HomeMy WebLinkAbout11-8219IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff,
CIVIL DIVISION
NO.. l,. ?a vs.
David E. Burns, Jr.; Patricia A. Burns;
Defendants.
TO: DEFENDANTS
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE
ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED
AGAINST YOU.
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
3476 STATEVIEW BLVD.
MAC # X7801-013. FT. MILL, SC 29715
AND THE DEFENDANT:
61115ommerton Drive
Mechanicsburg, PA 17050-7375
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
6111 Sommerton Drive, Mechanicsburg PA 17050-7375
Municipalitv: Hampden
ATTORNEY FOR PLAINTIFF
ATTY FILE NO.: XFP 157621
TYPE OF PLEADING ; -,
kv
CIVIL ACTION -COMPLAINT , r r';
IN MORTGAGE FORECLOSURE;.-- ?
FILED ON BEHALF OF:
Wells Farizo Bank. N.A.
COUNSEL OF RECORD FOR THIS PARTY:
ZUCKER, GOLDBERG & ACKERMAN, LLC
Scott A. Dietterick, Esquire
Pa. I.D. #55650
Kimberly A. Bonner, Esquire
Pa. I.D. #89705
Joel A. Ackerman, Esquire
Pa I.D. #202729
Ashleigh Levy Marin, Esquire
Pa I.D. #306799
Ralph M. Salvia, Esquire
Pa I.D. #202946
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500
(908) 233-1390 FAX
office@zuckergoldberg.com
File No.: XFP- 157621/mme
a
01?
UU
Zucker, Goldberg & Ackerman, LLC
XFP-157621
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 51692 ET SEQ. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF
WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE
DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT
OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF
THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING
FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW
PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY
(20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE
MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE
RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR
RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION
OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU
SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS
SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A
DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE.
Zucker, Goldberg & Ackerman, LLC
XFP-157621
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff,
CIVIL DIVISION
NO..
vs.
David E. Burns, Jr.; Patricia A. Burns;
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim 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 SHOULD 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.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
NOTICE TO DEFEND
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
LAWYER REFERRAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
XFP-157621
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff,
CIVIL DIVISION
NO..
vs.
David E. Burns, Jr.; Patricia A. Burns;
Defendants.
AVISO
USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se
presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20)
dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un
abogado una comparecencia escrita y redicando en la Corte por escrito sus defensas de, y objeciones a,
los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de
dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante
puede ser dictado en contra suya por la Corte sin mas aviso adicional. Listed puede perder dinero 0
propiedad u otros derechos importantes para usted.
USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI LISTED NO TIENE UN
ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR
DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL.
NOTICE TO DEFEND & LAWYER REFERRAL SERVICE
NOTICE TO DEFEND
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
LAWYER REFERRAL
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
Phone (800) 990-9108
(717) 249-3166
Zucker, Goldberg & Ackerman, LLC
XFP-157621
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A., : CIVIL DIVISION
Plaintiff, : NO.:
vs. ;
David E. Burns, Jr.; Patricia A. Burns;
Defendants.
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Wells Fargo Bank, N.A., by its attorneys, Zucker, Goldberg & Ackerman, LLC,
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Wells Fargo Bank, N.A., (hereinafter "plaintiff") having its principal
place of business at 3476 STATEVIEW BLVD., MAC # X7801-013, FT. MILL, SC 29715.
2. The Defendants, David E. Burns, Jr. and Patricia A. Burns, are individuals whose last
known address is 6111 Sommerton Drive, Mechanicsburg, PA 17050-7375.
3. On or about April 22, 2010, David E. Burns, Jr. and Patricia A. Burns executed a Note
in favor of Precision Funding Group, LLC, A New Jersey Limited Liability Company in the original principal
amount of $268,620.00.
4. On or about April 22, 2010, as security for payment of the aforesaid Note, David E.
Burns, Jr. and Patricia A. Burns, husband and wife made, executed and delivered to Mortgage
Electronic Registration Systems, Inc. as nominee for Precision Funding Group, LLC, A New Jersey Limited
Liability Company a Mortgage in the original principal amount of $268,620.00 on the premises
hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of
Cumberland County on April 28, 2010, Instrument #201010673. A true and correct copy of said
Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A",
attached hereto and made a part hereof.
