escrow, as defined under RESPA, Leader shall account to Bonwax for the excess funds in accordance with RBSPA If there is a shortage of Foods held in escrow, as defined under RMPA, Lender shall notify Borower as required by RESPA, sad Boamwer shall pay to Lender the amount necessary to make up the shortage in accordance with RBSPA, but in no move than 12 monthly payments If there is a deficiency of Funds held in esc mw, as defined under RESPA, Lendet shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the deficiency in accordame with RE.SPA, but in to more than 12 monthly payments. Upon payment in full of all s®s secured by this Security Instrument, Lender shall promptly rtfaad to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shad pay all taxes, assessrment% charges, fines, and imposition attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rears on the Property, if any, and Community Association Dues, Foes, and Assessments, if any. To the extent that these items we Escrow Items, Boamwrr shall pay them im 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 marmer acceptable to Leader. but only so long as Borrower is performing such agreement; (b) contests the Ran in good faith by, or defends against aar6 ement of the lien in, legal proceedings which in Leader's opinion operate to pmveat the enforcement of the lien while those proccediotgs are.; pending, but only until truck proceedings are concluded; or (c) secures fivm the holder of the lien an agreement satisfactory to Lender suubord'madag the lien to this security Instrument. If Lender debermiaes that say part of the Property is subject to alien which can attain priority over this Security Instrument, Lender may give Borrower a notice idend6ling the lies Within 10 days of rho date on which that notice is given, Boaower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. FRNNSYLVANIA-SlagleFatuity-F=n1eMwjFred6easacUNIFORM INSMUNMM Far=30391/01 oreameaa. ITEM 2MOLS PSM)-MFRS (Page 5 of 14 pager) 7b adrau l4W404M Page 7 of 16) 0 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. S. Properly Iosnranft Borrower shall keep the improvements now etdstmg or hcrea8cr created on the Property insured against loss by fur., hazards included within the tam "extended ooveraW aid any other bawds including, but not limited to, earthquakes and floods, for which Lender requires insurrnce. -Ibis ; sbail be maintained in the amounts (including deductible levels) and for the periods that Lender xccpf s, What Leader requires pursuant to the preceding sentences can ebange during the tam of die Loan. The insurance carrier providing the insuance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Leader may require Borrower to pay, in connection wish this Loan, either. (a) a one-time charge for flood zone det mainatinn, certification and tad* services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time r,emappings or sfaailat' changes oc u whichreasarably might afford snob detammabwt or certification. BoQOwer shall also be responsible for the payment of any Sees imposed by the Federal Emergency Managdmeat Agency in won with the review of any thud zme determination resulting from an objection by Boaflwer. IfIlorrowcrfaits to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Bonvwta's expewte. Leader is under no obligation to putchm any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Boagwer, Bouawces equity in the Propetty, or the contents of the Property, against any :near, bazaad or liability and might pmvidc greater or lesser coverage than was previously in r.ffr.et Bumowcr admawiedges that the cast of the finunrtoe coverage so obtained miglu significantly exceed the cost of insurance that Borrower could have obtained Any amoumis disbursed by Leader wider this Section 5 shall become Wditiemal debt of narrower seemed by this Security Instrument These amounts shall bear fid=st at the Note rate fIDm the date of disbursement and shall be payable, with such interest, upon notice from leader to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject to Lendeds right to disapprove such policies, shall Wade a standard mortgage clause, and shall name Leader as mortgagee and/or as an additional loss payee. Lender strati have the right to hold the policies and renewal certificates. If Leader requires, Borrower shall promptly give to Lender all recehm of paid premiums and renewal notices. If Borrower obtains any form of nos rimoc coverage, not otherwise required by Lender, for damage to, or destruction o4 the Property, such policy shall include a standard ma ipp clause and shall name Leader as mortgagee and/or as si additional loss payee. In the event of loss. Barrower shall give prompt notice to the insurance carrier sod Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Leader and Bautiwer otherwise agree in writing, any insurance l whcdw 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 act lcnmwA During such repair and restoration period, Lender shall Lave the right to bold such insurance proceeds until Leader has had an opportunity to inspect ranch Property to ensure the wort bas been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly, Lender may disbars proceeds for the repairs and restoration in a single payment or in a series of progr eu payments as the work is completed. Unless an agreement is :Wade in writing or Applicable Law requires interest to be paid on such insurance proc mdt, Leader shall not be requimd to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower stall not be paid out of the insurance proceeds and sball be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Leader's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instnnnent, whadw or nat then due, with the excess, if any, paid to Borrower. Such insurmce proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Pruperty, Lender may W negotiate and settle any avarilable iosaaoa claim and related mmers. If Borrower does riot respond witbar 30 days to a notice from Leader Butt the insurance canner has offered to, settle a claim, then Leader may negotiate and settle the claim.lbo 30-day period will begin when the notice is given Tn cither event, or if Lender acquires the Property under Section 22 or PENNSYLVANIA-Shoe FSmdp-_Fank ModFreddk Hoe UNWORM QiSTRUAMM Form3kfi im n':Me27adaeoSM)- M jFgv6ofJ4paV1 T*oFdxGai x4MWM Page 8 of 16) 0 0 otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any it sun = proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Loshumeny and ro) any odor ofBoaowees 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 Ere 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. 