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Home My WebLink About12-0343I 14 Shon-del Krebs 219 Wooley Hollow Court Mechanicsburg, PA 17055 Telephone: (717) 858-3141 E-mail: 2012 FEB -8 Al 11: 50 rUMBERLANO COUNTY PENNSYLVANIA Plaintiff WELLS FARGO BANK, N.A Plaintiff(s) V. JOHN R. KREBS a/k/a John Randall Krebs and SHON-DEL KREBS, a/k/a Shondel Krebs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-6343 CIVIL DIVISION Defendant(s) PLAINTIFF, SHOWDEL KREBS' ANSWER TO COMPLAINT 1. Admitted. 2. Admitted in part. Denied in part. Shon-del Krebs' current address is 219 Wooley Hollow Court, Mechanicsburg, PA 17055. Answering Defendant, Shon-del Krebs cannot verify current address of Defendant John R. Krebs. 3. Admitted. 4. Admitted. 5. Admitted. 6. After reasonable investigation answering Defendant is without sufficient knowledge to form a belief as to the truth of the averments contained in Paragraph 6 and therefore, denies same and demands strict proof thereof at a trial of this action. 7. After reasonable investigation answering Defendant is without sufficient knowledge to form a belief as to the truth of the averments contained in Paragraph 7 and therefore, denies same and demands strict proof thereof at a trial of this action. 8. After reasonable investigation answering Defendant is without sufficient knowledge to form a belief as to the truth of the averments contained in Paragraph 8 and therefore, denies same and demands strict proof thereof at a trial of this action. Respectfully Submitted Dated: ? - I - ( ?- Shon-del Krebs, P aintiff VERIFICATION I, Shon-del Krebs, hereby state that the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief) and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Dated: D - 1 Shon-del Krebs, Plaintiff f r Shon-del Krebs 219 Wooley Hollow Court Mechanicsburg, PA 17055 Telephone: (717) 858-3141 E-mail: Plaintiff WELLS FARGO BANK, N.A Plaintiff(s) V. JOHN R. KREBS a/k/a John Randall Krebs and SHON-DEL KREBS, a/k/a Shondel Krebs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-3343 CIVIL DIVISION Defendant(s) CERTIFICATE OF SERVICE On February - 2012, 1 hereby certify that a true and correct copy was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Robert W. Cusick, Esquire Phelan Hallinan & Schmieg, LLP 16171FK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Dated: Respectfully Submitted Shon-del Krebs, Plaintiff SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4„titt? Qt ??c?nGrr,??74 QFFIt,E.;,F -i-F {i-;RIFF L?12 FEB 1 t M 12- GUMPgANSYLVA A COUt4TY t Wells Fargo Bank, NA vs. John Randall Krebs (et al.) Case Number 2012-343 SHERIFF'S RETURN OF SERVICE 01/30/2012 03:15 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on January 30, 2012 at 1515 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: John Randall Krebs, by making known unto Jennifer Krebs, Sister in Law of Defendant at 11 Kower Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. DEIW FRY, DEPU 02/02/2012 03:38 PM - Elizabeth Muller, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2012 at 1538 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Shon-Del Krebs, by making known unto herself personally, at 219 Wooley Hollow Court, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $64.00 February 03, 2012 _ m ELI ETH MULLER, DEPUTY SO ANSWERS, ('y Z' RON R ANDERSON, SHERIFF jcl Gou.ntySuite. Sheriff. Teleosoft. Init. PHELAN HALLINAN & SCHMIEG, LLP Joseph Schalk, Esquire 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Wells Fargo Bank, N.A. VS. John R. Krebs A/K/A John Randall Krebs Shon-Del Krebs A/K/A Shondel Krebs Cumberland County Court Of Common Pleas Civil Division g723 ' v-'' No. 2012-343-CIVIL " Z-- _ n =Fj . Z p• C) rn dC S' OD -C PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against JOHN R. KREBS A/K/A JOHN RANDALL KREBS, Defendant for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint TOTAL $231,569.36 $231,569.36 I hereby certify that (1) the Defendant's last known address is 11 KOWER COURT, MECHANICSBURG, PA 17055-5354, and (2) that notice has been given in accordance with Rule Pa.R.C.P 237.1. Date K ? i o Jo p Schalk, Esquire Att rney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: q //a//a .. ? PHS # 284739 / 'PROTHONOTARY so PO AT?-/ ?? x']3989 go4iee Mailed 284739 PHELAN HALLINAN & SCHMIEG, LLP Joseph Schalk, Esquire 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Wells Fargo Bank, N.A. VS. John R. Krebs A/K/A John Randall Krebs Shon-Del Krebs A/K/A Shondel Krebs Attorney for Plaintiff . Cumberland County . Court Of Common Pleas . Civil Division : No. 2012-343-CIVIL AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that Plaintiff is without information sufficient to determine whether the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JOHN R. KREBS A/K/A JOHN RANDALL KREBS is over 18 years of age and resides at 11 KOWER COURT, MECHANICSBURG, PA 17055-5354. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date q( f 1 L,_ -Mlk, Esquire for Plaintiff 284739 WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS Plaintiff CIVIL DIVISON V, NO. 2012-343-CIVIL JOIiN R. KREBS, A/K/A JOHN RA.NDALL KREBS CUMBERLAND COUNTY SHON-DEL KREBS, A/K/A SHONDEL. KREBS Defendant(s) TO: JOHN R. KREBS, A/K/A JOHN RANDALL KREBS I I KOWER COURT MECIIANICSBURG, PA 17055-5354 re3 24 DATE OF NOTICE: THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS 'NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGA'INS'T' PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE. FAILED TO ENTER A WRITTEN APPEARANCE., PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGI-ITS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFIC.F.. CAN PROVR)F. YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE, TO PROVII.)E YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OTTER LEGAL SERVICES TO ET-1GTBLF PERSONS AT A REDUCED FEE OR NO FEE. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By:. _-L-? Dana Omni Esquire Attorney for irt.i.fl' Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PITS # 284739 a?f-73y SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Anderson 001 et t 40v*r f Smith ? 4 eputy f W Stewart OFFICE OF THE SKERIFF W ills Fargo Bank, NA Case Number vs, 2012-343 Jo % Randall Krebs lot al.) SHERIFF'S RETURN OF SERVICE !73:15 p'M Dennis Fry, Deputy Stmt, who being duty swam 8000rdit to law, states that on January 30, 2012 at 1515 hours, he served a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit John RwIdsll Krebs, by making known unto Jennifer Krebs, Sister in Law of Defendant at 11 Kower Court, Made Ve"Irg. CurnbOrtand County, Pennsyhranle 17055 its conteMs and at the same time handing to hherr penally the said true and cot t Copy of the some. t FRY, DEP 02:38 PM . Elimbeth'Muder, Deputy Sheriff, who being duly mom rd t'l; to law, states that on February 2, 2012 at 1538 hours, she served a two copy, of the within Complaint in Mortgage foreclosure, upon the within marred defendant to wit: Shan-DoI Krebs, by making !mown unto herself personally, at 219 Wsy Ho0ow Court, Mechanicsburg, Cumberland County, Peru Wania 17055 its contents and al' they same time handing to her fly the said no and correct copy of the same. COST: $64.00 03, 2012 EL 8TH MULLER, DEPUTY SO ANSWERS, S, RON ,;`RANDERSON,SHERIFF (a} CaadySUIe Sh". TOW&A, lim, (Rule