5. The note and mortgage was assigned to plaintiff by Assignment of Mortgage dated
August 3, 2011, from Mortgage ' Electronic Registration Systems, Inc., as nominee for Precision
Funding Group, LLC, A New Jersey Limited Liability Company, to Wells Fargo Bank, NA., said assignment
was recorded on August 9, 2011 as Instrument #201122111.
Zucker, Goldberg & Ackerman, LLC
XFP-157621
6. David E. Burns, Jr. and Patricia A. Burns, husband and wife are record and real owners
of the aforesaid mortgaged premises.
7. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due.
8. Plaintiff was not required to send Defendant(s) written Notice pursuant to 35 P.S.
§1680.403 (c) (Homeowners' Emergency Mortgage Assistance Act of 1983, - Act 91 of 1983), prior to
commencement of this action for the reason that the aforesaid Mortgage is insured by the Federal
Housing Administration under Title II of the National Housing Act (12 U.S.C. §§1707 - 1715(z) - 18) [35
P.S. §1680.401(a)(3).].
9. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's intention
to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of
this action for the reason that the original principal balance of the aforesaid Mortgage is more than
the original principal balance threshold of the Act, and therefore:
(a) said Mortgage is not a "residential mortgage" as defined in 41 P.S. §101;
(b) the Defendant(s) is/are not "residential mortgage debtor(s)" as defined in 41 P.S.
§101, and;
(c) the mortgage premises is not "residential real property" as defined in 41 P.S. §101.
10. The amount due and owing Plaintiff by Defendants is as follows:
Principal $265,098.78
Interest through 10/14/2011 $8,614.35
Escrow Advance $1,961.76
Late Charges $384.90
Inspection Fees $20.00
Corporate Advance $80.00
Total $276,159.79
plus interest on the principal sum ($265,098.78) at the daily per diem amount of $38.13, and all other
additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff,
including but not limited to, late charges, costs (including escrow advances) and Plaintiff's attorneys'
fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add
such additional sums to the above amount due and owning when incurred.
11. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not
seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a
separate legal action if such right exists. If Defendant(s) have received a discharge of personal
Zucker, Goldberg & Ackerman, LLC
XFP-157621
liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to
re-establish such liability.
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of
$276,159.79, with interest thereon at the daily per diem amount of $38.13 plus additional late
charges, and costs (including additional escrow advances), additional attorneys' fees and costs and
for foreclosure and sale of the mortgaged premises.
ZUCKER, LDBERG & ACKERMAN, LLC
BY: ( ffil-0 Inut
Dated: OctoberM2011 Scott A. Di t Brick, Esquire; PA I.D. #55650
Kimberly A. Bonner, Esquire; PA I.D. #89705
Joel A. Ackerman, Esquire; PA I.D. #202729
Ashleigh Levy Marin, Esquire; PA I.D. #306799
Ralph M. Salvia, Esquire; PA I.D. #202946
Attorneys for Plaintiff
XFP-157621/mme
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX
Email: Office@zuckergoldberg.com
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
Zucker, Goldberg & Ackerman, LLC
XFP-157621
EXHIBIT A
Zucker, Goldberg & Ackerman, LLC
XFP-157621
10(v73
• Ike
111tip
This Ine'ruR "ktum to
Surnft* Ridge Settlements
228 Haddonfield Rd. Suite 300
Chevy Hill, NJ 08002
After Recordinlt Return To:
CHERRY HILL, Mlil6vM
Loan Number: 135201
CDq-.1, ,.0
Uniform Parr M&4 ifier Number:
10,- -1oca -3X43
Prop Address:
6111 SOMMERTON
MECHANICSBURG,
LLC
ITE 100
08002
0002
DR.
PENNSYLVANIA 17050
[Space Above This Une'For Recording Data]
MORTGAGE PHA CASE NO.