6. Occapancy. 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 die date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Prtservationo, Maintenance and Protection of the Property; Inspectim. Borrower shall trot destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is rending in the property, Borrower shell maintain the Property in order to prevent the Property from deteriorating or decreasing in value due so its condition Unless it is determined pursrmrtt to Section 5 that repair or restoration is not economically feasible, Bower shall promptly repair the property if damaged do avoid fiui6er deterioration or damage. If insurance or condemnation proms are paid in connection with damage to, or the taking og the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the wart: is completed. If the insurance or condemnation. proceeds are not sufficient to repair or restore the Propetty, Borrower is not relieved of Borrowees obligation for the completion of so ch repair arrestor stion. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cane, 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 Muse. S. Borrower's Loan Application. Borrower shall be in default if, dm* the Loan application process, Borrower or any persons at entities acting at the direction of Borrower or with Barrower's knowledge or consent gave mat rally false, misleading, or imamate information or stdomceLt to Lender (or failed to provide Lender with material inforamation) in connection with the Loan. Material raptesentagum include, but are not Baited to, representations concerning Borrmwer's occupancy of the property as Borrower's principal residence. 9. Protection of Leader's Interest in the Properly anal Rights Under this Security hstrmnmt If (a) Borrower &i1s to perform the covenants and agreements contained in dhis Security Irsstrnmeut, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in banlQaptcy, probate, for eondenizatiort or forf urc, for eofottement 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 Of appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing rho value of rho Property, and aeaaing and!or repairing the Property. Lender's actions can inohtde, but are not limited to: (a) paying any senor secm+ed by a lien which bas priority over this Security instrument; (b) appearing in court; and (c) paying reasonable attorneys' fas to protect its interest in the Property =&or rights under this Security Instrument, including its seccaed position in a bankruptcy proceeding. Searing the Property includes, but is not limited to, entering the property to makes repairs, change locks, replace or board up doors and windows, drain water frown pipes, eliminate building or other code violations or dangerous conditions, and have utilifiea turned on or ca Although Lender may tame action under this Section 9, Lander does not have to do so and is not tinder 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 Sections 9. PENNSYLVANIA-Single Family-Haenb usov ^eddie mac ANmam rH rritum er Fern M391M rrsrr9arLT(OSO1F YERa (Page7ofl4pgr4 ToOMWC.R140D one Page 9 of 16) 0 0 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Botmwer secured by tb is Security Instrument These amounts shall bear interest at the Nate rate from the date of disbusement and shall be payable, with such interest upon notice from Lender to Borrower requesting payment, If this Security Instrument is an it leasehold, Borrower shall comply with all the provisions ofthe lease. If Borrower aoquires fee title to the Property, the leasehold and the fee title shall not merge unless Leader agrees to the merger in writing. 10. Mortgage Insurance. If Leader required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. I& for any reason, the Mortgage Issuance coverage requrrad by Leader ceases to be available from the mortgage insurer that previously provided such ftrsurance 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 la effect, at a cost substantially equavaleat to the cost to Borrower of the Mortgage Insurance previously in eft 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 retaitt these payments as a non- retimdabie loss reserve in lieu of Mortgage insurance. Such toss reserve shall be nor-refundable, natAVStbstainding the tact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or eamirgs an such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance cove[age (m the amoinit and for the period that Leader requires) provided by an Insurer selected by Leader again becomes available, is obtained, and Lender requires separately designatedpayments toward the pnsmiums for Mortgage insurance. If Lender required Martgsge Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Burrower shall pay the premiums required to maiatair Mortgage Insurance in m#fec, or to provide a non-rafboddablc loss reserve, uuh7 Lender's requirement for Martgage 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. Mortgagor Insurance reimbuacs Lender (or any entity that purchases the Nate) for certain losses it may incur if Borrower does not repay the lam as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage imswrors evaluate their total ride an alt such insurance in home from time to time, and tray etm into agreements with otlurpartia that share or modify their ask, orreduce losses. These agicamens are on temp and conditions that are satisfactory to the mortgage inaarr and the other