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Home My WebLink About12-2956' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, Plaintiff, CIVIL DIVISION ..gyp -.-- NO.: vs. James D. Ross; Sheila M. Ross; Defendants. TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3476 Stateview Blvd., MAC # X7801-013. Ft. Mill, SC 29715 AND THE DEFENDANT: 536 Halyard Way Enola, PA 17025-1329 CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 536 Halyard Way, Bola PA 17025-1329 Municipality: East Pennsboro y i 1r A ATT NEY -OR PLAINTIFF ATTY FILE NO.: XCP 165084 TYPE OF PLEADING CIVIL ACTION - COMPLAINT- IN MORTGAGE FORECLOSUij- ,n r..: FILED ON BEHALF OF: -- E*Trade Bank COUNSEL OF RECORD FOR THfS`4RTY! "-t ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Joel A. Ackerman, Esquire Pa I.D. #202729 Ashleigh Levy Marin, Esquire Pa I.D. #306799 Ralph M. Salvia, Esquire Pa I.D. #202946 Jaime R. Ackerman, Esquire Pa I.D. #311032 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XCP- 165084/alel r ra3. 955 AD A ? c2l`35-803 ,e,#-a 7Y 0 (0 7 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC XCP-165084 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E * Trade Bank VS. Plaintiff, James D. Ross; Sheila M. Ross; Defendant(s). CIVIL DIVISION NO.: NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-165084 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*Trade Bank vs. Plaintiff, CIVIL. DIVISION NO.: James D. Ross; Sheila M. Ross; Defendant(s). AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demands establecida en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notification de esta Demanda y Aviso respondiendo personalmente o por medio de un abogado una comparecencia esc rita y radicando en la Corte por escrito sus defensas y objeciones a las demandas establecidas en su contra. Se le advierte de que si usted falla en tomar action como se describe anteriormente, el caso puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la dernanda 0 cua Iquier otra reclamaci6n o remedio solicitado por el demandante, puede ser dictado en contra Suva por la Corte. Usted puede perder dinero o propiedades u otros derechos importantes para usted. US-FED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGAR UNO, LLAME 0 VAVA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-165084 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*Trade Bank Plaintiff, CIVIL DIVISION vs. James D. Ross; Sheila M. Ross; Defendant(s). NO.: CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes E*Trade Bank, by its attorneys, Zucker, Goldberg & Ackerman, LLC,, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is E*Trade Bank, (hereinafter "plaintiff") through its servicing agent WELLS FARGO BANK, N.A. located at 3476 Stateview Blvd., MAC # X7801-013, Ft. Mill, SC 29715. 2. Defendant, James D. Ross, is an individual whose last known address is 536 Halyard Way, Enola, PA 17025-1329. 3. Defendant, Sheila M. Ross, is an individual whose last known address is 536 Halyard Way, Enola, PA 17025-1329. 4. On or about August 3, 2006, James D. Ross and Sheila M. Ross executed a Note in favor of Federated Lending Corporation, A Pennsylvania Corporation in the original principal amount of $615,000.00. 5. On or about August 3, 2006, as security for payment of the aforesaid Note, James D. Ross and Sheila M. Ross made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as nominee for Federated Lending Corporation, A Pennsylvania Corporation a Mortgage in the original principal amount of $615,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on August 11, 2006, in Mortgage Book Volume 1962, Page 0104. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. Zucker, Goldberg & Ackerman, LLC XCP-165084 6. The Mortgage was assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Federated Lending Corporation to E*Trade Bank, pursuant to an assignment of mortgage dated March 1, 2012 and recorded on March 15, 2012 in the Office of the Recorder of Deeds for Cumberland County, Instrument #201207569. 7. The aforesaid Mortgage was amended and increased in principal amount of $646,890.22 pursuant to a certain Modification Agreement, which is unrecorded at this time. The terms of said modification set forth the initial interest rate at 2.000% with a new initial monthly payment and interest amount of $2,555.92 commencing March 1, 2011 and continuing thereon with the due date of obligation July 1, 2038. A true and correct copy of said Modification Agreement is marked Exhibit B, attached hereto and made a part hereof. 8. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest being contractually due for the December 2011 payment, and pursuant to the terms of the aforesaid Mortgage, after written notice of said default to Defendant(s), the entire principal balance and accrued interest due thereunder has been accelerated. 9. James D. Ross and Sheila M. Ross, husband and wife, as tenants by the entireties are record and real owners of the aforesaid mortgaged premises. 10. Plaintiff was not required to send Defendant(s) written notice of Plaintiff's intention to foreclose said Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that the original principal balance of the aforesaid Mortgage is more than the original principal balance threshold of the Act, and therefore: (a) said Mortgage is not a "residential mortgage" as defined in 41 P.S. §101; (b) the Defendant(s) is/are not "residential mortgage debtor(s)" as defined in 41 P.S. §101, and; (c) the mortgage premises is not "residential real property" as defined in 41 P.S. §101. Zucker, Goldberg & Ackerman, LLC XCP-165084 11. The amount due and owing Plaintiff by Defendant(s) is as follows: Principal $632,413.43 Interest through 04/13/2012 $5,685.94 Escrow Advance $2,063.58 Late Charges $383.40 Inspection Fees $45.00 BPO/Appraisals Fees $85.00 Total $640,676.35 plus interest on the principal sum ($632,413.43) at the daily per diem amount of $34.65 , and all other additional amounts authorized under the Mortgage, actually and reasonably incurred by Plaintiff, including but not limited to, late charges, costs (including escrow advances) and Plaintiff's attorneys' fees and expenses. Plaintiff reserves the right to file a motion in the above-captioned action to add such additional sums to the above amount due and owning when incurred. 12. This is an in rem action only against the aforesaid mortgaged premises. Plaintiff is not seeking a judgment of personal liability against the Defendant(s), but reserves its right to do so in a separate legal action if such right exists. If Defendant(s) have received a discharge of personal liability under the aforesaid Note in a bankruptcy proceeding, this action is in no way an attempt to re-establish such liability. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $640,676.35, with interest thereon at the daily per diem amount of $34.65 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC XCP-165084 ZUCKER, GOLDBERG & ACKERMAN, LLC BY: U Dated Scott A. ietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh Levy Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP-165084/pl 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoldberg.com THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. Zucker, Goldberg & Ackerman, LLC XCP-165084 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-165084 ,¦? ORIGIN L, This Instrument Prepared By: After Recording Rctunn To: FEDERATED LENDING CORPORATION 301 OXFORD VALLEY ROAD STE. 1101 YARDLEY, PENNSYLVANIA 19067 Lean Number: 0153792387 Uniform Parcel Identifier Number: 09-11-3005-074 Property Address: 536 HALYARD WAY ENOLA, PENNSYLVANIA 17025 t' L]?t?1 L 1? ?. 1 T ti', i1 ;?lV i ?I I 3 u f MORTGAGE MIN: DEFINITIONS Words uSCLI ill nwltiple Sectiom of this document are defined below and other words are detincd in Sections 3. 11, 13. 18, 20 and 21. Certain rules regarding (tic usage of words used in this document are also provided in Section 16. (A) "Securi1v Instrument" means this document, which is dated AUGUST 3, 2006 together with all Riders to this document. (B) "Borrower" is JAMES D. ROSS AND SHEILA M. ROSS Burrower is the mortgagor under this Security Instrument. (C) "AiERS" is Mortgage Electronic Registration Systems, Lie. MFRS is a separate corporation that is acting soicly as it nominee for Lcndt:r and Lender's successors and assigns. MERS is the mortgagee under this Security Instniment. MERS is organized and existing under the laws of Dclawarv. and has an address and telephoine number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. PENNSYLVANIA--Single Family Fannie MaeiFroddie Mac UNIFORM INSTRUMENT - MERS Form 3039 01101 Page 1 of 17 6K 1962PGO 104 Ew?,?b;k 3 ISpace Above This Line For Recording Datul DOCNIRgIC Pi%'?'L^? 860.549.1362 www.dacnia_qic.com R110:9."¢m X " (D) "Lender" is FEDERATED LENDING CORPORATION Lender is a PENNSYLVANIA CORPORATION organized and existing under the laws of PENNSYLVANIA Lender's address is 301 OXFORD VALLEY ROAD STE. 1101, YARDLEY, PENNSYLVANIA 19067 (E) "Note" means the promissory cote signed by Borrower and dated AUGUST 3, 2006 The Note states that Burrower owes Lender SIX HUNDRED FIFTEEN THOUSAND AND 00/100 Dollars (U.S. $ 615, 000 . 