HomeMy WebLinkAbout11-7949Vincent T. Cieslik, Esq. (85500)
Conrad O'Brien Gellman & Rohn P.C.
1515 Market Street, 16th Floor
Philadelphia PA 19102-1916
(215) 864-9600
11UH0 1A,
for Plaintiff
011 CECT 19S Jiffoi@cial Corp.
"T!lBERLAND COUNl"
`
11 'EHNSYLVANIA,
SLM FINANCIAL CORPORATION, by
and through its Nominee Mortgage
Electronic Registrations Systems, Inc.
Plaintiff
V.
ANTHONY OWENS II,
Defendant
PENNSYLVANIA COURT OF COMMON
PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.: 11--- 4 q ' -Lv !
NOTICE TO DEFEND
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. If
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE
YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
Lawyer Referral Service and Information
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
AVISO
Le ban demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas
siquientes, usted tiene veinte (20) dias de plazo al partier
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asentar una comparencia escrita o en persona o con un
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corte puede decidir a favor del damandante y requiere
que usted cumpla con todas las provisioner de esta
demanda. Usted puede perder dinero o sus propiedades
o 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 0 LLAME PORTELEFONO
A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO
PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA
LEGAL.
Asociaci6n de Licenciados de Cumberland
Servicio de Referencia E Informacibn Legal
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
& 6b Pd 0*1
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I2A-aec9 1 sy
Vincent T. Cieslik, Esq. (85500)
Conrad O'Brien Gellman & Rohn P.C.
1515 Market Street, 16th Floor
Philadelphia PA 19102-1916
(215) 864-9600
SLM FINANCIAL CORPORATION,
by and through its Nominee Mortgage
Electronic Registrations Systems, Inc.
Plaintiff
V.
Attorney for Plaintiff
SLM Financial Corp.
PENNSYLVANIA COURT OF COMMON
PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO..
ANTHONY OWENS II
Defendant
FORECLOSURE COMPLAINT
Plaintiff, SLM Financial Corporation by way of Foreclosure Complaint says:
Plaintiff SLM Financial Corp. is a residential and commercial financing
institution licensed to conduct business in the Commonwealth of Pennsylvania.
2. SLM's principal place of business is located at 6000 Commerce Parkway, Suite
A, Mt. Laurel, NJ, 08054.
3. Defendant Anthony Owens II ("Owens" or "Defendant"), is the owner of the
property located at 1 Chester Rd, Enola, PA 17025-2076, known as Parcel No. 9-14-834-225. (A
true and correct copy of the legal description of the property is attached herein as Exhibit "A")
4. On or about September 29, 2006, Owens did execute and deliver to SLM a
Promissory Note ("Note"), by and through its Nominee, Mortgage Electronic Registrations
Systems, Inc. (hereinafter "Plaintiff' or "SLM") in the amount of one hundred thirty-two
thousand seven hundred and twenty dollars and no cents ($132,720.00), promising to repay at a
rate of 7.625% per annum, with a monthly payment including principal and interest of nine
hundred thirty nine dollars and thirty-eight cents ($939.38). (A true and correct copy of the
promissory note is attached herein as Exhibit `B"). The first payment was due on November 1,
2006, with payments made on a monthly basis until the loan was paid in full. Id. at ¶ 3.
5. Owens agreed to pay the loan in full by October 1, 2036, known as the maturity
date. Id. at ¶ 3.
6. The Note, which is incorporated into the Mortgage, provides, inter alia the
following:
a. If the Note Holder has not received the full amount of any monthly payment
by the end of 15 calendar days after the date it is due, a late charge of 5%
would be charged. Id. ¶6 (A)
b. If full payment is not received each month, the loan will be considered in
default. Id. ¶6 (B)
c. If the Note is in default, the Note Holder may require immediate payment of
the full amount of the Principal balance of the Note. Id. at ¶6 (C)
7. To secure the repayment of the loan, Owens executed and delivered to SLM a
Mortgage in the amount of one hundred thirty-two thousand seven hundred and twenty dollars
and no cents ($132,720.00), and thereby conveyed in fee the land and Property to SLM on the
condition that said conveyance should be void if payment is made at the time and in the manner
described in the Note. (See a true and correct copy of the Mortgage attached herein as Exhibit
«C„ ).
8. The Mortgage was duly recorded on the 5th day of October 2006 under Book
1968, page number 2582, in the Office of the Recorder of Deeds of Cumberland County.
9. On or about August 15, 2009, SLM and Owens agreed to a Loan Modification
Agreement which extended the maturity date from October 1, 2036 to August 1, 2049. (A true
and correct copy of the Loan Modification is attached herein as Exhibit "D"). The Loan
Modification Agreement was duly recorded on the 1 st day of October 2009 as Instrument
Number 200933866.
10. On February 1, 2011 Defendant defaulted on the Note by failing to make timely
payments.
11. As a result of the Owens' failure to make the above payments, on February I",
and for each of the following months of March, April, and May, SLM did notify Owens of its
intention to foreclose Defendant's interest in the property should Defendant fail to make all
payments due and owing. (A true and correct copy of the demand letter is attached herein as
Exhibit "E"). Said notice also constituted demand for prompt payment upon thirty days' written
notice, pursuant to paragraph 6 (C) of the Note.
12. The Notice was sent to Owens more than thirty-one (31) days prior to the date of
filing the complaint.
13. At the time of the notice there was due and owing to SLM the sum of $4,502.46
representing the principal and interest due as of May 17, 2011.
14. SLM seeks judgment against Owens for any and all principal and interest, late
fees, attorney's fees, or costs related to Owens' breach, violation, and/or default under the terms
of the Note and Mortgage, including but not limited to the sums outlined in paragraph 20 below.
15. In addition, SLM may be obligated to make advances for the payment of taxes
and other necessary expenses, while this action is pending, to preserve the security and such
sums, with legal interest. Pursuant to paragraph 9 of the Mortgage, said advances shall be added
to the Judgment.
16. In addition, SLM respectfully requests judgment against Owens foreclosing,
discharging and terminating any interest he may have in the Property, which are inferior and
subordinate to the mortgage and lien of SLM.
17. SLM requests that the Court order Defendant Owens' Property be sold at a
Judicial Sheriff's Sale, to be held by the Sheriff of Cumberland County, Pennsylvania for the
purpose of satisfying the amounts due and owing to SLM.
18. Finally, SLM is entitled to possession of the Property by virtue of Defendant's
above-referenced breach, violation and/or default under the terms of the Note and Mortgage.
SLM requests that Judgment be entered for possession of the Property in favor of SLM, its
successors and/or assigns, and/or the successful bidder at the Sheriff's sale.
19. The amount due and owing SLM as of October 12, 2011, by Defendants is as
follows:
Principal $128,158.43
Interest $4,296.96
Secondary Interest $3,062.23
Late Charges $280.63
Attorneys Fees
Title Search, Foreclosure and Execution
Costs $3,000
Other Fees/Charges $311.19
Escrow in Payoff $701.06
Escrow Balance $275.43
TOTAL $139,651.40
WHEREFORE, Plaintiff SLM Financial Corporation, by and through its Nominee
Mortgage Electronic Registrations Systems, Inc., demands judgment in mortgage foreclosure
against Defendant Anthony Owens, II for the amount due of $139,651.40 with interest thereon at
the rate of $24.07 per diem from October 12, 2011, and additional late charges, additional
reasonable and actually incurred attorney's fees, plus costs (including increases in escrow
deficiency) and foreclosure and sale of the mortgaged premises by the Sheriff of Cumberland
County, Pennsylvania.
CONRAD O'BRIEN PC
By: !V
Vi cent T. Cieslik, Esquire
Dated: October 17, 2011 Attorneys for Plaintiff SLM Financial Corporation
VERIFICATION
I, Joanne M. (Jackson) Miosi, hereby state that I am an employee of plaintiff SLM
Financial Corporation, where I am employed as the President. I and/or my employees and staff
have personally reviewed the Note, Mortgage, and other file documents pertaining to this loan,
including the accounts of the borrower, payment history, and the status of any paidAmpaid
amounts due and owing to SLM. I am authorized to take this Verification on behalf of Plaintiff
named in the instant action, and that the facts contained in the forgoing Foreclosure Complaint
are true and correct to the best of my knowledge, information and belief. I understand that I
make this verification subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn
falsification to authorities.
40anneMo iosi
1
CLSA File# 2914539
1 RR CHESTER RD
EAST PENNSBORO TWP (ENOLA), PA
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN EAST PENNSBORO
TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED, AS FOLLOWS:
BEGINNING AT AN IRON PIN ON THE NORTHERN LINE OF LOT NO. 8, SECTION A,
ON THE HEREINAFTER MENTIONED PLAN OF LOTS, 117.5 FEET WEST OF THE
WESTERN LINE OF CHESTER ROAD, ON THE SOUTHERN LINE OF A 15 FOOT WIDE
ALLEY; THENCE THROUGH LOTS 8 AND 9 SOUTH 09 DEGREES 30 MINUTES EAST,
95 FEET TO AN IRON PIN; THENCE ALONG THE NORTHERN LINE OF LOT NO. 10,
SOUTH 80 DEGREES 30 MINUTES WEST, 50 FEET TO AN IRON PIN; THENCE ALONG
THE EASTERN LINE OF A SECOND 15 FOOT WIDE ALLEY, NORTH 09 DEGREES 30
MINUTES WEST, 95 FEET TO AN IRON PIN; THENCE ALONG THE SOUTHERN LINE
OF THE 15 FOOT WIDE ALLEY FIRST AFORESAID, NORTH 80 DEGREES 30 MINUTES
EAST, 50 FEET TO A POINT, THE PLACE OF BEGINNING.
?x?
SEPTEMBER 29, 2006
[Date]
NOTE
owme
Loan #: 8570608056
hGN:100091085706080560
CAMP HILL
[City]
PENNSYLVANIA
[State]
CHESTER RD, ENOLA, PA 17025
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S. 5132,720.00 (this amount is called
"Principal"), plus interest, to the order of the Lender. The Lender is SLM FINANCIAL CORPORATION DBA
SALLIE MAE MORTGAGE. I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer
and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 7.625%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described
in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the 10T day of each month beginning on NOVEMBER 1, 2006. I
will make these payments every month until I have paid all of the principal and interest and any other charges
described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date
and will be applied to interest before Principal. If, on OCTOBER 1, 2036, I still owe amounts under this Note, I
will pay those amounts in full on that date, which is called the "Maturity Date."
I will make my monthly payments at 6000 COMMERCE PARKWAY SUITE A, MT LAUREL, NJ
08054 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. 59 3 9.3 8.
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are due. A payment of Principal only
is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I
may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note.
I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note
Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note
Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying
my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes
in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from me which exceeded permitted limits will be refimded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
payment to me. If a refimd reduces Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
MULTISTATE FIXED RATE NOTE -Single Family- Fannie Mae/Freddle Mae UR FORM INSTRUMENT
O_M 5.106 Page 1 of 3 Form 3200 1/01
t
8570606055
after the date it is due,1 will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my
overdue payment of principal and interest I will pay this late charge promptly but only once on each late payment
(B) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which
has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on
which the notice is mailed to me or delivered by other means.
(D) No Waiver By Note Holder
Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if I am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will
have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not
prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will
be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if I give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if
I am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all of us together. This means that any one of us may be required to pay all of the amounts owed under this
Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of
Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security
Instrument!'), dated the same date as this Note, protects the Note Holder from possible losses which might result if I
do not keep the promises which I make in this Note. That Security Instrument describes how and under what
conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of
those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of all sums
secured by this Security Instrument However, this option shall not be exercised by Lender if such
exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security
Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may
MULTISTATE FIXED RATE NOTE -Single Family-- Faauie Mae/FreddLe Mae UNIFORM INSTRUMENT
*?% 5.106 page 2 of 3 Form 3200 1/01
8570608056
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
CAUTION -- IT IS RAPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN
IT
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
SEP 2 9 2006
- BORROWER - ANTHONY OWN14S II - DATE -
[Sign 0rigin-1 Only]
MULTISTATE FIXED RATE NOTE -Single Family- Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
°1-'-W 5.106 Page 3 of 3 Form 3200 1A1
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FR
?! U iti. fs nC,
L.? N f) C o U r4 -
2006 OCT 5 An 11 19
After Recording Return To:
SLM FINANCIAL CORPORATION
DBA SALLIE NAB MORTGAGE
6000 COMMERCE PARKWAY SUITE
A
MT LAUREL, NJ 17070
(717) 774-9710
Prepared By:
STACY PAGER
SLM FINANCIAL CORPORATION
DBA SALLIE ME MORTGAGE
518 BRIDGE STREET
NEW CUMBERLAND, PA 17070
(717) 774-9710
Property Address:
1 CHESTER RD
ENOLA, PA 17,0225
PIN: 09 /V- 013V-Ot(Space Abovt This Line For Rest
MORTGAGE
DEFINITIONS
MIMS
Loan #: 857060BOSS
PIN:
MIN:1000910135706080560
Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated SEPTEMBER 29, 2006, together with
all Riders to this document.
(B) "Borrower" is ANTHONY OWENS II, meaRRIED. Borrower is the mortgagor under this Security
Instrument
(C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under
this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address
and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is SIX FINANCIAL CORPORATION. Lender is a CORPORATION organized and existing
under the laws of DELAWARE. Lender's address is 6000 COMMERCE PARKWAY STE. A, NT
LAUREL, NJ 08054.
(E) "Note" means the promissory note signed by Borrower and dated SBPTmoER 29, 2006. The Note
states that Borrower owes Lender ONE nuNDRED THIRTY-TWO THOUSAND SEVEN HUNDRED
TWENTY AND 00/100 Dollars (U.S. $132,720.00) plus interest Borrower has promised to pay this
debt in regular Periodic Payments and to pay the debt in full not later than OCTOBER 1, 2036.
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
PENNSYLVANIA-Single Family-Faank Mae/Freddie Mat UNIFORM INSTRUMENT
10'il 347.32 Page 1 of 13 Form 30391/01
61% 1968PG2582
8570608056
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
? Adjustable Rate Rider
O Balloon Rider
® 1-4 Family Rider
? Second Home Rider
? Biweekly Payment Rider
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(d) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(I) "Electronic Funds Transfer" means any transfer of finds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
M "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i)
damage to, or destruction oi, the Property; (ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(1) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA' refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
HERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns
of MERS the following described property located in the COUNTY (Type of Recording Jurisdiction) of
CUIMERLAND (Name of Recording Jurisdiction)
LEGAL DESCRIPTION ATTACHED HERETO AND KADE A PART HEREOF.
AHA BAST PENNSBORO TOWNSHIP
which currently has the address of 1 CHESTER RD, ENOLA, Pennsylvania 17025 ("Property Address"):
PENNSYLVANIASbWe Family-Fannie Mae/Freddie Mae UNIFORM INSIRUMFIVT
VA % 347.32 Page 2 of 13 Form 30391/01
? Condominium Rider
• Planned Unit Development Rider
• Other(s) [specify]
BK 1968PG2583
8570608056
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security
Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the
interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom,
MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of
those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any
action required of Lender including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay fiords for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if zny check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as selected
by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refiuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted If each Periodic Payment is applied as of its scheduled due date, then Lender reed not pay interest
on unapplied fiords. Lender may hold such unapplied fiords until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such fiords
or return them to Borrower. If not applied earlier, such fi>ods will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now
or in the future against Lender shall relieve Borrower from making payments due under the Note and this
Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due
under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be
applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be
applied first to late charges, second to any other amounts due under this Security Instrument, and then to
reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
PENNSYLVANIA-Single FamHy-Faanfe Maefflmddie Mae UNIFORM INSTRUMENT
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Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
the enforcement of the lien while those proceedings are pending, but only until such proceedings are
concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the
lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-time charge for flood zone determination and certifiction services and
subsequent charges each time remappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provide greater or lesser coverage than was previously in effect Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at
the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
PENNSYLVANIASinee Family-Famiy MaNFreMk Mae UNIFORM INSIRUMENT
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applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under Section
22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an
amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of
Borrower's rights (other than the right to any refimd of unearned premiums paid by Borrower) under all
insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property.
Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid
under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property
.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property
if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connectiob with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default i& during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or
failed to provide Lender with material information) in connection with the Loan. Material representations
include, but are not limited to, representations concerning Borrower's occupancy of the Property as
Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
PENNSYLVANIA-Single Family-Fanale Mae/Freddie Mae UNIFORM INSTRUMENT
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regulations), or (c) Borrower has abandoned the Property, then Lander may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to
protect its interest in the Property and/or rights under this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off. Although
Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Inshnffient. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel
the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the
ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge
unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the
Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. Ii; for any
reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer
that previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-
refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay
Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer
selected by Lender again becomes available, is obtained, and Lender requires separately designated payments
toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan and Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,
or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in
accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay
interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk an all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source of
funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
PENNSYLVANIA-Single Fatuity-Faaeie Mae/Freddie Mac UNIFORM INSIRUMENr
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any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides
that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to
the insurer, the arrangement is often termed "captive reinsurance." Further.
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - If any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or iL after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to
collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that
owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's j udgment, could result in forfeiture of the Property or other material impairment of Lender's interest
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of
Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim
for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned
and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all
of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted
so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refimded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will
be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
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Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall
be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender
has designated another address by notice to Borrower. Any notice in connection with this Security inert
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument
16. Governing Law; Severabflity; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the
event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such
conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision.
As used in this Security Instrument_ (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests t; ansferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part c Z the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender :nay require immediate payment in full of all sums secured by this Security
Instrument However, thi; option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument Those conditions are that
Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
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 such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following
forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's chock or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
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agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic
Payments due under the Note and this Security Instrument and performs other mortgage loan servicing
obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more
changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be made and any other information RESPA requires in
connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of; or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 1S) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law,
(b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by
any governmental or regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
Environmental Cleanup.
PENNSYLVANIA-Single Family-Fannie MadFreddre Mae UNIFORM INSTRUMENT
'v.% 347.32 Page I I of 13 Form 30391/01
8KI968PG2592
$570600056
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior
to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense
of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option
may require immediate payment in full of all sums secured by this Security Instrument without further
demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to
collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not
limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment
is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
SEP 2 9 2006
ORROWSR - ANMONY OWENB II - DATR -
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
0> 347.32 Page 12 of 13 Form 30391/01
8KI968PG2593
9570609056
ace Belau This Line For Aclmowled$nent
STATE OF * u^
COUNTY OF
On s tl day of ?/GCO before me,
41ccersigned officer, personally appeared
known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged that hc/she/they executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and
official seal.
' W--B- ' Ai'. ' ' K- H", i V`," "?:" i, ? ?P ?W*
anv M1 60m, G MyCWWWN 30t2M
CERTIFICATE OF RESIDENCE: I do hereby certify that the correct address of the within named Lender is
516 BRIDGE STREET, NEW CUKBERLAND, PA 17070 witness my hand this 29TH day of
SEPTElIDER, 2006.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
0-°`i 347.32 Page 13 of 13 Form 36391/01
BK l 968PG2594
14 FANULY RIDER
(Assignment of Rents)
oxWa
Loan#:8570608056
M1N:100091085706080560
THIS 1-4 FAMILY RIDER is made this 29TH day of SEPTEIMER, 2006, and is incorporated into and
shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument")
of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to SLm FINANCLAL
CORPORATION DBA SALLIE 101E MORTGAGE (the "Lender") of the same date and covering the Property
described in the Security Instrument and located at: 1 CHESTER RD, ENOLA, PA 17025 [Property Address].
14 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In
addition to the Property described in Security Instrument, the following items now or hereafter
attached to the Property to the extent they are fixtures are added to the Property description, and
shall also constitute the Property covered by the Security Instrument: building materials,
appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or
intended to be used in connection with the Property, including, but not limited to, those for the
purposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire
prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath
tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals,
washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and
curtain rods, attached minors, cabinets, paneling and attached floor coverings, all of which,
including replacements and additions thereto, shall be deemed to be and remain a part of the
Property covered by the Security Instrument. All of the foregoing together with the Property
described in the Security Instrument (or the leasehold estate if the Security Instrument is on a
leasehold) are referred to in this 14 Family Rider and the Security Instrument as the "Property."
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek,
agree to or make a change in the use of the Property or its zoning classification, unless Lender has
agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and
MULTISTATE 14 FAMILY RIDER -- Fannie MuJFreddie Mac UN FORM INSTRUMENT
32.34 (I oj3 pages) Form 31701/01
BK 1968PG2595
8570608056
requirements of any governmental body applicable to the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not
allow any lien inferior to the Security Instrument to be perfected against the Property without
Lender's prior written permission.
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in
addition to the other hazards for which insurance is required by Section 5.
E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted.
R BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in
writing, Section 6 concerning Borrower's occupancy of the Property is deleted.
G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall
assign to Lender all leases of the Property and all security deposits made in connection with leases
of the Property. Upon the assignment, Lender shall have the right to modify, extend or terminate
the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph
G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN
POSSESSION. Borrower absolutely and unconditionally assigns and transfers to Lender all the
rents and revenues ("Rents") of the Property, regardless of to whom the Rents of the Property are
payable. Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each
tenant of the Property shall pay the Rents to Lender or Lender's agents. However, Borrower shall
receive the Rents until (i) Lender has given Borrower notice of default pursuant to Section 22 of
the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be
paid to Lender or Lender's agent This assignment of Rents constitutes an absolute assignment and
not an assignment for additional security only.
If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be
held by Borrower as trustee for the benefit of Lender only, to be applied to the scans secured by the
Security Instrument; (ii) Lender shall be entitled to collect and receive Al of the Rents of the
Property; (iii) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid
to Lender or Lender's agents upon Lender's written demand to the tenant; (iv) unless applicable
law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to
the costs of taking control of and managing the Property and collecting the Rents, including, but
not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and
maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and
then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially
appointed receiver shall be liable to account for only those Rents actually received; and (vi)
Lender shall be entitled to have a receiver appointed to take possession of and manage the
Property and collect the Rents and profits derived from the Property without any showing as to the
inadequacy of the Property as security.