of Civil Procedure No. 236) - Revised Wells Fargo Bank, N.A. VS. John R. Krebs A/K/A John Randall Krebs Shon-Del Krebs A/K/A Shondel Krebs Cumberland County Court Of Common Pleas Civil Division : No. 2012-343-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on 60/0-A If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Joseph Schalk, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** 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 BEANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** 284739 4. Defendant, John R. Krebs A/K/A/ John Randall Krebs has failed to file an Answer to the Complaint, and Plaintiff has entered a default judgment against them. A true and correct copy of Plaintiffs Praecipe for Judgment is attached hereto, incorporated herein by reference, and marked as Exhibit G. 5. Defendant, Shon-del Krebs A/K/A Shondel Krebs, has filed an Answer to the Complaint in which she have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 6. In her Answer, Defendant generally denies paragraphs six of the Complaint, which avers the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. 7. Defendant admitted in paragraph three of her Answer that she executed the Mortgage and that the Mortgage has been assigned to Plaintiff. Defendant executed the Mortgage promising to repay the loan on a monthly basis. A copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Instrument No. 201110088, is attached hereto, made part hereof, and marked Exhibit A. A copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al. Both documents have been redacted to remove account identifying information. 9. The Mortgage is due for the August 1, 2011 payment, a period in excess of eleven (11) months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 10. Defendant's default is also evidenced by Plaintiffs loan history, a copy of which is attached hereto, made part hereof, and marked Exhibit F. The document has been redacted to remove personal account identifying information. 11. The last payment applied to the Defendant's mortgage was on or around July 5, 2011. Plaintiff applied this payment to Defendant's account for the delinquent July 1, 2011 payment, as is evidenced by the attached loan history on Defendant's account (see Exhibit F). The account remains due and owing for the August 1, 2011 payment. Furthermore, Defendant: has not provided proof of any payments she might has made. 12. Plaintiff has complied with Act 6 of 1974 as it appropriately notified Defendant of its intent to foreclose under the Mortgage and afforded Defendant 30 days to cure the arrearage before commencing its foreclosure action. A redacted copy of the Act 6 notice (along with proof of mailing) is attached hereto, incorporated herein by reference, and marked as Exhibit E. 13. Defendant's has failed to sustain her burden of presenting facts which contradict the averments of Plaintiffs Complaint. 14. Defendant's has the right to reinstate or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as stated in the Affidavit in support of the Motion for Summary Judgment, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINA,N & SCHMIEG, LLP ? I Date: By: s K e h Schalk, Esq Atto ev for Plaintiff Exhibit "A" Prepared By: WELLS FARGO BANK, N.A. HOME CAMPUS WALNUT STREET,, DES MOINES, IA 503280001 Return To: FINAL DOCS T 40e-01F Core Settlement Services 4 WI5 Li1D BLDG toe 3800 Market Street s oxI x 78251-4200 Camp Hill, PA 97011 Parcel Number: ({ Premises: 11 KOWER COURT MECHANICSBURG 1Space Above This Line For Recordi ft Data] MORTGAGE titilt1iiIIII DEFINITIONS 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 MARCH 2 4, 2 011 together with all Riders to this document. (B)"Borrower"is JOHN R KREBS AND SHON-DEL KREBS, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. PENH®®YLVANIA•Singie FamilyFarnie Mae/Freddia Mac UNIFORM INSTRUMENT 3030 1101 VMP foal .00 Mitida: Pa90 ge I o off 00 Woltew KWwer Finwwal Sarvicee 10 NMFL 83039 EPACM) ReV 112008 will 11/15/2011 10:2024 AM CUMBERLAND COUNTY lnst.# 201110088 - Page 1 of 2 (C) "Lender" is WELLS FARGO BANK, N.A. Lender is a NATIONAL ASSOCIATION organized and existing under the laws of THE UNITED STATES Lender's address is P.O. BOX 11701, NEWARK, NJ 071014701 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated MARCH 24, 2011 The Note states that Borrower owes Lender TWO HUNDRED TWENTY EIGHT THOUSAND TWO HUNDRED AND 00/100 Dollars (U. S. $ * * * * * * 2 2 8 , 2 0 0.0 0 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than APRIL 01, 2041 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "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. (G) "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 C] Condominium Rider ? Second. Home Rider ? Balloon Rider ® Planned Unit Development Rider F--? 1-4 Family Rider ? VA Rider ? Biweekly Payment Rider ? Other(s) [specify] (11) "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. (I) "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. V) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telcphonic 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. (K) "Escrow items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the PINNSYLVANIA-5injic Famdy-Fsnnic Mb&/Rsddia Mac UNIFORM INSTRUMENT ".,e Walters Kluwer Financial Services arm 3039.1101 OIpA!{0(1041.00 Initielc Psga 2 of 17 11115/2011 10:2024 AM CUMBERLAND COUNTY Inst.# 201110088 - Page 2 of 2: Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. M "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (1) "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. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C Section 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. (P) "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 li convey this Security Instrument and the Note. For this purpose; Borrower does hereby mortgage, grant Lender the following described property located in the COUNTY [Type of Recacding Jurisdiction] of CUMBERLAND [Name of Reearding Jurisdiction]: SEE ATTACHED LEGAL DESCRIPTION TAX STATEMENTS SHOULD BE SENT TO; WELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, N3 071014701 which currently has the address of 11 KOWER COURT 11 KOWER COURT [Street] MECHANt"ICSBURG [City], Pennsylvania 17055 (Zip Code] ("Pmnerty Address"): Form 3039 1101 PENNSYLVp NiA-SSingle Family-Fannia Mae1RAddfa Wtsc l)NIFORM INSTRUMENT MP IPA) (08041-00 VMP Initials: Page 3 01 17 Wolter. Kluwer Financial Services 11/15/2011 10:20:24 AM CUMBERLAND COUNTY Inst.# 201110088 - Page 3 of 2 TOGETHER WITH all the improvements now or hereafter erected an 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 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 finds 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 any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following fortes, 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 refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principK 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; (e) amounts due under Section 3. Such payments PFNNSYLYANIA•Singk FamAy-Fannia M*WFraddia Mae UNIFORM INSTRUMENT Form 3039 1101 ®® P6tPA1108041.00 YMP Irvtiala: Page 4 of 17 Wolter Kluwer Financial Senicea 10:20:24 AM CUMBERLAND COUNTY Inst.