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full tint later that SEPTEMBER 1, 2036 (F) "Property" uaeans the property that is descrilwd below raider the heading "Transfer of Rights in the Property." (G) "Loan" ineans the debt evidenced by the Note, plus interest, any prupaymeot charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" iueans all Riders to this Security Instrutnunt that are executed by Borrower. The following Riders are to be executed by Borrower ]check box as applicable]: ® Adjustable Rate Rider (] Planned Unit Development Rider ® Balloon Rider E] Biweekly Payment Rider 1-4 Family Rider F-1 Second Hume Rider Condominium Rider ? Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordin:ulces and administrative rules and orders (that ]lave the effect of haw) as well as all applicable final, nun -appealable judicial opinions. (J) "Commtmity Association Dues, Fires, and Assessments" means all dues, tees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar orgauiztion. (K) "Electronic Funds Transfer" means any transfer of funds, other than it trattsaction originated by check, draft, or similar paper instrument, which is initiated through an uectronic terminal, telephonic instrument, computer, or magnutic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is nut limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow (tents" meatis those items that are described m Section 3. (D1) "Miscellaneous Proceeds" nleaus 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 PENNSYLVANIA--Single Family Fannie Masifreddie Mac UNIFORM INSTRUMENT - MERS Form 3039 01 i01 Page 2 of 17 .f" 800-649. 1362 DocMagle JeT4?+)R www.dacmay1c.com BKI962PGO105 destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property. (iii) conveyance ill lieu of condemnation: or (iv) misrepresentations of, or onlissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lenderagainst the nonpayp?et?t of, or default on, the Loan. (O) "Periodic Payment" means the regularly sAvduled amount due for (i) principal and interest under the Note, plus 00 any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they.might he amended front tiinu to time. or any additional or successor legislation or regulation that governs the same subject platter. 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 quality its a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: ii) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (u) tilt: performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower dues hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in the COUNTY of CUMBERLAND 11)pc of Recording Jurisdictionl [Name urRecording Jurisdiction] SEE LEGAL DESCRIMCIN ATrAOM HER= AND MADE A PART HEREOF AS EXHIBIT "An. A.P.N.: 09-11-3005-074 which currently has the address of ENOLA icily] 536 HALYARD WAY IStrcet) Pennsylvania 17025 ("Property .Address"): l%ip Ctxlcl TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also he covered by this Security Instrument. All of the foregoing is referred to in this Security instrwment as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security instrument, but, if necessary to comply with law or custom, MERS (its nominee for Lender and Lender's successor and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to tbreclose PENNSYLVANIA--Single Family 000M891c C;-,J/vm 800.049.1302 Fannie Mne!Freddie Mac UNIFORM INSTRUMENT - MESS www.docmagic.Cona Form 3039 01 i01 Page 3 of 17 ,.,w„y."..." BX 1* 9 6 2 PG 01.0 6 and sell the Property: and to uike any action required of Lender including, but not limited to, releasing and canceling this Security lustrunhent. 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. Burrower 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 tlational use and ikon-uaifirnn 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. Burruwcrshall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepaynteut charges and late charges due under the Note. Borrower shall also pay funds fur Escrow Items pursuant to Section 3. Payments due under the Note and this Security instrument shall he trade 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 fibrils, as selected by Leader: (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) Electronie Funds Transfer. Payments are deeined received by Lender when received at the location designated 111 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 it the payulent 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 lirreunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is out Obligated to apply such payments at the time such payments are accepted. It each Periodic Payment is applied as of its scheduled due dame, then Lender need not pay interest oil unapplied funds. Lender may hold such unapplied funds until Burrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Louder shall either apply such funds or return them to Burrower. If not applied earlier, such funds will be applied to the outstanding principal balance udder the Note immediately prior to foreclosure. No offset or claim which Burrower 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 otlierwise described is this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority; (a) interest due u?tder the Note; (b) principal due under the Nate: (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any renntining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and !lien to reduce the principal halitnce of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient autiouat 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 stay apply any payinent received from Burrower to the repayment of the Periodic Payments if, and to the extent that, each payment call he paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may PENNSYLVANIA--Single Family Docetaglc4 fDm.-rZ 600699.1362 Fannie Moo/Freddie Mac UNIFORM INSTRUMENT - MERS www.docmagic.com Form 3039 01101 Page 4 of 17 BK '19 6 2. PG.0 '10 7 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. Full& 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 asscssinetlts and ether Rallis which call attain priority over this SCVUrity 111s1rurnent as a lien or clle:uinbrailce oil the Property; (h) leasehold payments or ground rents oil the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance prenliutns, if any, or any sums payable by Burrower 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 Loam, 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 Itenn unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender inay 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 :unounts due for any Escrow Iterns for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payinent within such time period its Lender miry require. Borrower's obligation it) make such payments and k? provide receipts shall for all purposes he deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Burrower is Obligated to pay Escrow Iterns directly, pursuant to , waiver. and Borrower fails to pay the aunuunt due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall them he obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Rents at any bone by it notice given in accordance with Section 1.5 and, upon such revocation, Burrower shall pay to Lender till Funds, and in such amounts, that are [lien required under this Section 3. Lender may, at any time, collect and hold Fund-, in all amount (a) sufficient to permit Lender to apply the Funds at the tine specified under RESPA, and (b) out to exceed file nlaxiutwm anolunt a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Iteires or otherwise in accordance with Applicable Law. The Funds shall he held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is all 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 Burrower 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 shake such a charge. Unless an agreement is nlader in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Burrower any interest or earnings on the Funds. Borrower and Lender call agree in writing, however, that interest shall be paid uu the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is it surplus Of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the: excess funds ion accordance with RESPA. If there is it shortage of Funds held in escrow. as defined under RES PA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shorlage ill accordance with RESPA, but in no more tlian 12 monthly payments. If there is a deficiency of PENNSYLVANIA-Singto Family DocMagic 0?'ar_? . 800-649.1362 Fannie Mee/Freddie Mac UNIFORM INSTRUMENT - MERS www.docningle.com Form 3039 01 i01 Page 5 of 17 ?'aN7V.pV1D BU -9 6 2 PG 010:8 Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA. and Burrower shall pay to Lender the amount necessary to ?nakc up the deficiency in accordance with RESPA, but in no mare 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 then in the manner provided in Seclit 11 3. Burrower 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 Burrower is performing such agreement; (b) contests the lien ill good faith by, or defends against enforcement of the lien in, legal proceedings which ill Lender's opinion operate to prevent the enforcement of tlhe lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures front the holder of file lien au agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over Ibis Security Instrument. Lender may give Borrower a notice identifying the live. 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 it real estate tax verification and/or reporting service used by Lender in connection with this Luau. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the teen "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences call change during the teen of the Loan. The insurance carrier providing the insurance shall he 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 (h) a one-time charge for flood zone determination and certification services and subsequent charges each tinge 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 inaimtain any of the coverages described above, Lender may obtain insurance Coverage, at Leader's option and Borrower's expense. Lender is under no obligation it) purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Burrower, Borrower's equity in the Property, or the contents of the Property, against any risk, 1ha7ard or liability and might provide greater or lesser coverage than was previously in effect. Burrower acknowledges that the cost of the insurance coverage so obtained Inight Significantly exceed the cost of insurai ice Iflat Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts Shall hear 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 it standard mortgage clause, and shall name Lender as mortgagee and/or as an PENNSYLVANIA--Single Family DccMaglc?;?7!?F?! eoo•as9•r162 Fannie Mme/Freddie Mac UNIFORM INSTRUMENT - MERS www.docmegic.com Form 3039 01101 Page 6 of 17 v?whv„?sK 19 6 2 PG o 1,09 additional loss payee. Lender shall have the right to held the policies and renewal certificates. If Lender requires, Borrower shall promptly give nit Lender all receipts of paid premiums and renewal notices. If Borrower obtains any forln of insurance coverage, not otherwise required by Lander, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall flame Lender as nwrtgagee and/or as an additional loss payee. lu the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender play make proof of loss if not nliade promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance wits required by Lender, shall he 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 all 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 unity disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Uttess au agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not he required to pay Borrower illy interest or earnings of such proceeds. Fees for public adjusters, or other third parties, retained by Burrower shall not he paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall he 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 he 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 natters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise. Borrower hereby assign, 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 (h) any other of Borrower's rights (other than the right to any refutnl of uneamcd premiums paid by Burrower) under till insurance policies covering the Property, itlcofar 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 aniounts unpaid under the Nate or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security hlstrumem and shill continue to occupy the Property as Borrower's principal residence for tit least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not he unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or cotnttii waste on the Property. Whether or not Burrower is residing in the Property, Borrower shall Maintain the Property in order to prevent the Property front deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair tie Property of daulaged to avoid further deterioration or damage. If insurance or cundemnlittion 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 arc not sufficient PENNSYLVANIA--Single Family DocMagic ORM7mIV 80"49.1352 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.docmagic.com Form 3039 01 /01 Page 7 of 17 r.au,o_"„"' BK. !- 9 6 2.PG 0.1_ 1 0 to repair or restore the Property, Burrower is out 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 hat 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 all interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Burrower or any persons ur entities acting at the direction of Burrower or with Borrower's ktwwledge or etata<sent gave materially false, misleading, or inaccurate information or statements to Lender (or tailed to provide Lender with material information) in connection with the Loan. Material representations include, but arc not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Burrower fails to perforut the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly aflect Lender's interest in the Property andlur rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condenuxition 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 tine Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest ill the Property and rights under this Security Instrument, including protecting andlur assessing the value of the Property, and securing and/or repairing the Property. Lender's actions rte include, but are not limaited 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 haukrup(cy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up dcx)rs 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 du 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 hecome additional debt of Burrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall he payable, with such interest, upon notice from Lender to Burrower 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 fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. I f Lender required Mortgage Insurance as a condition of making the Loan, Burrower shall pray the premiums required to maintain the Mortgage insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Louder ceases to he available front the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurancu, Borrower shall pay the premiums required to obtain coverage substantially equivalent to tine Mortgage insurance previously in effect, ut a cast Substantially equivalent to the cost it) 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, Burrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased w he in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. SUCK loss reserve shall be tlon-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not he required to pay Borrower any interest or earnings on such loss reserve. Lender can n0- longer require loss reserve payments if Mortgage Insurance PENNSYLVANIA--Singlo Family Doc11016glc.1 800-649.1362 Fnnnie Maae!Fteddie Mac UNIFORM INSTRUMENT • MERS www.doemegfe.com Form 3039 01101 Page 8 of 17 F3,,,..,,w„ BX.`.I :9 6'2 PG 0 .I .I. I coverage (ill the amount and for the period that Lender requires) provided by an insurer selected by Lender again heconnes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as it condition of making the Loan and Burrower was required to make separately designated Paym?entS toward the Premiuuns for Mortgage Insurance, Borrower shall pay the premiums required to n-etintain Mortgage Insurance in effect, or to provide a nun-refundahle lass reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until wrnlnination 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 dues not repay the Loan as agreed. Borrower is not a party to the Mortgage Imurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to tinge, and may enter into agreements with other parties that share or modify their risk, ur reduce losses. These agreements are an teens and conditions that are satisfactory to the mortgage insurer and the other Party (ar parties) to these agreements. These agreements racy. require the mortgage insurer to make payments using ally source of funds that the mortgage insurer niay have available (which may include funds obtained front Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other utility, or any affiliate of any of the foregoing, play 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 arrangelrlenit is ottell termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall he paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be appl ied 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 he 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 he paid oil such Miscellaneous Proceeds, Lender shall not he required to pay Burrower any interest or earnings tin such Miscellaneous Proceeds. If tine restoration or repair is not economically feasible or Lender's security would he lessened, the Miscellaneous Proceeds shall be applied to the suns secured by this Security Instrument, whether or not then clue, with tine excess, if any, paid to Borrower. Such Miscvllancuus Proceeds shall he applied in the order provided for in Section 2. PENNSYLVANIA-Single Family DocMagic Ci--Ja1RM 800-649.1362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MFRS www.docmagic.com Form 3039 01101 Page 9 of 17 BK1.962PGO112 Lt 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 thcu due, with the excess, if any, paid to Borrower. In the event of at partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destructnm, or loss in vaIUC is Cquod 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 Hollowing fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the f:1ir market value of the Property inuuediately before the partial taking, destruction, or loss in value. Any balance sllall be paid to Borrower. In the event of x 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 lass in value is less than the amount of ale sums secured immediately before the partial taking, destruction, or lass 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 has defined ill the next sentence) offers to make an award