446-0117901
MIN: 1005992-0651684512-8
THIS MORTGAGE ("Security Instrument") is given on APRIL 22, 2010
Themortgagoris DAVID E. BURNS JR. AND PATRICIA A. BURNS HUSBAND AND
WIFE
"Borrower" ).
(
This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MFRS") as Mortgagee. MERS
Is the nominee for Linder, as hereinafter defined, and Lender's successors and assigns. MFRS is organized and
existing under the laws of Delaware, and has a mailing address 00 .0. Box 2026, Flint, MI 48501-2026 and a street
address of 3300 S, W. 34th Avenue, Suite 101, Ocala, FL 34474, tel. (888) 674-MFRS.
PRECISICN F ING GROUP LLC, A NEW JM:LWY L 4=M LIABILITY CU4PMy ("Lender")
is organized and existing under the laws of NEW JERSEY
and has an address of 226 HADDONFIELD ROAD, SUITE 100, CHERRY HILL, NEW
JERSEY 08002
Borrower owes Lender the principal sum of TWO HUNDRED SIXTY-EIGHT THOUSAND SIX
HUNDRED TWENTY AND 00/100 Dollars (U. S. 5 268, 620. 00
}.
This'debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides
for monthly payments, with the full debt, if not paid earlier, due and payable on MAY 1, 2 04 0
it
FHA PENNSYLVANIA MORTGAGE - MSiS Docateglc MR= eso.e4e.1se2
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This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and
all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced
under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants
and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant
and convey to MERS (solely as nominee for Lender and Lender' a successors and assigns) and to the successors and
assigns of MFRS the following described property located in CUMBERLAND County,
Pennsylvania:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBIT "A".
which has the address of 6111 SOMMERTON DR.
Istr"t]
MECHANICSBURG , Pennsylvania 17050 ("Property Address").
(City] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. Ali 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 Properly; and to take any action required of Lender including, but not limited to, releasing or 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 aon-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:
L Payment of Prtadpal, Interest and Late Charge. Borrower shall pay when due the principal of, and
interest on, the debt evidenced by-the Note and late charges due under the Note.
2. Monthly Payment of Taws, Insurance, and Other Cberga. Borrower shall include in each monthly
payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the
Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
FHA PENNSYLVANIA MORTGAGE - MER5 DocatagJe ?laDaooi aa.13e?
PAMTGZ.FHA 11101/08 Page 2 of 10 www.Jocmaq*,aam
which such premium would have been required if Lender still held the Security Instrument, each monthly payment
shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is heldby the Secretary,
in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items
are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures
Act of 1974, 12 U. S.C. 12601 etL . and implementing regulations, 24 CFR Part 3500, as they may be amended
from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements
or disbursements before the Borrower's payments are available in the account may not be based on amounts due for
the mortgage insurance premium.
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Leader shall
account to Borrower for the excess fiiads as required by RESPA. If the amounts of funds held by Lender at any time
are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make
up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Iastrument. If
Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance
remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has
not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be
credited with any balance remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
jZ, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by
the Secretary instead of the monthly mortgage insurance premium;
SECOND. to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
THIRD. to interest due under the Note;
FOURTH, to amortization of the principal of the Note; and
FIFTH, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire,
for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that
Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or
subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with
companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include
loss payable clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance
proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and
this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment
of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or
FHA PENNSYLVANIA MORTGAGE- MFRS QOCA dAWW QOp.y{p_f9a2
PAMTGZ.RIA 11/01/08 Page 3 of 10 www.dxn3%*.com
change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes
the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Propwty; Borrower's Loam Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty
days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Leader determine& that requirement will cause undue hardship for Borrower, or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating
circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow
the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is
vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant
or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave
materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations
concerning Borrower's occupancy -of the Property as a principal residence. If this Security Instrument is on a
leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection
with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are
hereby assigned and shall be paid to Lender tothe extent of the full amount of the indebtedness that remains unpaid
under the Note and this Security Instrument. Lender shall apply such proeceda to the reduction of the indebtedness
under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in --
paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend
or postpone the due date of the monthly payments, which are referred to in. paragraph 2, or change the amount of such
payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Leader's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay
these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly
affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's
rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be
secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate,
and at the option of Lender shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lice in a manner acceptable to Lender; (b) contests
in good faith the lien by, or defeads against enforcement of the lien in, legal proceedings which in the Lender's
FHA PFNNSYLVANtA MORTGAGE- MM D"Nag/reDbMM 800440-1362
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. a r4 awkvw ? l111
opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement
satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the
Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within
10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment
defaults, require immediate payment in full of all sums secured by this Security Instrument if-
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d)
of the Gam-St Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior
approval of the Secretary, require immediate payment in fill of all sutras soared by this Security Instrument it,
Q) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is
sold or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property, but his or her credit has not been approved in
accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full,
but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of IFUD Secretary. In many circumstances regulations issued by the Secretary will limit
Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not
paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations
of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 DAYS
from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by
this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to
60 DAYS from the date hereof, declining to insure this Security Instrument and
the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option
may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit
a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies
even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a
lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of
Borrower under this Security lustrtunent, foreclosure costs and reasonable and customary attorneys' fees and expenses
properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security instrument and
the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full.