If the Rents of the Property are not sufficient to cover the costs of taking control of and
managing the Property and of collecting the Rents any funds expended by Lender for such
purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument
pursuant to Section 9.
Borrower represents and wan-ants that Borrower has not executed any prior assignment of
the Rents and has not performed, and will not perform, any act that would prevent Lender from
exercising its rights under this paragraph.
Lender, or Lender's agents or a judicially appointed receiver, shall not be required to
enter upon, take control of or maintain the Property before or after giving notice of default to
Borrower. However, Lender, or Lender's agents or a judicially appointed receiver, may do so at
any time when a default occurs. Any application of Rents shall not cure or waive any default or
invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall
terminate when all the sums secured by the Security Instrument are paid in frill.
1. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or
agreement in which Lender has an interest shall be a breach under the Security Instrument and
MULTISTATE 1-4 FAMILY RIDER - Fannie MaelFreddte Mae UNIFORM INSTRUMENT
+a:% 32.34 (2 of 3 pages) Form 31701/01
OR i 968PG2596
8570608056
Lender may invoke any of the remedies permitted by the Security Instrument.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this 1-4 Family Rider.
-z-- IS EP 2 9 1006
- BORROWER - ANTHONY OWENS II - DATE -
l Certify this to be recorded
ir1 CLimberland County pA
° c???..--,•-?.;?-moo '?'?"'
s
Recorder of Deeds
MULTISTATE 1-4 FAMILY RIDER - Famie Mae/Freddie Mae UNIFORM EWMUMENT
32.34 (3 of3Pages) Form 31701/01
BKI968PG2597
SCHEDULE C
Legal Description
Commitment Number. GR06-1262REP
ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at an iron pin on the northern line of Lot no. 8, Section A, on the hereinafter mentioned Plan of Lots,
117.5 feet West of the western line of Chester Road, on the southern line of a 15 foot wide alley, thence through
Lots 8 and 9 South 09 degrees 30 minutes East, 95 feet to an iron pin; thence along the northern line of Lot No.
10, South 80 degrees 30 minutes West, 50 feet to an iron pin; thence along the eastern line of a second 15 foot
wide alley, North 09 degrees 30 minutes West, 95 feet to an Iron pin; thence along the southern line of the 15 foot
wide alley first aforesaid, North 80 degrees 30 minutes East, 50 feet to a point, the place of BEGINNING.
BEING the western 50 feet of Lots Nos. 8 and 9, Section "A" on the plan of West Enola, said Plan being recorded
in the Office for the Recording of Deeds in and for Cumberland County in Plan Book 1, Page 29.
BEING Known and numbered as 1 Chester Road Rear
SK l 968PG2598 STEWART TITLE
. . . . . . . . . .
??pl?llll
h SUN Rnancial®
A Sallie Mae Company
MODIFICATION AGREEMENT- Loan # 8570608056
This agreement is made this _I Sth_ day of -August-, 2009, between SLM Financial, a
Delaware Corporation, and Anthony Owens U.
Property Address: 1 Rr Chester Road, Enola, Pa. 17025
In this modification Agreement (the "Agreement") the words "P', "me", and "my" mean each
person individually and jointly who signs this Agreement. The words "you", and "your", and the
Bank mean SLM Financial Corp. As used in this Agreement, the words "you and your" also
include any person or entity that takes the loan evidenced by the Loan Documents as defined
below, by purchase or transfer.
WHEREAS, I have received a loan evidenced by a promissory note to you dated_9-29-
2006_ (the "Note') secured by a Mortgage of the =W(a da te recorded as Document No. in
Book I qJg Pageof the Official Records of11j_ qty, (the "Security
Instrument"), which Note and Security Instrument may have been amended (collectively, the
"Loan Documents"); f 1 V14 Q q_ 14 - d*:g 9- Z TS
WHEREAS, I have requested that you amend some of the terms of the Loan Documents;
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, you and I agree as follows:
A. AMENDMENT OF LOAN DOCUMENTS
Effective the date of this Agreement or such later date as may be specifically described in
this Agreement, the Loan Documents are amended as follows:
The date on which interest begins to accrue according to the rate option checked above, if
different from the date of this Agreement, is_06-01-2009_. Interest will continue to accrue
until all amounts due under this Agreement and the Loan Documents have been paid. If a court
finds that I have paid an interest rate in excess of the maximum rate, you will first apply all
amounts you have collected in excess of this rate to payment of principal of my loan, and then
refund any remaining amounts to me.
Mailing Address: P. 0. Box 3409,1Al11mingbon, DE 19804
Street Address: 300 Continental Drive, 1 South, Newark, DE 19713
Phone: 302-283-8000
Tdi Free: 800-559-3220
Prepared by: Shannon Mihalek
v
2. Old Payment 939.38 New Payment 801.86
Old Int Rate 7.625% New Int Rate 7.00%
Old Mat Date 10-1-2036 New Maturity Date 8-1-2049
Old Loan Term 360 mos New Loan Term 480 mos
(a) Amount to mail in to complete this loan modification is $_801.24_, The
following payments will be included in this loan modification: July and
August 2009. Above fimds will be posted as the escrow portion of the July
and August 2009 payment. Your total payment including escrow is $1,202.48
beginning September 1, 2009.
(b) () other:
Payments shall be made at the place you designate. All payments shall be applied in this
order: (a) to any costs of collection (including attorney fees) to the extent permitted by law; (b)
to accrued and unpaid interest; (c) to reduction of principal.
3. Late Charge If you have not received the full amount of any monthly payment
by the end of_NA_ calendar days after the date it is due, I will pay a late charge to
you. The amount of the late charge will be NA_
_NA % of my overdue payment of principal and interest. I will pay this
late charge promptly but once on each late payment.
B. MODIFICATION FEE
I agree to pay you on or before the date of this Agreement a fee in the Amount of
$ -NA re n=mting_NA points on the amount financed in the Note.
C. DOCUMENT PROCESSING FEE
I agree to pay a documentation processing fee of $ NA in connection
with this agreement.
D. SECURITY INTEREST
The Security Instrument is intended to secure all obligations under Note as
modified by this Agreement. This Agreement shall neither (a) affect your security
interest in, or hen priority on, the property described in the Security Interest; nor (b) be
constructed to be a satisfaction or partial or total release of the Note or Security
Instrument.
2
If in yourjudgment it is necessary to take action to preserve the security interest and/or
the lien priority created by the Security Instrument, I will assist you in such action. Such
assistance may include, but is not limited to, executing additional documents and
providing additional information.
E. OTHER LOAN TERMS
l . Except as amended by this Agreement, all terms and conditions of the
Loan Documents shall remain in full force and effect.
2. You do not waive your right to: (a) prohibit or restrict any future amendments I
may request or (b) enforce any of your rights or remedies under any of the Loan
Documents.
F. MISCELLANEOUS
1. The effectiveness of this Modification is also contingent upon:
a. The making, delivery, and execution by me of any and all documents as you
or your attorneys may reasonably request to accomplish the purposes of this
modification.
b. The original note holder/lender has obtained appropriate title msmwm
policies or.endorsements insuring the position of priority of the Security
Instruments not less than the position of priority of said Security Instrument
when it was originally recorded.
2. 1 hereby request that you conditionally implement the modifications provided for
herein as of the date of this Modification Agreement irrespective of the fact
including the items specified above, are not subsequently satisfied, you may
declare by written notice to me that the modifications provided for herein are not
effective and you shall reverse any entries made prior thereto.
3. In the event of any conflict between any provision of the Agreement and
provision of a Loan Document, the provisions of this Agreement shall control.
4. You can appoint any person or entity to: (a) service the loan evidenced by the
Loan Documents; and/or (b) take any action necessary to accomplish the
modification described in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first
written.
(Witness)
(Witness)
(Seal)
STATE OF: ?- COUNTY OF: W_tA) C??e
BE IT REMEMBERED That on this of 3e
ftay ? before me, the sober
personally appeared Joanne M. Jackson, Vice President of SLM Financial Corporation,
satisfied is the person who ,signal the within Agreement, and he/she acknowledged that
signed, sealed with the corporate seal and delivered the same as such officer aforesa?t
the within Agreement is the voluntary act and deed of such corporation made by virtw
Resolution of its Board of Directors.
BORROWER:
Seal)
Antho ens II
SLM
By
STATE OF: R n n S y /V a n ICN,
COUNTY OF: , ?}
awn M. MOODY
otary Pnblio
state W Delaware
My COMMISHion Expires on Apr 15. 2011
14- - --'W
BE IT REMEMBERED THAT-ON THISa 7day of ld '?07 before me, the
subscriber, personally appeared Anthony Owens II , who I am satisfied, is/are the
person(s) who signed the within Agreement as Borrower, and they acknowl that they
signed, sealed and delivered the same as their vol act and deed.
CIOtVVYEALTH OF PENNSYLVANIA Notary
I'M ,al seal
Diems F. Vdit Notary PL6k
0jV0fMWWxjrMD&#*10IXIII +
My QanntWm E May 31, 2011
Pennsylvanl^ "•^^r4-t- of Notaries
4
Ix
1.
Conrad
O'Brien Pc
Vincent T. Cieshk
Shareholder
Direct Dial: 215.523.8316
vcieslik@conradobtien.com
ACT 91/ACT 6 NOTICE TO TAKE ACTION TO SAVE
YOUR HOME FROM FORECLOSURE
NOTICE OF INTENT TO FORECLOSE
May 17, 2011
VIA REGULAR AND CERTIFIED MAIL
RETURNRECEIPT REQUESTED
Anthony Owens, II Anthony Owens, II
2398 Camby Street, Apt. 2 1 Chester Road
Harrisburg, PA 17103 Enola, PA 17025
RE: Notice of Intent to Foreclose
First Mortgage on 1 Chester Road, Enola, PA 17025
Loan No. 8570608056
-Our File No. 1593-81
Dear Mr. Owens:
This letter is an attempt to collect a debt and any information you provide will be used for
that purpose. NOTICE. OF INTENTION TO FORECLOSE MORTGAGE. 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.
Earlier this month we sent you a Notice of Intention to Foreclose on your second
mortgage related to this property., that was Account Number 8570608057. This Notice
relates to your first Mortgage.
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HFMAP) may be
able to help you save your home This Notice explains how the program works
1040 Kings Highway North, Suite 600 Cherry Hill, NJ 08034-1921 T: 856.309.3373 F: 856.309.3375 www.conradobrien.com
To see if HE" can help you must MEET WITH CONSUMER CREDIT
COUNSELING WITHIN 30 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 the 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 you explain it
You may also want to contact an attomey in your area The local bar association may be able to
help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA WORTANCIA, PUES AFFECTA SU
DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPROHENDE EL
CONTIENTIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
INMEDITAMENTE LLAMANDO ESTATA AGENCIS (PENNSYLVANIA HOUSING
FINANCING AGENCY) SIN CARGOS AL NUMERO NEMCIONADO ARRIBA. PUEDES
SER ELIBIGLE PARA UN PRESTAMO PRO EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
Homeowners' Names: Anthony Owens, II
Property Address: 1 Chester Road, Enola, PA 17025
Original Lender: SLM Financial Corporation
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
CIRCUMSTANCE BEYOND YOUR CONTROL.
IF YOU HAVE A REASONABLE PROSPECT OF BEING
ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
-2-
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 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
PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" 11L
EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - if you meet with one of the consumer
credit agencies listed at the end of this notice, the lender may NOT take action against you for
thirty (30) days after the date of the meeting. The names, addresses and telephone numbers of
designated consumer credit counseling agencies for the county in which the property is located
are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting.
Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the
reasons set forth late in the 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 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 MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR
IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited.
They will be disbursed by the Agency under the eligibility criteria established by the Act. The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against your
property 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.
-3-
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 FIRST MORTGAGE being held by the above lender on
your property located at 1 Chester Road, Enola, PA 17025, IS SERIOUSLY IN DEFAULT
because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the
following months: February, March, April, and May 2011.
You are presently 4 monthly payments behind.
4 monthly payments of $1,085.00 are overdue. You are also required to pay late
fees in the amount of $120.27 and other charges of $42.19.
TOTAL AMOUNT PAST DUE $ 4,502.46
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Paying your regular
mortgage payment as noted above.
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30)
DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE
TO THE LENDER, WHICH IS OUTLINED ABOVE PLUS ANY MORTGAGE
PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD PLUS ANY ATTORNEY'S FEES, TITLE FEES, OR
SHERIFF'S FEES WHICH HAVE ACCRUED FROM THE DATE OF THIS LETTER
UNTIL PAYMENT IS RECEIVED IN FULL AT SLM. Payments must be made by
either cash, cashiers' check certified check or money order made payable and sent to:
SLM via Michael Payne at SLM Financial Corp., 300 Continental Drive, 2 South,
Newark, DE 19713. You may contact him at (800) 559 3220 - Extension 18330, and at
Michael.Pgyne@salliemae.com.
You can cure any other default by taking the following action within THIRTY (30) DAYS of the
date of this letter: Paying the full amount listed above.
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
mortgage 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
-4-
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) DAY period, you will not be required to
pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured
the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you
still have the right to cure the default and prevent the sale at any time up to one hour before the
Sheriff's Sale. You may do so by paving the total amount then past due plus any late or other
charges then due reasonable attorney's fees and costs connected with the foreclosure sale and
any other costs connected with the Sheriff's Sale as specified in writing by the lender and by
performing 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 Sheriff's Sale of the mortgaged property could be held would be approximately 6
months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the
longer you wait. You may 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: SLM Financial Corporation
Address: 300 Continental Drive, 2 South, Newark; DE 19713
Phone Number: (800) 559 3220 - Extension 18330
Fax Number: (317) 806-7705
-5-
Contact Person: Michael Payne
Email address: Nfichael.Pgyne@salliemae.com
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your
ownership of the mortgaged property and your right to occupy it. If you continue to live in the
property after the 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 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 cost 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)
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; AND
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
NORTHUMBERLAND COUNTY:
CCCS of Northeastern Pennsylvania
-6-
31 W. Market Street
P.O. Box 1127
Wilkes-Barre, PA 18702
Phone: (570) 821-0837 OR 1-800-922-9537
Fax: (570) 821-1785
1400 Abington Executive Park, Suite 1
Clarks Summit, PA 18411
Phone: (570) 587-9163 OR 800-922-9537
Fax: (570) 587-9134/9135
201 Basin Street
Williamsport, PA 17703
Phone: (570) 323-6627
Fax: (570)323-6626
PERRY COUNTY:
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
Phone: (717) 541-1757
Fax: (717) 541-4670
Urban League of Metropolitan Harrisburg
2107 N. 6 h Street
Harrisburg, PA 17101
Phone: (717) 234-1757
Fax: (717) 234-9459
Community Action Commission of The
Capital Region
1514 Derry Street
Harrisburg, PA 17104
Phone: (717) 232-9757
Fax: (717) 234-2227
PHILADELPHIA COUNTY:
Acorn Housing Corporation
846 North Broad Street
Philadelphia, PA 19130
Phone: (215) 765-1221
Economic Opportunity Cabinet of
Schuylkill County
225 North Centre Street
Pottsville, PA 17901
Phone: (570) 622-1995
Fax: (570) 622-0429
YWCA of Carlisle
301 G Street
Carlisle, PA 17013
Phone: (717) 243-3818
Fax: (717) 243-3948
Financial Counseling Services of Franklin
31 West 3`d Street
Waynesboro, PA 17268
Phone: (717) 762-3285
Weatherization Office
917 Mifflin Street
Huntingdon, PA 16652
Phone: (814) 643-2343
Fax: (215) 765-1427
CCCA of Delaware Valley
1515 Market Street, Suite 1325
-7-
Philadelphia, PA 19107
Phone: (215) 563-5665
Fax: (215) 864-2666
Media Fellowship House
302 S. Jackson Street
Media, PA 19063
Phone: (610) 565-0846
Fax: (651) 565-8567
PCCA
100 North 17th Street, Suite 600
Philadelphia, PA 19103
Phone: (215) 567-7803
Fax: (215) 963-9941
Comm. Devel. Corp of Frankford Group
Ministry
4620 Griscon Street
Philadelphia, PA 19124
Phone: (215) 744-2990
Fax: (215) 744-2012
Northwest Counseling Service
5001 N. Broad Street
Philadelphia, PA 19141
Phone: (215) 324-7500
Fax: (215) 324-8753
RACE
167 W. Allegheny, 2nd Floor
Philadelphia, PA 19140
Phone: (215) 426-8025
Fax: (215) 426-9122
CCCS of Delaware Valley
One Cherry Hill, Suite 215
Cherry Hill, NJ 08002
Phone: (215) 563-5665
Housing Association of Delaware Balled
1500 Walnut Street, Suite 601
Philadelphia, PA 1102
Phone: (215) 545-6010
Fax: (215) 790-9132
Housing Association of Delaware Valley
658 North Watts Street
Philadelphia, PA 19123
Phone: (215) 978-0224
Fax: (215) 765-7614
American Credit Counseling Institute
845 Coates Street
Coatesville, PA 19320
Phone: (888) 212-6741
Phone: (610) 971-2210
755 York Road, Suite 103
Warminster, PA 18974
Fax: (215) 959-6344
144 E. Dekalb Pike
King of Prussia, PA 19406
-8-
PIKE COUNTY
CCCS of Northeastern Pennsylvania
31 W. Market Street
P.O. Box 1127
Wilkes-Barre, PA 18702
Phone: (570) 821-0837 OR 1-800-922-9537
Fax: (570) 821-1785
9 South 7 h Street
Stroudsburg, PA 18360
Phone: (570) 420-8980 OR 800-922-9537
Fax: (570) 420-8981
1400 Abington Executive Park, Suite 1
Clarks Summit, PA 18411
Phone: (570) 587-9163 OR 800-922-9537
Fax: (570) 587-9134/9134
Should you have any questions or concerns regarding the above, please feel free
to contact me.
Sincerely,
Vincent T. Cieslik
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Anthony Owens, II
2398 Camby Street, Apt. 2
Harrisburg, PA 17103
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff ?„ CA clljn?"'j
Jody S Smith
Chief Deputy
Richard W Stewart
OPP1; WF
Solicitor
SLM Financial Corporation Case Number
vs. 2011-7949
Anthony Owens, II
SHERIFF'S RETURN OF SERVICE
11/14/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search
and inquiry for the within named defendant, to wit: Anthony Owens II, but was unable to locate him in his
bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within
Complaint and Notice according to law.
11/18/2011 04:03 PM - Dauphin County Return: And now November 18, 2011 at 1603 hours I, Jack Lotwick, Sheriff
of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within
Complaint and Notice, upon the within named defendant, to wit: Anthony Owens 11 by making known unto
himself personally, at The Dauphin County Courthouse, 101 Market Street, Room 104, Harrisburg,
Pennsylvania 17103 its contents and at the same time handing to him personally the said true and correct
copy of the same.
SHERIFF COST: $38.50
November 22, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
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nan
Jack Duigty
William T. Tully Chiel'Dep
Solicitor
Michael W, Rinehart
Assistant Chief Deputy
Dauphin County
101 Market Sirect
Harrisburg, Pennsylvania 17101.2079
ph: (717) 780.6S90 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania SLM FINANCIAL CORPORATION
VS
County of Dauphin ANTHONY OWENS,11
Sheriffs Return
No, 2011-T-3976
OTHER COUNTY NO. 20117949
And now; NOVEMBER 18, 2011 at 4;03;00 PM served the within COMPLAINT upon ANTHONY
OWENS, II by personally handing to ANTHONY OWENS, II 1 true attested copy of the original
COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY COURT
HOUSE, ROOM 104 101 MARKET STREET HARRISBURG PA 17103
Sworn and subscribed to
before me this 22ND day of November, 2011
.-POF
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SRAL
Karca M. Hoffman, Notary Publie
City of Harrisburg. Dauphin County
M Commission Expires Au gum 17 2014
So Answers, 'Do
Sheriff of auphin Co ty,
By G ~
Deputy Sheriff
Deputy: KIMBERLY BARTO
Sheriffs Costs: $41.25 11/16/2011
the 49?11-vrfff
William T. Tully
Solicitor
Dauphin County
101 Market Street
Harrisburg, Pennsylvania 17101-2079
ph: (717) 780-6590 fax: (717) 255-2889
Jack Duignan
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
VS
ANTHONY OWENS, II
Sheriff s Return
No. 2011-T-3976
OTHER COUNTY NO. 20117949
And now: NOVEMBER I$, 2011 at 4:03:00 PM served the within COMPLAINT upon ANTHONY
OWENS, II by personally handing to ANTHONY OWENS, II 1 true attested copy of the original
COMPLAINT and making known to him/her the contents thereof at DAUPHIN COUNTY COURT
HOUSE, ROOM 104 101 MARKET STREET HARRISBURG PA 17103
Sworn and subscribed to
before me this 21 ST day of November, 2011
-)P?42
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Karen M. Hoffman, Notary Public
City of Harrisburg, Dauphin County
M Commission Expires August 17, 2014
SLM FINANCIAL CORPORATION
So Answers,
Sheriff of Dauphin Coun , Pa.
B'_4
y
Deputy S eriff
Deputy: KIMBERLY BARTO
Sheriffs Costs: $41.25 11/16/2011
Vincent T. Cieslik, Esq. (85500)
Conrad O'Brien PC
Centre Square West Tower
1500 Market Street, 39th Floor
Philadelphia PA 19102-1916
(215) 864-9600
:LED -Q? f°
:. d' Fu PRoo;?neyforPlaintiff
2012 MAR 21 AM IQ'S1?IFinancial Corp.
CUMBERLAND COUNTY
PENNSYLVANIA
SLM FINANCIAL CORPORATION, by
and through its Nominee Mortgage
Electronic Registrations Systems, Inc.
Plaintiff
V.
ANTHONY OWENS II,
PENNSYLVANIA COURT OF COMMON
PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.: 11-7949
Defendant
PRAECIPE TO ENTER DEFAULT JUDGMENT PURSUANT TO PA. R.C.P. 1037(b)
TO THE PROTHONOTARY:
Please enter default judgment in favor of Plaintiff and against Anthony Owens, II by
default for failure to file an answer to Plaintiff's Complaint, or otherwise plead. In support,
attached to this Praecipe is VENOM , Notice of Entry of Default, and Exhibit B, Affidavit of
Non-Military Service.