party (err pubes) to these agreements, These agmerments may require the mortgage i istaer to make payments using any emcee of Ands that the mortgage insurer rosy bave available (which may include finds obtained from Mortgage Inca aura pmmiums). As a result of these agreements, Lender, any purchaser of the Nate, another irsmrx, any reinst m, any other entity, or any affiliate of any of the foregoing, may receive (directly or iadnrctly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage humraace, in exchange for sharing or modifying the mortgage insures risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement fs often termed "captive remsonanca" Further; (a) Any such agreements will not affect the ame®ts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amotmt Borrower wit owe for Mortgage Insurance, and Soy will not entille Borrower to any refund. (b) Any such agreements will not affect the right Borrower has-if any--*11h respect to the Mortgage Insurance under the Homeowners PreWon Act *f1998 or any other law. Thtxe riebts may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage hunrarce, to have the Mortgage Iosaranee terminated autemaecally, and/or to receive a rdww of any Mortgage Insurance prendums that were unearned at the time of such cancellation or termination. PSKNWLVANrA--Susie Primly-F? 11111&hWf ddiO Mu TRUPORiV MTttUN1E T Form 3039 im ammofts. rr9A 2MLS Owly-Um (Page d gfJ4paS-) U aderCda a4r r•96aSTr5 Page 10 of 16) • i U. Assignment of Misallareorts Proceeds, Forfeiture. All Miscellaneous Proceeds ate hereby assigned to and shall be paid to Leader. If The PmpwW is damaged, such lvliscelimeona Proceeds shall be applied to restoration or repair of tae Property, if the, restoration or repair is economically feasible and Fender's security is not lessened. During such repair and restoration, period, I.ender shad have the right to hold such Miscellaneous Proceeds until Leader has had an oppotNnity to inspect such Property to ensure the wok has been cat *kWd 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 ofpeagress payments as the wore is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such lf=ellaneons Proceeds, Lender shall not be required to pay Rorraww any interest or earn ioga oa such Miscellaneous Proceeds. If the restoration or repair is not coon omicalty feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Iastmmm; whether or not then dkae; with the excess, if any, paid to Borrower. SuchMiscellamus, Proceeds shallbe applied in the order provided for in Section 2. In the event of a total tnlrin& destruction, or loss in value of the Pmperty, the Miscellaneous Proceeds shall be applied to the scans secured by this Security lnstrvment, whether at not then duce, with the excess, if any, paid to Borrower. In the event of a partial tatting, dectntetioq or loss in Vah>e of the Property in which the fade madaet value of the Property immediately before the partial taking; destractiov, or loss in value is equal to or greater than the amount of the stems sectored by this Security Instrument immediately before the partial takin& 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 Miscellaaeouus 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 marl¢t value of the Property immediately before the partial takisig, d r ction, or loss in value. Any balance shall be paid to Bonvwe•. In the event of a partial tddn& destruction, or loss in vainer of the Property in which the fair market value of the Property immediately before the partial taking, deshvction, or loss in value is less than the amount of the sums secured immediately before the partial bddn& destruction, or loss in vabu% unless Bomawer and Lender otherwise agree in wntm& the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or iffy after notice by Lender to Harrower that the opposing Party (as deed in the text seateace) offers to make an award to settle a edam for dam em Harrower falls to respond to Lender within 30 days a8erthe date die notice is given, Leander is authorized to collect and apply the Miscelt®enns Proceeds either to resbmafion or repair of the Property or to the sums secured by tiffs Security Instrument; whether or not then due. 'Opposing Path' means the third party drat owes Borrower h iscellaneons Proceeds or the party against whom Borrower has a right of action in regard to Mlscellancous Proceeds. Borrower shall be in default if any action or proceeding, wht&W M or exlmbA is began ti)at in Lenders judgment could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under ibis Seem* Instrument. Borrower can are such a default and, if acceleration bas ocarred, reiasmte as provided in Section 19, by causing the action or proceeding to be dismissed with a ridding that, in Lender's judgment prechldes forfeiure of the Property or other material impairment of Lender's irtetest in the Prop" or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Leaders interest m the Property are hereby assigned and shall be paid to Lender. Ali Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 1 12. Borrower Not Released; Forbearance By Lender Not a Walver. Falension of the time for payment or modification of amortization of the sums secMed by this Security Instrument granted by Lenda to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower of dry Successors in Interest ofBonower. Lender shall not be reiquire d to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization PENNSYLVANIA-Single Family-FanoleMae/FreddieMa UNWORKUOTRRUMF.WT Form 3039IM mralaoee. rtEM27"S FW1)-MER9 (AW"Of"Ma) To oww CI 1t 14106411"M Page 11 of 16) 0 0 of the suns secured by this Security Instrument by reason of any dcmam made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability, Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security lnshumcut only to mortgage, grant and convey the co-signr's interest in the Property under the term of this Security Instrmmmt; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Fender and any other Borrower can agree to extend, modify, forbw or make any accommodations with regard to the teams of this Security Instrument or the Note without the co-signer's consent Subject to the provisions of Section IS, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lendey shall obtain ail of Borrower's rights and benefits index this Security Instrument. Borrower shall not be released from Borrower's obligations and IW Aity under this Security Instrvmerrt unless Lender agrees to such release in writing. The covenants and agreements of this Security Instunawt shall bind (except as provided in Section 20) and benefit the successors and assigns of Leader. 