to settle a clailn for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument, whether or out then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has it right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's 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 it default and, if acceleratt011 has occurred. reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, ill Lender's judgment, precludes forfeiture of the Property or other material impairlneut of Lender's interest in the Property or rights under this Security Instrument. The pruceeds 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 Leader, All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Securiy 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 connneuce proceedings against any Successor in Interest of Borrower or to refuse to extend lime 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, Leader's acceptance of payments front third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not he a waiver of or preclude the exercise of any right ur remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower cove uatits and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-sigrivr"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property UIWCr the terms of this Security Instrument; (b) is not PENNSYLVANIA-Single Family DocMegica9;ifiruV4 80o-e49•1362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT • MERS www.docmagic.com Form 3039 01101 Page 10 of 17 Vu.1114.11vm SK-1' 9 6 2 PG 0 f I. 3 persoiially 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 tennis of this Security Instrument or the Note without the at-sigrcr'S consent. Subject to the provisions of SeC0011 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 hind (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 cotutection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security lnstruntent, including, but not limited to, attorneys' fees, property inspection and valuation fees. 11] regard to any Other fees, the absence of express authority in this Security Instrument to charge it specific fee to Borrower shall not he construed as a proliihition on the charging of such fee. Lender may not charge fees that arc expressly prohihiled by this Security Instrument or by Applicable Law, If the Loan is subject to it law which sets maximum loan charges, and that law is finally interpreted so that the interest or ether loan charges collected or to be collected in connection with the Loan exceed the permnitted litnits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (h) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may chmse to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance Of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower [night have arising out of such overcharge. 15. Notices. All notices given by Borrower or Leader in connection with this Security Instrument must he in writing. Any notice to Borrower in connection with this Security Instrument shall he deemed to have been given to Burrower when trailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Burrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated it substitute notice address by notice to Lender. Burrower shall promptly notify Lender of Borrower's change of address. If Louder 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 he only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall he given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Louder has designated another address by notice w Borrower. Any notice in oonmetion 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. 16. Governing Law; Severability; Rides of Construction. This Security Instrument shall he governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as it 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 out affect other provisions of this Security Instrument or the Note which can he given effect without the conflicting provision. PENNSYLVANIA--Single Family ooeMagicCFZ&%%0 800.649-1362 F0F1(1i8 Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.doemayi4c.com Form 3039 01/01 Pale 11 of 17 8K.'.1°.9 6 2 PG 0 1 t 4 As used in this Security Instrument: (a) words of the inasc:uline gender shall mean and include correspamding neuter words or words of the feminine gender; (h) words in the singular shall mean and includo the plural and vice versa: and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18. "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interest. transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, tilt intent of which is the transfer of title by Burrower 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 Burrower is not a natural person and a beneficial interest in Burrower is sold or transferred) without Lender's prior written consent, Lender tray require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not he exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Burrower nhust pay all sums secured by this Security Instrument. If Burrower faits to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Burrower 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 spacity for the termination of Borrower's right to reinstate; or (c) entry of it judgment CnfOrcing this Security Instrument. Those conditions are that Burrower: (a) pays Lender all Swm. which then would be due under this Security Instrument and the Nate as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to. reasonable attorneys' fees, property inspection and valuation fees, and otter 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 sunhs secured by this Security Instrument, Shall continue unchanged. Lender may require that Burrower pay such reinstatement suits and expenses in one or inure 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 aft institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Burrower. 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 it partial interest in the Note (together with this Security Instrument) can be sold one or more tithes without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of thv Loan Servicer, Burrower will he given written notice of the change which will state the nanic 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 tht Note is sold and thereafter the Loan is .orviced by it Loam Servicer other than the purchaser of tine Note. the mortgage loan servicing obligations PENNSYLVANIA--Singlo Family DocMegle80o-F45.130: Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.docmagic.coin Form 3039 01 i01 Page 12 of 17 N3039 11ML1 BK I: -9 6 2 PG-0 1 .15 to Burrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assurned by the Note purchaser unless otherwise provided by the Nutt purchaser. Neither Burrower nor LeiWer stay commence, join, or be joined to any judicial action (as either an individual litigant or the utember 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 Borroweror Lender has notified the other party (with such notice given in compliance with the reyuiretnents 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 he taken, that tithe period will be deemed to he reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Burrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 13 shall be defined to satisty the notice and opportunity to take conective action provision of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous Substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive material.: (h) "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 all Environmental Cleanup. Burrower 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 Environnental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall out apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to he appropriate to nornal residential uses and tU inaintenatlce of the Property (including, hilt not litnited to, hazardous substances in consumer products). Burrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by oily 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 En vironnlental Condition, including but not liu?ited 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 goveru?nental or regulatory authority, or any private party, that any removal or other rentediation of any Hazardous Suhstance affecting the Property is necessary, Borrower shall promptly take all necessary rcinctltal 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. Acceleralion; 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 un(ler Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the defaidt; (b) the action re(luired to cure the default; (c) when the default must be cured; and (d) that PENNSYLVANIA--Single Family Doemeglc ll'Pac-.,xio 800-649-1362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.docmagic.com Form 3039 01 /01 Page 13 of 17 F",o;,, ,, BK- I `9 6 2 PG 0.116 .Ln failure to ctre the default as specified may result in acceleration of the sums sectired by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the [ton-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not ctired 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. Upott payinent of all sums secured by this Security Instrument, this Security histrunient and the estate conveyed shall terminate and he.