Assess damages as set forth below:
As set forth in Complaint .............................. $139,651.40
Interest $24.07 per diem from October 12, 2011
to March 19, 2012 ........................................ $3,827.13
TOTAL ................................................ $143,478.53
* Interest continues to accrue at the rate of $24.07 per diem through the date of execution.
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I hereby certify that written notice of the intention to take a default judgment was mailed
or delivered to the party against whom judgment is to be entered and to his attorney of record, if
any, after the default occurred and at least ten days prior to the date of the filing of this praecipe.
Copies of the Notices of Intention to Enter Judgment by Default are attached hereto as Exhibit A.
Date: March 19, 2012 By:
Vi cent T. Cieslik, Esq.
Attorney I.D. No.: 85500
Conrad O'Brien PC
Center Square West Tower
1500 Market Street, 39th Floor
Philadelphia, PA 19102-1916
(215) 864-9600
Attorneys for Plaintiff SLM Financial Corp.
ASSESSIMF,NT OF DAMAGES
AND NOW, this ; t day of ?0 0\- , 2012, Judgment is entered in
favor of the Plaintiff SLM Financial Corporation and against the Defendant Anthony Owens, II,
by default for want of filing an Answer to Plaintiff's Com laint and damages assessed at' sum
of $143,478.53 as per the above statement. A6
PROTHONOTARY
Conrad
O'Brien
Vincent T. Cieslik
Shareholder
Direct Dial: 215,523,8316
Direct Fax: 215.523:9716
vcicslik@conradobrien.com
January 4, 2012
VIA REGULAR AND CERTIFIED MAIL RRR
Anthony Owens, II
2398 Camby Street.
Harrisburg, PA 17103
Anthony Owens, 11
1 Chester Rd,
Enola, PA 17025
RE: SLM Financial Corporation v- Anthony Owens II
CCP, Cumberland County, Civil Division No. 11-7949
Our File No, 1593-284/PA
Dear Mr. Owens:
This letter's an attempt to collect a debt and any information you provide wil be
used. for that purpose. NOTICE OF INTENTION TD ENTER DEFA ULT JUDGMEN?'
YOU ARE IN DEFAULT l
BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRIT1NGORT
THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS WITH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DA H
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUTOA
HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT
RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OIF YOU
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU. CAN G
LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION, LAWYER ET
REFERRAL SERVICE AND INFORMATION, 32 SOUTH BEDFORD STREET,
CARLISLE, PA 17013, (717) 249.3166.
VTClrsw
Enclosure
If you have any questions, please do not hesitate to call.
Sincerely,
r
Vincent T. Cieslik
1500 Market Street, Centre square J West Tower, Suite 3900 I Philadelphia, PA 19102-2.100
Tel: 215.864.9600 1 Fax: 21.5.864.9620 1 wwwconradobrien.com
Vincent T. Cieslik, Esq. (85500)
Conrad O'Brien Gellman & Rohn P.C.
1515 Market Street, 10 Floor
Philadelphia PA 19142-1916
(215) 864-9500
Attorney for Plaindff
5LM Financial Corp,
SLM.FIN'ANCIAL CORPORATION, by
and through its Nominee Mortgage
Electronic Registrations Systems, Inc.
Plaintiff
V.
ANTHONY OWENS II,
Defendant
PENNSYLVANIA COURT OF COMMON
PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.: eivi
NOTICE TO DEFEND
NOTICE
You have bast sued in court If you wish to defend
against the claim to forth in the following pages, you
must take action within twenty (20) days attet this
complaint and notice are served, by entering a written
appostmoo personally or by attorney and Qiing In
writing with the court your defenses or objections to the
claims act forth against you, You arm warned that if you
fail to do so the osae may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claitrod in the
Complaint or fbr any other claim or relief toqueetod by
the plaintiff: You may lose money or property or other
rights important to you,
AVISO
Lo han domandado a usted on In aortc. Si usted quium
dmfendarse de astas demandas expuestes an In paginas
siquicntns, usted dose vointe (20) dims de phom at partner
de la feeba do In domanda y In notificaolon. Haa felti
asentar una eOmparencia eserita o en persona o can un
abogado y entregar a to coute es forma
escrita sus
deff:rteas o hats objeoiones a In do mandas on contra de su
persona, Son avisado quasi used no se defiende, is carte
tontam modides y puedc oondmrar is demands on
contra soya sin pmvio avLso o notifiexion. Ademas, to .
aorta puede detidir a favor del damatdente y requiere
quo usted cumpia con Codas Iss proviaiones do oats
demands. UxW puode perdw dinero o sue prmpiod os
o cues derechos impottantes pare used.
YOU SHOULD TAKE TFIIS PAPERTO YOUR LAWYER AT ONCE. If
YOU DO NOT HAVE A LAWYE& OR CANNOT AMRD ONE, OO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FWD OUT WHERE
YOV CAN OLT LEOAL HELP.
Cumberland County Bar Association
.Lawyer Referral Service and tnfonnaticn
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
LLEVA ESTA DEMANDA A UN ABOOADO D'Ii BWATAMWm sl
NO WENE AIIOOADO 0 W NO TMNB EL DIN KO Suft Ett1'E DE
?AGAR TAL SERVICIO, MAYA EN PERSONA 0 LI.AME FORTEi$PONO
A IA OPICINA CUYA DIRECCION SE W CUMItA FSCRrrA ABANO
PARA AVER=AR DoNDE se nwe comisoum Aa1S tNCIA
LBOAL
Asoeiaci& de Liooncisdos do Cumberland
Servieio de Referencia E Informad6a Legal'
32 South Bedtbrd Street
Carlisle, PA 17013
(717) 2494166
TRUIW COPY FROM RECORD
"f?l ty whereof, I here unto set my hand
and: ttte seat of said Court at Carlisle, pa,
1t*-J-1_dJ1Y0f_QQk1&? -201I__
`V r Q. l z-J ' "° ?
W-V
Vincent T. Cieslik, Esq. (85500)
Conrad O'Brien Gellman & Rohn P.C.
1515 Market Street, 16t" Floor
Philadelphia PA 19102,1916
(215) 864-9600
Attorney far Plaindff
SLMFinancial Corp.
SLM FINANCIAL CORPORATION,
by and through its Nominee Mortgage
Electronic Registrations Systems, Inc.
Plaintiff
V.
PENNSYLVANIA COURT OF COMMON
PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO..
ANTHONY OwENS H
Defendant
FORECLOSURE COMPLAINT
Plaintiff, SLM Financial Corporation by way of Foreclosure Complaint says:
1. Plaintiff SLM Financial Corp. is a residential and commercial financing
institution licensed to conduct business in the Commonwealth of Pennsylvania.
2. SLM's principal place of business is located at 6000 Commerce Parkway, Suite
A, Mt. Laurel, NJ, 08054.
3. Defendant Anthony Owens II ("Owens" or "Defendant'), is the owner of the
property located at 1 Chcster Rd, Enola, PA 17025-2076, known as Parcel No. 9-14-834-225. (A
true 'and correct copy of the legal description of the property is attached herein as Exhibit "A").
4. On or about September 29, 2006, Owens did execute and deliver to SLM a
Promissory Note ("Note"), by and through-its Nominee, Mortgage Electronic Registrations
Systems, Inc. (hereinafter "Plaintiff l or "SLM") in the amount of one hundred thirty-two
thousand seven hundred and twenty dollars and no cents ($132,720.00), promising to repay at a
rate of 7.625% per annum, with a monthly payment including principal and interest of nine
hundred thirty nine dollars and thirty-eight cents ($939.3 8). (A true and correct copy of the
promissory note is attached herein as Exhibit `B"). The first payment was due on November 1,
2006, with payments made on a monthly basis until the loan was paid in full. Id. at 13.
5. Owens agreed to pay the loan in full by October 1, 2036, known as the maturity
date. Id. at 9 3.
6. The Note, which is incorporated into the Mortgage, provides, inter alia the
following:
a. If the Note Holder has not received the full amount of any monthly payment
by the end of 15 calendar days after the date it is due, a late charge of 5%
would be charged. Id. 16 (A)
b. If full payment is not received each month, the loan will be considered in
default. Id. 16 (B)
c. If the Note is in default, the Note Holder may require immediate payment of
the full amount of the Principal balance of the Note. Id, at 16 (C)
7. To secure the repayment of the loan, Owens executed and delivered to SLM a
Mortgage in the amount of one hundred thirty-two. thousand seven hundred and twenty dollars
and no cents ($132,720, 00), and thereby conveyed in fee the land and Property to SLM on the
condition that said conveyance should be void if payment is made at the time and in the manner
described in the Note. (See a true and correct copy of the Mortgage attached herein as Exhibit
8. The Mortgage was duly recorded on the 5th day of October 2006 under Book
1968, page number 2582, in the Office of the Recorder of Deeds of Cumberland County.
9. . On or about August 15,, 2009, SLM and Owens agreed to a Loan Modification
Agreement which extended the maturity date from October 1, 2036 to August 1, 2049. (A true
and correct copy of the Loan Modification is attached herein as Exhibit "D"). The Loan
Modification Agreement was duly recorded on the 1st day of October 2009 as Instrument
Number 200933866.
10. On February 1, 2011 Defendant defaulted on the Note by failing to make timely
payments.
11. As a result of the Owens' failure to make the above payments, on February 1 at,
and for each of the following months of March, April, and May, SLM did notify Owens' of its
intention to foreclose Defendant's interest in the property should Defendant fail to make all
payments due and owing. (A true and correct copy of the demand letter is attached herein as
Exhibit "E"). Said notice also constituted demand for prompt payment upon thirty days' written
notice, pursuant to paragraph 6 (C) of the Note.
12. The Notice was sent to Owens more than thirty-one (31) days prior to the date of
filing the complaint.
13, - At the time of the notice there was due and owing to SLM the sum of $4;502.46
representing the principal and interest due .as of May 17, 2011.
14. SLM seeks judgment against Owens for any and all principal and interest, late
fees, attorney's fees; or costs related to Owens' breach, violation, and/or default under the terms
of the Note and Mortgage, including but not limited to the sums outlined in paragraph 20 below.
15. In addition, SLM may be obligated to make advances for the payment of taxes
and other necessary expenses, while this action is pending, to preserve the security and such
sums, with legal interest. Pursuant to paragraph 9 of the Mortgage, said advances shall be added
1
to the Judgment.
16. In addition, SLM respectfully requests judgment against Owens foreclosing,
discharging and terminating any interest he may have in the Property, which are inferior and
subordinate to the mortgage and lien of SLM.
17. SLM requests that the Court order Defendant Owens' Property be sold at a
Judicial Sheriff's Sale, to be held by the Sheriff of Cumberland County, Pennsylvania for the
purpose of satisfying the amounts due and owing to SLM.
18. Finally, SLM is entitled to possession of the Property by virtue of Defendant's
above-referenced breach, violation and/or default under the terms of the Note and Mortgage.
SLM requests that Judgment be entered for possession of the Property in favor of SLM, its
successors and/or assigns, and/or the successful bidder at the Sheriffs sale.
19. The amount due and owing SLM as of October 12, 2011, by Defendants is as
follows:
Principal $1281158.43
Interest $4,296.96
Secondary Interest $3,062.23
Late Charges $280.63
Attorneys Fees
Title Search, Foreclosure and Execution
Costs $3,000
Other Fees/Charges .$311,19
Escrow in Payoff $701.06
Escrow Balance $275.43
TOTAL $139,651.40
WHEREFORE, Plaintiff SLM Financial Corporation, by and through its Nominee
Mortgage Electronic Registrations Systems, Inc., demands judgment in mortgage foreclosure
against Defendant Anthony Owens, II for the amount due of $139,651.40 with interest' thereon at
the rate of $24.07 per diem from October 12, 2011, and additional late charges, additional
reasonable and actually incurred attorney's fees, plus costs (including increases in escrow
deficiency) and foreclosure and sale of the mortgaged premises by the Sheriff of Cumberland
County, Pennsylvania. ,
CONRAD O'BRIEN PC
By: L,...A -u ,
r?--
Vifien t T. Cieslik, Esquire
Dated: October 17, 2011. Attorneys for PlaintoSLM Financial Corporation
I
I; Joanno M, gsckson)14i , hereby state that I am an employee of p]atbtiff SLM
Fimnoial'COrPoeation, where I am employed as thetPredident. I allor my employees and staff
-- havo personally reviewed the Note, Mortgago, and other Me domments pertaining to this jean,
including the acoovnts of the borrower, payment history, and the status of any *dhau*d
amomrsts due-and owing to SLM. I am authori7ad to take this Verification on bebW of PIWnW
named in the utstent action, and that the facts co'ntaiW in the forgoing Foroedosure Ci Aplaint
are true and correct to the best of my knowledge, iiorwation and bclldf, I undersremd that I
make touts verification subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom
falsification to authorities,
oatm? M sake ios?
Exhlb,it iA
CLSA Fik # 2914539
1 RR CHESTER RD
EAST PENNSBORO TWP (ENOLA), PA
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN EAST PENNSBORO
TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND
DESCRIBED, AS FOLLOWS:
BEGINNING AT AN IRON PIN ON THE NOR'T'HERN LINE OF LOT NO. 8, SECTION A,
ON THE HEREINAFTER ME MONED PLAN OF LOTS, 117.5 FEET WEST OF THE
WESTERN LINE QF CHESTER ROAD, ON THE SOUTHERN LINE OF A 15 FOOT WIDE
ALLEY; THENCE THROUGH LOTS 8 AND 9 SOUTH 09 DEGREES 30 MINUTES EAST,
95 FEET TO AN IRON PIN; THENCE ALONG THE NORTHERN LINE OF LOT NO. 10,
SOUTH 80 DEGREES 30 MMMS-WEST, 50 FEET TO AN IRON PIN; THENCE ALONG
THE EASTERN LINE OF A SECOND 15 FOOT WIDE ALLEY, NORTH 09 DEGREES 30
MINUTES WEST, 95 FEET TO AN IRON PIN; THENCE ALONG THE SOUTHERN LINE
OF THE 15 FOOT WIDE ALLEY FIRST AFORESAID, NORTH 80 DEGREES 30 MINUTES
EAST, 50 FEET TO A POINT, THE PLACE OF BEGINNING.
r
i
Exhibit B
SZPTRWIM 29, 4006
[Date]
Non
c
ors.
L"20..8370600056
MD'f:1000910657 0 6 0 60 S 60
CAMP SILL
[may]
pZMFBlLVA16IA
[State]
CEMW=R R77, ENO", PA 17025
(Proptrrty Address)
I. BORROWERS PROMISE TO PAY
In return' for a loan that I Dave received. I promise to pay U.S. $132,720.00 (this amount is.c4ed
-Prinoipat"), plus interest, to the order of the Lendm The Leader is SLIT FEtAIn M CMMIA' X(M MM
t3A1.LI>: anu: saonmm I will make all payments sander this Note in the torn of cash, die* or money order
I understand that the Lea?der•mq transfer thin Now The Leader or anyone who takea this Note by transfer
and who Is entitled to reoeive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be changed on unpaid principal until the full amount of Principal has been paid. I will pay
interest at a yearly rate of 7.62 5%.
The interest me required by this Section 2 is the rate I will pay both before and after any default deem bed
in Section 6(8) of this Note.
3. PAYMUM
(A) Time 224 Place of Payweaab
I will pay pdicipal and brttsest by tnakiag a payment every month.
1 WAl WAkr, my monthly payment on the 10T day of earn month be ninS oat N0vzM3Mt 1, 2006.1
will snake these payments avay month until I have paid all of the principal and intertxt and my other charges
described below that I may we under this Note. Each monthly payment wilt be applied as of Its scheduled due date
and wilt be applied to interest before PAwipaL If, m OCT(oza 1, 2036, I still owe amotmts under Wa Notc, I
will pay those amounts in full an that date. which is called the "Maturity Date."
I will make my monthly payments at 6000 C7 UWMC5s PARKMY 871sT= A, XT LA =L, xx
08054 or at a diftrat place lfrequirod by the Note Holder.
(II) Amount of Moatkly Payments
Noy moudhly payment will be in the amotrot of U.S. $9 39.3 8.
4. BORROWER'S RIGHT TO PREPAY
I have the right to makc psymeats of Prino*l at any time betbm they are due. A payment of Prbx ipaal only
is known a6 a "Prepayment." When I wake s Pnpsym=4 I will tell the Notes Holler in writing that I am doing so. I
may act designate a payment as a Prepayment If I have not made all the monthly payments due under the Note.
I any make a full Prepayment or partial Prepaymeno without paying a Prepayment charge. The Nate
Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note
Holder may apply my Prepayment to the accrued and unpaid iuteteat an the Prepayment amount, before applying
my Prepayment to reduce the Principal amount of dw Note. If I make a partial Prepayment, there will be no clnaoga
in the due dam err in the amours of my monthly payment unless the Note Holder agrees in writing to those changes.
S. LOAN CHARCXS
If a law; which applies to this loan and which sets maximum loan chargca, le finally interpreted so teat the
interest or other loam charges collected n to be collected in connectim with this loan exceed the permitted limits,
then: (a) any such loan ohruge shall be reduced by the amount necessary to reduce the charges to the permitted limit;
and (b) any aura already collected from ax which exceeded pesamlted limits will be tefinded to me. The Note
Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct
payment to me. If a refund reduces Principal. the reduction, wig be treated as a partial Prepaymai.
6. BORROWER'S FAILURE TO PAY AS REQUIRiI:D
(A) Late Marge for Ovesdut Payments
If the Note Holder has not received the M amount of any monthly payment by the end of 15 calendar days
MMInSTATI FDCfaD RATE r*YM .-Smile Pamlty - Freak K*WFroddk lM = LFWOVM UgSTRCMMT
$So 5.106 Para 3 an Forr 3100 1M
aS7eioaoss
after the date it is due, I will pay a late charge to the Note Holder. The amount Of the charge will be S. 00 0% of my
overdue payment of principal and httmest I will pay this late charge promptly but only once an each late payment
(B) Deftdt
If I do not pay the full amount of each monthly payment on the date it is due, I will be in defauk
(G') Notice dDedalt
If I am In defitult, the Note Odder may send me a written notice telling me that if I do not pay the overdue
amount by a certain dale, the Nate Holder may require me to pay imtaediatcly the fall amount of Principal, which
has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the data on
which the notice is maikd to me or delivered by other means.
(D) No.WsJver By Note Holder
Even ill at a time whea.I am in default, the Note Holder does not require me to pay immediately in full as
deccdW above, the Note Holder will still have the right to do so N I am in default at a later time.
(E) Paynat of Note Hoibar's Costa and Rspensa
If the Note Holder has required me to pay inanediatel'y in full as described above, the Note Holder will
have the right to be paid back by me for all of its coats and expenses in en&rdng this Note to the extent not
prohibited by applicable law. Those expenses include, ft example, reasonable attorneys' fern
7. GMNG OF NOTICES
Unlosa applicable law requires a ditlerout method, any notice that must be given to tae under this Nobs will
be given by delivering it or by rwiling it by first class mail to me at the Property Address above or at a different
address if I give the Note Holder a notice of only d 0trcot address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by firat class mail to the Note Holder at the address stated in Section 3(A) above or at a diHment address if
I am given a notice of that different address.
S. OBEJOATIONB OF PERSONS UMER TM8 NOTE
If more than one pence si8 u this Note, each person is belly and personally obtigated to keep all, of the
promises made in this Note, inchm ft the promise to pay the M smart owed. Any pettan who is a gusr> tAK
surety or endorser of this Note is also dbligated to do these things. Any parson who takes over these Motions,
including the obligctdoru of a guarantor surety ar radorsrr of this Notc, is nlsc obligstod to koop ail of the prong.
trade in this Now. The Note Holder may mforicc its rights under this Note against each pemn. individually or
against all of us together. This means that any one of to may be required to pay all of the amounts owed under this
Note.
4. WAIVERS
I and ary other. Person who has obligations under this Note waive the tights of Prvaccimmt and Notice of
Dishonor. "Provag ment" mearst the right to require the Note Holder to demand payment of amounts due. "Notice of
Dishonor" means the bight to require the Note Holder to give notice to other persons that smau is due have not been
d.
0 UNtM9M SECURXD NO't<It
This Note is a uniftm instrument with limited varia loos in some jtaisdictiom. In addition to the
protections given to the Note Holder under ibis Note, a MOctgage, Dad of mat or Security Deed. (the. "qty
InMmcnM dated the name date as this Note, protects the Now Holder $ent possible forces wbidr Mi& result if]
do not keep. the pomises which I make in tills Note. That Security`Instrummt desxibes how and under what
ounditions I may be required to wAlm iromediste payment in fill of all amounts I owe under this Note. Some of
those conditions are desalted as 1611ows:
9 all'or any part of the Property or any Interest in the Property is sold or trensferred (a if
bomowa' Is not a natural pdmm and a burial interest in Bonvmma is sold or trans6ared)
without Lender's prior written consent, Leander may requiWienmediide.payment is full of all sums
secured by tiers Security Instrument. However, this option shell not b3 eutdsed by Lender if such
exercise is ptnhibited'by Applicable Law.
If Lender exoraiaes this option, Lender shall give Borrower notice of socelerat ion. IU
notice chaff provide a period of not lose than 30 days &orn the date the notice is given in
accordance with Section IS within which Borrower must pay sU sums secured by this Security
Instrtmrent. If Borrower fails to pay these sums prior to the eucpimtien of this period, Lender may
MULTISTATE FIRED RM NU 7V -Single Family-- Facials MaalFM"k Mae UMMM MIRUB82rr
5.106 Pager Z of 3 Farr 32M 3A1
0 (;
•as?o6a6as? ?
invoke any remedies permitted by d& -Security Instrument without furtber notice or demand on
Borrower.
CAUTION - IT IS WORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN
IT.
WITNESS THE BAND(S) AND SEAL(S) OF TIM UNDEMOM.
P 2 9 200&
_H M_.