# 201110088 - Page 4 of 2 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 late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applies to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. L°,nder may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that axe then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds a the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and rm 3039 1101 PENNSYLVANIA-Singlo FamilY-Famie Mae/F7rrd?u Mac UNIFORM INSTRUMENT (PA) t0904).00 11.P Irvtiai.: Page 5 of 17 W"hma Kluwer Finarxial Services 11/15/2011 10:20:24 AM CUMBERLAND COUNTY Inst.# 201110088 - Page 5 of 2 reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, 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 lieu to dais 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 Prnnetty insured against loss by fire, hazards included within the term "extended coverage, " and any VM Form 3039 1101 PENN,VLVRNIA-Single Family-Fannie Mea?Yaddie Mac UNIFORM INSTRUMENT eim (05041.00 P tnitiala. Page a of 77 Wolters 1()Uwu Fiirksmal Saviwe :1/15/2011 10:20:24 AM CUMBERLAND COUNTY Instl 201110088 - Page 6 of 2 other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any 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 lnsuument. 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 lass if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's 'satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shallnot 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 PENN3YlVANIA-Strgle Family-Fannie Maeffreddie Mae UNIFORM INSTRUMENT rm 3039 1/01 ® IPA) (09041.00 VMP Initial: Page 7 of 17 Wolters Khrwar Financial Sa iae• :115. 1 10:20:24 AM CUMBERLAND COUNTY Inst.# 201110088 - Page 7 of 2 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 fender that the insurance carrier has offered to settle a claim, then Lender may negotiate " settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lende: acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether at 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. Inspections. Borrower shall not 7. Preservation, Maintenance and Protection of the Property; 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 connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds 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 bas reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with 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. 038 t/0} 3 jo.?r PINN .,,, YLVANIA-6irple FamilY-f?^1e MseJFrddis Msc UNIfORM INSTRUMENT y (0901,100 Walt Initials: Peye 8 01 i 7 Wooers Kluwer Fnancisl 5emus 11/15/2011 10:20:24 AM CUMBERLAND COUNTY inst.# 201110088 - Page 8 of 2: 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 is 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 regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at dz Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.. if this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the -'ee title shall not merge unless Lender agrees to the merger in writing. 14. 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. If, 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 -,o 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 miler 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 Form 303D 1101 PENNSYLVANIA Single Family-Fannia Mama/Fraddie Mac UNIFORM INSTRUMENT Q IpA1 (08041-D? VMP®® k,itlAa;?/ Page B of 17 Wolter Kluwer Financial Servic" 11/15/2011 10:20:24 AM CUMBERLAND COUNTY inst.# 201110088 - Page £ of 2 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 on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. 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, 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 inerease 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 inspect 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, andlor 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. - PE NNSYLVANIASingle Family-F¦rtrie Mae/Freddis Mae UNIFORM INSTRUMENT VMP? Wolters Ku,wer Ftnar4al SwVias -311319 1101 jt,0,:7PA7 108041.00 Initlals!5 Paga 10 0 t7 11/15/2011 10:20:24 AM CUMBERLAND COUNTY Inst.# 201110088 - Page iQ of 2 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 stuns 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 if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 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 die 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 tc Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. 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 t? at 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 Inability; 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 bat does not execute the Note (a "co-signer"): (a) is co-signing this 1101 )035 PENNSYLVANIA-Single family-F:wrva MaeffmWis Mae UNIFORM INSTRUMENT Farm A)3 10804) P .00 VMpa Initial.: Page 11 of 17 Wolters Kluwer Financial Sarvlcaa 11/15/2011 10:20:24 AM CUMBERLAND COUNTY Inst.# 201110088 - Page 11 of 2 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 what 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 refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by maiing 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 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 Instrument 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. arm aoss 1101 PENN,?YIVANIA-Sirgte Family-Fsmiie Mae/F,eddie Mae UNtFORM INSTRUMENT BiPA1108041.00 VMP Inttialr19 Page l2 of 17 Walton KWwer Finandy Services 11/15/2011 10:20:24 AM CUMBERLAND COUNTY Inst.# 201110088 - Page 12 of 2 lb. Governing Law; Severability; 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 =aw. 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 beaeficiai interests transferred in a bond for deed, contract far 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 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, Lw&r 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 ar y remedies permitted by this Security Insrument 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 Ere 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) cares any de-fault 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 fees, 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 check or cashier's check, provided any such check is drawn upon PENN?''YLVANIA-Single FamityFannie Mae/F*sddie Mac UNIFORM INSTRUMENT - 3038 1101 VMP a{PA1 (0604).00 Wolters Khiwer Fhaneie Services Initiate: Page 13 of 17 11/15/2011 10:20:24 AM CUMBERLAND COUNTY Inst.# 201110088 - Page 13 of 2 an institution whose deposits are insured by a federal 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 (tcgether 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 Servicee) 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 Servieer 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 individuFl litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such 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 herbieid.s, 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 o the Property. The quantities two sentences shall not apply to the presence, use, or storage on the Property 38 1101 PENNSYLVANIA•SSr,gie FamilyFannia Mae/Fraddi. Mx UNIFORM INSTRUMENT ?YA90 SiPAI(30 08041.00 VMP ®® Irtitials: Page 14 of 17 WoRers Kki-r Fiaandai Services 1/1512011 10:20:24 AM CUMBERLAND COUNTY Inst.# 201110088 - Page 14 of 2: 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 shalt promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. 