-come void. After such occurrence. Lender shall dixharge and Sdtisfy this Security Instrument. Burrower shall pay any recordation casts. Lender may charge Borrower a fee for releasing this Security lttstrument, 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 tiny error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extunsion of [lute, exemption from attaclunent, levy and sale, and houtestead exautption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the connnenceineut of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Atoney Mortgage. If any of the debt secured by this Security Instrument is lent to Burrower to acquire title to the Property, this Security instrument shall he it purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that fife interest rate payable after it judgment is entered on the Note or in all action of mortgage foreclosure shall he the rate payable fruit tittle to tinie under the Note. PENNSYLVANIA--Single Family DocM&gtc G'i^11? !ilr 800.649-x362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www,docmagic.com Form 3039 0 t!01 Page 14 of 17 I?hi111 J.II12111 8K:-116 2 PG 0 1.17 BY SIGNING BELOW, Borrower accepts and agrees to the terms and xvenants contained in this Security Instrument and in any Rider executed by Burrower and recorded with it. *ES CD . ROSS -Burrower _ (Seal) -Burrower _ (Seal) -Burrower __ (SCal) -Borrower ,- (Seal) -Borrower Witness: Witness: s PENNSYLVANIA--Single Family Fannio Mae' !Freddie Mao UNIFORM INSTRUMENT - MERS Form 3039 01101 Puc3e 15 of 17 BK-° 19 6 2.PG 01:18 ?R .- (Seal) SHEILA M. ROSS -Borrower DOCJNegic P.a,CZat/Ar= 800.649.1362 www.dacmagic.com f3J0,5.u- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN ) Oil this the 3`a day of /4"jr- ?,)06 before me, /O 1 the undersigned officer, personally appeared JAMES D. ROSS, SHEILA M. ROSS known to nle (or satisfactorily proven) to be the person(s) whose name(s) ishire subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein co?]tained. l11 Wit11eSS Whereof, I Ilereullttl NO my hand and official seals. Signature Title of Officer (Notary's Stamp and Embosser) My commission expires: ?21TIM001904114nia NOTARIAL SEAL. MARC S. SMITH. NOTARY PUBLIC CRY OF HARRISBURG, COUNTY OF DAUPHIN MY COMMISSION EXPIRES MAY 26, 2010 PENNSYLVANIA--Singple FomilY DocMeglcC':de^.r=V 800-649- r362 Fannie Mae/Freddie Moc UNIFORM INSTRUMENT - MERS www.docmagic.com Form 3039 01 /01 Page 16 of 1 BK': t * 9 6.2PG 0.1 19 11a:1039.nVju ee Certificate of Residence of Morten The undersigned hereby certifies that: (i) he/sllc is the Mortgagee or the July authorized attorney or agent of the Mortgagee named in the within instrument: and (ii) Mortgagee's precise residence is: 301 OXFORD VALLEY ROAD STE. 1101, YARDLEY, PENNSYLVANIA 19067 witness my hand this ? day of &f / 'G sigi tC of Mortgagee nr Mortgagcc-s Duly Authorized Atlonxy or Agcni ?'14/C f ? ?r ?/rj _ Tytx or Nint Name of Mortgagox or k1orlgagw's Duly Aurtux'ved Attnnny or Ageni PENNSYLVANIA--Single Family DocMaglc 0711nr."51 800-649-r3e2 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MFRS www,dacmagic.com Form 3039 01101 Page 17 of 17 Bkj9.62FIG a.120 Ya?09.uum ORIGINAL Loan Number: FIXED/ADJUSTABLE RATE RIDER (LIBOR One-Year Index (As Published In The Wall Street Journal) - Rate Caps) THIS FIXED/ADJUSTABLE RATE RIDER is made this 3rd day of AUGUST 2006 , and is incorporated into and shall he deemed to annelid and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Imtruinent") of the saute date given by the undersigned ("Burrower") to secure Borrower's Fixed/Adjustable Rate Note (the "Note") to FEDERATED LENDING CORPORATION, A PENNSYLVANIA CORPORATION ("Lender") of the same date and covering the property described in the Security Instrument and located at: 536 HALYARD WAY, ENOLA, PENNSYLVANIA 17025 IProperty Address] THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORRO%VER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Burrower and Lender further covenant and agree as follows: A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for inn initial lixcd interest rate o 6. 7 5 0 %. The Note also provides for it change in the initial fixed rate to an adjustable interest rate, its follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate 1 will pay will change to an adjustable interest rate oil the 1St day of SEPTEMBER, 2011 , aw the adjustable interest rate I will pay may change on that day every 12tH nionth thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change Date.' (B) The Index Beginning with the first Change Date. lily adjustable interest rate will he based on an Index. The "index" is the average of interbank offered rates for one-year U.S. dollar-denorninated deposits in the London market ("LIBOR"). as published in 77te Wall Street Journal. The must recent Index figure available as of the date 45 days bcfore each Change Date is called the "Current Index." If the Index is no longer available, the Note Holder will choose it new index that i• based upon comparable information. The Note Holder will give ine notice of this choice. MULTISTATE FIXED iADJUSTABILE RATE RIDER-WSJ One-Year LIBOR OoCMagh:Br«r'.e: 800-6494362 Single Family-Fannie Mae MODIFIED INSTRUMENT www,docmag;c.com Form 3187 6i01 Pago 1 of 4 OK-19 62 -PG 0121 I;a71 N7.6d (C) Calculation of Changes Before each Change Date, the Nate Holder will calculate my new interest rate by adding TWO AND 250/1000 percentage points ( 2.250 %) to the Current Index. The Note Holder will (lieu round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the Iiinits Stated in Section 4(D) below, this rounded amount will he my new interest rate until the (text Change Date. : The Note Holder will then determine the amount of the inonthly payment that would be sufficient to repay the unpaid principal that I ant expected to owe at the Change Date ill full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rite I am required to pay at the first Change Date will not be greater than 11 . 750 % or less than 2 . 250 %. Thereafter, my adjustable interest rate will never be increased or decreased oil any single Change Date by more than TWO AND 0 0 0 / 100 0 percentage points from the rate of interest i have been paying for the preceding 12 months. My interest rate will never be greater than 11.750%. My interest rate will never he less than 2.250 %. (E) Effective Date of Changes My new interest rate will beauuc effective on each Change Date. I will pay the amount of my new numtlily payment beginning on tits first monthly payment date after the Change Date until the aniount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or [nail to me a notice of ally changes in Illy initial fixed interest rate to an adjustable interest rate and of any changes in Illy adjustable interest rate before the effective date of any change. The notice will include the amount of my Inonthly payment, ally information required by law to he given to me and also the title and telephone number of a person who will answer any question l may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means airy legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or tiny 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 Burrower 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 nut he exercised by Lender if such exercise is prohibited by Applicable Law. MULTISTATE FIXED/ADJUSTABLE RATE RIDER-WSJ One-Year LIBOR DocMaglcC-'L-lr74 800-649-1362 Single Family-Fannie Mae MODIFIED INSTRUMENT www.docmagic.com Form 3187 6/01 Page 2 of 4 9K.]962FIG 01.22 1la31 %7. rid If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given ill accordance with Section IS within which Burrower must pay all sutras secured by this Security hnsminmit. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or detoand ion Borrower. 2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms statud iu Section A above, Unifiorm Covullant 18 of the Security Instruimm described in Section B I above Shall then cease to he in ef*lect, and the PrmVisions of Uniti?rm C1)Yel?annt 18 of the Security Instrument shall be amended to read as follows: Transfer of the Property or a Beneficial interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a hond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at u future date to a purchaser. If all or any part of the Property or any Interest in thu Property is sold or transferred (or if Burrower 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 paytnunt ill full of all sutras secured by this Security Instrument. Howevur, this option shall out be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall out exercise this uption if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to Ilse transferee: and (b) Lender reasonably determines that Lender's security will not he impaired by the loan assumption and that the risk of a breach of any covenant or agreement ill this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge it reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements trade in the Note and in this Security Instrument. Borrower will continue to he obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender Shall give Borrower notice ofacceleration. 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 Burrower must pay all sunk secured by this Security Instrument. If Burrower fails to pay these sutras prior to the expiration of this perioxl. Lender may invoke any remedies permitted by this Security lnstrtmlent without further notice or demand on Borrower. MULTISTATE FIXED/ADJUSTABLE RATE RIDER-WSJ One-Year LIBOR Doclbtaglc@%',:+''?i:. 