[Sig" 0,WWI Only
A[UC.XMU-TS MM RATE NOTE =Single F=14- Fmte M"Wft"k Mae UMORM R>s37WMr?T
It& 5.106 Pare 3 ot3 Form 3260 1161
Exhibit C
PCBERt P. Z,'EGLER
ME-0011DER. OF DEUS
zoos OCT S Ail 11 19
Aft Kwordiag Rehm To:
BLx 8'1'ti MIAL CORP0aATIO1sr
DBA BAr.L3:w K" 11ORTt1AM
6000 COIOt8 = PAMMY OUITR
A
XT LAUREL, NZ 17070
i717)' 774-9710
prepared By:
BTAC31 RA6M+:
SLw FIRANCZAL CORPORATION
DBA BALLIA 1012 1sORTQAW
519 BRIDU 9TRENT
N1<W CO><RUMAIM. PA 17070
(717) 774-9710
PnopeM Address:
1 COK8TZR RD
10101.k PA 17025
PIN: n 4_ icl_
MORTGAGE
DBFIPIITIONS
Oxon
Loco M: 6570606056
PA`t
hM:100091065706080560
Words used in multiple sections of this doaxnant are defined below and odu r words an defined in Sextons
3, 11, 13, 18, 20 and 21. Certain rules reSndiog the singe of words used in this document are also provided
in Section 16.
(A) "SeemIty ImtD'umeot" mama this document, which i7 dated BZPTZMSR 29, 3006, together with
all Riders t0 this document.
(0) "Borrower" Is ANTHONY Ow1NS II, MWRRnw. Bwower is the mortgagor under this Security
Instnm>ent
(C) WW" is Mortgage Electrvaic Regisl ation Systems, Inc, bdM Is a separate corpatadon that Is
acting solely sa a nominee ii$ Leader and Leader's sucoeaaots and assigns. MW Is tke mortgagee ender
this Securky Iwsttamatt. UM is Otgumized and au a ft under the laws of Dolswere, and has an address
and telepbone number 60 .0. Boot 2026, [+Iiat,MI 48501-2026, tel. (888) 679-MFRS.
(D) "Lomdw" is WX lI1a11C3ILL CORPMATIOw. Lender Is a CORPORATION organized and existing
under the Ism of DzuumAR3L Leader's address is 6000 coum tt PA1tmmy nz. A, xT
ZA13RE7„ 11J.08054.
(K) "Nate" means the promissory note signed by Bommer and dated OzPTR ZR 29, 3006. 11w Note
stapes that Bon wer owes Lander am 80RDym TSIRTY-Tito' TBODBAwD UVW =MR=
TMIXTV AND 00/100 Delius (U.S. $132,720. 00) plus iul' , ,11 Bormwer has promised t0 pay this
debt in regular Periodic Payments and to pay the debt In hill not lour than oCTOesR 1, 2036.
(1) "Property" means the property that is described below under the heading -rmufcr of Rights is the
PENMYLVAMA4b* Fasuiy-Faaote MsdPrWft Mee UMFORM D1$T UMENT
+0 307.31 Page I of 13 Form 1$19 U81
"BX1968PG25•8Z.
6570604056 r
Property.*
{G) "Levu" mesas die debt evhk=d by the Note, plus interest, my prepayment obarges and late cherges
due under the Note,' and all sums due under this Sec6 4 Iaet urocut, plus intemtt.
(JUL) "!Coders" moans all Rid= to this Security Instramasnt that are executed by BarroweL The following
Riders are to be executed by Borrower [check box ae applicable]:
O A 0table Rate Rider O Condominium Rider D Second Hoare Rider
Balloon Rider 0 Phoned U* Development Rider 0 Biweekly Payment Rider
041-4 Pamily Rider O Other(s) [specify]
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinanoea and administrative rules had orders (that have the effect of law) ae well a all applicable final,
non4ppeakble judicial opinions.
(.q "Cosamuadty c lotion Douro, Fees, acrd Mem scents" means all dues, form, assessments srd other
charges that am imposed on Borrower or tha Property by a eondomalum association, homeowners
association or saadlar orlpsization.
VK) "Maturoote Funds Thunder" meows soy tta 11d, of fvn&, other flan a tta wwdm orlginatad by rhea,
dra&, or siarist papa iurswmmot, which is initiated through sa electronic tanriml, telephaaio lnatrument,
conWArr, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term hwludM but Is not limited to, point-of-sale transfers, automated teller machine
tranaehons, trxw*ra initiated by telephone, wire tamefxas, and automated desvingbouse transfers.
(.) "Rseriew ttrsars" moans those hems that are daaribad is Section 3.
(M] "M unnamous Proceeds" means nay compensation, settlement, award of damages, or proceeds paid
by any third party (other than luawanee proceeds paid under the coverages described in Section 5) for @
damage to, or de stnredon of, the Property; (ii) condemnation or other taldag of all or say part of the Properly;
(iii) conveyance in lfau of condemnation; or (iv) mismpr+esentations of or omissions as to, the value and/or
condition of the Property.
(l) "Mortgage hunrance" means insurance protecting Lender against the nonpayment of; or default on, the
Loan.
(O) "Psriodie PaymanC' means the regularly scheduled amount due for (1) paneval and interest under the
Note, plus QQ any amounts under Section 3 of this Sewmty Instrument.
(P) "UWA" means the Real Pstate Settlement Procedures Act (12 U.S.C. 12501 et aoq.) and its
implemeeft regulation, Rcgulation X (24 C.FJL Part 35011), as they might be ammdod from time to time,
or any sddltioaal or successor fegblstian or regulation that governs the same subject matter. As used in this
Scouaity Instrument, "PMPAa reflux.to all requirements sad restrictions that we imposed in regard to a
"fndarsUy related martgaga loan" even if the Loan does not qualify a it "federally related mortgage loan"
under RBSPA.
(Q) "Successor In hdnwt of Borrower" mom any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note andl r this Security Xnstru mmt;
TRANSFER OF RIGHTS IN THE PROPERTY
Thl} $ocurity Instrument secure to Lander. (1) the repayment. of the Loan, and all reorrwals, extensions and
inodifioations of the Note; and (li) the perkmance of Borrower's covenants and apw mts under this
Seou my lnstru awmA and the Note. For this purpose, Borrower does hereby mortgage, giant and convey to
MGRS (solely A {nominee for Le der'snd Lmder's sucoessoaa and assigns) and to the successors and assigns
of WMS 'die Mewing daetibcd pmpuaty located in the Cat7i= (Type of Recording Judedictiou) of
cmawRi tM (Name of Raxmliog Jurisdiction)
LEMM At5t3Ci;I vox ATTACERD MM=0 Am MANI A PART MUMF. .
AKL RUT PRWIOHORO T09A MUP
which currently has too addroes of 1. Cn=TRR RD, to N01 A, Puunsylvanls 17 0 25 ("Property Addrese"r
rZN11MVAMUSh* rawHy-Feuiala 0ladFreddb Kass gNWORM INMUMEW
*# 34732 Paaa2 of 1) Form 30391101
BK i 968PG2583
851611611636
ToOETHER WITH all the improvements now er hereafter erected on the property, and all
asemeuts, appmtsicances, elan fixtures now or haeafrer a pat of the property. All raps and
additions shall also be covered by this Seem* Instnamcat. All of lbregaing is rn red to in this Scanty
Dent as the whopedy.11 Borrower understands and agrees that MERS hholds ody logal title to the
interests granted by Borrower In this Secudty Instrumm4 but, if necessary to comply with law or oustom.
MERE (as nominee for Lands and Lundees successoora and assigns) has the fight: to amcise any or all of
those interests, Including, but not ibpritsd to, the right to foreclose and sail the Property; and to take any
action roquiied of Lander including, but not limited to, mieasing and osoceling this Security Instnnnent.
BORMWER COVENANTS that Bcaower is lawfully, added of the estate hereby ocaveyed and has
the right tm mortgago, great sand convey the Property and that the Property is uneacunbera4 except for
aw=brsn= of record. Borrower warrants and will defend gisarrlly the title to the Property against all
claims and demands. subject to any eacumbraDicell of record.
THIS SELTUI'T ]NSTIIIJMBNT combines uniform ODVMMM for national use and aoa-uniform
eovenams with limited variation by jurisdiction to oenstitute a unifoorm security instrument covering reel
pr'operty-
UN ooRM COVENANTS. Bmwwor and Lender covenant and agree as follows:
L Payment of Prhaetpal, interest; &amaw Items, Prepayment Charges, and Labe Cba gee
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and lobe charges due under the Note. Borrower shall also pay Omds for Escrow Items
pursuant to Section 3. Payments due under the Now and this Security Instrument shall be made In U.S.
curr'y- Aowever, if my check or other instrument received by Lender as psynent under the Note or this
security IMMAMMA is returned to Lender unpaid, Lender may require that a* or all subsequent paymMIM
due unda the Note and this Security I ownsumt be made in coo or mono of the fallowing forms. as sleeted
by Lends. (a) cash, (b) marry order; (e) ce rtified check bank check, tdsurees check or.csama's check,
provided, say such check is drawn upon. an institution whose departs are i wxW by a Wad agency,
instrumentality, or entity. or (d) Blechock Funds Mmusfer.
Payments are dcemed received by Leader whims received at the location designated in the Note or at
such other location as may be designated by bender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are lnsuifick t to
.bring the Loan current. Lander may acoapt my payment or partial payment iaau>Bolent to baring the Loan
ourrent, without waiver of any rights hereunder or prejudice to its rights to refine such payment Of partial
paymots in the fume, but Lender is not oblippated to ripply such payments at the time mob payments m
seoeptxi, is each Periodic. Payment is applied as of its s olmduded due datk than Lander need not pay isolawd
on rnapplted Panda. Leader may hold such tnalOW finis until Borremwmakes payment to bring due Lover
current. If Borrower does not do so within a nmsmable period of time, Lender s
cc roban them to. Borrowm If not applied, easiier, such .;ands will be applied
balance under the Note immediately prior to favalosum No ormt or claim which Borrower aright have now
or in the li.tsm against Looder shall relieve Borrower from s payments dune under the Note and this
Security Instrument or parforming the covenants and agreom ents-scoured by this Security bseu mat
2. Applleation of Payments mr Proceeds. Except as otherwise de w&cd 'in this Station 2, all
payments accepted and applied by Ldndar shall be applied is the following order of priority: (a) interest due
under the Note; (b) prinepal slue under the Note; (c) ameunia dud under Section 3. Such payments shall be
applied to each Periodic Payment in the order in whioh it became due. Any remaining amounts ball be
applied first to late charges, second to any other amounts due under this Security huttumont, and then to
reduce the principal balance of the Note.
Payment
u_
If Lender receives a payment from Borrower for a dolio*mt Perthe iodic
pwhich ayment includes the
sulrieient amount to pay.agy istc charge due. tine payment may be applied YENN9nVAPF1~r=1t'-Faaa1el 119SW k MacilNIPORM DM RUhMW
OW 347.32 Page 3 of 13 Perm 3939 IM
BK-196sPG2s,s4
6570406036 r
late ebaxg, If more 4 than cute fP?die eriodic Payments if, to t?A aleat. that, each payment can paid in
full. To Borrower the to extent that thaat t any tacocas eacists niter d* payment is aPP? to die fill! payment of one a nwre
i
periodic payments. such excess may be applW to any late charges due. Voluntary pmjmymcnU shall be
applied• first to any prepayment charges and them as described in the Note.
Any applicusHam of payments. hunzaaco proceeds, or Ivllscellanoaua Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodio Payments.
3. Funds for Escrow Ltsom Boarawer shall pay to Lender on the day Periodic Payments are due
under the Nots, undl the Note is paid in full, a sum (the "Funds'j to provide for payment of amounts due fine.
(a) taxes and assessments and other items which can atiatn priority over Held Security i etnsme { j ?? any; enmanha toe on the Property; (b) laschold payments or ground rants on th c property. if
for mV and all Insurance required by Leader under Seadan 3; and (d) Mortgage Insurance premiums, if any,
or my arms payable by Borrower to Leader in lieu of the payment of Mortgage Insurance premluma in
accordance with the provisions of Section 10. These itcox are ailed "Escrow Items." At origination or at any
time during the tam of the Loan. Leader may require that Community Association Does, Fees, and
Assessments, If any. be escrowed by Bomrxc , and such dues, Am and assem ments shall be an Escrow Item.
Borrower ahall promptly fin-al to Leader all notlees of mmunto to be paid under this Section. Borrower
shall pay Lender the Funds fa Escrow Rana unless Lender walves Bon ww's obligation to pay the Funds
lbr any or all Escrow trans. Leader may wave Bonv*Ws obligation to pay to I arrler Funds for any at all
Escrow Irma at any dine. Any such waiver may only be In writin& in the coact of such waiver, Borrower
shall pay directly, when and where payable, the arnormts due Ibr any F.aeraw Loma for which payment of
Funds has been waived by Leader and, iP Lender requires, :ball finxibb to Lender receipts evidencing such
payment within snob time period as Leader may require- Banower's obligation to make web payments and
to provide receipts shop for'all purposes be-deemed to be a covenant and agreemaat contained in this Security
Inatnmtcut, as the phrase "covenant and agreement" is used in Seetioa 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, sod Borrower We to pay the amorwt due fix an Escrow hem,
Leader may atercise its rights under Section 9 and pay such amount and Borrower sball then be obligated
under Section 9 to repay to•Lendcr and scab amount. Loader may revoke the waiver as to any or all Escrow
Items at awy time by a nod= given is accordance with Section 15 and, upon such revocation, Borrower shall
pay to Leader all Fwxk, and in such amounts, that are then required vender this Section 3.
Lower may, at any time. callers and hold Funds in an amount (a) suffide tt to pertak Lender to
apply the Funds at the time spedW under RESPA. mod (b) tot to cwmd the nm dawn amount a leader can
require under RBSPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of acpeadituees of future Escrow Items or otherwise in accordance: with Applicable
Law.
The Funds shall be held in an ins tutlon whose deposits are ho red by a Word agency,
}nstRt,ooao4rlity? or a atrty (including L.eades; if Leader , is an institution whose dequo * are to insured) or in
any Federal Home Lou Bank. Lander shall apply the Fonds to pay the Escrow Items nol Fes' annually
spear under RESPA. Larder "half rot charge Bouxdrwer for holding and applying
analyzing the acirow account; or verifying the Escrow Runs, unless Calcine pays Borrower interest on the
Funds and-Applicable Law permits Lewder to make such a drarge. Unless an agreement is made in writing or
Applicable Law requites interest to be paid on the Funds, Lander chap not be required that Borrower many
interest or earnings on the Funds.-Borrower and Lander can agoea in writing. however, of tterest he Funds as
paid on the Funds. Lender "ball give to Borrower, without clause, an annual accounting
nqulr d by RESPA.
If there is a sapho of Funds held In err,mew, a defined under RFSPA, Lander shall accent to
Borrower fa the owess funds in accordance with RESPA. If there is a ahortage of Funds bald in-escrow, as
defined under REWA. Lender shall notify Borrower as required by RESPA, and Boaowar shall pay to
Leader the amount necessary to malm up the dwx0ge in aceardanee with RESPA, but- in no more than 12
monthly payments. If then is a delieieney of Funds bead in e6erow, as defined under RESPA. Leander sball
nobly Borrower as required by RESPA. and Borrower aball, pay to Lender the• .mound necessaryto, make up
the deficiency in accordance with RESPA, but in no more thorn 12 monthly paymeam.
Perir MVANrA4ioale Fantle-aaaat. tNu?ee?ar tNaeUNUN aM ugtoaECarr
L? 34732 Pasc 4 of 13 Farm 3639 trot
BK 1988PG258,5
$370600056
Upon psymerd in full of all sums secured by this Security instrument, Lender atoll promptly refund
to Borrower any Funds held by Lends
4. Charges; U=6 Borrower shall pay all taxes, ass , charge, ftok and impoWdons
attributable to the Property which cam attain priority over this Seourily instrument, leaaehoid payments or
ground rotas on the Pmparty, if any, and Community Am odstion Dues, Fees, and A ix, if any. lb the
latent that these iteM are Ewrow Items, Borrower shall pay them in the mamwprovided in SaW m 3.
Bacrower shall promptly diedwp any lien which has priority over this $=city Iastrumcat unless
Bonower: (a) agrees in writing to the payment of rite oblipootion secured by the lien in a manna acceptable to
•Laulm but only so long as Borrower is paftmiag such fit; (b) contests the lien in good faith by, cc
defends agafixt mewcoment•of tha lien in, legal prone cbW which in Leader's opinion operate to prevent
the enforcement of the lien while those pmosedings set pew tr>8, but only until such proceedings the
concluded; or (e) aem rea ftom the bolder of do lien an agreement xoddra?7+ to I ssubor4inating
lien to this Semity Inetrummt If Lender determines that any pat of the Property is eubjeot to it lien which
can attain priority over this Seotaily hataument, Leader my Biwa Berromw a notice id g the lien.
Within 10 days of tbo date on which that notice is given, Borrower shall satisfy the lien or take am or mace
of the actions act forth above in this Seetiah 4. •
Leader may require Borrower to pay a ore-tines charge for a real estate tax verification and/or
reporting service used by Lender In connectim with this Lou.
S. lroparfy lmsorance. Borrower eball keep the impr+ovemeate mw existing or lureaft erected on
the Property mooed sgsluet loss by fns, hazards Included within the term "extended covacrMn and any other
ha m& including, but not limited toy earthquakes and floods, for which Lender requires insursom This
insurance shall be maintained in the amounts (including deductible levels) and for the penods that Leader
requires. What Leader regwm pursuant to the preceding sentences an change during the term of the Loan.
The insurance harrier providing the kwA=co shall be dmen by Borrower subject to Lender's right to
disappmve Borrower's choice, which dot ahadl na be-exercised unreasonably. Lender may requdm Borrower
to pay, in comawtion with this Loan, either. (a) a onetime chorgo for flood moose determination, certification
and tracking services; or (b) a one-time charge for flood more demon and cortiiiwA= servim and
subse luent chatga 'each time reunppiuge or Similar dualp' ocoanr which reasonably might affect such
datamfaation or oaKiflcation. Borrower shall also be responsible for the payment of say fees imposed by rho
Federal Emergency Management Agency m connection with the review -of any flood som doom
resulting ham sa objection by Borrower
If Borrower Gila to maintain any of the coverages ftertbad above, Leader may obtain Insurance
eoveruga, at Larder's option and. Borrower's oaponte. Lender is under no obligation to purchase any
particular type or amount of coverage. Thuaeforro, much oovarge shall cover Leader; but might or might not
protect Borrower, Borrower's equity in the Property, or the contents of the Property, against say risk, hazard
or liability and might provide greater or leaser omwaoge than was previously in dS:ct Borrower
acknowledges that the cost of the in xmc coverage so obtained might aigoific ntiy exceed the 'ood of
insurance that Borrower could have obtained. Any armuets disbursed by Gender under this Soctim 5 shell
become additional debt of Borrower secured by this Security lowumart. Those amounts shall bear interest at
the Note rate from the data of diAxasernent and shall be payable, with such interest, upon notice from I=dcr
to Borrower requesting payment.
. All iosusreuoe policies required by Leader and rmawads of such poliolcs shall be subjed to Lender's
right to d isapprove such policies, shall include a standard mortgage clause, and shall name Lender as
nnortgagae arWor as an additional loss payee. Lender shall have the right to hold the polices and renewal
certificates. If Leader inquires, Borrower :ball promptly give to Lends all receipts of paid premiums and
renewal notices. If Borrower obtains any ft m of kwjn mm eoveraga,'not namwin required by L eaft for
damage to, or destruction o4 the Property. such policy Shall inohade a standard mortgage clause and shall
name Leader as martopgec and/or as an addhicmad loss pays.
In the event of lase. Borrower shall give prompt notice to the insurance cmier and Lender. Lender
shay make proof of loss if not made promptly by Borrower: Unless Lender and Borrower otherwise agree in
writing, any ww anco proceeds, whether or not the underlying insuasnce was required by Lender; shall be
PH6NnMVAMASb* Pn djy-PMdR KS&WM k Mae UMFORN KNFMtittEN'f
4!? 34732 Pose 5 of Z3 Form 30" t•Mr
BK•1968PG2586
as?esososs .I
applied to restoration or repair of the Property, if the ru or dw or send- is economically ilessible and
Lemder'a security is not lcocned. During such repair and restorstion.period, Lender shall have the right to
hold such insun moo prom cmtil Lender has had an oppordasity to iapeat such PropeRy to eoaae the work-
b" boar complatod to Lender's satisfaction, provided that such Inspection shall be undertaken promptly.
Lender may disburse pia for 00 rqu*s and restoration in a single payment or in a series of progress
paymea t. as the wort- is completed. Unlea an agreement is made in writing or Applicable L.aw re9uirce
intent to ba paid on such insurance proceeds, Lender shatt not be required to pay Borrower any hdareat or
runings oo sach proceeds. Feet for public adjnatm% or other third parties, tetalend by-Borrower than not be
paid out of the insurance roceeds and sihatl be the sole obligation of Batowm if the restoratimh or repair Is
notAconoufmally feasible or Lender's security would be le secoad, the W uvm proceeds shall be applied to
the arena sdacrced by this Security Instaehent, whather or not than dim with the excess, if any, paid to
BMW=. Sud, insursoc a proceeds shall be applied in the order provided for In Section 2
If Bonowcr abandons the Property, Lender may file. negotiate and settle say available b"Ursaae
claim and related asatters. If Borrower does not respond within 30 days to a notice from Lender that the
insuranm carder has otlered to settle a claim, than Linder may negotiate and saute the claim The 30-day
period will begin whan the notice is given. hk oitber rNAt, or if Lander aogdrea the Property t dsSecti nn
22 or cdarwise. Borrower-hereby assigns to Lender (a) Bor wer's rights to ICY ingcn? ptcow In to
omen of
amount not to exceed the amounts unpaid under the Note or this Security Inatrumten4 (b) any
Borrower's tights (other than the fled to any =&end of unearned premium paid by Borrower) under all
insurance p dries covering the Property, inaofar as such rights ace applicable to the coverage of the Property.