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 sutra secured by this Security Instrument, foreclosure by judicial proceeding and We 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 ;ee 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 futare 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. PENNSYLVANIA-Single Fanny-Farwoe MasfFrddi. Mac UNIFORM INSTRUMENT F -32 1101 VMP tPAI f4),)" 00 Wolters Xk,", Financial Servicaa INtiale' Page 15 of 17 lr. --' A 10:20:2.1 AM CUMBERLAND COUNTY inst.# 201110088 - Page 15 of 2 BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: l/ - (Seal) Borrower (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower PENNJI1LVANIA-Sirgle Family-Famie Maa/Froddia Mac UNIFORM INSTRUMENT VMP Wohars Kluwer Financlal SNVIces 11/15/2011 10:20:24 AM CUMBERLAND COUNTY (seal) J R KREB -Borrower (Seal) SHOAT-DEL KREBS -Borrower Farm 3039 1/01 (PA1 509041.00 Initials: Pager 19 of 17 Inst.# 201110088 - Page 1E of 2 COMMONWEALTH OF PENNSYLVANIA, On this, the Z ? day of undersigned officer, personally appeared JOHN R County ss. r?'?' Z d before me, the KREBS AND SHON-DEL KREBS known to me (or satisfactorily proven) to perso (s whose na s i are bscribed to the within instrument and acknowledged that he/sh /they xecuted a same for purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ! ,`2-J, W) COMMONWEALTH Of PENNSYLVANIA Notarial Seal Karen L Burch, Notary Public Hampden Twp., CUMbattari02 County my commo3ion b" Nov. 4 2013 Member, PlxMS04r1a As WXW of Notaries r Title of Officer Certificate of ]Residence I KG H h (_, ,J/ Lt I r? , do hereby certify that the correct address of the within-named Mortgagee is P,0- BOX 11701, NEWARK, NC 071014701 ? Witness my hand this day of 1 ' 1 a'f'z?! 1 G Agent of Mortgagee PENNSYLVANIA-Single Family-Fannie Mae/F2ddie Mac UNIFORM INSTRUMENT VMP®® Wolters Kluwer Riancial SmVkea Form 3030 1101 ??age 17 of Pa Initial.: 8 of 0 17 15/2011 10:20:24 AM CUMBERLAND COUNTY inst.# 201110088 - Page 17 of 2: LEGAL DESCRIPTION ALL THAT C.RTAIN tract or lot of real estate situate in Upper Allen Township, Cumberland County, Pennsylvania, known as Lot No. 1.3 of Ashcombe Farms P.R. D., Final Phase 1, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right of way line of Kower Court, a 50 foot wide street, said point being the northeastern corner of Lot No. 14; thence along the northern line of said lot South 77 degrees 51 minutes 48 seconds West a distance of 85.97 feet to a point, said point being on the eastern line of Phase 3; thence along the eastern line of said phase North 24 degrees 30 minutes 49 seconds West a distance of 150.78 feet to a point; thence continuing along same North 21 degrees 51 minutes 42 seconds East a distance of 37.47 feet to a point, said point being the westerly corner of Lot No. 12; thence along the southern line of said lot South 51 degrees 41 minutes 16 seconds East a distance of 181.30 feet to a point being the western right of way line of Kower Court; thence along said right of way along a curve to the left having a radius of 50.00 feet and an arc length of 44.02 feet, said are being subtended by a chord of South 13 degrees 05 minutes 16 seconds West a distance of 42.62 feet to a point, the place of BEGINNING. SAID lot is subject to half of a thirty foot wide sanitary and storm easement following the southern boundary line as being shown in greater detail on the final sit plat sheet 3 of 3 of Ashcombe Farms P.R.D., Phase I; revised August 8,1996, as prepared by Melham Associates, P.C. UNDER AND SUBJECT to restrictions and covenants of record, including by not limited to Decaration of Covenants, Conditions and Restrictions for Ashcombe Farms, P.R.D., a Flexible Residential Planned Community recorded in the Office of the Recorder of Deeds of Cumberland County, on April 13, 1999, in Misc. Book 573, Page 407. Parcel #42-30-2106-028 11/15/2011 10:20:24 AM CUMBERLAND COUNTY Inst.# 201110088 - Page 18 of 2 PLANNED UNIT DEVELOPMENT RIDER TRIS PLANNED UNIT DEVELOPMENT RIDER is made this 24TH day of MARCH, 2011 , 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 WELLS FARGO BANK, N.A. (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 11 KOWER COURT, MECHANICSBURG, PA 17055 [Property Address] The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in COVENANTS, CONDITIONS AND RESTRICTIONS (the "Declaration"). The Property is a part of a planned unit development known as TBD [Name of Planned Unit Development) (the "PUD'). The Property also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made ir the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. MULTISTATE PUD RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT / Form 3150 1101 Walters Kluwer Financial Services Page 1 of 3 Initials: VMP"-7R (0811) mil NMFL 3150 (PUDR) Rev 212009 11/15/2011 10:2024 AM CUMBERLAND COUNTY Inst.# 201110088 - Page 19 of 2 B, Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and 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, then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly premium installments for property insurance on the Property; and (0) Borrower's obligation under Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. What Lender requires as a condition of this waiver can charge during the term of the loan. Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy, In the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D.:.ondemnation. The proceeds of any award or claim for damages, direct or consequemial, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUC, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Section 11. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners Association; or {iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners Association unacceptable to Lender. F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. MULTISTATE PUD RIDER - Single Family - Fannie Mae/Freddie Mac U INSTRUMENT VMP®-7R (0811) Page 2 of 3 Initials Form 3150 1/01 11/15/2011 10:20:24 AM CUMBERLAND COUNTY Instl 201110088 - Page 2C of 2 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this PUD Rider. (Seal) s tz x S -Borrower - {Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower (Seal) -Borrower MULTISTATE PUD RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMPO-7R (0811) Page 3 of 3 Form 3150 1101 (Seal) SHON-DEL KREBS -Borrower :111512011 10:20:24 AM CUMBERLAND COUNTY Inst.# 201110088 - Page 21 of 2 ROBER'T' P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201110088 Recorded On 4/4/2011 At 11:18:53 AM * Instrument Type - MORTGAGE Invoice Number - 84758 User LD - MSW * Mortgagor - KREBS, JOHN R * Mortgagee - WELLS FARGO BK N A * Customer - CORE SETTLEMENT SERVICES * FEES STATE WRIT TAX STATE JCS/ACCESS TO JUSTICE RECORDING FEES - 'RECORDER OF DEEDS :EARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE TOTAL PAID $0.50 $23.50 $45.50 $10.00 $11.50 $2.00 $3.00 $96.00 I Certify this to be recorded in Cumberland County PA * Total Pages - 22 Certification Page DO NOT DETACH This page is now part of this legal document. ° RECORDER O D EDS " - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. IN 15/2911 10:20:24 AM CUMBERLAND CCUNTY Inst.