However, Lender is not required to permit reinstatement if. (i) Lender has accepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the commencement of a current
FHA Pe4NtSYLVANIA MORTGAGE - MM DocMapic 07=M sooa943e2
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foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security Increment.
11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Sipers. The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Leader and Borrower, subject to the
provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who
co-signs this Security Instrument but does not execute the Note; (a) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)
is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this
Security Instrument or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by mauling it by first class mail unless applicable law requires use of another method. The notice shall be directed
to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall
be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower.
Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when
given as provided in this paragraph.
14. Governing Law; Severabiilty. This Security Instrument shall be governed by federal law and the law of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument
or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security
Instrument and the Note are declared to be severable.
13. Borrower's Copy. Borrower shall be given one conformed copy ofthe Note and of this Security Instrument.
16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply
to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental
or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property
is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde,
and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the
jurisdiction where the Property is located that relate to health, safety or environmental protection.
t7ocMaple EaErasWS 80"49-1362
F M PENNSYLVANIA 08 RTGAGE - MB2S Page 6 of 10
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NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows;
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues
of the Property. Borrower authorizes Lender or Lender' s agents to collect the rents and revenues and hereby directs
each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to
Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and
receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of
rents constitutes an absolute assignment and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as
trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be
entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents
due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would
prevent Loder from exercising its rights under this paragraph IT
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice
of breach to Borrower. However, Lender .or a judicially appointed receiver may do so at any time there is a breach.
Any application of rants shall not cure or waive any default or invalidate any other right or remedy of Lender. This
assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full.
I8. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may
foreclose this Security Instrument by judicial proceeding and/or invoke any other remedies permitted by
applicable law. Lender shall be entitled to collect all expenses incurred In pursuing the remedies provided or
referred to In this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence to the
extent permitted by applicable law.
If the Lender's Interest In this Security Instrument Is held by the Secretary, and the Secretary requires
inunediate payment In full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided
in the Single Family Mortgage Foreclosure Act of 1994 ("Act') (12 U.S.C. 3751 gt seq.) by requesting a
foreclosure comsulssloner designated under the Act to commence foreclosure and to sell the Property as provided
in the Act. Nothing In the preceding sentence shall deprive the Secretary of any rights otherwise available to
a Lender under this paragraph 18 or applicable law.
19. 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 coats. 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.
20. 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.
21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior
to the commencement of bidding at a aherifP s sale or other sale pursuant to this Security Instrument.
22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to
acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered
on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note.
PAM?FFIA 1ANOA/08 MORTGAGE - MFRS pie 7 of ?0 DOCA1000 dPWW WO-440-1342
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24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument.
[Check applicable box(es)].
? Condominium Rider
? Planned Unit Development Rider
? Non-Owner Occupancy Rider
? Graduated Payment Rider
? Adjustable Rate Rider
[] Other [Specify]
? Growing Equity Rider
? Rehabilitation Loan Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in pages 1 through 10 of this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
f?