Lender may use the hmmenee proceeds either to repair or restore the Property or to pay amounts unpaid
under the Note or this Security Inatnanmt, wbether or not then due ss Borrower's
6.' Oempsncy. Borrower shall occupy, establish, and use the Property ' principal
residence within 60 days aft the ereeatfat of this 9ewrky Instil amst and shall continue to ocOWY the
Property as Borower's principal residence for at least one year tiler the date of occupancy, unless Lender
odmwisa sg= in writing, which. consent shall not be unreasonably withbeid, or unless extenuating
the a exist which are beyond Boaoww's-cowl. B shall not
7. Preservation, bUju%n"ce red pmtdetdon of tie Property; +aa?
destroy, damage or impair tbe- Propat%'dlow the property to detariCrata or oor mit waste on property
Whedw or not Borrower is residing in the Property. Borrower stmt! mah*k the Property proms
the -Prcpesty from deteriorating or deQnsing in value due to its-condition. Unless it is determined purwant to
section S that repair or restoration Is not eeonomlally ikesible. Borrower shall promOY repair the PMxwtY
if damaged to avoid further detedoradon or damage. N insurance or condeaundon proceeds are paid in
aonncectlob with damage to, or the taking oC the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has ralaaaed proaeods for sob purposes. Lender may disburse p
for the repairs cad .restoration in a single payment or in a serioa of pwpm payments as the work is
e>oMbted. if the insurance or condemnation prooaeds are not suM dent to repair or restore the 1'r M",
B0 rower is not relievad of Badrowees obligation forth completion of such repair or restoration.
Lender or Its agent may trades reasonable mains upon and inspectiaw of tha PropertY. if it has
reasonable canna, Lender tray Mspaet the interior of The;nhprovemeats on the Preppesty. Lender sb tl.give
Borowa notice at tha time of as prier to such an inteoier inspection apee*hg such reasonable came.
L Bemweell Loac AppIIeatioa Borrower stall be in ddsult if. during tiro Loan application
process, Borrower or sal, persons or entities acting at the elaection of Boaown or with Borrower's
lcuowlage or consent gave materially false, mideadiag, or fiaconata i86ormatlon at, stateanents to Lender (or
fi:eted-to provide Leader with-mataW information) in connection with die Loan Material r*mm t cans
include, but are not limited. to, reprciantations concerning Borrower's occupancy of the Property as
Borower's prindpelresidence.
9. lirstadien of ]lender's Interest its the Property auk Rlow Under dds Seearrkty Iosbun at.
if (a) Bwtowa Us to pe6mm the Ow aunts and spyraenrents coubdued in this Security Instrument, (b) these
is a legal proceeding that -night sigrdHcantty affect tender's interest in the Prnpacty audlor rights under ft
Security Fnstrame nt (such as a proceeding in bankncptcy, probate:, for aaademtation or foribidae, for
enibreement of a lien which rnary attain priority over this Security Instrument or to eafawc laws or
IENPr MANtASIM& Fa®ty-Faudh Mae/FeeMIG WW UNUMN VWMUNWr
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regWad=X or (c) Borrower has abandoned the Property, tben Lender may do and pay for whatever is
.ressemable or appropriate to protect Lender's interest la the Praopcdy and rights under this Soapily
hlsnvmea, including protecting and/or assessing the wizen of tite.Propuaty, and scouring and/or repairing the
Property. Lender's actions can Include, but ate not limited on, (a) paying say sums secured by a Bert wbich
has priority over this Security Lastrtipment; (b) appeadag in cocmt and (e) paying ressoamble attorneys' fees to
protect its intereu - in the Property and/or rights under this Seorrity Instrunwat. Itiohding its seemed position
is a baslmuptoy paocooding. Seaariag the Propedy -hwh dos, but is not [mailed to entering the Property to
make repairs, change locks, replace or board up doors .and windows, drain water 5ram pipes, ellmloate
budding at other coda violations or dangerous conditioru, and have oiifftles tanned on or off •Ak hohagb
Leader may take action under- ibis Sacdm 9, Lender does not have to do so and is not -under any duty or
obflgadion to do so. It is agreed that Leader ins rs no 6aidllty for not taking any or all actions authorized
under this Sealer 9.
Any amounts disbursed by Fender uodar this Section 9 shall become additional debt of Boaowcr
scoured by this Security Instrument..1lmaa amounts shall bear interest at the Note rate item the date of
disbursement and shall be payable. with omb interw% upon notice from [.ender to Borrower requesting
payment.
If this Security Imtrurneot is an a leasehold, Burrower shall comply with all the provisions of the
lam. Borrower shall not surrender for leasehold extata and interests horeio oonveyed or twainste or cancel
the WwAnd Jesse. Batrower shall not, without the eexprou written consent of Linder; alter or amend the
ground lease. If Borrower acquires fee title to the Property. the leasehold and the fee title shall not merge
unless Leader agrees to the merger in writing.
10. Mortpge Inmaroace. If Lander r Vnmd Mortgage Imtraoe as a condition of making the
Loan, Borrower altar pay the premium 1eq*c d to maintain the Mortgage Iasunsnce in affect. If, for any
reason, the Mortgage biouaance coverage requited by Lender ceases to be a"di able imam the mortgage Ineu m .
that previously provided such insurance and Borrower was required to malm aspasviely designated payments
towed the pretaims for Mortgage Inmuanoe, Borrower shall pay the ptemdtans required to obtain coverage
Substantially equivalent to the Mortgage Insurance previously to effect, at a cost afttandally equivalent to
the cwt to Borrower of -the b e iusurnoaxa previously in t tract, from an alternate mortgage low=
selected by Leader. If tubsbintially equivalent Mortgage hwArsaoe covenge is not avallab* Borrower daall
continue to pay to Lender the amount of the sepauddy designated. payments that. were dux when the
Insurance coverage ceased to be in effect. Leader will secept, taan and retain these payments as a non-
refundable loss reserve • in lieu of bloopile Ins ustim Such • low reserve shall be inn-reamdable.
notwithataading the bet tbat the Loan is ultimately paid In fW. and Lwder sball not be required to pay
Borrower any *Am* or earnings on such loss reserve. Lender can no longer require loan reserve paygm is if
Mortgage' Insurance coverage (in the amount and for the period that Leader requires) provided by an Woo
selected by Lusndar spin baoomes r4Wkb* is obtained, and Leader requites separately desipated payments
toward the premium for Mortgage insurance. If Lender required Mmtpge lnsmsnce as a condition of
takin the Low and Borrower w= rcq&W to make separately designated payments toward the pronitims
fir engage Insurance, Harrower shall pay the premiurm r **cd in nialsitain Mmtppe Insurance in dfack
or to provide a non-tefi"bi lass r+esucva, until Lenders requirement lbr Mortprgo Insunaoe ends in
scoardsaoe with say written agreement between Borrower and Leader proviaiing ibr such teemleaden or until
termlnatiueh is required by Applicable Law. Nothing In aria •Secdon_.10 affects Borrower's obligation to pay
iarta- attlic rams provided in the Note.
Mortgage Insurance toimbutses Lender (er any entity that puatobaaoa the Note) for certain losses It
may meta' if Harrower does not tepaty the Doan as weed. Bamwer is not a patty to the blertpsge Jummaam
Mortgage insia n evaluate their total risk an all such Insarsnea In force l1om time to time, and may
enter into al is with other parties that abare or modify their risk, or reduce loses. Thin agreements
are-an to rms and conditions "we sadsdetulry to tha•mortgap inaarer and the other party (or, psrtiea) to
those ¦ , 37hese agraaramts may require the ma rkm Insurer to make payments using any.source of
funds that the mortgage Insurer my have available (which may include fiends obtained from Mortgage
Ituarmm purWDIUM41
. . As a msadt of tbese agreements. LendM any p wobaser of the Note, another insurer, any reiosumer,
PENNnLVAt'!tA-gtngk Family Fannie MaWrardae Mae UNPOtaaai rf4t MUM XqT
*a 34732 Page 7 of 13 Farm 3091[01
SKI968PG2588.
ss7osoaess
any other eatity, our my affiliate of any of the foregoing, may receive (diraxly, or indirectly) mnocmls riot
drive from (or might be characterized as) a portion of Barrw*='v paymmts for Mortgage Insurmoc, in
exchange for sharing or modifying the nmipgc insurer's tidy, or reducing losars. If such age cmc;ot pmidea
that an affiliate of Lander Wm a share of the insurer's risk in owbpnge for a sheoe of the premiums paid to
the imsnrer, die awwaameat. is of3en tented -cop five: rekasaneo." Further
(a) Any such agreemenb•wfll not atlixt the amounts that Borrower has agreed to pity for
Mortgage Insurance, or my other tame of the Gans. Such agreements will. net haarease the amount
Borrower will awe for Mortgage )insurance, and they will net eaMe Borrower to any refund.
(b) Any sorb agmusaab wdl not affect the rigkts Borrower has - If any - with respect to the
Mort" Innrrame under The Homeowners Pr*bxdon Act of 1998 or nay other law. Than rkbb may
Ltehsele the right to recelve certain disclosures, to request and obtain casings ion of the Mortgage
Iatsmwece, to be" the Mortgage houram terminated aatumtatluft and/or 4o receive a rdkmd of any
Mortgage ldasarance premiums That ware uaearded at the time of such auoa0ation or termis"wo.
I.I. Assignmeaat of Mtseellswoen Proceeds; Forfeiture. All Minus Proceeds era hereby
assigned to and shall be paid to Londoz
If the Property is dammed, such bfiset llormus Proceeds Wall be applied to tectatation or repair of
the Property, if the resmratfon our repairis economically feasible and Lender's seaueky is oat lessmod. During
such repair and restoration period, Leader shall have the right b hold such Mboallancous Proceeds until
Emdor has bad m oppothrulty to inspect such Property to causto the won* has bean eeanpleted to Lwda's
satisfictim% provided that such inspection shall be undettato is prey. Lander may pay for the repairs and
mtoratim in a single disbursement or in it series of progress payments as the wo& is completed. Unless an
agreement is made in writing or Applicable Law requires interest so be paid on such Miscellaneous Proceeds,
[.tinder sball not be required to pay Borrower any intern or a on such bus Pro=zis. If the
roxmtation or repair is not economically fsaalblo or Landees, aonurity would be lesseooe? the Mhmilancous
Proceeds shall be applied to the sums secured by this Security Imslnamart, whether or not them due. with the
e=cm if any, pad to Bomi war. Such Misodlukwus Proceleds shall be applied in the order provided for in
Seddon 2.
In the event of a total taking, destruotian, or loan in value of the Property, the h&cellamrous
Prooaeds shall be applied to the cams wowed by this Security instrument, whether of not than due, with the
excess, if any, paid to Bo nowet
In the event of a partial taking, destruction, or loss in value of the Property in which the A& mor act
value of the Property immediately bofsre the partial tanking, destruction, or low in value is equal to or gawtnr
than the amount of die sumo scouted by this Security Inswuncut immediately bolbre the partial taking,
destruction, or loss- In value, unles Borrower and [.ender otherwise agree in wridmg, the sums secured by this
•Swidty bet umemt shell be reduced by the amount of the h iscatiaaeauu Procee& multiplied by tba
following fncdon (a) the total amount of the acasns secured immediately be:idnra the partial taking,
destruo , at loss lo-value divided by (b) the Bair market value of the Proparty.•iramediasely, before the
partial taking, destruction, or-low in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss to value of tbo 'Property in which the fair market
value of the Property immediately, before the padW W& & destructioN. or lose in value is less than the
amorist of the sums secured immediately, •befat+e the partial taking, dorms Lion, or loss in value, unless
Borrower and Lander otherwise agree in wcitiug, the M welloneouus Proceeds shall be applied to the au?
secured by this Security Instrument whether or not the sums are then due.
If the Property in abandoned by Danvo-er, or 14 of cr notice -by Deader to. Borower that the
Opposing Patty (as defined in the area sentemc) otfemt to make an award to settle a claim ft damages,
Hommmer fails to respond to Lender within 30 days after duo date the notice 1s Shea, I ttder is outbcrized to
collect acid apply the Mfscellameoes- Proceeds either to.resrorattion or,tepair-of the Property or to the sans
socurcd by this Sacuuty Instrument, whether or not then due. "Opposing Pargr" means the third party that
owes Berro*w Miscellaneous Pwcn& or the party against whom Bonower has a right of action in regard to
Miscellaneous Proceeds.
Bom war shall be in default if any action our proceeding, whether civA or criminal, is begun that, in
Leader's judgment, could result in fbrbeitmre of the Property or other material Impairment ofLender's Intet+eat
PEtHMnVArflArtHv& Pandly Fannie r&*T eddk Use DWORK 9WEI tUat M
*.?' 34732 Papa of 13 !Poem 3439 tNl
6K 1968PG25.89
6570609056
in the Property or sights under this Seourity Instrument. Boaowec can cure such a det cult and, if acceleration
has occurred, reinau as provided in Section 19, by causing the action or pooxoding to be dismissed with a
ruling that, in Lender's judgment. precludes boafetture of the Property or other material impairment of
Lender's interest in the Property or rights udder this Serxrity Ira wont. ?he proceeds of any award or claim
for damegea that are attributable to the impairment of Leader's Interest in the Property are hereby assigned
and shall be paid to L crates.
All bliscellancous Proceeds. that are not applied -to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
11 Borrower Not R,elmand;.Forbearance By Leader Not a Wakes Extension of the time
Lander for
payment or modification of amortisation of the auras secured by this Security Instrument 8x? a? or
to Borrower or awW Successor in Inleoest of Borrower shall not operate rdaese die liability
any Successors in•biercat of Borrower Lender shall not be required to commanoc proceedings against any
Sucoessor In Interest of Borrower or to refiase to extend thnao for payment otherwise amortization
of the sums sad by this Security rustrumentby reason of any demand made by the original Ho
any Suacemors in Interest of Borrower. Any forbeennoa by Leader in era vising.any rigs or remedy
indodiag, without limitation, Lmder'a acceptance of payments from. third persons, entities or Successors in
Interest of Borower or In amounts less them the amount than due, shall not be a waivux of or preclude the
exercise of any rigid at remedy.
13. Jalat and Senor al Mability; Co-elpats; Sumesso" sad A"*M Boaa d. Bwowff covemmea
and agrees that Borrower's obligatiome and Wbiilty shall be joint and several. Mowers:; any Horrower who
c"Wa this Saxony Imatruawnt but does Dot exocuto the Note (a'ea9ipw): (s) is co-signing this Swurity
Instrunuat only to moctgegei Brant and convey the oe4por s iater+est hi the Property under the trans of this
Security Inat meat; (b) is not personally obligated to pay the stuns seared by this Security Iastrumaat and
(o) agrees that Lander and any ether Bamawer ram agree to extend. modify, fo*w or make any
accommodations with regard to the tams of this Seaaity Instrument or the Note without the eo-aiWWes
consent.
Subject to the pirwAskm of Section 18, any Successor In Interest of Borrower who asaamnw
, shall obtain all
'Borrower's obligations under this Seeueigr instreffihmt is vvritinig. and is approved by Lender
of Borrower's dgbts and beneffts under this Security instrument. Borrower shall not be Weased 6om
Borrower's obligations and liability under this Security Instrument tales I.eadar agrees to such release its
writing. The cowmsnis and agreements of this Scatuity instrument doll bled (except as provided in Section
20) and benefit the successors and assigns of Lender. .
14. Loa Charges. Lends nay charge Borrower. foes 'for services performed In connection with
Borrower's debutt, Ibr the purpose of protecting Lender's interest in the Property and rights under this
Security Itaft must. inoltding, but not limited to, attorneys' few, property inspection and valuation fees. in
Mpard to any other few, the absence of express audwrity In this Security Imbvsaaut to dw pe a specific fee
to Borrower "not be cowtrued•as a probibitiom on the charging of such fee. Lander may not charge bra
that an expressly prohibited by difs Seoutity Instrument or by Applicable Law.
If The Loan is subject to a law which-sets mareimemt loan charges, andthat law is finally i mqm tad
so that the interest or other torn charges collected or to be collected In connection with the Lean eaAaad the
permitted limits, those (a) any such lean charge shall be reduced by the amount necessary to reduce the
charge to the p limit; and (b) any emu already collected ttom Borrower which exceaded permitted
limits will be refiunded to Borrower. Under may choose to make thin refaced by 1 m & - ing the ' 1 > o ? the under the Note at try making a direct payment to Borrow= If a refund roderces paindpai;
be treated a. a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the NotO Boa we es acceptance of any such refemd made by direct payment to Borrower
will constitute a waiver of any right of action Borrower mutt have arising oraof Mich overcharge.
1S. Notices. All notices given by Harrower or Lender in conmce" with this Security Instrument
most be is writing. Any notice to Borrower in connection with this Security hokumont shall be deemed tq
have been given to Borrower who mailed by first class mail or when actually detivmod to Borrower's notice
address if seat by other means. Notice to any one Boaower shall constitute notice to all Borrowers unless
Applicable Law expressly •requirce otherwise. The notice ad*= shall.be the Property Address unless
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A` 34732 Prigs 9 ex' l3 Form J6r41Nn
BK I 968PG25'9.0
637401036
Borrows has designated a substitute notice address by no" to Lender. Bauw*et. shall lrocaptiy notify
Leader of Borrower's cheap of address. If Leader speaific s a procedure foe repotting Boaower's cheap of
address, then Borrower shall only report a change of address through that spe dfied procedure. There may be
only one designated notice address under this Security h wwummt st any me time. Any notice to Leader shall
-be given by defived»g It or by matting it by first class mail to L xxWs address stated herein unless Leader
has designated wotber address by notice to Borrower Any notice In comcedm with Ihia Secwih' Instrument
shall not be deemed to have been given to Linda' until actually received by Leader. If any notice required by
this Security Insaunne t is also required under Applicable Law, the Applicable Law requirement.will satisfy
the corresponding roquiremeat under this Seats* laskumenL
16. tOvarrdag Law; Severabli1q; Rules of Comstrudtow This Security Instrument shalt be
governed by federal law and the law of the jurisdiction In which the Property is located. All rights and
obligates contained in this Security InstJkumeatt we subject to say and limitations of
Applicable Law. AppticshI Law might explicitly or bnpiiaitly allow the patties to agree by cones or it
Might be allent, but such silence shell not be construed as a prohibition against agreement by eonksat. In the.
event that ary provision or clause of ibis Security Instrument or the Note core ficts with Applicable Law, such
contact shall not affect other provisions of this Scanty Iastrhamemt or the Note which can be giver effect
without the caadic Ling provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and inctudo
caatrspouding seats wards at words of the feminine gender, (b) words in the shagtrlar shall mean and
includo the plural and vice vases; and (c) the word "may" gives We discretion without any obligation to take.
any action.
•17. Borrower's Copy. Borrower, mhall be given are copy of the Note and of this Security
bnsaurment.
I& DwasSer of the Prepcrty or a Beneftial Interest ba Horrs w. As used in thin Sorties 18,
"Interest is the Property" teems any legal or baneficial interest in the Property, including, but not limited to,
those beneficial interests trsnefened In a bond for deed, contract for deed, installment sates contract or
escrow agreement, the intent of which is the 1 uana6 of title by Borrower at a ire date to a purehosec
Hall or any part c1 the Property or any Interest In the Property is sold or hmkrmd (or ifBam wer
is not a sustund person and a beneficial Interest in Borrower is sold or trmaferred) without Lcoda a prior
wnum • consent, Leader may require inu sediate payment its full of all sums secured by this Sochnity
Instrument. h'slowever, thin option shall not be excreiiaed by Lander -if such exercise Is prohibited by
Applicable Law.
If Leader exercise this option, Lender shall give Borrower notice of aoeeietstim. The notice shall
provide a period of not less then 30 days tram the date-the notice is given in aecardance with Section 15
within which Borrower mist pay all sums secured by this Se purity Instiramemt. If Borrower fails to pay these
sutras prior to the c;pintion of this period. Lander may, invoke any remedles permitted by this Security
Instrument without fimther notice or demend an Borrower.
19. Sor w?er's Right to Rebwaste Auer Acceleration. If Borrower meets certain conditions,
Bommer shall have the right to have aducement of this Secretly instrument ditomdwed at any time prior
to the asrlicst of. (a) live days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Barower's
right to :einstwe; or (c) entry of a judgment cofordug this Seautsty Isar mtatt. Those condition are that
Borrower-0) pays Leader all sums which thin would be due under this Security hw rumeot and the Note as
if no acceleration had ocmrrcd, (b) -cures any default of any other aovensnts or agreements; (c) pays all.
Manses Incurred is en&rcmg this Security Itdtumeak, including, but that limited to, reasonable attorneys,
flees, property inspection and vshuation fees; and other fees incurred for the purpose of protecting Leader's
interest in the Property and rights under -this Security Instrument; and (d) takes such sedan as Lander may
reasonably require to assure that Lendces Interest in the Property and rights under this Security Inskumcnt,
and Borrower's obligation to pay the sums secured by this Secmity Insaument, shalt continue unchanged.
Leader may require that Borrower pay such reinstatement wane and ecgw men in one or more of the following
forms, as'seheeted by Leader. (a) *ash; (b) money order; (a) oertified check, W& check, trastwer's chock or
cashier's check, provided any such cht& is drawn upon an institution whose: deposits are insured by a federal
PENNMVANIA.Siga & Fermis-Frank MocsTreddk btec t>MFOBM tPISi8I1KW
•' 347.32 Pad" to at 13 Fern 3139 IM
SKt968PG259
9a7060i06a 1
agency; iusttumentatity or entity; or (d) Eleolroroo Funds TtanefeG Upon reinstatement by Bosowe:r, this
Security hwhu cant and obligations mid hereby shall remain My effective as if no accele m m had
occurred. H wam this right to tsinstate shall not apply In the case of acceleration under Section 18.
20. Sale of Iota; Cha¦ge of Umm 8ervieer; Notice of Grievance. The Note or a partial Interest In
the Note (together with this Security Instrument) can be sold we or more times without pder, notice to
Borrov m A side might result in a change in the entity (known as the "Loam Service e" that collects Periodic
Payments due under the Nutt and this Security Instrument suxi performs other mortgage loan servicing
obligshow under the Note; this Security Instrument, and Applicable Law. That also might be one or more
e mqp of the Loan Servicer umeolatad to a sale of the Note. If there is a change of rho Lou Scrvioer,
Borrower will be given. written notice of the change which will slats the same and address of the new Loan
Samoa, the address to which payments should be -made and any other 6rf ussuon RESPA requires in
won with a notice of trsns&x of servicin& Nthe Note is sold and thereafter the Lout Is seuvlowl by a
Loan Servioer other these the purchase of the Note, the mortgage loan servicing obligs&w to Sommer will
remain with the Loan Servicer or be trarwhrrsd to a succe" r Loan Savicer and ate not assumed by the
Note purchaser unless otherwise provided by the Note poc aser.