600.CF49.1362 Single Family-Fannie Mae MODIFIED INSTRUMENT www.docinagic.com Form 3187 6/01 Page 3 of 4 OK1.962PG0123 1 :v 1r.rid U531> ,Aj BY SIGNING BELOW. Borrower accepts and agfucs to the terms and covemints contained in 1I11S Fixed/Adjustable Rate Rider. ES D. ROSS -Burrower _ (Seal) -Burrower - (Seal) -Borrower R!?5 ?_ (seal) SHEILA M. ROSS -Borrower MULTISTATE FIXED/ADJUSTABLE RATE RIDER-WSJ One-Year LIBOR Single FninOy-Fannie Mae MODIFIED INSTRUMENT Farm 3187 6/01 Page 4 of 4 811.1"96.2f PG01-.2'4 -(Seal) -Borrower - (Seal) -Borrower D0cMepkG.rrtr1L'ZA e0o•649•1362 www.docj?rogi'c.com ALL THAT certain piece, parcel or lot of lands situate in East Pennsboro Township, Cumberland County, Pennsylvania, designated as Unit No. 4 on the Preliminary/Final Subdivision Plan by Rettew Associates, for River Bend, A Planned Community dated November 15, 1996, last amended January 7, 1999 and recorded in the Office of the Recorder of Deeds in and for Cumberland County on February 24, 1999, in Plan Book 78, Page 75, and being designated as Unit No. 4 in a Declaration of River Bend, A Planned Community, dated October 9, 1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Miscellaneous Book 591, Page 477, being further bounded and described as follows, to wit: BEGINNING at a point on the Westerly right-of-way line of Halyard (a 40 foot wide public street) at a corner of Lot Number 3; thence along said Lot the following three (3) courses and distances: 1. North 45 degrees 04 minutes 12 seconds West a distance of 30.00 feet to a point; 2. South 84 degrees 03 minutes 28 seconds West a distance of 206.45 feet to a point; 3. North 29 degrees 54 minutes 22 seconds West a distance of 153.29 feet to a point on line of lands now or formerly of John A. Wright and Bonita M. Wright; thence by said lands North 60 degrees 05 minutes 38 seconds East a distance of 163.27 feet to a stone (found) at a corner of Lot Number 8; thence along said Lot North 84 degrees 03 minutes 28 seconds East a distance of 34.29 feet to a point at a corner of Lot Number 5; thence by said Lot the following three (3) courses and distances: 1, South 24 degrees 02 minutes 58 seconds East a distance of 154.02 feet to a point; 2. North 84 degrees 03 minutes 28 seconds East a distance of 144.92 feet to a point; 3. South 30 degrees 45 minutes 52 seconds East a distance of 30,00 feet to a point on the Westerly right-of-way line of Halyard; thence along said right-of-way the following two (2) courses and distances: 1. South 59 degrees 14 minutes 08 seconds West a distance of 48.68 feet to a point; 2. By a line curving to the left and having a radius of 270.00 feet, an arc length of 67.41 feet and a chord bearing of South 52 degrees 04 minutes 58 seconds West a distance of 67.24 feet to a point, the place of Beginning. CONTAINING 43,658 square feet or 1.00 acre. BEING Parcel No. 09-11-3005-074. 09-11-3005-074 Being the same premises which River Bend management Limited Partnership, a Pennsylvania limited partnership, by Deed dated March 2, 2000 and recorded March 14, 2000 in Cumberland County in Record Book 217, Page 593 conveyed unto James D. Ross and Sheila M. Ross, husband and wife, as tenants by the entireties, in fee. I Certify this to be recorded In Cumberland Couiliy PA :x" Recorder of Deeds all 00-962 PC 0 j25 EXHIBIT B Zucker, Goldberg & Ackerman, LLC XCP-165084 HOME AFFORDABLE MODIFICATION AGREEMENT (Step Two of Two-Step Documentation Process) Borrower ("I"):' JAMES D ROSS And SHEILA M ROSS Lender or Servicer ("Lender'): Wells Fargo Bank, N.A. Date of first lien mortgage, deed of trust, or security deed ("Mortgage") and Note ("Note"): 0810312006 Loan Nurnber.?- Property Address [and Legal Description if recordation is necessary] ("Property"): 536 HALYARD WAY ENOLA, PA 17025 "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for lender and lender's succesors and assigns. MERS is the mortgagee under the Mortgage. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, (688) 679-MERS. If my representations in Section 4 continue to be true in all material respects, then this }come Affordable Modification Agreement ("Agreement") will, as set forth in Section 3, amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are referred to as the "Loan Documents." Capitalized terms used in this Agreement and not defined have the meaning given to them in Loan Documents. I understand that after I sign and return two copies of this Agreement to the Lender, the Lender will send me a signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied, My Representations. I certify, represent to Lender and agree: A, I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents, and (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. I live in the Property as my principal residence, and the Property has not been condemned; C. There has been no change in the ownership of the Property since I signed the Loan Documents; D. I have provided documentation for all income that I receive (and I understand that I am not required to disclose child support or alimony unless I chose to rely on such income when requesting to qualify for the Home Affordable Modification program ("Program")); E. Under penalty of perjury, all documents and information I have provided to Lender in connection with this Agreement, including the documents and information regarding my eligibility for the Program, are true and correct; 7. If Lender requires me to obtain credit counseling in connection with the Program, I will do so; and i If there is mare than one Borrower or Mortgagor executing this document, each Is referred to 25 %" For purposes of this document words signifying the singular (such as "I") shall include the plural (such as 'we") and vice versa where appropriate. MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - single Family - Fannie MaefFreddle Mac UNIFORM INSTRUMENT Form 3157 3109 (paga 1 of ;3 pages) G I have made or will make all payments required under a Trial Period Plan or Loan Workout Plan. Acknowledgements and Preconditions to Modification. I understand and acknowledge that: A If prior to the Modification Effective Date as set forth in Section 3 the Lender determines that my representations in Section 1 are no longer true and correct, the Loan Documents will not be modified and this Agreement will terminate. In this event, the Lender will have all of the rights and remedies provided by the Loan Documents, and B. I understand that the Loan Documents will not be modified unless and until (i) I receive from the Lender a copy of this Agreement signed by the Lender, and (ii) the Modification Effective Date (as defined in Section 3) has occurred. I further understand and agree that the Lender will not be obligated or bound to make any modification of the Loan Documents if I fail to meet any one of the requirements under this Agreement The Modification. If my representations in Section 1 continue to be true in all material respects and all preconditions to the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on 0310112011 (the "Modification Effective Date") and all unpaid late charges that remain unpaid will be waived. I understand that if I have failed to make any payments as a precondition to this modification under a workout plan or trial period plan, this modification will not take effect. The first modified payment will be due on 0310112011. A. The new Maturity Date will be:0710112038. B. The modified principal balance of my Note will include all amounts and arrearages that will be past due as of the Modification Effective Date (including unpaid and deferred interest, fees, escrow advances and other costs, but excluding unpaid late charges, collectively, 'Unpaid Amounts") less any amounts paid to the Lender but not previously credited to my Loan. The new principal balance of my Note will be $646,890.22 (the "New Principal Balance"). I understand that by agreeing to add the Unpaid Amounts to the outstanding principal balance, the added Unpaid Amounts accrue interest based on the interest rate in effect under this Agreement. I also understand that this means interest will now accrue on the unpaid Interest that is added to the outstanding principal balance, which would not happen without this Agreement. C Interest at the rate of 2.000% will begin to accrue on the New Principal Balance as of 02101/2011 and the first new monthly payment on the New Principal Balance will be due on 0310112011. My payment schedule for the Modified Loan is as follows: Years Interest Interest Monthly Monthly Total Payment Number of Rate Rate Principal Escrow Monthly i Begins On Monthly Change and interest Payment Payment Payments Date Payment Amount 1-5 2.000 02,10112011 1 $2,555.92 11045.20 3,601.12 03!01/2011 6i) adjusts adjusts annually annually { after 1 year after I year 6 03,0000 02/0112016 $2,830.07 Adjusts Adjusts 03/01/2016 12 Annual! Annually 7 04.0000 02/01/2017 $3,108.98 Adjusts Adjusts 03/01/2017 12 Annual! Annual! _ 8-27 04.7500 02/01/2018 $3,319.13 Adjusts Adjusts 03/01/2018 145 Annual! Annually MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3157 3109 (page 2 of 6 pages) "The escrow payments may be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. The above terms in this Section 3.C. shall supersede any provisions to the contrary ill the Loan Documents, including but not limited to, provisions for an adjustable or step interest rate. I understand that, if I have a pay option adjustable rate mortgage loan, upon modification, the minimum monthly payment option, the interest-only or any