(Seal)
DAVID E. BUIft J'R. -Borrower
Witness:
PATRICIA A. BURNS Borrower
Witness:
(Seal)
-Borrower
(Seal)
-Borrower
a?
FHA PENNSYLVANIA MORTGAGE - MERS Docwgic 4vbn oe 800449-1987
PAMTGZ.FHA 11/01/08 Page 8 of 10 www.doernrpic.eom
(Seal)
-Borrower
(Seal)
Borrower
nnn.
[Space Below This Line For Acknowledgment]
State of PENNSYLVANIA
County of CUMBERLAND
On this the ;,"' day of ?l a s f b , before me, r ?Q.E'xlso?
the undersigned officer, personally appeared DAVID E. BURNS JR. AND PATRICIA A.
BURNS
ibi6?k (-- satisfactorily proven) to be the person(a) whose name(s)-Ware subscribed to the within instrument
and acknowledged thatthe1o ecuted the same for the proposes therein contained.
In witness whereof, I hereunto set my hand and official seals.
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(Seal)
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A l;leV'y"d4
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Printed Name
Title of Officer
My commission expires: 8 02 i;-
FHA PENNSYLVANIA MORTGAGE- MEFtS DaCiUROCa8m1i "0440-1363
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11 MIi M .. -."..
Certificate of Residence of MotUM
The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agent of
the Mortgagee named in the within instrument; and (ii) Mortgagee's precise residence is:
3300 S. W. 34th Avenue, Suite 101, Ocala, FL 24474, P. O. Box
2026, Flint, Michigan 48501-2026
Witness my hand this day of
Signature of M gagee or Mortgagee s Duly Authorized Attorney or Agent
?Jb J, ?V,41
Type or Pratt Name of Mortgagee or gee s Duly Authorized Attorney or Agent
FHA PENNSYLVANIA MORTGAGE- MERS OocMrpleeveRmsa e00-e40-1302
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ALTA Commiftwt (6.17-06) CommWwt No.: SRS-1694
Page Number: 5
SCHEDULE"C"
ALL THAT CERTAIN parcel of land situate in Mechanicsburg, Cumberland County, Commonwealth of
Pennsylvania, more particularly bounded and described to wit:
BEGINNING at a point on the southern right-of-way line of Sommelton Drive at the common front
property comer of Lot No. 319 and Lot No. 320 as shown on the hereinafter mentioned plan of lots;
thence along said right-of-way line by a curve having a radius of 175.00 feet and an arc length of 11.60
feet to a point; thence continuing along said right-of-way line North 40 degrees 18 minutes 00 seconds
East, a distance of 89.39 feet to a point at the dividing line between Lot No. 320 and Lot No. 321; thence
along said dividing One South 49 degrees 42 minutes 00 seconds East, a distance of 101.00 feet to a
point; thence South 40 degrees 18 minutes 00 seconds West, a distance of 101.00 feet to a point at the
dividing fine between Lot No. 319 and Lot No. 320; thence along said divlding line North 49 degrees 42
minutes 00 seconds West, a distance of 101.14 feet to a polnt, said point being the Place of BEGIWNG.
THE above-described tract being known as Lot No. 320 of the Final Subdivision Plan of Hampden Hearth -
Phase N-B recorded in the Cumberland County Courthouse in Plan Book 79, Page 107.
TAX MAP NO. 10-16-1062-263
BEING the same premises which Wheatland Custom Homes, Inc., by Deed dated 11-30-00 and recorded
12-01-00` in the Office of the Recorder of Deeds In and for the County of Cumberland In Record Book 235
Page 300, granted and conveyed unto David E. Bums, ]r. and Patricia A. Burns, husband and wife.
Flmt American Title Insurance Company
VERIFICATION
Monica Vargas, hereby states that V/she is Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this
matter, that V/she is authorized to make this Verification, and verify that the statements
made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the
best of l//her information and belief. The undersigned understands that this statement is
made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to
authorities.
Name Monica Var s
DATE: October 25, 2011
Title: Vice President Loan Documentation
032-PA-V3.1
File #: 157621