Nekbor Borrower nor Leader may eowmencn, loin, or be joined to any juddal action (as either an
individual HdVM or the member of a class) that miser tbnm the other party's aodow pursuant to We Seouity
Instrument or that alleges that the other party has breached any provision a& or any duty owed by reason o&
this Seatdty Inattument, until such Borrower or Lender has notified the other patty (with such nobles given in
compliance with the requirements of Section 15) of such alleged breaeb sod afforded the other party harem, a
ressomble period after the giving of such notice to take consudive action. If Applicable Law provides a time
period which must elapse before certain sexton can be taken, the time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cuts given to Sommer pursuant
to Swdon 22 and the notice of acccluatioo giver to Sommer pursuant to Souaion 18 shalt be dexmad to
satisfy the notice sod opporturdly to take corrective naion provisions of this Section 20.
2L Hazardous Subskoce s. As used is this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following subata»cas: gasoline, kerosene, other flammable of recede pexrolcum products, toxic pesticides and
herbicides, volatile solvents. materials containing asbestos or formaldehyde, said radioacdve materials; (b)
metal Law" means A deaai laws and taws of the jurisdiction where the Property is located that mlate
to healdt, aft or atvi aameatal pmuctlm; (c) "llavironmaotal Cleanup" includes any response action,
reaehdud action, or a nsovai action, as defined in Paviesemem?l law; and (e1) an "Envkmneatal Condition"
means a condition Chit tsar cause, oontritsrte to, or otherwise Wow= Eaviratmental Cleanup.
Sommer snarl not cause or permit the presume, uwe dbpood, storage, or release of any Humak era
Substances, or theatres to release any Hmmdous Substances, on or In tie Prapcrty. Summer shall not do,
nor allow anyone elu rto do, aayd ag affecting the Property (z) tier is in violation of any R.nviromnental Law,
(b) which creates an Fa6mamenral Condition, or (c) which. due to the p, 4 e m, use, or release of a
Hazardous Substance, creates a ooacdilion that adversely aftcM the valm of that Property. The preceding two
sentences shall not apply to the Weseaoe, use, at storage on the Property of small quantities of Hazardous
Suhstaocca drat are gaaaalfy raxugnixcd to he appropriate to mornul naidentid uses and to ntahtbenenace of
the Property (fnclu n& but std limited to, hazardous. subihoeat in ooasww pmdcads).
Borrower shall promptly give Leader written notice of (a) mW iovestrgoti=4 claim, deumnri, lawsuit
or other action by cry governmental or regulatory agency or private party involving due Property and any
Ha=rdoto Substance or, Emu l Law -of which Sommer has actual knowledge, (b) any
Enviromma tal t,omdittoao, Including but not limited to, any spillla& taakiv& dfse mqM relcm or threat of
release of any Htmdous Substance, and (c) any condition caused by the pssaxx, use or release of a
Hsrat+douu Substance which adversely affects the value of the Property. H Borrower learns, or is notified by
any governmental or regulatory authority, or any private party, that shy x val or odw re mediation of any
Hazardous Substance acting the Property is necessary. Borrower shall pnxW dy take all necessary remedial
actions In accordance with Utvironmeatal Law Nodit herein shalt create any obligation on Leader for an
Euviroame:ntal Cleanup.
PS WMVANU-6Jz le Fas>'b-Fande IKae ffNddte Mae UNIFORM UYSTRUKEN'f
0& 34732 Page 1 i cf U Fbrm 30310 Uat
6KI968PG2592
eS70i0105i r
WON UNIFORM COMAN S-Borrower and Lender S,adta covenant and sg= as Ulm:
22. Acceleration; Remtdles. Leader shall give notice to Borrower prior to acceleration
*&owing Borrower's bread of any covenant or agreement IA this Security Isobvatent (bat sot prior
to anderadon ender Section 16 utdess Applicable Law provides odwr*lse} Leader :ball soft
Bwrower of, amaoatq•ether ddngn (a) rho default (b) the action required to court the default; (c) whca
the default -mast be cured; seal (d) that tailwre to care the default as specified may rant hi
a=du'sdm of ties auAls sacuTed by this Ssmrity InstOment, fttreelesara by Judicial, proeeedins and
sale of the Property. Lauder shall fw*er tuft an Borrower of the rW to reinstate after acceleration
and the r*bt in assert in the freclosare proceeding the non-existence of a dsbah or any other defense
of Borrower to acceleration and fbreclwum N the default Is mot cored as spai9ed, Leader at its apdoa
may regain immediate payment In full of 4 tams secured by this Security insummosit without fartiter
demand and may Swedwe this Seearlt71eet by judicial proceeding. Long doll be cudded to
collect all expenses Incurred in pursuing the remedies provided in tbis Section A badudf% but ant
limited on, adwasys' fees and costs of title avidence to the extent permuted by Applicable Laws
23.-Rd ass Upon payment of all some wound by this security Iaetniment, this Security Ind
and the estate oenveyed 64 iermntate and become void. After such occurrence. Deader shall discharge and
'satisfy thin Set tally Instrument Borrower shall pay any recordation costa Lender may charge Borrower a fee
for mkas* this Security Instrument. but only if the fix is paid to a third party for services neula+ed and the
dnr&g of the ft Is permitted under Applicable Law.
24. Walwrs. Borrower: to the cxA tt permitted by Applicable Law, waives and releases any am or
detects in proceedings to sm??diix ti6n. e?sion of time. and bareby waives the benefit of any exemption ftnm adachmont+ levy and ale, and
future )a" pawidsB for Stay •
homestead eaemnpdm
25. Reinstatement Period. Borrower°s time to reinstate provided in Section 19 *4 extend to one
hour prior to the coameocament of bidding at a shaWs sale or other sale pursuant to this Security
Instrument.
. 26. Purchase Money Mortgage. If any of the debt wcured by this seoui* Instrument is lent to
Borrower to acquire-title to the Property. this Secur* Instrument shall be a parchssc money mortgage.
27. Interest Rata After Judgment. Borrower agrees that the interest tabs payable aR.ei a judgment
Is accred on the Now or in an action of mortgage foreclosure shall be the rate payable from time to time
under the Note.
BY WN] Vt3 BELOW, Bomwer accepts and agrees to the feints and covenants eontalned In this
Security Instrmiant and in any Rider executed by Borrower and mcmded with. it
W 11 .1111
SEP9
1111 in* - 11111,
1-4015401M - APIMMY t)ttM 1i - DATX
rERMnVANiA-S1na1e Family-Fmwk K&dFcedit Nim UtVtl? RK IiVMUM MT
49% 347.32 Pap 12 or 13 F.rm ?391m
A1968FG2S9'3
x
edw 7
STATE OF COUNTY OF
r. Am.
e570i0sess
nay before me,
imdesigned officer; peisas aHy appeared
k nom- to me ((Pr eaddm*wily pmm) to be the person(a) whose natne(a) n1we subHaibed to the within
iaattummt sad acknowledged that helaholthey executed the same ttir the purposes therein contained.
In witness whereof, I hereunto set my band and
official seal.
..afi .N011tiAL SQL
3%20
CFR MCATE OF RESMENCH- I do hereby certify that the correct address of the within named Lender is
518 HR== 827RFET, HIM CaM RLMW, PA 17070 witness my hand this 29TH day of
OXPT1Dl ZR, 2006.
Z+@11OMAMA.9inee Feeoily-Famie W"Mmuls Mu RN1 oom IN$iitUKWT
*Y' 34732 Page 13 of 13
Form 30391/01
BK:l968PG2594
1 4 FAMILY RIDER
(Assignineut of Rents)
on=
rows as7o4ososa
HN.1000210657osasesso
TM l-4 FAMILY RMEIL is nnade this 29= day of oXpT=MXR, 2006, and is iaaarpm*W into and
shall be deemed to ameod and stipplcment the Mortgage, Decd wf Teas! er Security Decd (the "Soauity dastrume ut")
of the same date given by the undid (the "Borrower") to $am* Borrower's Non to gLu Fttnlll XAL
COR PATION t>itW? I AZLZs X= MDR3G"n (the "Lender") of the name date said covering de Property
described in the Seem* Instrument and Jwoatcd At I CUTER RA, KOLA., PA 17 025 [ftV" Addtea].
1-4 FAMMY COVENANTS. In addition to de covenants and agrecmcuts made In the Security
leatrurmt, Dommer and Lender Arty Bova um And agree as tone":
A. ADDITIONAL' PROPERTY SUBJXCr TO THHL SECURrrY INSTRUMENT, In
addition to the Propce<y described is Sconrity'? t, the follwwing items now or hereafter
attached to the Property to the c** they ant fitdwrrs are added to the Property description, sad
shall also owsftda the Property covered by the Security bM m ut bwlding materials,
appliances and goods of every nature whatsoever now or butatkr lace in, eta, or used, or
intended to be used in eounecdoo with the Property, indure#ng, but not liaaimd to, those for the
purposes of supplying or diet uNng buting, cooling, electriaby, gee, water, sin and light, fire
prevandoo and eafisguichiog apparatus, seoerity and access eoa ml appanahns. pbmabiag, bath
tubs, water MM M waver delete, ainka. ranges, Bremen, =AigoraUm diab washem disposals,
washers, dryers, Muftgp, storm wnW&,,a, stwem doers, =mesa, blinds. shads. ctanadas and
autdn Ms. attached mirrors, osbineta, panning and aftwbed Boor coverings, all of which,
iaoluding nFlacameub and adMom thereto. shall be deemed tw be and mein a pert of the
Property covered by the Smw* Imarumeot. All of rho foregoing wgetbw with the Property
described in the Security 109niment (o the leasehold es We if the Sextalty IasMment is on a
leasehold) ace referred to is this 14 Family Abler aed due Seaulty b*umoat ere the "Prop"."
B. USE OF PROPEZiTY; COMPLiANC19 WITH LAW. Bwnwwar shall not seek,
agree to or ma&e a daagt in the use of the Property or its morning classifiention, unlde Leader has
agreed in wdting to the change. Bwowrs sball comply wM all lava, ordinsocea, regulations and
MULTISTATE 14 FAMRX REDER-- hank MaeWrcMe Mae tJMMAM to MUhMNT
*1 32.M (2.0PS! Feco31701101
BKI.96BA2595
OS706ae6Si
roquirec om of soy gove mnaentai body applicable to the Property.
C. SUBORDMATZ IXENS. Except as permitted by federal law, Borrower shall not
allow arty [lest infrrior to the Security lurtriurmt to be perfeeted agedtast the Property without
Lender's prior written permission.
D. BELT LOSS IIOURA.ML Harrower shall maintain insurance against rent loss in
addition to the other ha ads Aw which insurance is required by Section 5.
9. "BORRAWRR'S RIGHT TO RZR(ffATE" DZKXTM Section 0 is deleted.
V BORROWER'S OCCUPANCY. Unless Lauder and Borrower otherwise agree m
writing, Section 6 eoneaming Borrower's oc atnpanoy of the Psopetty is deleted,
G. ASSIGNMENT OF LEASES. Upon Leader's request attar dehuly Borrowetr shall
assign to Under all leases of tine Property and all security deposits head- in connection with loam
of the Property. Upon the asdgm=4 Leader shall hale the right to modify. extend or terminate
the existing kases and to execute crew leases, in Gender's solo disocedon. As used in this paragraph
G, the word "lease" shall mean "sublease" if the Security lostruomot is am a leasehold.
H. ASSIGNMENT OF R M; APPOINTMENT OB WMEMCM, LENDER IN
rOS OSION. Borrower absolutely and unconditionally assign and transttirs to Leader all the
rents and revenues ('Rents' of the Property, regsrdlests of to whom the Rents of the Property are
payable. Bodrowa audwrh= Lander or Grader's agmb to collect the Rents, and agrees that each
tenant of the Property ahabl pay the Rants to Leander or Lender's agents. Howem Boaower shall
receive the Rents until (1) Lender has given Borrower notice of de&dt pursuant to Section 22 of
the Security Instrument and (li) Lender has given entice to the tenant{,) that the Rants are to be
paid to Lender or Lender's agent Mda anigamwt of Rerun constitutes an absolute assignment and
not an assigmment fur additional security only,
If Lender gives notice of de6ult to Borrower: (f) all Rents received by Borrower shall be
held by Bonoaw as trustee for the benefit of bender only, to be applied to the sums secured by the
Security Instrument; Cu? Lender shall be etdded to collect and receive all of the Ranrts of the
Property; (M) Borcvwrr agrees that each truant of the Property sW pay all Resets due and unpaid
to Larder or Grader's agents upon Leader's wdeatt danand to fire tenant; (iv) unless applicable
law provides otherwise, all Rents collected by Grader or Leader's agents shall be applied first to
the costs of taking control of and managing the Property and collecting do Raarts, including, but
not limlted to. attorney's feces. receiver's fees, preanlu rn od reoei4c is bonds, repair and
maintenance cos% insurance premiums, taxes, arse nments and other charges an the Property, and
than to the sums semered by the Socurby Inst umnt; (v) Lender, Leader's agents or my„ judicially
appointed receiver shall be liable to account for only time Reams acbmlly received; and (vii)
Lender shall be entitled to have a receiver appointed to talm possession of and assnegs the
Property and collect the Rents and profits derived from the Property without any showing as to the
insdequscy of the Prope:ttyu sectmty.
If U Rents of the Property an not sufficient to cover the costs of taking control of and
manalps the Property and of collecting tiro Rem any Wads expended by Leader for such
pwpesea shall become indebte s of Borrowa to Gmemr secured by the Security
Imtrument
pursuant to Section 9.
Borrower represents and warrants tbat Bom werhas not executed any prior assignment of
the Reacts and bas not performed, and will not perform, any ant that would prevent Lender ftm
exarcising its rights under this paragraph.
Leader, or Lender's agents or a Judicially appointed recover. shall not be required to
enter upon, taice control of or maintain the Property b4= or fiber giving notice of dc&ult to
Borrows: However, Lander,' ar Lender's. apme or a judicially appointed ftoeiva, racy do so at
any time when * debult occurs. Any application of Rants d aU not aura or waive any debult or
invalidate any other eight or remedy of Grader. Tbia •aseig meat of Rem of the Property shall
terminate when all. the sues secured by the Saaudty Instrument am paid in A&
I; CROMI-DEEtULT PROVWOK Borrowe es de6wh or branch under nay note or
agreement in which Lender has an interest shall be a breach utde r the Security lnat ument and
MO1.73MTS 1-4 PAMI Y VWCB-- Ferrate MadPrcddta Mac MWORK iNSTRUNFXr
32-U (2vf$p rw) Farm 3170V41
SK-1 96-8;PG 2 5.9.6
., a
4.
857003036
Certify this to be recorded
to Cumberland -County PA
•i
IIN
Recorder of Deeds
UMTWr=14 FAMILY R=R - Firms Mae/Frtddk Mee UNRFORM U41MUMEW
196 32.34 0 00 PWO
For=31701101
Y
I
OK 19.68PG25.:97
SCHEDULE C
Legal won
Commitmfent Namber. GR06-1262REP
ALL THAT CERTAIN piece or parcel of land,sltuate In Fast Pennsboro Township, Cumberland County,
Permylvanla, bounded and described as follows:
BEGINNING at an Iron pin on the northern line of Lot no. A Section A, on the hereinafter mentioned Plan of Lots,
117.5 feet West of the•westem -line of Chester Road, on the southern One of a 15 foot wide alley; thanoe through
Lots 8 and 9 South 09 degrees 30 minutes East, 95 feet to an Iron pin; thence along the northern line of Lot No.
10, South 80 degrees 30 minutes West, 50 feet to an iron pin; thence along the eastern One of a second 15 foot
wide alley, North 09 degrees 30 minutes Went, 95 feet to an iron pin; thenoe along the southern One of the 15 foot
wide alley first aforesaid, North 80 degrees 30 minutes East, 50 feet to a point, the place of BEGINNING.
BEING the western 50 feet of Lots-Nos. 8 and 9, Sectiori "A" on the plan of West Enola, said Plan being recorded
In the Office for the Recording of Deeds in and for Cumberland County in Plan Book 1, Page 29.
BEING Known and numbered as i Chester Road Rear,
1:9.;68 PG25S..8 STEW.A.RT TITLE
f? ff i P ? ?. V.M I. i\ M A ? M V
Exhibit D
0 Mooc8cil
N o
JI SM Hnnndal
D ATION &GBPWIN-T- Low # 8VM056
This agreement is made this 15th day of August, 2009, between. SLM Financial, a
Delaware Corporation, and Anthony Owens EL
property Address: 1 Rr Chester Road, Enola, Pa. 17025
In this modification Agreement (the "AV=nc fj the words "P', "me, and "my" mesa each
person individually and jointly wbo signs this Agreement. The words "you", and "your", and the
Bank mean SLM Financial Corp. As used in this Agreement, the words "you and your" also
include any person or entity that takes the loan evidenced,by the Loan Documents d dew
below, by purchase or transfer.
WFMREAS, I have received a loan evidenced by a promissory note to you dated-9-29-
2006 (the "Note-) secured by a Mortgage of the me date recorded as Document No. in
?$' Pagejof the Official Records of County, (the "Security
BookjO
Instrument"), which Note and Security Instrument may have berended (collectively, the
"Loan Documents'); P144 oq " 14 bEgq - Z2
WHEREAS, I have requested that you amend some of the tams of the Loan Documents;
NOW, THEREFORE, in consideration of the mutual promises contained in this
Agreement, you and I agree as follows:
A. AMENDMENT Of LOAN AOCUINi
Effective the date of this Agreement or such later date as may be specifically described in
this Agreement, the Loan Documents are amended as follows:
The date on which interest begins to accrue according to the rate option checked above, if
different from the date of this Agreement, is 06-01-2009,1 Interest will continue to accrue
until all amounts due under this Agreement and the Loam Documents have been paid. If a court
finds that I have paid an interest rate in excess of the maximum rate, you will fast apply all
amounts you have collected in excess of this rate to payment of principat of my loan, and then
refund any remaining amounts to me.
MOM Adams: P. 0. ft 3409, Wftk g M, DE 19804
Street Address; 300 QWft=W MK i South, Newark, DE 19713
Phone: 302.283-8000
Tog Free: 800-559.3220
Prepared by: Sharvion Mhatek
r
2-?. Old P 93 938
N P
' a t gQI.M
Old Int Rate 7.525% New Int .Rate Z M
Old t Date 10-1 2036 hjM I hate ?S-I ZM
tlid i.oaa Tenn 358 urea NM Lgan TM 48Q 0 MO
urea
...
(a) Amount to mall in.to.comple+te this loam moMiication_is $- 801 14_, The
following payments will be included m this loan modifcition: July and
August 2049. Above fnmds will be posted as flue escrow portion of the July
and August 2009 paymoent. Your total payment inchWing escrow is $1,202.49
beginsing September 1, 2009.
(b) () other:
Payments shall be made at the place you designate. AUMments shall be applied in this
order: (a) to any costs of collection (tacluding attorney fees) to the extent permitted by law; (b)
to accrued and unpaid interest; (c) to reduction of pfincipai,
3. Late ChM If you have not received the full amount of say monthly payment
by the end of NA calendar days after the date it is due, I will pay a late charge to
you The amount-of the late charge will be NA
NA % of my overdue payment of principal and interest. I will pay this
late charge promptly but once on each We payment.
B. IVIODIPICAMOU FEE
I agree to pay you on or before the date of this Agreement a foe in the Amount of
S NA repr a 4iug NAA points an the amount financed is the Note.
C. DOCUMENT PROCESSING} FEE
1 agree to pay a documentation processing fee of S-NA in connection
with this ajpxxneot.
D. SECURIW 1TUBMT
The Security Instrwnent is intended to secure all obligations under Note as
modified by this Agrleement. This Agreement shall neither (a) affect your amity
intereest in, or lieu pdarity on, the property described in the Security Interest; nor (b) be
constructed to be a satisfaction or partial or total release of the Note or Security
Instrument.
I
df in our judgment it is necessary to take action to preserve the security intctest andlor r
the lien?priority mftd by the Security Insirtmmot, I will assist you m such action- Such
assistance may include, but is not limited to, executing additional documents and
providing additional inforrnadon. i
E. QTM LOAN TERMS
} . Fxcopt as amended by this Agreement, all teams and conditions of the
Loan Dom shall remain in full farce and effect.
2. You 0 not waive y9w right e: (a) prohii*. or restrict any fixture ==dmcnb I
my request or (b) enforce any ofyow rights or remedies under any of the loan
Documents.
F. ?st,LLArIEOUS
The effectiveniss of this Modificatim is also contingeat,upon:
a. The nWdng, delivery, and execution by me of any and all documents as you
or your attomeys may reasonably request to accomplish the purposes of this
modification.
b. The original note holder/lender bas obtained appropriate tide insurance
policies or•,endorseceneats insuring the position of prka4 of the Security
lnst rinuents not less tban the position of priority of said Security Instrument
when it was originally recorded.
2. 1 hereby request that you condition My- implement ft moMcations provided for
hernia as of the date of this Modification Agreemcut Irrespective of the fact
iucluding the items gmdfiied above, are not subsequently satisfied, you may
declare by written notice to me 69 the modifications provided for herein are not
effective and you shall reverse any entries made prior thereto.
I In the event of any conflict between any provision of the Agreement and
provision of a Loma Document, the pmovWwm of this Agnmment shall ovntrol.
t. You can appoint any person or entity to: (a) service the loan evidenced by the
Lawn Documents; and/or (b) talon any action nuecessmy to accomplish ft
modification descdbad in this Agreement.