# 201110088 - Page 22 of 2 Exhibit "A-1" NOTE MARCH 24, 2011 lDatel [Cityl IscNel 11 KOWER COURT, MECHANICSBURG, PA 17055 I Property Address] 1. BORROWER'S PROMISE TO PAY in return for a loan that I have received, I promise to pay U.S. $ *****228,200.00 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is WELLS FARGO BANK, N.A. I will stake all payments under this Note in the form of cash, check or money order. 1 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. 1 will pay interest at a yearly rate of 5.500 %. The interest rate required by this Section 2 is the rate l will pay both before and after any default described in Section 6(13) of this Note. 3. PAYMENTS (A) Time and Place of Payments 1 will pay principal and interest by making a payment every month. I will make my monthly payment on the FIRST day of each month beginning on MAY 01, 2011 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on APRIL 01, 2041 1 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 atWELLS FARGO HOME MORTGAGE, P.O. BOX 11701, NEWARK, NJ 071014701 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. $ **1, 295 .69 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. 1 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 die 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 1 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. Wol[trs Kluwer financial Services MULTISTATE FIXED RATE HCTE - Single family - Farvtia M-IFradd,a Mac UNIFORM INSTRUMENT Form 3200 7107 SN (03 03).00 VMP C°> ffln NMFL 3200 KNOT) Rev 312009 Initials: Page 1 of 3 111111111111111111111111111111 11? 11111111 1111 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) ally such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. if a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5. D00 % 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 c' 0 pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligation under this Note waive die 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" meads the right to require the Note Holder to give notice to other persons that aniounts due have not been paid. MULTISTATE FIXED RATE NOTE - Single Family • Fannie Mae/Freddie Mac UNIFORM INSTRUMENT form 3200 11.01 VI O P5N (08031.00 Wolters Kluwer Financial Services Initials: Page 2 of 3 10. UNIFORM SECURED NOTE This Note is it uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, it Mortgage, Deed of Trust, or Security Deed (the "Security instrument"), dated the saute date as this Note, protects the Note Holder from possible losses which Wright result if I do not keep the promises which l make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all :unounts I owe under this Note. Some of those conditions are described is 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 it 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 it 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 pern fitted by this Security Insttumew without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. /?2& g (Seal) R KREBS -Borrower - (Seal) -Borrower - (Seal) -Borrower _-. (Seal) -Borrower (Seal) -Borrower - (Seal) -Borrower -(Seal) -Borrower (Sign Original Only) au)wi ? 4,0- ?3 r (Seal) SHON-DEL KREBS -Borrower MULTISTATE FIXED RATE NOTE - Single FamBy - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 3200 1101 VMP r VMP5N 108031.00 Wolters Kluwer Financial Services Page 3 o! 3 WITHOUT RECOURSE PAY TO THE ORDER-OF WELLS FAA&BANK. N.A. BYE`.../*'_? SAMUEL C. SkMM, SENIOR 0013 Exhibit "B" Wells Fargo Bank, N.A. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff vs. John R. Krebs Wa John Randall Krebs Shon-Del Krebs a/k/a Shondel Krebs 11 Kower Court Mechanicsburg, PA 17055-5354 Defendants Court of Common Pleas Civil Division : Cumberland County No. 2012-313-Civil PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG ss. Daniel Wingfield, being duly sworn according to law, deposes and says: I am employed in the capacity of Vice President Loan Documentation at Wells Fargo Bank, N.A. [hereinafter "Wells Fargo"], mortgage servicing agent for Plaintiff in the within matter. 2. In the regular performance of my job functions, I am familiar with business records maintained by Wells Fargo for the purpose of servicing mortgage loans, and I have personal knowledge of the operation of and the circumstances surrounding the preparation, maintenance, and retrieval of records in Wells Fargo's record keeping systems. These records (which include data compilations, electronically imaged documents, and others) are made at or near the time by, or from information provided by, persons with knowledge of the activity and transactions reflected in such records, and are kept in the course of business activity conducted regularly by Wells Fargo. It is the regular practice of Wells Fargo's mortgage servicing business to make these records. In connection with making this affidavit, I have acquired personal knowledge of the matters stated herein by personally examining these business records. 3. All proper payments made by Defendant(s) has/have been credited to Defendant's(s') account. 4. Defendant's(s') mortgage payments due 08/01/2011 and each month thereafter are due and unpaid. 5. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $227,447.24 Interest $4,409.79 07/01/2011 through 11/08/2011 Late Charges $194.34 Property Inspections $40.00 Subtotal $232,091.37 Escrow Credit $522.01 001-PA-VI Total $231,569.36 6. Mortgagor has failed to cure the default. 7. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant(s) did not take the necessary affirmative steps to avoid foreclosure. 8. Plaintiff properly accelerated its mortgage to protect its interests. Name: Daniel Wingfield Title: Vice President Loan Documentation Wells Fargo Bank, N.A. State of North Carolina County of Mecklenburg T foregoing inst ment a$ sworn t dub cribed before me this d day of 2012, by ajo 1 U ( (n Q ?t ? who is personally known to me. v-g NOTARY NOTARY PUBLIC, State of PUBLIC 2= My commission expires: File Name: John R. Krebs a/k/a John Randall Krebs and Shon-Del Krebs a/k/a Shondel Krebs, PHS 284739 001-PA-VI Exhibit "C" Oi= THE pROTHONOTARY 1?t2 30 26 NM 9' 59 CUB ENNSY VARI A ?Y P PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. JOHN R. KREBS A/K/A. JOHN RANDALL KREBS SHON-DEL KREBS, A/K/A SHONDEL KREBS 11 KOWER COURT MECHANICSBURG, PA 17055-5354 Defendants 284739 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 00 a CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE- *tMn W be a true d roomm CotTed Copy 'I the o tgtnal QeC Of MOW File #: 284739 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File 9: 284739 Plaintiff is WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JOHN R. KREBS A/K/A JOHN RANDALL KREBS SHON-DEL KREBS, A/K/A SHONDEL KREBS 11 KOWER COURT MECHANICSBURG, PA 17055-5354 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 03/24/2011 JOHN R. KREBS and SHONDEL KREBS made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Instrument No. 201110088.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 284739 The following amounts are due on the mortgage as of 11/08/2011: Principal Balance $227,447.24 Interest $4,409.79 07/01/2011' through 11/08/2011 Late Charges $194.34 Property Inspections 40.00 Subtotal $232,091.37 Escrow Credit 522.01 TOTAL $231,569.36 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $231,569.36, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property'. 