14. Loan Charges. Lender may charge Borrower Eves for services performed in connection with Bmrower's default, for the purpose of protecting Lender's interest in the Property and tights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. ]n regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition as the charging of such fee. Lender may not charge fees that are expressly pmbibited by this Security Instument or by Applicable Law. If the Loan is subject to a law which sets maximma loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any soma already collected from Borrower which exceeded permitted (art#s will be refunded to Borrower. Lewder may choose to make this re5md by reducing the principal owed hinder the Note or by making a d act payment to Borrower. if a refund reduces prmeipal, 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 ofany such re8md made by direct payment to Borrower will consdiato a waiver of any right of action Borrower might have arising out of such overcharge. 11 Ned es. All notices given by Borrower or Leader in connection with this Security Instrument must be in wdtbug.Anyn flee to Borrower inconnectimwbhtbis Sectaity I=humma dAbe deemedio bmbeengim to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means Notice to any one Borrower shall constitute notice to all Bacawcas unless Applicable Law expressly requires otbetwise. The notice address shall be the property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Leader of Borrower's change of address If Lender specifies a proceftm forrepottiog Bommerr's change of addrm% thm Borrawershall only report a change of address through that specified pracedum Thine may be only one mated notice address under this Security Imtnmcot at any ono times Any notice to Lender shall be giveaby delivectag it orby marling it by fnst cis nail to Lender's addrear stated be= unless Leader has designated another address by notice to Borrower. Any wuce m connection with this Security Instrument shall not be deemed to have been given to Leader until *dually received by Leader. If any notice required by this S=uAy Instrument is also regwmd under Applicable Law, the Applicable Law requirement wiR satisfy the corre pondmg requirement under this Secumty Instrument. I& Governing Lim; SevwabWq; Roles of Cmatructiao. This Security Imbrumeni shall be govemed by federal law and the law of the jurisdiction in which The Properly is lasted. All rights and obligations PF1a4MVAMA-4mgte FwnHy-Fs ude Mae/lledde Mae UNIFORM INSTADMIM Boren 3139 ]101 aarlaee?? ite?r r7sce.ro psmt-oars (Page 10 of 14pari) re o?axea t eau seaaarrra ,age 12 of 16) i • contained in this Security Instrument are subject to nay requirements and Hmhd= of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by coubact or it might be silent, but such silence shall not be construed as a probibition 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 &Md other provisions ofthis Security Instrument or the Note which can be given effect without the conflicting provisim As used in this Serenity Instrument (a) words of the masculine gander shall mean and include corresponding neuter wards or wards of the feminine geoder•, (b) words m the siogular shall mean and include the plural and vice versa; and (c) tin word "may" gives sole discretion without any obligation to talon any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Imshament. IS. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "brterest in the Property" mesas any legal or beneficial merest in the Property, iwlu&ng, but not limited to, tbvse beneficial interests transferred in a bond for deed, contract for decd, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at s future date to a purchaser. If all or zany part of the Property or any Interest in the Properly is sold orttansfl;aed (or if Borrower is not a natural peru m and a beneficial interest in Borrower is sold or trmsfered) without L=dcr's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, iris option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Leader exercises this option, Lender shall give Borrower notice of aeoeeratioa. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section is within which Borrower must pay all sums secured by this Security Instrument. I€B=uwer fails to pay these sums prior to the oq iration of this period, Leader may invoke any remedies permitted by this Security instrument without farther notice or demand on Borrowed: 19. Borrower's Right to Reinstate After Aeealeration. 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 pmmant to any power of sale coat door. in ibis Smuity Instrument; (b) such other period as Applicable Law might specify for the termination of Bo ower's right to reinstate; or (e) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) area any defank of any other covenants or agreements, (c) pays all expanses incurred in enforcing this Security Instrument, inchuding, but not limited to, reasonable attomeys' fees, property inspection and valuation foes, and other fees incurred for the purpose of protecting Lender's interest in. the Property and rights under this Security Instrument; and (d) takes sash action as Leader may reasonably require to assure that Lender's interest in the Properly and rights under this Security Instrmmwm and Borrower's obligation to pay the sumps secured by this Security Instrument, shall continue >mdlianged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Leads: (a) cash; (b) money order, (e) certified check bank check, trrastreez cheek or cashier's check, provided any such check is drawn upon an institution whom deposits we insured by a federal agraey, instrumentality or entity. our (d) Electronic Funds Transfer. Upon reinstatement by Bonower, this Security Instrument and obligations secured hereby shall remain fully effective as if m acceleration had occurred However, this right to reinstate shall not apply m the cane of aaxlaration under Section 18. 