other payment options will no longer be offered and that the monthly payments described in the above payment schedule for my modified loan will be the minimum payment that will be due each month for the remaining term of the loan. My modified loan will not have a negative amortization feature that would allow me to pay less than the interest due resulting in any unpaid interest to be added to the outstanding principal balance. D. I will be in default if I do not comply with the terms of the Loan Documents, as modified by this Agreement. E. If a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3-C- 4 Additional Agreements. I agree to the following: A That all persons who signed the Loan Documents or their authorized representative(s) have signed this Agreement, unless (i) a borrower or co-borrower is deceased; (ii) the borrower and co-borrower are divorced and the property has been transferred to one spouse in the divorce decree, the spouse who no longer has an interest in the property need not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents); or (iii) the Lender has waived this requirement in writing 8 That this Agreement shall supersede the terms of any modification, forbearance, Trial Period Plan or Workout Plan that I previously entered into with Lender. C. To comply, except to the extent that they are modified by this Agreement, with all covenants, agreements, and requirements of Loan Documents including my agreement to make all payments of taxes, insurance premiums, assessments, Escrow Items, impounds, and all other payments, the amount of which may change periodically over the term of my Loan. D Funds for Escrow Items. I will pay to Lender on the day payments are due under the Loan Documents as amended by this Agreement, until the Loan 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 the Mortgage 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 the Loan Documents; (d) mortgage insurance premiums, if any, or any sums payable to Lender in lieu of the payment of mortgage insurance premiums in accordance with the Loan Documents; and (e) any community association dues, fees, and assessments that Lender requires to be escrowed. These items are called "Escrow Items." I shall promptly furnish to Lender all notices of amounts to be paid under this Section 4.D. I shall pay Lender the Funds for Escrow Items unless Lender waives my obligation to pay the Funds for any or all Escrow Items. Lender may waive my 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, I 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 MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3157 3109 (page 3 of 6 pages) Lender may require. My obligation to make such payments and to provide receipts shall for all purposes be'deemed to be a covenant and agreement contained in the Loan Documents, as the phrase "covenant and agreement" is used in the Loan Documents. If I am obligated to pay Escrow Items directly, pursuant to a waiver, and I fail to pay the amount due for an Escrow Item, Lender may exercise its rights under the Loan Documents and this Agreement and pay such amount and I shall then be obligated 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 the Loan Documents, and, upon such revocation, I shall pay to Lender all Funds, and in such amounts, that are then required under this Section 4.D. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under the Real Estate Settlement Procedures Act ("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 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 me for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays me 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 me any interest or earnings on the Funds. Lender and I can agree in writing, however, that interest shall be paid on the Funds. Lender shall provide me, 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 me 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 me as required by RESPA, and I 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 me as required by RESPA, and I 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 Burns secured by the Loan Documents, Lender shall promptly refund to me any Funds held by Lender. E. That the Loan Documents are composed of duly valid, binding agreements, enforceable in accordance with their terms and are hereby reaffirmed. F That all terms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect; nothing in this Agreement shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan Documents; and that except as otherwise specifically provided in, and as expressly modified by, this Agreement, the Lender and I will be bound by, and will comply with, all of the terms and conditions of the Loan Documents. G. That, as of the Modification Effective Date, notwithstanding any other provision of the Loan Documents, I agree as follows: If all or any part of the Property or any interest in it is sold or transferred without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by the Mortgage. However, Lender shall not exercise this option if federal law prohibits the exercise of such option as of the date of such sale or transfer If Lender exercises this option, Lender shall give me notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3157 3109 (page 4 of 6 pages) delivered or mailed within which I must pay all sums secured by the Mortgage. If I fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Mortgage without further notice or demand on me. H. That, as of the Modification Effective Date, I understand that the Lender will only allow the transfer and assumption of the Loan, including this Agreement, to a transferee of my property as permitted under the Garn St. Germain Act, 12 U.S.C. Section 1701j-3 A buyer or transferee of the Property will not be permitted, under any other circumstance, to assume the Loan. Except as noted herein, this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property. 1. That, as of the Modification Effective Date, if any provision in the Note or in any addendum or amendment to the Note allowed for the assessment of a penalty for full or partial prepayment of the Note, such provision is null and void. J. That, I will cooperate fully with Lender in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement(s) that are necessary or required by the Lender's procedures to ensure that the modified mortgage loan is in first lien position and/or is fully enforceable upon modification and that if, under any circumstance and not withstanding anything else to the contrary in this Agreement, the Lender does not receive such title endorsement(s), title insurance product(s) and/or subordination agreement(s), then the terms of this Agreement will not become effective on the Modification Effective Date and the Agreement will be null and void. K. That I will execute such other documents as may be reasonably necessary to either (i) consummate the terms and conditions of this Agreement; or (ii) correct the terms and conditions of this Plan if an error is detected after execution of this Agreement. I understand that a corrected Agreement will be provided to me and this Agreement will be void and of no legal effect upon notice of such error. If I elect not to sign any such corrected Agreement, the terms of the original Loan Documents shall continue in full force and effect, such terms will not be modified by this Agreement, and I will not be eligible for a modification under the Home Affordable Modification program. L Mortgage Electronic Registration Systems, Inc. ("MERS") is a separate corporation organized and existing under the laws of Delaware and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, (888) 679-MERS. In cases where the loan has been registered with MERS who has only legal title to the interests granted by the borrower in the mortgage and who is acting solely as nominee for Lender and Lender's successors and assigns, MERS has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling the mortgage loan. M. That Lender will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity. In addition, I understand and consent to the disclosure Of my personal information and the terms of the Trial Period Plan and this Modification Agreement by Lender to (a) the U.S. Department of the Treasury, (b) Fannie Mae and Freddie Mac in connection with their responsibilities under the Home Affordability and Stability Plan; (c) any investor, insurer, guarantor or servicer that owns, insures, guarantees or services my first lien or subordinate lien (if applicable) mortgage loan(s); (d) companies that perform support services for the Home Affordable Modification Program and the Second Lien Modification Program, and (e) any HUD certified housing counselor. N. I agree that if any document related to the Loan Documents and/or this Agreement is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the loan as modified, or is otherwise missing, I will comply with the Lender's request to execute, acknowledge, initial and deliver to the Lender any documentation the Lender deems necessary. If the original promissory note is replaced, the Lender hereby indemnifies me against any loss associated with a demand on the original note. All documents the Lender requests of me under this Section 4.N. shall be referred to as "Documents." I agree to deliver MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3157 3/09 (page 5 of 6 pages) the Documents within ten (10) days after I receive the Lender's written request for such replacement. 