1'112 1N AN & SCHMIEG, LLP By: KeDert . u g1v NZ-8-0153 File 4: 284739 Attorney for Plaintiff File H: 284739 LEGAL DESCRIPTION ALL THAT CERTAIN tract or lot of real estate situate in Upper Allen Township, Cumberland County, Pennsylvania, known as Lot No. 13 of Ashcombe Farms P.R. D., Final Phase I, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western right of way line of Kower Court, a 50 foot wide street, said point being the northeastern corner of Lot No. 14; thence along the northern line of said lot South 77 degrees 51 minutes 48 seconds West a distance of 85.97 feet to a point, said point being on the eastern line of Phase 3; thence along the eastern line of said phase North 24 degrees 30 minutes 49 seconds West a distance of 150.78 feet to a point; thence continuing along same North 21 degrees 51 minutes 42 seconds East a distance of 37.47 feet to a point, said point being the westerly corner of Lot No. 12; thence along the southern line of said lot South 51 degrees 41 minutes 16 seconds East a distance of 181.30 feet to a point being the western right of way line of Kower Court; thence along said right of way along a curve to the left having a radius of 50.00 feet and an arc length of 44.02 feet, said arc being subtended by a chord of South 13 degrees 05 minutes 16 seconds West a distance of 42.62 feet to a point, the place of BEGINNING. SAID lot is subject to half of a thirty foot wide sanitary and storm easement following the southern boundary line as being shown in greater detail on the final sit plat sheet 3 of 3 of Ashcombe Farms P.R.D., Phase I, revised August 8, 1996, as prepared by Melham Associates, P.C. UNDER AND SUBJECT to restrictions and covenants of record, including by not limited to Declaration of Covenants, Conditions and Restrictions for Ashcombe Farms, P.R.D., a Flexible Fife #: 284739 Residential Planned Community recorded in the Office of the Recorder of Deeds of Cumberland County, on April 13, 1999, in Misc. Book 573, Page 407. Parbel #42-30-2106-028 PROPERTY ADDRESS: 11 KOWER COURT, MECHANICSBURG, PA 17055-5354 PARCEL # 42-30-2106-028 File #: 284739 VERIFICATION Tracy Archuleta, hereby states that rte/she is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, thatNshe 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)hk/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. DATE: Name:Krebs File #:284739 Name: Tracy Archuleta Title: Vice President Loan Documentation 032-PA-V3 Exhibit "D" Shon-del Krebs 219 Wooley Hollow Court Mechanicsburg, PA 17055 Telephone: (717) 858-3141 Plaintiff E-mail: WELLS FARGO BANK, N.A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) V. NO. 2012-3343 JOHN R. KREBS a/k/a John Randall Krebs and CIVIL DIVISION SHOWDEL KREBS, a/k/a Shondel Krebs Defendant(s) PLAINTIFF SHON-DEL KREBS' ANSWER TO COMPLAINT 1. Admitted. 2. Admitted in part. Denied in part. Shon-del Krebs' current address is 219 Wooley Hollow Court, Mechanicsburg, PA 17055. Answering Defendant, Shon-del Krebs cannot verify current address of Defendant John R. Krebs. 3. Admitted. 4. Admitted. 5. Admitted. 6. After reasonable investigation answering Defendant is without sufficient knowledge to form a belief as to the truth of the averments contained in Paragraph 6 and therefore, denies same and demands strict proof thereof at a trial of this action. 7. After reasonable investigation answering Defendant is without sufficient knowledge to form a belief as to the truth of the averments contained in Paragraph 7 and therefore, denies same and demands strict proof thereof at a trial of this action. 8. After reasonable investigation answering Defendant is without sufficient knowledge to form a belief as to the truth of the averments contained in Paragraph 8 and therefore, denies same and demands strict proof thereof at a trial of this action. Respectfully Submitted Dated: a -1 " I Shun-del Krebs, P " intiff VERIFICATION I, Shon-del Krebs, hereby state that the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief) and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Dated: C;? -? - ? Shon-del Krebs, Plaintiff Shon-del Krebs 219 Wooley Hollow Court Mechanicsburg, PA 17055 Telephone: (717) 858-3141 Plaintiff E-mail: WELLS FARGO BANK, N.A : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) . V. -. NO. 2012-3343 JOHN R. KREBS a/k/a John Randall Krebs and : CIVIL DIVISION SHON-DEL KREBS, a/k/a Shondel Krebs Defendant(s) CERTIFICATE OF SERVICE On February 1 , 2012, 1 hereby certify that a true and correct copy was served upon the following by depositing same in the United States Mail, in Harrisburg, Pennsylvania: Robert W. Cusick, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Respectfully Submitted Dated: Shon-del Krebs, Plaintiff Exhibit "E" Wells Fargo Home Mortgage P.O. Box 9039 Temecula, Ca 92589-9039 Return Address only Do not send payments to this address 719 6 9006 9295 4952 2762 October 2, 2011 6014/708DAY30/PA SHON-DEL KREBS 11 KOWER COURT MECHANICSBURG, PA 17055-5354 Dear Borrower(s): RE: Loan Number Our records indicate that your loan is in default for failure to make payments due. Unless the payments on your loan can be brought current by November 01, 2011, it will become necessary to require immediate payment in full (also called acceleration) of your Mortgage Note and pursue the remedies provided for in your Mortgage or Deed of Trust, which include foreclosure. To correct the default you must pay the total delinquency against your account, which as of today's date is: Past Due Payments $ $5,090.16 Late Charge Balance $ $129.56 Other Fees $ $20.00 Unapplied Funds -$ $0.00 Total Delinquency as of October 2, 2011 $ $5,239.72 To avoid the possibility of acceleration, you must pay this amount on or before November 01, 2011 in CERTIFIED funds, to Wells Fargo Home Mortgage, 1200 W 7th Street, Suite L2-200, Los Angeles, CA 90017. For the loan to be current and not in default, any additional monthly payments, late charges and other charges that may be due under the note, mortgage and applicable law after the date of this notice must also be paid. If funds are not received by the above referenced date, we will proceed with acceleration. Once acceleration has occurred, we may take steps to terminate your ownership in the property by a foreclosure proceeding, which could result in Lender or another person acquiring ownership of the property. If foreclosure is initiated, you have the right to argue that you did keep your promises and agreements under the Mortgage Note and Mortgage, and to present any other defenses that you may have. You have the right to reinstate your Mortgage Note and Mortgage or Deed of Trust after acceleration, and to have enforcement of the Mortgage discontinued and to have the Mortgage Note and Mortgage remain fully effective as if acceleration had never been required. However, any future negotiations attempting to reinstate your loan or any payment of less than the full amount due shall not require Wells Fargo Bank, N.A.'s waiver of the acceleration unless otherwise agreed to, in writing, by Wells Fargo Bank, N.A. We are required by federal law to notify you of the availability of government approved home ownership counseling agencies designed to help homeowners avoid losing their home. To obtain a list of approved counseling agencies for your state please call 1-800-569-4287. We urge you to give this matter your immediate attention. 