20. Sale of Rote; Change of Loan Servicer; Notice of Grimace. The Note or a partial fnteest in the Note (together with this Security Instrument) can be sold one or mere times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan ServioeO that collects Periodic Payments due under the Note and this Security Instrument and perform 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 Servic er unrelated to a sale of the Note. If there is a ebeuge of the Loan Servider, Bower will be given written notice of the change which will state the name and address of the new Loan Service, the address to which payments should be made and any other information RESPA requires in connection with a notice of traofir of servicing. If the Note is sold and thereafter the Loam is serviced by a PellTtsx[.vAN1A Seale ramtty-.sink Affiw Yr<ade Mat nNmorur msTalanaUM Ames 30M un aadO." ' REM rmasr (esm}-e?mda (PUae 11 of llpaaes) noaarait 1.009 .6m ;Page 13 of 16) 0 • Loan Servicer other than the purchaser of die Note, the mortgage loan servicing obligations to Harrower 'M remain with the Loan Setvicer or be transt3xted to a successor Loan Sevicer and are not assumed by the Nate purcha w unless otherwise provided by the Note purobaser. Neither Harrower Tw Leader may commence, joh or be joined to any judicial action (as aid= an individual litigant or the member of a. class) that arises fiom the other party's actions parsooct to iris Security Instrument or that alleges that the other party has breached any provision o4 or any day owed by reason ciy this Security Instrument, until such Borrower or Leader has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged branch 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 fur purposes of ibis paragraph. The notice of acceleration and opportunity to care given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section I g shall be deemed to satisfy the not= and opportunity to talc corrective action provisions of this Section 20. 21. liasardons Substances. As used in this Section 21: (a) `Hazardous Substances ate those substances defined as toxic or hazardous substances, pollutants, or wastes by Fmvinonmer al Law and the following substances: gasoline, kerosene, other flammable or toxic petrola® products, toxpa pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Fstvinoamedal Law' means federal laws and IK= of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (e) "Euvuunmental Cleaunpr includes any response action, remedial action, or removal action, as defined in Favin3nmental Law; and (d) an "Environmental Condition means a condition that can cause, contribute to, or otherwise trigger an Environmental Clamp. Boaowea shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything atfxting the Property (a) that is in violation of any BmvkmnenW Law, (b) which creates an Ruvirontaemtal Condition, or (c) which, due to the presence, use, or release of a Ham Substance, creates a condition that adversely affects the value of the Property. The precediag two sentences shall not apply to the presence, use, or storage on the Property of small queaddes of Hazardous Substances that are generally recognand to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited tN hazardous substances in consumer products} Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other scum by any governmental or reodato y agency or private party involving the Property and any Hazardous Substance or Ravinvnonmtal Law of which Borrower has actual knowledge, (b) any Environmental Coalition, inclodmg but not limited to, any spilling, leaking, dischum release or threat of release of my hazardous Substao and (c) any condition caused by the presence, use or release of a flamrdoas Substance which adversely ai£xts the value of the Property. If Borrower learns, or is notified by ens` governmental or regulatory authority, or any private party. that any removal or other remediation of any Hazardous Substance affixting the Property is necessary, Borrower shall promptly toloe all necessary remedial actions in accordance with Envuummental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-tiNNMORM COVENANTS. Borrowerand Lender thrWer covenant and agree as follows: It 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 19 unless Applicable Law provides othenuice). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default, (c) whoa the default must be cured; and (d) that failare to core the default as specified may result in acceleration of the soma secured by this Seauity Instrument foreclosure by judicial proceeding and sale of the Property. Lander shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-e dstence 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 fall of all some secured by this Security Instrument without Ph'MMVAMA-3w& FuW"annhMadFreddle MaeUNWOBMINSrRi)MENT Form 3039 IM MMZMMUMO1)-MFR8 (AW 12 q(II pales) To oedro.a t4orae 4 M ;Page 14 of 16) 0 further demand and may foreclose this Security instrrrmea by judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided In this Section 22, including, but net limited to, attorneys' fees and costs of We evidence to the ertent permitted by Applicable law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instr=ent 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 cbarge Borrower a fee for releasir)g 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 Lam. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any e= or defects is pmrxeddmgs to enforce this Security Instrument, and hereby waives the benefit of any present or fixture laws providing for stay of execution, exbtadon of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided is Section 19 shall extend to one hour prior to the commeacmxnt of bidding at a sherif's sale or other sale puranot to this Soeudty Instrumeot. 26. Purchase Money Mortgage. If any of die debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreelosure shall be the rate payable from time to time under the Note BY SIGNING BELOW, Borrower accepts and agrees to the berms and covenants contained in pages I through 14 of this Security Instrument and in any Rider executed by Borrower and recorded with it 12YI Y M AN -} .&/D01MW W. MORG J - j -Boao~ "Bouraw" -Borrower -Baffroww Witness: 2- Witness; PE1VP73YLVANFA-Singts Femay-*=m MadFreddle Mae UNMRM QiMUMMW Form3a[-09 Uel tIE427e0?1?t ({,.,p,Gr }-YHn9 (Page 13 of l4page) To CKWO R I-8004014 M 3 o02 le Prepared by/Return to: Stern and Eisenberg, LLP 261 Old York Road Ste. 410, The Pavilion Jenkintown. PA 19046 ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Calusa Investments, LLC, having its principal place of business at 14040 Park Center Rd., Ste. 300, Herndon, VA 20171, in consideration of Ten an 00/100 ($10.00) dollars and other good and valuable consideration, hereby sells, assigns and transfers to HSBC Mortgage Services, Inc. all interests in that certain mortgage dated 10/26/2006 signed by Mary Morgan and Donald W. Morgan, Jr. to "MERS" as nominee for Calusa Investments, LLC. Said mortgage is recorded as of 11/8/2006 in the Office for the Recorder of Deeds in and for Cumberland County, Bk. 1972 Pg. 1356, $105,000.00 against the following described property: 124 South Enola Drive, Enola, PA 17026 SEE ATTACHED LEGAL DESCRIPTION Parcel # 09-15-1291-132 IN WITNESS WHEREOF, the said Assignor has duly executed this Assignment this j3 day of 2011. ASSIGNOR: Mortgage Electronic Registration Systems, Inc. ("MERS") as nominee for Calusa Investments, LLC BY: vP ?"Yl-- AriEV va ne State of FX County of On this, the 13 day of , 2011, before me, the undersigned officer, personally appeared A+414 NE to me known, who acknowledged himself/herself to be the of the corporation therein named, and acknowledged to me that such, executed the within instrument. Given under NOTARY I hereby ce Depew, NY Assignee hand and official seal this da of .J , 2011 SIINTlf1(h7 AY ce?t?;?S,etJ UO Sd7C08 ,I xoe: EXPIRES -)e¢daun r Ii, 2013 t C rs N-IRd't?_V BonredThruteanrnbiicUnuto"mriid the precise address of the within Assignee is 2929 Walden Ave., == T-302 P0005/0017 F-074 12-30-'10 32:59 FROM: el/16/2802 14:55 2168878308 BROKERS SETTDfW PAGE 04 EXHIBIT A ALL THAT CERTAIN LOT OF GROUND SITUATE IN EAST PENNSBORO TOWNSHIP, COUNTY OF CUMBERLAND ANO STATE OP PENNSYLVANIA, BOUNDED AND'DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE EAST SIDE. OF A PUBLIC ROAD, FORMERLY KNOWN AS THE STATE ROAD, NOW NAMED THE ENOLA DRIVE, AT THE INTERSECTION OP THE SOVTHORN PROPERTY LLNE OF PROPERTY NOW OR FORMERLY OF GEORGE T. GRAMMER. ET UX WITH THE SAID ENOLA DRIVE; THENCE EASTWARDLY AND THROUGH THE CENTER OF A PARTITION HALL 0ETNEEt1 DEWLLING ON LOT HEREBY CONVEYED AND DEWLLING ON LOT ADJOINING ON THE NORTH, A DISTANCE OF ONE HUNDRED TWENTY-FIVE (125) FEET TD A POINT ON A PROPOSF.O FIFTEEN (1S) fEET ALLEY, TO BE KNOWN A$ FIRST ALLEY: THENCE SOUTHWARDLY, ALONG THE WESYERN tINE OF SAID P1104SED ALLEY, TWENTY-FIVE (25) FEET TO A STAKE: THENCE MRSTWAROLY ALONG LAND NOW OR FORMERLY OF SAMUEL R. SPONG, A DISTANCE OF ONE HUNDRED TWENTY-FIVE (125) FEET TO A STAKE ON THE EAST LINE OF SAID ENOLA DRIVE; THENCE NORTilwARDLY TWENTY-FIVE (a) POT ALONG THE EASTERN LINE OF SAID ENDLA DRIVE, TO A POINT, THE PLACE OF BEGINNING. HAVING YHEREOR ERECYEb A TWO STORY FRAME AND BRICK ONELLING KNOWN A5 124 SOUTH ENOLA DRIVIE. TAX PARCEL ZD: 09-I5-1291-1132 AbORESS: 124 SOUTH ENOLA DRIVE EHOLA, PA 57025 b00K FACE ?? ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201103021 Recorded On 1/25/2011 At 9:12:06 AM * Total Pages - 3 * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 80993 User ID - JM * Mortgagor - MORGAN, DONALD W JR * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - STERN & EISENBERG * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $23.50 $11.50 $10.00 $2.00 $3.00 $50.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA Cf cy ? ,O RECORDER O /D; rDS rrso * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. iii?iu 1111111111111111111111111 ALL THAT CERTAIN lot of ground situate in East Pennsboro Township, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the East side of a public road, formerly known as the State Road, now named the Enola Drive, at the intersection of the Southern property line of property now or formerly of George T. Grammer, et ux with the said Enola Drive; thence Eastwardly and through the center of a partition wall between dwelling on lot hereby conveyed and dwelling on lot adjoining on the North, a distance of One Hundred Twenty-five (125) feet to a point on a proposed Fifteen (15) feet alley, to be known as First alley; thence Southwardly, along the Western line of said proposed alley, Twenty-five (25) feet to a stake; thence Westwardly along land now or formerly of Lemuel R. Spong, a distance of one hundred twenty-five (125) feet to a stake on the East line of said Enola Drive, thence Nothwardly Twenty-five (25) feet along the Eastern line of said Enola Drive, to a point, the place of BEGINNING HAVING thereon erected a two story frame and brick dwelling known as 124 South Enola Drive. TAX PARCEL ID: 09-15-1291-132 ADDRESS: 124 South Enola Drive Enola, PA 17025 SUBJECT to the reservations, restrictions, exceptions, easements, building lines and conditions as set forth in prior instruments of record in chain of title. STERN AND EISENBERG, LLP 410 THE PAVILION 261 OLD YORK Roan JENKINTOWN, PA 19046 (215) 572-8111 Date: January 7, 2011 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE 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 MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDEEM R SU HIPOTECA. HOMEOWNER'S NAME(S): Mary Morgan and Donald W. Morgan, Jr. PROPERTY ADDRESS: 124 South Enola Drive, Enola, PA. MAILING ADDRESS: 124 South Enola Drive, Enola, PA 17026 Donald: 10 Annette Drive, Enola, PA 17025 LOAN ACCT. NO.: 0015877848 ORIGINAL LENDER: "MERS" as nominee for Calusa Investments, LLC CURRENT LENDER/SERVICER: HSBC Mortgage Services, Inc. 