Paw
i??t;r?;r:u.w , ";LYrsr f+ t^!!r.'r•ct+:
I . ! 1
INN wr NESS WHEREOF, theparties hemto have cxwAtBd this Avvement as ofthe date firs
rlaLlagJ.
BORROWER:
„ (Wi6es8 Anth
(Witness)
SLM
By.
(sue)
CORP.
STATE OF:. f v
COUNTY OF: '-)Uw hoe q
BE IT That on this of sv? before me, the subm
Mw=Hy Joanne M Jackson, Vice President of SLM Financial Corporation,
satisfied is the pusam? who signed the within Apmmu t, and belshe acknowledged
signed, sealed with the cogxxate seal and delivered the sama as awl offices doresaW
the within Agreement is ft volwwy act and deed of such cogwration made by V"
Resolution of its Board of Duectors. . ?. M
,
STATE OF: h n,s' y /v,2 f?
COiT M OF: b6n1,1 ?}
" +a. annoy
8141* of "n
COMM561M EKO""AW 15, 2011
BE rr REMEm BERED THAT,oN 'HIS &' day of ?+ , Be are rue,.tbe
subscriber, personally appeared Anthony Owens II , who I am satisfied, is/are the
persona(s) who signed the within Agreement as Borrower, and they acknowl that they
signed, sealed and delivered the same as their vo act and decd. /A 1
1A finM OF NM LVANIA Notary
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Prpcwpd by St,annon "IVApk
Exhibit E
Conrad
O'Brien.c
Vincent T. Cieslik
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vcr?h'lo®coar:rlobmen.coar
ACT 91/ACT 6 NOTICE TO TAKE ACTION TO SANE
YOUR T1OM[E MOM FORECLOSURE
NOTICE OF INTENT TO FORECLOSE
May 17, 2011
VL4 REPULAX AND GF1?TJ F= MAIL
AMIN
RCOL
Anthony Owens, U
2398 Camby Sbft:% Apt. 2
Harrisburg, PA 17103
Anthony Owens, R
1 Chester Road
Enola, PA 17025
RE: Notice of Intent to Foreclose
First Mortgage gn 1. Chester Road, Enola, PA 17025
Loan No. 070600%
Our File No. 1583-81
Dear Mr. Owens:
This letter is an attempt to collect a debt and any information you provide will be used for
that purpose. NOTICE.OFMTENTION TO FORECLOSE MORTO.4GE. This is an official
notice that the mortgage on yodr home h in defauh, and the lender intends to foreclose.
Specific information about the nature of the default Is provided in the attached pages
Earlier this month we sent you a Notice of Intention to Foreclose on your second
mortgage related to this property., that was Account Number 8570608057. This Notice
relates to your first Mortgage.
1040 Kings Highway Nordi, Suite 600 Cherry HiA NJ 08034-1921 1 T: 856.309.3373 1 P. 856909.3375 1 www.conradobrien.com
This Notir4 contains boWnW legal information. If M hayg_M q ions
help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA DOORTANCIA, PUES AFFECTA SU
DERECHO 'A CONTINUAR VIVR NDO EN SU CASA. SI NO COMPROHENDE EL
CO T1D0 DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION
R MEDITAMENTE LLAMANDO ESTATA AGENCIS (PENNSYLVANIA HOUSING
FINANCING AGENCY) SIN CARGO{ AL NUMERO NEMCIONADO ARRIBA. PUEDES
SER ELMIGLE PARA UN PRESTAMO PRO EL PROGRAMA LLAMADO
"HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM' EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU
HIPOTECA.
Homeowners' Names:
Property Address:
Original Lender:
Anthony Owens, II
1 Chester Road, Enola, PA 17025
SLM Financial Corporation
HOMEOWNER'S EM ER.GENCY 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
CIRCUMSTANCE BEYOND YOUR CONTROL.
IF YOU HAVE A REASONABLE PROSPECT OF BEING
ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
_2,.
neanng can call (7,17) 780-1869.
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS
ESTABLISHED BY THE PENNSYLVANIA. HOUSING
FINANCE AGENCY.
TEMPQ fiA STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary,
stay of foreclosure on your mortgage for dArty (30) days from the-date. of this Notice. During
that time you must arroge and attend a "face-to-face" meeting with one of the consumar credit
couns0j?. a
gocW- listed at the .smd of this Notice. T) 1 G 11NA15M D?C+G.'?R
O S IT COUNSELING AG CiES - if you meet with one of the consumer CUP cralit ageiicics' listed at the oid of this ntotire, the lep may NOT take action against you for
Of your intentions.
one face-to-face meeting.
AP LICAT ON P'OR 1 O T„VA A?SI?TAI+ -Your mortgage is in default ,for the
!'I-q 1 I I 1 1 1 III P ! 11 I 1? I I TII ?
reasons sot forth' late mi the Notices (s it 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
Ass3sttcePmgram Application with one of the designated consumer credit counselh* agencies
listed at the. end of this Notice. Only consumer credit counseling. agencies have applications fbr
the prngrait< 9"Id 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 MUST FILE YOUR APPLICATION PROMPTLY IF YOU FAIL TO DO SO OR
1F Y U'DO NOT FOLLOW TIM OTHER TIME PERIODS SET FORTH IN THIS
LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME
i MMKDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL
BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited
They will be disbursed by the Agency under the eligibility criteria established by the Act, The
Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against your
property 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.
-3-
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 (BIkE it up to daft J
NATURE:OF THE,DEMAM; - The FIRST MORTGAGE being. held by the above lender on
your property located at 1 Chester Road, Enola, PA 17025, IS SERIOUSLY IN DEFAULT
because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the
following months: February, March, April, and May 2011.
You are presently 4 monthly payments behind.
4 monthly payments of $1,085.00 are overdue: You are also required to pay late
fees in the amount of $120.27 and other charges of $42.19.
TOTAL AMOUNT PAST DUE $ 4,502.46
B. YOU HAVE FAE,ED TO TARE THE FOLLOWING ACTION: Payingyour regular
mortgage payment as noted above.
HOW To CURE-THE DEPA.> II.T - You may cure the default within THIRTY (30)
DAYS of the date pf this notice 13Y PAYING THE TOTAL AMOUNT PAST DUE
TO-THE LENDER, WHICH IS OUTLINED ABOVE PLUS ANY MORTGAGE
PAYWNTS AND LATE CHARGES WHICH BECOME DUE DURING THE
THIRTY (30) DAY PERIOD PLUS ANY ATTORNEY'S FEES, TITLE FEES, OR
SIIERIFF'S FEES WHICH HAVE ACCRUED FROM TIM DATE OF THIS LETTER
UNTIL PAYMENT IS RECEIVED IN FULL AT SLM. R@3Mg is must be made by
either cash, cashiers' chocL certified check or money order made taxable and sent to:
SLM via Michael Payne at SLM Financial Coip.,'300 Continental D&6, 2 South,
Newark, DE. 19713. You may coiitact him at (800) 559 3220 - Extension 18330, and at
Michael.fty0Ca4salliemae.com.
You can cure any other default by taking the following action within THIRTY (30) DAYS of the
date of this letter: Paying tfie full amount &fed above.
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY
(3 0) DAYS of the date of this Notice; the leader intends to exercise its rishts to accelerate the
wgIU se 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
-4-
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 unou your mortgaEed
PrOID-Cift-
IF ' THE IS FORECLOSEI) 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 ap. mst you, you will have to pay all reasonable
attorney's fees actually incutred by the lender even if they exceed. $50.00. Any attorney's fees
will be added to- the amount you owe the )= der, which may also include other reasonable costs.
If you cuts tires wfthfn .the THIRTY 13-0) DAY ygrtod. you WM not be mulred to
TJaY a rney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid
principal balance and ali other sums due under the mortgage.
RIGHT: TO CIM THE MX& T PRIOR TO OMM'S- SALE - If you have not cured
the default within the TMTY(30YPAY'peiiod and foredosure proceedings have begun, ro?u
performing,any other reouuuments unde.r.the,mort e: Curing your default in the manner set
forth, in this notice will restore your mortge$e to ,the same position as if you had never
defaulted.
EARX.XI3T POS3IDLE LHERIFF'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 6
months from the date of this Notice. A notice of the aetgal date of the Sheriff s Sale will be
sent to you before the sale. Of couise, 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: SW Finandal Corporation
Address; 300 Continental Drive, 2 South, Newark, DE 19713
Phone Number: (800) 559 3220 - Extension 18330
Fax Number: . (317) 806-7705
-5-
Contact'Pe"on: Michael Mayne
En Q address: Michael Pavne@salliemae com
EFFECT OF ?'S SALE - You should re$lize 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 Sheriff s Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
Aifi n PION OF NIQRL-.-GE - You may sell or transfer your home to a buyer or
transferee who will assume the-mortgage debt, provided that all the outstanding payments,
charges and attomey's frcs and cost are paid prior to or at the sale and that the other
requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE = RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE
MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER
LENDING INSTTTIJ LION TO PAY OFF IMS 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 TIM DEFAULT.
(HOWEVER; YOU DO NOT HAVE THIS RIGHT TO CURE, YOUR
DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY .
FORECLOSURE PROCEUING 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; AND
TO SEEK PROTECTION UNDER. THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
NORTHUM?? COUNTY:
CCCS of Northeastern Pennsylvania
-6-,
31 -W. Market Street
P.O. Box 1127
Wilkes-Barre, PA 18702
Phone: (570) 821-0837 OR 1-800-922-9537
Fax: ' (570) 821-1785
1400 Abington Executive Park, Suite 1
Clarks Summit, PA 18411
Phone: (570) 587-8163 OR 800-922-9537
Fax: (570) 587-9134/9135
201 Basin Street
Williamsport, PA 17703
Phone: (570) 323-6627
Fax: (570)323-6626
PEIRRY COUN'T'Y:
CCCS of Western Pennsylvania, Inc.
2000 Linglestown Road
Harrisburg, PA 17102
Phone: (717) 541-1757
Fax: (717) 541-4670
Urban I.eat#ue of metropolitan Harrisburg
2107 N. 6 Street
Harrisburg, PA 17101
Phone: (717) 234-1757
Fax: (717) 234-9459
Community Action Commission of The
Capital Region
1514 Derry Street
Harrisburg, PA 17104
Phone: (717) 232-9757
Fax: (717) 234-2227
PHILADELPHIA COUNTY:
Acorn Housing Corporation
846 North Broad Street
Philadelphia, PA 19130
Phone: (215) 765-1221
Economic Opportunity Cabinet of
Schuylkill County
225 North Centre Street
Pottsville, PA 17901
Phone: (570) 622-1995
Fax: (570) 622-0429
YWCA of Carlisle
3010 Strcct
Carlisle, PA 17013
Phone: (717) 243-3818
Fax: (717) 243-3948
Financial Counseling Services of Franklin
31 West Yd Street
Waynesboro, PA 17268
Phone: (717) 762-3285
Weathe ization Office
917 Mifflin-Street
Huntingdon, PA 16652
Phone: (814) 643-2343
Fax: (215) 765-1427
CCCA of Delaware Valley
1515 Market Street, Suite 1325
-7-
Philadelphia; PA 19107
Phone: (215) 563-5665
Fax: (215) 864-2666
Media Fellowship House
302 S. Jackson Street
Media, PA 19063
Phone; (610) 565-0846
Fax: (651) 565-8567
PCCA
100 North 17' Street, Suite 600
Philadelphia, PA 19103
Phone: (215) 567-7803
Fax: (215) 963-9941
Comm. DeveL Corp of F'ranUord Group
4620 Onscon Street
Philadelphia; PA 19124
Phone: (215) 744-2990
Fax: (215).744-2012
Northwest Counseling -Service
5001 N. Broad Street
Philadelphia, PA 19141
Phone: (215) 324-7500
Fax: (215) 324-8753
HACE
167 W. Allegheny, 2' Floor
Philadelphia, PA 19140
Phone: (215) 426-8025
Fax: (215) 426-9122
CCCS of Delaware Valley
One Cherry Hill, Suite 215
Cherry.'Hill, NJ 08002
Phone: (215) 563=5665
Housing Association of Delaware Balled
1500 Walnut Strut, Suite 601
Philadelphia, PA 1102
Phone: (215) 545-6010
Fax: (215) 790-9132
Housing Association of Delaware Valley
658 North Watts Street
Philadelphia, PA 19123
Phone: (215) 978-0224
Fear: (215) 765-7614
American Credit CounseliM Tnstitute
845 Coates Street
Coatesville, PA 19320
Phone: (888) 212-6741
Phone: (610) 971-2210
755 York Road, Suite 103.
Warminster, PA 18974
Fax: (215) 959-6344
144 E. Dekalb Pike
King of Prussia, PA 19406
-8-
PIKE C{)UN3i'Y
CCCS- of Norkheastem Penn ls?van. a
31 W. Market Street
P.O. Box 1127
Wilkes-Barre, PA 18702
Phone: (570) 821-0837 OR 1-800-922-9537
Fax: (570) 821-1785
9 South I" Street
Stroudsburg, PA 18360
Phone: (570) 420-8980 OR 800-922-9537
Fax: (570) 420-8981
1400 Abington Executive Park, Suite 1
Clarks Summit, PA 18411
Phone: (570) 587-9163 OR.800-922-9537
Fax: (570) 587-913419134
Should you have any questions or concerns regarding the above, please feel free
to contact me:
Sincerely,
j
vincent T. Ciestik
VTC/dak
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RECEIPT FOR PAYMENT
Cumberland County Prothonotary's Office Receipt Date 10/19/2011
Carlisle, Pa 17013 Receipt Time 10: 5:56
Receipt No. 266154
STEM FINANCIAL CORP ET AL (VS) OWENS ANTHONY II
Case Number 2011-07949
Received of
PD BY ATTY C IESDIK
B
Total Non-Cash..... + 92.00 Check## 16570
Total Cash......... t 00
Change ............. - .00
Receipt total...... _ $92.00
------------------------ Distribut ion Of Payment -----------------------------
Transaction Description Payment Amount
COMPLAINT 55.00 CUMBERLAND CO GENERAL FUND
TAX ON CMPLT .50 BUREAU OF RECEIPTS AND CONTROL
SETTLEMENT 8.00 CUMBERLAND CO GENERAL FUND
AUTOMATION 5.00 CUMBERLAND CO AUTOMATION FUND
JCP FEE 23.50 BUREAU OF RECEIPTS AND CONTROL
$92.00
I
............. .
Vincent T. Cieslik, Esq. (85500)
Conrad O'Brien
Centre Square West Tower
1500 Market Street, Suite 3900
Philadelphia PA 19102-1916
(215) 864-9600
SLM FINANCIAL CORPORATION, by
and through its Nominee Mortgage
Electronic Registrations Systems, Inc.
Plaintiff
V.
ANTHONY OWENS II,
Defendant
Attorney for Plaintiff
SLM Financial Corp.
PENNSYLVANIA COURT OF COMMON
PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.:
AFFIDAVIT OF NON-MILITARY SERVICE
I, Vincent T. Cieslik, Esquire, being of full age, being duly sworn according to law upon
his oath deposes and says:
SLM has not been informed that Anthony Owens, II is in the Armed Forces of the
United States at the present time. SLM has not been notified that Mr. Owens has been ordered to
report for induction under the Selective Training and Service Act, its supplements and
amendments, to the best of my knowledge, information and belief.
2. SLM's counsel filed an inquiry with the Department of Defense, Human
Resources Activity Department ("DOD") in order to ascertain if Mr. Owens was engaged in the
Armed Forces. The DOD reported that that Anthony Owens, II is not engaged in the Armed
forces. (See a true and correct copy of the DOD report attached herein as Exhibit 1).
I understand that I make these statements subject to 18 Pa. C.S.A. § 4904 relating to
falsified statements to authorities
ZI,
Dated: March 19, 2012 Vincent T. Cieslik
Attorneys for Plaintiff
SLM Financial Corporation
Department of Defense Manpower Data Center Mar-19-2012 09:31:44
Military Status Report
Pursuant to the Service Members Civil Relief Act
+< Last
Name
OWENS
irst/Middle Begin Active Duty
Date Status
Active Duty
End Date
Service
NY Based on the information you have furnished, the
ANTHO DMDC does not possess any information indicating
the individual status.
Upon searching the information data banks of the Department of Defense
Manpower Data Center, based on the information that you provided, the
of
above is the current status of the individual as to all branches
Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public
Health, and Coast Guard).
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the
Department of Defense that maintains the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on
eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Service Members Civil
Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly
known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has
issued hundreds of thousands of does not possess any information indicating
that the individual is currently on active duty responses, and has experienced
a small error rate. In the event the individual referenced above, or any family
member, friend, or representative asserts in any manner that the individual is
•
on active duty, or is otherwise entitled to the protections of the SCRA, you are
strongly encouraged to obtain further verification of the person's status by
contacting that person's Service via the "defenselink.mil" URL
http•//www defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the
person is on active duty and you fail to obtain this additional Service
verification, punitive provisions of the SCRA may be invoked against you.
See 50 USC App. §521(c).
If you obtain additional information about the person (e.g., an SSN, improved
accuracy of DOB, a middle name), you can submit your request again at this
Web site and we will provide a new certificate for that query.
This response reflects active duty status including date the individual was
last on active duty, if it was within the preceding 367 days. For historical
information, please contact the Service SCRA points-of-contact.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with
10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case
of a member of the National Guard, includes service under a call to active
service authorized by the President or the Secretary of Defense for a period of
more than 30 consecutive days under 32 USC § 502(f) for purposes of
responding to a national emergency declared by the President and supported
by Federal funds. All Active Guard Reserve (AGR) members must be
assigned against an authorized mobilization position in the unit they support.
This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active
Duty status also applies to a Uniformed Service member who is an active duty
commissioned officer of the U.S. Public Health Service or the National
Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a
period of more than 30 consecutive days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some
categories of persons on active duty for purposes of the SCRA who would not
be reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which
would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections
are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have
received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on
Active Duty entry is important because a number of protections of SCRA
extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal
counsel to ensure that all rights guaranteed to Service members under the
SCRA are protected.
WARNING: This certificate was.provided based on a name and SSN provided
by the requester. Providing an erroneous name or SSN will cause an erroneous
certificate to be provided.
Report ID:RHOPKJODOC
Vincent T. Cieslik, Esq. (85500)
CONRAD O'BRIEN PC tl ?vI
1500 Market Street, 39th Floor
Philadelphia PA 19102-1916 '7UINKRLANTJ' CIOUli
(215) 864-9600 loi-NNSYLVANIA
Attorney for Plaintiff
SLM Financial Corp.
SLM FINANCIAL CORPORATION, by
and through its Nominee Mortgage
Electronic Registrations Systems, Inc.
Plaintiff
V.
ANTHONY OWENS II,
Defendant
PENNSYLVANIA COURT OF COMMON
PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.: 11-7949
PRAECIPE TO ISSUE WRIT OF EXECUTION
TO THE PROTHONOTARY:
Please issue Writ of Execution in the above matter, for the following amount:
As set forth in Complaint .............................. $139,651.40
Interest $24.07 per diem from October 12, 2011
to March 19, 2012 ........................................ $3,827.13
Interest $24.07 per diem from March 19, 2012
to April 19, 2012 .................................... $722.10
TOTAL $144,200.63 *
Please index this Writ against Defendant Anthony Owens, II.
* Interest continues to accrue at the rate of $24.07 per diem through the date of execution.
au+ `ate. so FA- a
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11 "I Z De, ?'?V, %PA
Date: April 19, 2012
By:
r
Vincent T. Cieslik, Esquire
Conrad O'Brien PC
1500 Market Street, 39th Floor
Philadelphia, PA 19102-1916
(215) 864-9600
Attorneys for PlaintiffSLM Financial Corp.
Vincent T. Cieslik, Esq. (85500)
Conrad O'Brien PC
1515 Market Street, 16th Floor
Philadelphia PA 19102-1916
(215) 864-9600
SLM FINANCIAL CORPORATION, by
and through its Nominee Mortgage
Electronic Registrations Systems, Inc.
Plaintiff
V.
ANTHONY OWENS II,
Defendant
Attorney for Plaintiff ?a?
SLM Financial Corp. -p
J?
v
PENNSYLVANIA COURT OF COMMON
PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.: 11-7949
CERTIFICATION TO SHERIFF PURSUANT TO RULE 3129.2
I, Vincent T. Cieslik, counsel for Plaintiff SLM Financial Corp. in the above action,
being authorized to do so, sets forth as the date the Writ of Execution was filed, the following
information concerning the real property located at 1 Chester Rd, Enola, PA 17025-2076.
ADDRESS OF PROPERTY OR PREMISES: 2329 1 Chester Rd, Enola, PA 17025-
2076.
WRIT NO.
This certifies that the 3129 affidavit, and the Notice of Sheriff's Sale attached hereto as
Exhibit A for the above mentioned property are correct, complete, current to the date of filing of
the praecipe for writ of execution, and accurate. This certifies that the Attorney on the Writ,
upon demand, will substantiate information in the affidavit and its information, and further;
This certifies that the Attorney on the Writ will indemnify the Sheriff of the County of
Cumberland for any cost and/or claims arising out of any and all inaccuracies in and/or failure to
cure defects in said 3129 affidavit.
)??sseK. -l , L L:& Date: May 14, 2012
Signature (Attorney on the Writ)
Vincent T. Cieslik, Esquire _
Printed Name of Attorney on the Writ
Vincent T. Cieslik, Esq. (85500)
Conrad O'Brien PC
1500 Market Street, 39th Floor
Philadelphia PA 19102-1916
(215) 864-9600
SLM FINANCIAL CORPORATION, by
and through its Nominee Mortgage
Electronic Registrations Systems, Inc.
Plaintiff
V.
ANTHONY OWENS II,
Defendant
Attorney for Plaintiff
SLM Financial Corp.
PENNSYLVANIA COURT OF COMMON
PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.: 11-7949
AFFIDAVIT OF LIENS. JUDGMENTS AND
INTERESTS PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
I, Vincent T. Cieslik, counsel for Plaintiff SLM Financial Corp. in the above action,
being authorized to do so, set forth as the date the Writ of Execution was filed, the following
information concerning the real property located at: 1 Chester Rd. Rear, Enola, PA 17025
1. Name and address of owners or reputed owners:
Name Address
Anthony Owens, II 1 Chester Rd. Rear, Enola, PA 17025
2. Name and address of defendants in the judgment:
Same as paragraph 1 above.