6014.'708.DAY3 0TA.0 If you would like to discuss the present condition of your loan, or if we can be of further assistance, please call one of our Loan Service Representatives at 1-800-416-1472, Monday through Friday from 8:00 a.m. to 8:00 p.m. Central Time. Sincerely, Wells Fargo Home Mortgage Default Management Department This communication is an attempt to collect a debt and any information obtained will be used for that purpose. However, if you have received a discharge of this debt in bankruptcy or are currently in a bankruptcy case, this notice is not intended as an attempt to collect a debt and, this company has a security interest in the property and will only exercise its rights as against the property. 6014.708.DAY30.PA.0 USPS.com® - Track & Confirm Page 1 of 1 Register; Sign in English Customer Service USPS Mobile r . .Isp?.e om, •+ ?r• Search USPS.rom or Track Packages Ship a Package: Send Mail Manage Your Mail Shop BLEdoess Solution, Quick Tools Track & Confirm PRINT DETAILS RVICF SE STATUS OF YOUR ITEM OATF. 6 TIME. LOCATION FEATURE, VOL'R LABEL . NUk1BE.R . . s 11:54 am 2011 November 04 TEMECULA, CA 92589 Certified Mail" 71969006929549522762 First-Class Mail Delivered , , Depart USPS Sort November 01, 2011 SAN Facility BERNARDINO. CA 92403 Processed through October 31, 2011, 9:00 Pm SAN USPS Sort Facility BERNARDINO, CA 92403 Processed through October 29, 2011, 11:13 pm SAN USPS Sort Facility BERNARDINO, CA 92403 Unclaimed October 26, 2011,11:59 am MECHANICSBURG, PA Notice Left October 08, 2011,1:54 pm MECHANICSBURG. PA 17055 Arrival at Unit October 08, 2011, 8:43 am MECHANICSBURG, PA 17055 Processed through October 08, 2011, 1:20 am HARRISBURG, PA 17107 USPS Sort Facility Electronic Shipping Info October 02, 2011 Received Check on Another Item What's your label (or receipt) number? Find LEGAL ON USPS.COM Frvacy POI cy Government S:°INces as, Terms cl Use Buy Stamr s & ShOO, FCIA , Print a Labol with Postage No FEAR Act EI_C Data CwOmer SeNce Site Index ON ABOUT.USPS.COM About USPS HOME, Newsroom Mail Service Updati;r. , Forms F Publ Gallons Careers OTHER USPS SITES Bos:resc Cusulllel Gateway Poster Inspectors Inspector General Postal Expiora: yr gP: ri; ,^. 12 U1 PS. Al; R:glvs Hasana!C https://tools.usps.com/go/TrackConfirmAction.action 5/31/2012 Exhibit "F" SERI ii CUSTOMER SERVICE INV 600/001 04/02/12 11:25:47 JOHN R KREBS 000-00-0002 OC TYPE CONV. RES. MAN F SHON-DEL KREBS 000-00-5594 IR 5.50000 BR PR 717-462-0934 11 KOWER COURT MECHANICSBURG PA 17055-5354 I 717-858-3141 < CHECK REQUESTED BY JOSEPH HEMANN >: 03/09/12 -----HIST---------------------- * LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT IRAN IRAN-DESCRIPTION SG NO IRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 04-02-12 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 85.00 0.00 0.00 0.00 85.00 3RD REC CORP ADV 03-09-12 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 5.00 0.00 0.00 0.00 5.00 3RD REC CORP ADV 03-06-12 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA 02-20-12 00-00 632 STATUTORY EXPENSES 225.00 0.00 0.00 0.00 225.00 MTGR REC CORP ADV BA 02-20-12 00-00 632 STATUTORY EXPENSES 115.00 0.00 0.00 0.00 115.00 3RD REC CORP ADV 02-20-12 00-00 632 STATUTORY EXPENSES 105.00 0.00 0.00 0.00 105.00 MTGR REC CORP ADV BA ---* PF2 FOR ADDL MESSAGES *--------------------------------------------------- -=SPOC=- LOSS MIT IND = A ACTIVE WORKOUT ACTIVE FORECLOSURE ACTIVE LOSS MITIGATION PENDING TAX DISBURSEMENT - SEE TAX9 FULL SETTLEMENT 12/22/11 EN122@kruch Apr 3, 2012 11:25:49 AM SERI ?r CUSTOMER SERVICE INV 600/001 04/02/12 11:25:47 JOHN R KREBS 000-00-0002 OC TYPE CONV. RES. MAN F SHON-DEL KREBS 000-00-5594 IR 5.50000 BR PR 717-462-0934 11 KOWER COURT MECHANICSBURG PA 17055-5354 I 717-858-3141 _ < CHECK REQUESTED BY JOSEPH HEMANN >: 03/09/12 ----HIST----------------------* LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN IRAN-DESCRIPTION SG NO TRAN-EFFECTIVE-DATE IRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 02-20-12 00-00 632 STATUTORY EXPENSES 103.75 0.00 0.00 0.00 103.75 MTGR REC CORP ADV BA 02-20-12 00-00 630 ATTORNEY ADVANCES 725.00 0.00 0.00 0.00 725.00 MTGR REC CORP ADV BA 01-31-12 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 15.00 MTGR REC CORP ADV BA 01-04-12 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 25.00 0.00 0.00 0.00 25.00 3RD REC CORP ADV 12-27-11 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 20.00 MTGR REC CORP ADV BA 12-22-11 08-11 186 233,684.53 227,447.24 6,237.29 0.00 6 ---* PF2 FOR ADDL MESSAGES *---- ------------------------------------------------ -=SPOC=- ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT PENDING TAX DISBURSEMENT - SEE TAX9 ACTIVE FORECLOSURE FULL SETTLEMENT 12/22/11 EN122@kruch Apr 3, 2012 11:25:50 AM SER1CUSTOMER SERVICE INV 600/001 04/02/12 11:25:47 JOHN R KREBS 000-00-0002 OC TYPE CONV. RES. MAN F SHON-DEL KREBS 000-00-5594 IR 5.50000 BR PR 717-462-0934 11 KOWER COURT MECHANICSBURG PA 17055-5354 I 717-858-3141 _ < CHECK REQUESTED BY JOSEPH HEbMM >: 03/09/12 ----HIST----------------------* LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION SG NO TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 227,447.24 I1-25-11 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 20.00 MTGR REC CORP ADV BA 10-17-11 08-11 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 64.78-1 LATE FEE 09-16-11 08-11 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 64.78-1 LATE FEE 08-19-11 08-11 314 SCHOOL TAX DISBURSEMENT 3,003.C5- 0.00 0.00 3,003.05- PAYEE = 370416030 522.01 08-16-11 08-11 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 64.78-1 LATE FEE ---* PF2 FOR ADDL MESSAGES *------------------------------- --_-----_-_-- -_-_ -=SPOC=- ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT PENDING TAX DISBURSEMENT - SEE TAX9 ACTIVE FORECLOSURE FULL SETTLEMENT 12/22/11 EN122@kruch Apr 3, 2012 11:25:52 AM SERI e CUSTOMER SERVICE INV 600/001 04/02/12 11:25:47 JOHN R KREBS 000-00-0002 OC TYPE CONV. RES. MAN F SHON-DEL KREBS 000-00-5594 IR 5.50000 BR PR 717-462-0934 11 KOWER COURT MECHANICSBURG PA 1"1055-5354 I 717-858-3141 _ < CHECK REQUESTED BY JOSEPH HEMAW >: 03/09/12 -----HIST----------------------- * LOAN HISTORY *--------------------------(MORE) PROC-DT DUE-DT TRAN TRAN-DESCRIPTION SG NO TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 227,447.24 11-25-11 00-00 631 PROPERTY PRESERVATION 20.00 0.00 0.00 0.00 20.00 MTGR REC CORP ADV BA 10-17-11 08-11 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 64.78-1 LATE FEE 09-16-11 08-11 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 64.78-1 LATE FEE 08-19-11 08-11 314 SCHOOL TAX DISBURSEMENT 3,003.05- 0.00 0.00 3,003.05- PAYEE = 370416030 522.01 08-16-11 08-11 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 64.78-1 LATE FEE ---* PF2 FOR ADDL MESSAGES *---_----_---_ -----------------------__-,___---- -=SPOC=- ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT PENDING TAX DISBURSEMENT - SEE TAX9 ACTIVE FORECLOSURE FULL SETTLEMENT 12/22/11 EN122@kruch Apr 3, 2012 11:25:53 AM SER1CUSTOMER SERVICE INV 600/001 04/02/12 11:25:47 JOHN R KREBS 000-00-0002 OC TYPE CONV. RES. MAN F SHON-DEL KREBS 000-00-5594 IR 5.50000 BR PR 717-462-0934 11 KOWER COURT MECHANICSBURG PA 