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 STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this Notice. 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 THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. PJess\ACTNotices\HSBC-Morgan Cumberland 1-7-11.doc 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.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- 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. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 124 South Enola Drive, Enola, PA. 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: J:Uess\ACT Notices\HSBC-Morgan Cumberland 1-7-11. doe Monthly payments of $994.11 ($863.81 + $130.30 escrow) due on August 1, 2010 through and including January 7, 2011, in the amount of .........................$5,964.66 Other charges (explain/itemize): Late charges: ......................... Fees billed ............................. Other charges (explain)......... ........................................ $259.10 ........................................ $50.00 ........................................ $0.00 TOTAL AMOUNT PAST DUE: .................................................... $6,273.76 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT --You may cure the default within THIRTY-THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,273.76, PL US ANYMORTGAGEPAYMENTSAND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: Stern & Eisenberg, LLP The Pavilion 261 Old York Rd., Suite 410 Jenkintown, PA 19046 215-572-8111 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgalZe debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE 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 reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due, plus any late or other charges then due J:Uess\ACTNotices\HSBC-Morgan Cumberland 1-7-1l.doc reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) 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: Name of Lender Address: Phone Number: Contact Person: HSBC Mortgage Services, Inc. 2929 Walden Avenue Depew, NY 14043 1-800-333-5848 x 3888 Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) J:Uess\ACT Notices\HSBC-Morgan Cumberland 1-7-11.doc * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY.OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN & E NBERG BY: rn & Eisenberg, LLP VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL J: Jess1ACTNotices\HSBC-Morgan Cumberland 1-7-11. doe NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. J:Uess\ACT Notices\HSBC-Morgan Cumberland 1-7-11.doc 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 Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800-342-2397 J:Uess\ACT Notices\HSBC-Morgan Cumberland 1-7-11.doc t COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW STEVEN K. EISENBERG, ESQUIRE STERN AND EISENBERG LLP The Pavilion 261 Old York Road, Suite 410 Jenkintown, PA 19046 (215) 572-8111 I.D. #75736 HSBC Mortgage Services, Inc. V. Mary Morgan and Donald W. Morgan Defendant(s) z - _nm i cs ? _j oC) o Zo xs o? N Civil Action Number: 11-3540 MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, STEVEN K. EISENBERG, ESQ., attorney for the within Plaintiff, hereby certify that notice of the Sheriff's Sale was mailed to the Defendants by certified mail, return receipt requested on July 5, 2011 I further certify that notice of the Sherif4s Sale was mailed to each lienholder by regular, \ first-class, postage prepaid mail on July 5, 2011, as evidenced by copy of certificates of mailing attached. STERN AND EISENBERG LLP TEVEN K. EISENBERG Attorney for Plaintiff 7/5/11 a`T! m ' b+A ? ? N O Q O z '-r b ?a Cd C., I o QoW '? mrn m d? my m }} m LL LLm LLm LL '?%Ya d m m m m 0 °? ; Q Rd U Q c O c ? ,? 2 ?N cm vm m gE mE o ;QO ;d 2W QW ? ? ?yq ;? 9955 fi6TU 2000 060E OTIL r L, e ? m m ^? Q cC N ?. I 0 o I bQ W "" O-S . ? 0 oo CT 0 N >~ m lL LLm LLm p .. d m mm m m a0 r au+¢ Q ae .v .o .d U ?m Dm y gE mE o .2Z ;N x ;p ;m roN LL y U QO yO m ' o o co `L ~ 'mO'UJ O 'p m w ¢w ; G 4 CO A, ;U 5655 WEIR 2000 060E OTT. 10 91706 6 3000 dIZ W02lJ LIOZ 50 inn, Z8L8 06700 $ S3NkOG ABNlid? C -o -? r o g z A w N O "D oo --1 D, ? A w N C tc c -' c V D w ? n X ? m ? C z •' n ? CD ?y ? `C ? CD O O CD O ? ?: o CD a p a? o o CAD Iv cn CD (D CD CD 0 m C7 < y o 1 r r ?1 O d' n cV CD -1 C7 m O b7 ti w CD '* o ? W 0 O `? ?'„ ? ? C O ? c<D C<p a p -h CD m J to a o ? o b .r ? ? 0 0 o a a a, O CN N coo 'D = CD n < CD `L7 A ro O .y 0 p X CD 00 N C O .f " N CD v fD w ? C O C D ?' x Q CD ?y w ? C7 b • c in' J o ? W 0 Jolt D w S c D O ¢ N O W Oo O C N O_ J 1A 0 :._ 3IIdiv 06000 d l Z O Z 0 a y y a II ? ?C RD A y ? a b < OO A 0 R/ 6-4 ,?b'?sod sal'?y? ti Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 10,11'r- Qt cittpb"'144 Y? OFFICE OF TrF $' ERtFF F l,E- 77 p ? ? ?ia? r ? vt U` ENNSY VAtgi,A HSBC Mortgage Services, Inc. vs. Mary Morgan (et al.) Case Number 2011-3540 SHERIFF'S RETURN OF SERVICE 06/30/2011 06:37 PM - Deputy Dennis Fry, 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 124 South Enola Drive, Enola, PA 17025, Cumberland County. 06/30/2011 04:41 PM - Deputy Dennis Fry, 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 Donald Morgan Sr. Father, whc accepted as "Adult Person in Charge" for Donald W. Morgan at 10 Annette Drive, East Pennsboro Township, Enola, PA 17025, Cumberland County. 