Name and address of every judgment creditor whose judgment is a lien on the property to
be sold.
a) East Pennsboro Township, by virtue of a judgment obtained on June 10, 2009 in the
amount of $1,548.00.
b) East Pennsboro Township, by virtue of a judgment obtained on June 7, 2010 in the
i^& in
'P, ?;C*
(<;
c?
p. l
amount of $1,548.00.
c) East Pennsboro Township, by virtue of a judgment obtained on August 30, 2011 in the
amount of $2,265.00.
4. Name and address of last recorded holder of every mortgage of record:
Plaintiff, SLM Financial Corporation, by virtue of a first mortgage in the amount of
$132,700.00 dated August 29, 2006 recorded on the 5th day of October 2006 as Book
No. 1968, Page No. 2582.
Plaintiff, SLM Financial Corporation, by virtue of a first mortgage in the amount of
$33,180.00 dated August 29, 2006 recorded on the 5th day of October 2006 as Book No.
1968, Page No. 2599
5. Name and address of every other person who has any record lien on the property.
6. Name and address of every other person who has any record interest in the property
whose interest may be affected by the sale.
United States of America-Internal Revenue Service
United States of America
Internal Revenue Service
600 Arch Street
Philadelphia, PA 19106
and
1001 Liberty Avenue,
Suite 1300, Pittsburgh, PA 15222
Commonwealth of Pennsylvania
Pennsylvania Attorney General's Office
21 South 12d' Street, 3`d Floor,
Philadelphia PA 19107
Commonwealth of Pennsylvania Department of Revenue
300 Liberty Avenue
Pittsburgh, PA 15233
Commonwealth of PA
Bureau of Compliance, Dept. 280946
Department of Revenue
Harrisburg, PA 17128-0946
i
7. Name and address of every person of whom the Plaintiff has knowledge that has any
interest which may be affected by the sale.
See Paragraphs 1-6 above.
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to
authorities.
Dated: May 14, 2012 By: Vincent T. Cieslik, Esq. (No. 85500)
Conrad O'Brien PC
1500 Market Street, 39th Floor
Centre Square West Tower
Philadelphia, PA 19102
Attorney for Plaintiff SLM Financial Corp.
Vincent T. Cieslik, Esq. (85500)
CONRAD O'BRIEN PC
1500 Market Street, 39th Floor
Philadelphia PA 19102-1916
(215) 864-9600
CP
Attorney for Plaintiff
SLM Financial Corp.
A.
'mod
SLM FINANCIAL CORPORATION, by
and through its Nominee Mortgage
Electronic Registrations Systems, Inc.
Plaintiff
V.
ANTHONY OWENS II,
Defendant
PENNSYLVANIA COURT OF COMMON
PLEAS
CUMBERLAND COUNTY
CIVIL DIVISION
NO.: 11-7949
NOTICE OF SALE
* THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,
BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * *
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Anthony Owens, II
2329 1 Chester Rd,
Enola, PA 17025-2076.
Your house (real estate) located at 1 Chester Rd, Enola, PA 17025-2076, is scheduled to
be sold at the Sheriff s Sale on September 5, 2012 at 10:00 a.m. in the Cumberland County
Sheriffs Office located at 1 Courthouse Square, Room 303, Carlisle, PA 17013 to enforce the
court judgment of $144,200.63 obtained by SLM FINANCIAL CORPORATION (the
mortgagee) against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to SLM Financial Corporation (the
mortgagee) the back payments, late charges, costs and reasonable attorney's fees due. To find
our how much you must pay, you may call: (215) 864-9600.
2. You may be able to stop the sale by fining a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may ask the Court to postpone
the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice on page three on how to obtain an
attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped, your property will be sold to the
Highest bidder. You may find out the price by calling (215) 864-9600.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is
paid to the Sheriff and the Sheriff gives the deed to the buyer. At that time, the buyer may bring
legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your
house. A proposed schedule of distribution of the money bid for your house will be prepared by
the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with
the Sheriff and will be made available for inspection in his office. This schedule will state who
will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong) are filed with the sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back,
if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at an iron pin on the northern line of Lot no. 8, Section A, on the hereinafter
mentioned Plan of Lots, 117.5 feet West of the western line of Chester Road, on the southern
line of a 15 foot wide alley; thence through Lots 8 and 9 South 09 degrees 30 minutes East, 95
feet to an iron pin; thence along the northern line of Lot No. 10, South 80 degrees 30 minutes
West, 50 feet to an iron pin; thence along the eastern line of a second 15 foot wide alley, North
09 degrees 30 minutes West, 95 feet to an iron pin; thence along the southern line of the 15 foot
wide alley first aforesaid, North 80 degrees 30 minutes East, 50 feet to a point, the place of
BEGINNING.
BEING the western 50 feet of Lots Nos. 8 and 9, Section "A" on the plan of West Enola, said
Plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in
Plan Book 1, Page 29.
BEING Known and numbered as 1 Chester Road Rear.
TITLE TO SAID PREMISES IS VESTED IN: Anthony Owens, II duly recorded in Book
1968, page number 2582, in the Office of the Recorder of Deeds of Cumberland County.
ALTA LOAN POLICY
Order No. GR06-1262REP
EXHIBIT A
LEGAL DESCRIPTION
Policy No. M-9994-9026161
ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland
County, Pennsylvania, bounded and described as follows:
BEGINNING at an iron pin on the northern line of Lot no. 8, Section A, on the hereinafter
mentioned Plan of Lots, 117.5 feet West of the western line of Chester Road, on the southern
line of a 15 foot wide alley; thence through Lots 8 and 9 South 09 degrees 30 minutes East, 95
feet to an iron pin; thence along the northern line of Lot No. 10, South 80 degrees 30 minutes
West, 50 feet to an Iron pin; thence along the eastern line of a second 15 foot wide alley, North
09 degrees 30 minutes West, 95 feet to an iron pin; thence along the southern line of the 15 foot
wide alley first aforesaid, North 80 degrees 30 minutes East, 50 feet to a point, the place of
BEGINNING.
BEING the western 50 feet of Lots Nos. 8 and 9, Section W on the plan of West Enola, said
Plan being recorded in the Office for the Recording of Deeds in and for Cumberland County In
Plan Book 1, Page 29.
BEING Known and numbered as 1 Chester Road Rear.
STEWART TITLE
Page 3 of 3 GUARANTY COMPANY
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 11-7949 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SLM FINANCIAL CORPORATION, by and through its
NOMINEE MORTGAGE ELECTRONIC REGISTRATIONS SYSTEMS, INC., Plaintiff (s)
From ANTHONY OWENS 11
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $139,651.40
L.L.: $.50
Interest from 10/12/11 to 3/19/12 @ $24.07 per diem -- $3,827.13
from 3/19/12 to 4/19/12 @ $24.07 per diem -- $722.10
Atty's Comm: % Due Prothy: $2.25
Atty Paid: $226.00
Plaintiff Paid:
Date: 4,123/12
Other Costs:
Davi . Buell, Protho otary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name: VINCENT T. CIESLIK, ESQUIRE
Address: CONRAD O'BRIEN PC
1500 MARKET STREET, 39TH FLR
PHILADELPHIA, PA 19102-1916
Attorney for: PLAINTIFF
Telephone: 215-864-9600
Supreme Court ID No. 85500
• SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson f -fir p k
c �� -
Sheriff ' rriraGr,�7yj� t�
�� ;
Jody S Smith r". + 3 -AY —7 AM
Chief Deputy
Richard W Stewart CUMBERLAND COUN'ry
Solicitor -"_ ; � PENNSYLVANIA
SLM Financial Corporation
Case Number
vs. 2011-7949
Anthony Owens, II
SHERIFF'S RETURN OF SERVICE
06/18/2012 10:38 AM - Deputy Amanda Cobaugh, 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 1 Chester Road, REAR, East Pennsboro, Enola, PA 17025,
Cumberland County.
06/18/2012 10:38 AM - 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 BETTY GREEN,
who accepted as"Adult Person in Charge"for Anthony Owens, II at 1 Chester Road, REAR, East
Pennsboro, Enola, PA 17025, Cumberland County.
09/04/2012 As directed by Raheem S. Watson, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/7/2012
12/13/2012 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, , 1 Courthouse Square, Carlisle PA on November 7, 2012 at 10:00 a.m.
He sold the same for the sum of$1.00 to Attorney Vincent T. Cieslik, on behalf of SLM Financial
Corporation, by and through its Nominee Mortgage Electronic Registrations Systems, Inc. being the buyer
in this execution, paid to the Sheriff the sum of$
SHERIFF COST: $829.56 SO ANSWERS,
April 30, 2013 RONW R ANDERSON, SHERIFF
q�-.ov per-
Y r r
Vincent T. Cieslik, Esq. (85500) Attorney for Plaintiff
Conrad O'Brien PC SLM Financial Corp.
1500 Market Street, 391h Floor
Philadelphia PA 19102-1916
(215) 864-9600
SLM FINANCIAL CORPORATION, by I PENNSYLVANIA COURT OF COMMON
and through its Nominee Mortgage 1 PLEAS
Electronic Registrations Systems, Inc. i CUMBERLAND COUNTY
1
Plaintiff 1
CIVIL DIVISION
i
1 I
V. 1 NO.: 11-7949
1
ANTHONY OWENS II,
I
I
Defendant 1
1
I
1
1
I � �
1
1
AFFIDAVIT OF LIENS, JUDGMENTS AND
INTERESTS PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1
I, Vincent T. Cieslik, counsel for Plaintiff SLM Financial Corp. in the above action,
being authorized to do so, set forth as the date the Writ of Execution was filed, the following
information concerning the real property located at: 1 Chester Rd. Rear, Enola, PA 17025
1. Name and address of owners or reputed owners:
Name Address
Anthony Owens, II 1 Chester Rd. Rear, Enola, PA 17025
2. Name and address of defendants in the judgment:
Same as paragraph 1 above.
3. Name and address of every judgment creditor whose judgment is a lien on the property to
be sold.
a) East Pennsboro Township, by virtue of a judgment obtained on June 10, 2009 in the
amount of$1,548.00.
b) East Pennsboro Township, by virtue of a judgment obtained on June 7, 2010 in the
amount of$1,548.00.
c) East Pennsboro Township, by virtue of a judgment obtained on August 30, 2011 in the
amount of$2,265.00.
4. Name and address of last recorded holder of every mortgage of record:
Plaintiff, SLM Financial Corporation, by virtue of a first mortgage in the amount of
$132,700.00 dated August 29, 2006 recorded on the 5th day of October 2006 as Book
No. 1968, Page No. 2582.
Plaintiff, SLM Financial Corporation, by virtue of a first mortgage in the amount of
$33,180.00 dated August 29, 2006 recorded on the 5th day of October 2006 as Book No.
1968, Page No. 2599
5. Name and address of every other person who has any record lien on the property.
6. Name and address of every other person who has any record interest in the property
whose interest may be affected by the sale.
United States of America-Internal Revenue Service
United States of America
Internal Revenue Service
600 Arch Street
Philadelphia, PA 19106
and
1001 Liberty Avenue,
Suite 1300, Pittsburgh, PA 15222
Commonwealth of Pennsylvania
Pennsylvania Attorney General's Office
21 South 12'h Street, 3rd Floor,
Philadelphia PA 19107
Commonwealth of Pennsylvania Department of Revenue
300 Liberty Avenue
Pittsburgh, PA 15233
Commonwealth of PA
Bureau of Compliance, Dept. 280946
Department of Revenue
Harrisburg, PA 17128-0946
7. Name and address of every person of whom the Plaintiff has knowledge that has any
interest which may be affected by the sale.
See Paragraphs 1-6 above.
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to
authorities.
1
.�r�Wez�6 I
Dated: May 14, 2012 By: Vincent T. Cieslik, Esq. (No. 85500)
Conrad O'Brien PC
1500 Market Street, 39th Floor
Centre Square West Tower
Philadelphia, PA 19102
Attorney for Plaintiff SLMFinancial Corp.
Vincent T. Cieslik, Esq. (85500) Attorney for Plaintiff
CONRAD O'BRIEN PC SLM Financial Corp.
1500 Market Street,39th Floor
Philadelphia PA 19102-1916
(215) 864-9600
SLM FINANCIAL CORPORATION, by 1 PENNSYLVANIA COURT OF COMMON
and through its Nominee Mortgage PLEAS
Electronic Registrations Systems, Inc. CUMBERLAND COUNTY
Plaintiff
f CIVIL DIVISION
V.
NO.: 11-7949
ANTHONY OWENS II,
i
Defendant
I
NOTICE OF SALE
* THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU
HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT
AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,
BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.**
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Anthony Owens, II
1 Chester Rd,
Enola, PA 17025-2076.
Your house (real estate) located at 1 Chester Rd, Enola, PA 17025-2076, is scheduled to
be sold at the Sheriff s Sale on September 5,2012 at 10:00 a.m, in the Cumberland County
Sheriffs Office located at 1 Courthouse Square, Room 303, Carlisle, PA 17013 to enforce the
court judgment of$144,200.63 obtained by SLM FINANCIAL CORPORATION (the
mortgagee) against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale, you must take immediate action:
1. The sale will be canceled if you pay to SLM Financial Corporation(the
mortgagee)the back payments, late charges, costs and reasonable attorney's fees due. To find
our how much you must pay, you may call: (15) 864-9600.
2. You may be able to stop the sale by fining a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may ask the Court to postpone
the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice on page three on how to obtain an
attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriff's Sale is not stopped , your property will be sold to the
Highest bidder. You may find out the price by calling(215) 864-9600.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in
the sale. To find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the
owner of the property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is
paid to the Sheriff and the Sheriff gives the deed to the buyer. At that time, the buyer may bring
legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your
house. A proposed schedule of distribution of the money bid for your house will be prepared by
the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with
the Sheriff and will be made available for inspection in his office. This schedule will state who
will be receiving that money. The money will be paid out in accordance with this schedule
unless exceptions (reasons why the proposed distribution is wrong) are filed with the sheriff
within ten (10) days after the filing of the proposed schedule.
7. You may also have other rights and defenses, or ways of getting your home back,
if you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township,
Cumberland County,Pennsylvania, bounded and described as follows:
BEGINNING at an iron pin on the northern line of Lot no. 8, Section A, on the hereinafter
mentioned Plan of Lots, 117.5 feet West of the western line of Chester Road, on the southern
line of a 15 foot wide alley; thence through Lots 8 and 9 South 09 degrees 30 minutes East, 95
feet to an iron pin; thence along the northern line of Lot No. 10, South 80 degrees 30 minutes
West, 50 feet to an iron pin; thence along the eastern line of a second 15 foot wide alley,North
09 degrees 30 minutes West, 95 feet to an iron pin; thence along the southern line of the 15 foot
wide alley first aforesaid, North 80 degrees 30 minutes East, 50 feet to a point, the place of
BEGINNING.
BEING the western 50 feet of Lots Nos. 8 and 9, Section "A" on the plan of West Enola, said
Plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in
Plan Book 1, Page 29.
BEING Known and numbered as 1 Chester Road Rear.
TITLE TO SAID PREMISES IS VESTED IN: Anthony Owens, II duly recorded in Book
1968,page number 2582, in the Office of the Recorder of Deeds of Cumberland County.
ALTA LOAN P00CY
Order No: GR06-1262REP
EXHIBIT A
LEGAL DESCRIPTION
Policy No. M-9994-9026161
ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland
County, Pennsylvania, bounded and described as follows:
BEGINNING at an iron pin on the northern line of Lot no. 8, Section A, on the hereinafter
mentioned Plan of Lots, 117.5 feet West of the western line of Chester Road, on the southern
line of a 15 foot wide alley; thence through.Lots 8 and 9 South 09 degrees 30 minutes East, 95
feet to an iron pin; thence along the northern line of Lot No. 10, South 80 degrees 30 minutes
West, 50 feet to an iron pin; thence along the eastern line of a second 15 foot wide alley, North
09 degrees 30 minutes West,95 feet to an iron pin; thence along the southern line of the 15 foot
Wide alley first aforesaid, North 80 degrees 30 minutes East, 50 feet to a point, the place of
BEGINNING.
BEING the western 50 feet of Lots Nos. 8 and 9, Section "A° on the plan of West Enola, said
Plan being recorded in the Office for the Recording of Deeds in and for Cumberland County in
Plan Book 1, Page 29.
BEING Known and numbered as 1 Chester Road Rear.
STE`VART TITLE
Page 3of3 GUARANTY COMPANY
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO. 11-7949 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION—LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due SLM FINANCIAL CORPORATION, by and through its
NOMINEE MORTGAGE ELECTRONIC REGISTRATIONS SYSTEMS,INC., Plaintiff(s)
From ANTHONY OWENS II
(1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s)not levied upon in the possession
of
GARNISHEE(S)as follows:
and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant
(s)or otherwise disposing thereof;
(3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due: $139,651.40 L.L.: $.50
Interest from 10/12/11 to 3/19/12 ag$24.07 per diem -- $3,827.13
from 3/19/12 to 4/19/12 $24.07 per diem -- $722.10
Atty's Comm: % Due Prothy: $2.25
Arty Paid: $226.00 Other Costs:
Plaintiff Paid:
Date: 4/23/12
David D.Buell, Prothonota
(Seal) By: —------
Deputy
REQUESTING PARTY:
Name: VINCENT T. CIESLIK,ESQUIRE TRUE COPY FROM RECORD
Address: CONRAD O'BRIEN PC In Testimony whareof,0 here unto set my hand
and the Baal of said Co �t at Carlisle,Pa.
1500 MARKET STREET,39T"FLR This a_ ' d M iJ_,201717.--
PHILADELPHIA, PA 19102-1916 1!.y�� Prothonotary
Attorney for: PLAINTIFF
Telephone: 215-864-9600
Supreme Court ID No. 85500
On May 16, 2012 the Sheriff levied'u'pon the defendant's
interest in the real property situ at6&iWS�6"r Spring
Township, Cumberland County, PA, known and
numbered 1 Chester Road, Rear, Enola, PA 17025 more
fully described on Exhibit "A" filed with this writ and by
this reference incorporated herein.
Date: May 16, 2012
By: 0 i
Claudia Brewbaker, Real Estate Coordinator
I
i
l ,
2011-7949 CM 7brrtt
8LM R corporation
Vs
AndmW Owens,fl
Attr Rahsom&Watson
ALL THAT , piece or parcel of
land situate j,uEaqf4isborolbwoship,
Cumberland Comity,PnnsyMuga,
bounded and descn as follow:
BEGINNING at an pin on the
northern line of Lot no,6,Section A,on
the hereinafter mentioped Plan of Lots,
117.5 feet West of the western line of
Chester Road„on the southern line of a 15
foot wide alley;thence through Lots 8 and
9 South 09 degrees 30 minutes East,95
"feet to an iron pin;thence along the
northern One of Lot No.10,South 80
degrees 30 minutes West,So feet to an
Iron pin;thence along the eastern line
of a second 15 foot wide alley,North 09
degrees 30 minutes West,95 feet to an iron
pin;thence along the southern Hoe_ofthe
15 foot wide alley first aforesaid;North 60
degrees 30 minutes Eric 50 feet to apoint,
the place BEI -tl BWORMiG.'
8 and 9,Section'N of 5thei E,nola,said Planbeing in
Office for die Reco idingofDeedsinand
for Cumberland Cavity i4 Plan Book 1,
Page 29,
BEING Known and numbered as 1 Chester
Road Rear.
The Patriot-News Co.
2020 Technology Pkwy t4e atr1*otwXtws
Suite 300
Mechanicsburg, PA 17050 Now you know
Inquiries - 717-255-8213
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:
07/27/12
08/03/12
08/10/12
worn t d subscribed befor met ' 7d of gust, 2013 A.D.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sherrie L.Owens,Notary Public
Lower Paxton Twp.,Dauphin County
My Commission Ex°ices Nov.26 2015
MEMBER,PENNSYLVAl41AAS50CIAi10 OF NOTARIES
CUMBERLAND LAW JOURNAL
Writ No.2011-7949 Civil Term
SLM Financial Corporation
vs.
Anthony Owens,II
Atty.: Raheem S.Watson
ALL THAT CERTAIN piece or par-
cel of land situate in East Pennsboro
Township, Cumberland County,
Pennsylvania, hounded and de-
scribed as follows:
BEGINNING at an iron pin on
the northern line of Lot no, b, Sec-
tion A,on the hereinafter mentioned
Plan of Lots, 117.5 feet West of the
western line of Chester Road,on the
southern line of a 15 foot wide alley;
thence through Lots 8 and 9 South
09 degrees 30 minutes East, 95 "
feet to an iron pin;thence along the
northern line of Lot No. 10,South 80
degrees 30 minutes West, 50 feet to
an Iron pin;thence along the eastern
line of a second 15 foot wide alley,
North 09 degrees 30 minutes West,
95 feet to an iron pin; thence along
the southern line of the 15 foot wide
alley first aforesaid,North 60 degrees
30 minutes East, 50 feet to a point,
the place of BEGINNING.
BEING the western 50 feet of
Lots Nos.8 and 9,Section"N on the
plan of West Enola, said Plan being
recorded in the Office for the Record-
ing of Deeds in and for Cumberland
County in Plan Book 1,Page 29,
BEING Known and numbered as
1 Chester Road Rear.
80
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 27, August 3, and August 10, 2012
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.
Y R
a Marie Coyne, E itor
SWORN TO AND SUBSCRIBED before me this
10 day of August,2012
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH,CUMBERLAND COUNTY
My Commission Expires Apr 28,2014
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which SLM Corporation is the grantee the same having been sold to said grantee
on the 7th day of November A.D.,2012, under and by virtue of a writ Execution issued on the 23rd day
of April, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number
7949, at the suit of SLM Financial Corporation by and through its Nominee Mortgage Electronic
Registrations Systems Inc. against Anthony Owens II is duly recorded as Instrument Number
201314813.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this day of
A.D. c;2 612
t
corder of Deeds
.eoor er of Co�a4 Cediste,PA
Ay Commission res the Fast Monday Of Jam 2014