17055-5354 I 717-858-3141 _ < CHECK REQUESTED BY JOSEPH HEMANN >: 03/09/12 ----HIST----------------------* LOAN HISTORY *---------------------------(MORE) PROC-DT DUE-DT TRAN IRAN-DESCRIPTION SG NO TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 07-05-11 07-11 171 PAYMENT 1,696.72 252.07 1,043.62 401.03 227,447.24 3,525.06 06-10-11 06-11 173 PAYMENT 1,696.72 250.92 1,044.77 401.03 227,699.31 3,124.03 05-12-11 05-11 351 HAZ INS 736.00- 0.00 0.00 736.00- PAYEE = 59001 2,723.00 05-02-11 05-11 173 PAYMENT 1,696.72 249.77 1,045.92 401.03 227,950.23 3,459.00 ---* PF2 FOR ADDL MESSAGES *--------------------------------------------------- -=SPOC=- ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT PENDING TAX DISBURSEMENT - SEE TAX9 ACTIVE FORECLOSURE FULL SETTLEMENT 12/22/11 EN122@kruch Apr 3, 2012 11:25:55 AM SERI CUSTOMER SERVICE INV 600/001 04/02/12 11:25:47 JOHN R KREBS _ 000-00-0002 OC TYPE CONY. RES. MAN F SHON-DEL KREBS 000-00-5594 IR 5.50000 BR PR 717-462-0934 11 KOWER COURT MECHANICSBURG PA 1'7055-5354 I 717-858-3141 _ < CHECK REQUESTED BY JOSEPH HEMANN >: 03/09/12 ----HIST------------------* END OF LOAN HISTORY *----------------------(MORE) PROC-DT DUE-DT TRAN IRAN-DESCRIPTION SG NO TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CD/DESCRIPTION 03-30-11 05-11 170 BEG ESC DEPOSIT 3,057.97 0.00 0.00 3,057.97 3,057.97 03-30-11 05-11 143 ADJUSTMENT 0.00 0.00 103.17 0.00 03-30-11 05-11 142 LOAN SETUP 0.00 228,200.00- 0.00 0.00 228,200.00 ---* PF2 FOR ADDL MESSAGES *-----------------------------------------__----- --- -=SPOC=- ACTIVE LOSS MITIGATION LOSS MIT IND = A ACTIVE WORKOUT PENDING TAX DISBURSEMENT - SEE TAX9 ACTIVE FORECLOSURE FULL SETTLEMENT 12/22/11 EN122@kruch Apr 3, 2012 11:25:56 AM Exhibit "G" PHELAN HALLINAN & SCHMIEG, LLP Joseph Schalk, Esquire 1617 JFK Boulevard, Suite 1400 One Perm Center Plaza Philadelphia, PA 19103 215-563-7000 Wells Fargo Banc, N.A. v3. John R. Krebs A!K/A John R sudall Krebs Shon-Del Krebs AJKIA Shondel Krebs Attorney for Plaintiff 29 c„ P. r Cumberland County Court Of Common Pleas Civil Dfvision m :0 x No. 2012-343-CIV PRAECIPE FOR IN REM JUDGMENT FOR F URS TO A MM AND ASWASNUM OF DAMAGES TO THE PROTHONOTARY: Kindly ewer judgment in favor of the Plaintiff and against JOHN R. KREW AWA De hudant for failure to file an Answer to Plaintiff's Complaint within 20 days fom, service dweof and for foreclosure and sale of the mortgaged promises, and assess Plaintiffs damages as follows: As set forth in Complaint TOTAL 5231,56936 $231,569.36 I hereby certify that (1) the Defaxdant's last known address is 11 KOWER COURT, MECHANICSBURG, PA 17055-5354, and (2) that notice has been given in accordance with Rule PaJLC.P 237.1. , . Date K i , t--- Ja Schalk, Esquire rv for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: -,r jo if Ps r U4n9 PROTHONOTARY ?40 284739 (Rule of Civil Procedure No. 236) - Revised Wells Fargo Bank, N.A. : Cumberland County vs. Court Of Common Pleas John P. Krebs A/K/A John Randall Krebs Civil Division Show-Del Krebs AiK1 Shondel : Krebs No. 2012-343-CIM e- 'Ncw Notice is given that a Judgment in the above captioned mattes has been entered against you on By: If you have any questions concerning this matter please coact: Phelan Hallinan do Scbmim LLP Joseph Schalk, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** TWSFI MLYA DEBT COLLECTOR ATT'Efi7MG TO COLLECTA DEBT AND ANYMFORMAMONOBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HAVE MMOUSLYRECEIYF.D A DLSCHARGEW BANKRUPTCY, 7M E NOT AND SHOULD NOTBE CONSTRUED TO BEANATTEWT TO COLLECTA DEBT, BUT ONLYENFOR EMNT OFA LIENAGAMT PROPERTY: ** 284739 CA /# PRAECIPE FOR LISTING CASE FOR ARGUMENT r, $a of j , , i TO THE PROTHONOTARY OF CUMBERLAND COUNTY: }' 7 ' " l? i'.3E i ANO C0UNT`r' Please list the within matter for the next Argument Court. r-" , `t'LVel WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 2971.5 Plaintiff vs. JOHN R. KREBS A/K/A JOHN RANDALL KREBS SHON-DEL KREBS A/K/A SHONDEL KREBS 11 KOWER COURT MECHANICSBURG, PA 17055-5354 Defendants 2 Court of Common Pleas Civil Division Cumberland County No. 2012-343-CIVIL State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc): Plaintiff's Motion for Summary Judgment Identify counsel who will argue case: (a) for plaintiff. Joseph P. Schalk, Esquire Phelan Hallinan & Schmieg, LLP Address: 126 Locust Street Harrisburg, PA 17101 (b) for defendant: Shon-del Krebs A/K/A Shondel Krebs Address: 11 Kower Court Mechanicsburg, PA 17055-5354 3 4 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: July 13, 2012 Date: G k k - Schalk, Esquire for Plaintiff CQnU+.* 19. 76)p d d 1 /2*a7?3ss ''y dt i`' ?7 gin" D COUNT',' PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 126 Locust Street Harrisburg, PA 17101 (215)563-7000 WELLS FARGO BANK, N.A. 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff VS. JOHN R. KREBS A/K/A JOHN RANDALL KREBS SHON-DEL KREBS A/K/A SHONDEL KREBS 11 KOWER COURT MECHANICSBURG, PA 17055-5354 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 2012-343-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, attached Exhibits and Praecipe for Argument were sent via first class mail to the persons on the date listed below: SHON-DEL KREBS A/K/A SHONDEL KREBS 11 KOWER COURT MECHANICSBURG, PA 17055-5354 Date: BY&PSc P '6 --dj6 Jos Esquire Att ntiff WELLS FARGO BANK, N.A., IN THE COURT OF COMMON PLEAS O PLAINTIFF CUMBERLAND COUNTY, PENNSYLVA IA V. JOHN R. KREBS a/k/a JOHN RANDALL KREBS; SHOWDEL KREBS a/k/a SHONDEL KREBS, DEFENDANTS 12-0343 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS. J. MASLAND, J. AND PECK. J. ORDER OF COURT AND NOW, this 13th day of July, 2012, upon request of Plaintiff's counsel that the argument on Plaintiff's Motion for Summary Judgment be continued so that Plaintiff may review documents submitted by the Defendants, argument is continued generally. Either party may relist this matter for argument. By the Court, ? Joseph P. Schalk, Esquire 126 Locust Street Harrisburg, PA 17101 For Plaintiff ? Shon-Del Krebs a/k/a Shondel Krebs 11 Kower Court Mechanicsburg, PA 17055-5354 :saa ?Op',eS ", ,lePd 7/1,311 . ele?- Albert H. Masland, J. C7 C -V3: xMI XX1 D? _:zCD G Z c- C s--- w 't7 C?J '- `P'1 W r; 5 c: 3? NOT Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "D 12 OCT 2 4 AM 10. 1 t 1 `BE"R L N ND C a tr7ey For Plaintiff 12ENI ISYLVANIA 1 WELLS FARGO BANK, N.A. Plaintiff vs JOHN R. KREBS A/K/A JOHN RANDALL KREBS SHON-DEL KREBS A/K/A SHONDEL KREBS Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 2012-343-CIVIL TO THE PROTHONOTARY: PRAECIPE ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. ? Please Vacate the Judgment entered. Date: OCT 2 3 2012 PHS # 284739 P t-7 LLIN CHMIEG, LLP BMelissa J. Cantwell, sq., d. No.308912 Attorney for Plaintiff ? / a3 a?/o3 f) LL Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WELLS FARGO BANK, N.A. Plaintiff Attorney for Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County JOHN R. KREBS No. 2012-343-CIVIL A/K/A JOHN RANDALL KREBS SHON-DEL KREBS A/K/A SHONDEL KREBS Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: JOHN R. KREBS A/K/A JOHN RANDALL KREBS SHON-DEL KREBS A/K/A SHONDEL KREBS 11 KOWER COURT MECHANICSBURG, PA 17055-5354 OCT 2 3 2012 Date: P LAN LIN & HMIEG, LLP By. Melissa J. Cantwell, 0.308912 Attorney for Plaintiff PHS # 284739