07/05/2011 06:01 PM - Deputy Amanda Cobaugh, 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: Mary Morgan at 124 S. Enola Drive, East Pennsboro Township, Enola, PA 17025, 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 Steven Eisenberg, on behalf of, HSBC Mortgage Services, Inc., of, 2929 Walden Avenue, Depew, NY 14043 being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $932.83 October 11, 2011 SO ANSWERS, 4RONR- I SHERIFF'S OFFICE OF CUMBERLAND COUNTY (C) Coon'ySulte Sherdl, Teleosoft. lnc- On June 7, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro, Cumberland County, PA, Known and numbered as, 124 South Enola Drive, it Enola, more fully described on Exhibit A fed with this writ and by this reference, incorporated herein. Date: June 7, 2011 By: Real Estate Coordinator WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3540 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC MORTGAGE SERVICES, INC. Plaintiff (s) From MARY MORGAN AND DONALD W. MORGAN (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 $110,288.79 L.L. $.50 Interest FROM 5/28/11 AT THE PER DIEM OF $26.61 UNTIL JUDG. IS PAID IN FULL Atty's Comm % Atty Paid $206.50 Plaintiff Paid Date: 5131111 (Seal) REQUESTING PARTY Due Prothy $2.00 Other Costs D. Buel , Prothonotary By: Deputy Name: STEVEN K. EISENBERG, ESQUIRE Address: 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PA 19046 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 75736 TRUE COPY '=RO J, RECD In Testimon, .Alhe,sc :into set"~ and the sepl of 7a`.•' 1 aH a *'arlisle, 'P. Ttds 3?sr day of Z?&q , 2Q.... Prothonct11 y CUMBERLAND LAW JOURNAL Writ No. 2011-3540 Civil HSBC Mortgage Services, Inc. VS. Mary Morgan Donald W. Morgan Atty.: Steven Eisenberg BEING the same premises which Donald W. Morgan, Jr., by Deed dat- ed January 16, 2002, and recorded January 23, 2002, in Book 250, Page 504, granted and conveyed unto Don- ald W. Morgan, Jr, and Mary Morgan, Husband and Wife, in fee. PARCEL NO. 09-15-1291-132. ALL THAT CERTAIN lot of ground situate in East Pennsboro Township, County of Cumberland and State of Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point on the East side of a public road, formerly known as the State Road, now named the Enola Drive, at the intersection of the Southern property line of property now or formerly of George T. Gram- mer, et ux with the said Enola Drive; thence Eastwardly and through the center of a partition wall between dwelling on lot hereby conveyed and dwelling on lot adjoining on the North, a distance of One Hundred Twenty-five (125) feet to a point on a proposed Fifteen (15) feet alley, to be known as First alley; thence South- wardly, along the Western line of said proposed alley, Twenty-five (25) feet to a stake; thence Westwardly along land now or formerly of Lemuel R. Spong, a distance of one hundred twenty-five (125) feet to a stake on the East line of said Enola Drive, thence Northwardly Twenty-five (25) feet along the Eastern line of said Enola Drive, to a point, the place of BEGINNING HAVING thereon erected a two story frame and brick dwelling known as 124 South Enola Drive. TAX PARCEL ID: 09-15-1291- 132. ADDRESS: 124 South Enola Drive, Enola, PA 17025. SUBJECT to the reservations, restrictions, exceptions, easements, building lines and conditions as set forth in prior instruments of record in chain of title. 49 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. i a Mari e Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 9 da of July, 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 Jht PNow you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 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 LU\V Sworn n subscribed befor Mg,,, is *d_,ay of August, 2011 A. D. Notary Public COMMONWEALTH Ur 1`0142 Notarial Seat Sherrie L. Kisner, Notary Public Lower Paxton Twp., Dauphin County My Comrnhalon E)Ores Nov. 26, 2011 Member, PennsAvanla Association of Notaries 07/22/11 07/29/11 201144 CIO T*" HSW MWOMP SWAC^ b,c. VS _ 1DoMW n Atty.8lmnrwn EWnbwV ALL THAT CERTAIN lot of ground situate in East Pennsboro Township, Pena ylvambounded and described as follows, to wit: BEGINNING at a point on the East side of a public road, formerly known as the State Road, now named the Em" Drive, at the int mcdo Af the Soadrera luny U. of property Ww oc ice" of George I GrxmsW, eEUwd1 the erid Faob Drive; *em EaOwirdiy and through the center ofa partjdMwall between dwelling on Sot hereby wmpd and dwelling on lot adjoining on the North, a distance of ,One Hundred 1wenty-five (125) feet to a point on a proposed Fifteen (15) feet alley, to. be known as First alley; thence Southwardly, along the western line of said proposed alley, liventy-five (25) feet to a stake; thence westwardly along land now or formerly of Lemuel R. Spong, a distance of one hundred twenty-five (125) feet to a stake on the East fine of said Enola Drive, thence Northwardly liventy-five (25) feet along the Eastern lime of said Enola Drive, to a point, the place of BEGINNING HAVING thereon erected a two story frame and brick dwelling known as 124 South Enola ]hive. TAX PARCEL ID: 09-15-1291-132 ADDRESS: 124 South Enola Drive Enola, PA 17025, sUBJECf to the reservations, restrictions, exceptions, easements, building lines and conditions as set forth m prior instruments of record in chain of title. BEING the same premises which Donald W. Morgan, Jr., by Deed dated Jamuq 16, 2002, and recorded January 23, 2002, in Book 250, Page`504, granted and conveyed unto Donald W. Morgan, Jr. and Mary Morgan, Husband and Wife, in fee. PARCEL NO. 09_15-1291-132. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which HSBC Mortgage is the grantee the same having been sold to said grantee on the 7th day of September A.D., 202011, under and by virtue of a writ Execution issued on the 31st day of May, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 3540, at the suit of HSBC Mortgage Services Inc. against Mary Morgan and Donald W. Morgan is duly recorded as Instrument Number 201128260. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. of Deeds 3eco?der of Dk6ft Cunbedand County, Cei ice, PA My Commission Expires the Fret Monday of Jan. 2014