0 That the mortgage insurance premiums on my Loan, if applicable, may increase as a result of the capitalization which will result in a higher total monthly payment, Furthermore, the date on which I may request cancellation of mortgage insurance may change as a result of the New Principal Balance. 0. That MERS holds only legal title to the interests granted by the borrower in the mortgage, but, if necessary to comply with law or custom, MERS (as nominee for lender and lender's successors and assigns) has the rightl: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property', and to take any action required of the lender including, but not limited to, releasing and canceling the mortgage loan in Witness Whereof, the Lender and I have executed this Agree ,'Seal) Wells argo Bank, N.A. -JAMES D ROSS Christy Gilbert Vice President Loan Documentation ate By (Seal) SHEILA MROSS - Date Date (Seal) (Seal) Date Date Michael Snively Assistant Secretary o gage-Elee c Re tration Systems, Inc. - Nominee for Lender pace Below This Line For Acknowledgemen ACKKlowLEDGMi~Nr Co/n1mPjWEAvrH of PENNsYLVAmIA ss, CoUrjT9 6F WmAERLAnQD on -th;5, tune 81,54. doAj a 5anueug, 20111 bel6e- me- SQ11? POL,lel 1, a nd? publ-,C., the W)derSi3roi o-Cer? wonoily appeared ?"c1rr1P? D. less ar She;l0. l11. Ross, Kna,s? -?? me (or sa+t?4a or;1 P(oven) to be +he psoos whose. r mes are subscr;bed -b ?-? whin irls?lurY12 ) Xa azy,)0 1ed3ed, ? exEc` 6 -, v1'1P- -Car -the. ?1,rposes there ?? coma;ned • Tn W*AM t.4a rr-brl COMMONWEALTH OF PENNSYLVANIA S here ?}p SE+_ Mµ Y,wAd 0,)A ??`a ?i• \ Otttl4itI{trlri Notarial Seal J Sally Powell, Notary Public Wormleysburg Boro, Cumberland County My COmmISSIDn Expires Nov. 10, 2013 Member, Pennsulvanla A-%sodatlon of Notaries V /Q6T 1R(? ?IBLIL tx ' it i t1 MULTISTATE HOME AFFORDABLE MODIFICATION AGREEMENT - Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUMENT f=orm 3157 3109 (page 6 of 6 pages) VERIFICATION .Jorge Cruz, hereby states tha?'Qshe is Vice President Loan Documentation of WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this matter, that 0/she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of0/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: 4/17/12 NAME: ROSS FILE 9: 165084 Name: Cr Titl . e resident Loan Documentation 032-PA-V3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*Trade Bank Plaintiff, CIVIL DIVISION i? tt Vs` 1 r. vs. James D. Ross; Sheila M. Ross; Defendant(s). NO.: 42- NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet is the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. TIDS PROGRAM IS FREE. Zucker, Goldberg & Ackerman, LLC XCP-165084 ZUCKER, GOLDBERG & ACKERMAN, LLC BY: Dated: Scott A. ietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Joel A. Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D. #306799 Ralph M. Salvia, Esquire; PA I.D. #202946 Jaime R. Ackerman, Esquire; PA I.D. #311032 Attorneys for Plaintiff XCP-165084/cper 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX Email: Office@zuckergoIdberg.com Zucker, Goldberg & Ackerman, LLC XCP-165084 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete- your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different): City: Phone Numbers: Email: # of people in household: Mailing Address: City: Phone Numbers: Email: # of people in household: First Mortgage Lender State: Zip: Yes ? No ? Listing date: _ Price: $ Realtor Phone: Yes ? No ? Home: Cell: State Office: _ Other: How long? State: Zip: Home: Office: Cell: Other: How long? Type of Loan: Loan Number: Second Mortgage Lender: Type of Loan: _ Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Primary Reason for Default: Included Taxes & Insurance: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Date you closed your loan: Zip: Zucker, Goldberg & Ackerman, LLC XCP-165084 Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ _ $ Investments: $ $ Checking: $ _ $ Savings: $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. _ Monthly amount: 2. Monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2nd Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) _ Auto fuel/repairs Other prop. payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuft. Other Expenses _ Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Zucker, Goldberg & Ackerman, LLC XCP-165084 Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: I/We, , authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Co-Borrower Signature Date Date Please forward this document along with the following information to lender and lender's counsel: V Proof of Income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of current utility bill V Letter explaining reason for delinquency and any supporting documentation (hardship letter) V Listing agreement (if property is currently on the market) Zucker, Goldberg & Ackerman, LLC XCP-165084 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*Trade Bank CIVIL DIVISION Plaintiff, vs. NO.: James D. Ross; Sheila M. Ross; Defendant(s). REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated February 28, 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 1. Defendant lives in the subject real property, which is defendant's primary residence; 2. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Signature of Defendant's Counsel/Appointed Legal Representative Date Signature of Defendant Signature of Defendant Date Date Zucker, Goldberg & Ackerman, LLC XCP-165084 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*Trade Bank vs. Plaintiff, James D. Ross; Sheila M. Ross; AND NOW, this day of Defendant(s). CIVIL DIVISION NO.: CASE MANAGEMENT ORDER ,20 ,the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at M. in Cumberland County Courthouse, Carlisle, Pennsylvania. at the 1. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 2. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable Zucker, Goldberg & Ackerman, LLC XCP-165084 resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 3. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 4. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. Zucker, Goldberg & Ackerman, LLC XCP-165084 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ('60??, at La,T?? ?'F?i?"E vt> 'r?fi ?,nERIFR s1 Jody S Smith Chief Deputy Richard W Stewart Solicitor PENNSY[-VANIA, E*Trade Bank vs. Sheila M. Ross (et al.) Case Number 2012-2956 SHERIFF'S RETURN OF SERVICE 05114/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Sheila M. Ross, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Allegheny County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 05/14/2012 05:42 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2012 at 1742 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Sheila M. Ross, by making known unto herself personally, at 536 Halyard Way, Enola, Cumberland' County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. ?I DENNI FRY, DEPUTY 05/14/2012 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: James D. Ross, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Allegheny County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program according to law. 05/14/2012 05:42 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 14, 2012 at 1742 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: James D. Ross, by making known unto Sheila Ross, Wife of Defendant at 536 Halyard Way, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. DEN? S FRY, DEP 05/30/2012 William Mullen, Sheriff of Allegheny County, who being duly sworn according to law, states that on May 30, 2012 at 0925 hours this Complaint in Mortgage Foreclosure upon defendant James D. Ross is returned not served because additonal money is owed. 05/30/2012 William Mullen, Sheriff of Allegheny County, who being duly sworn according to law, states that on May 30, 2012 at 0930 hours this Complaint in Mortgage Foreclosure upon defendant Sheila M. Ross is returned not served because additonal money is owed. SHERIFF COST: $100.00 SO ANSWERS, May 30, 2012 RON R ANDERSON, SHERIFF (c COUn?}Suite Sheriff T"elecscft. Inc JL- . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, Plaintiff, VS. JAMES D. ROSS, SHEILA M. ROSS, Defendants. CIVIL DIVISION No. 12-2956 PRAECIPE FOR APPEARANCE To the Prothonotary: Sir/Madam: y-, r-. {'J .? r c] C3, C-) 51 - Please enter our appearance as Counsel for James D. Ross and Sheila M. Ross, Defendants. Respectfully Submitted, D T?'-??? ;? - A.,l ROBERT O LAMPL PA 1. D. #19809 JAMES R. COONEY PA I.D. #32706 DAVID L. FUCHS PA I.D. #205694 960 Penn Avenue, Suite 1200 Pittsburgh, PA 15222 (412) 392-0330 (phone) (412) 392-0335 (facsimile) Email: dampl(EDlampllaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, CIVIL DIVISION Plaintiff, No. 12-2956 VS. JAMES D. ROSS, SHEILA M. ROSS, Defendants. CERTIFICATE OF SERVICE Robert O Lampl, James R. Cooney and David L. Fuchs, hereby certify that on the 12th day of June, 2012, a true and correct copy of the foregoing PRAECIPE FOR APPEARANCE was served upon the following (via First-Class U.S. Mail): Scott A. Dietterick, Esquire Kimberly A. Bonner, Esquire Joel A. Ackerman, Esquire Ashleigh L. Marin, Esquire Jaime R. Ackerman, Esquire Attomeys for Plaintiff 200 Sheffield Street, Suite 101 Mountainside, NJ 07092 -'O ::? --A-A ROBERT O LAMPL PA I. D. #19809 JAMES R. COONEY PA I.D. #32706 DAVID L. FUCHS PA I . D. #205694 960 Penn Avenue, Suite 1200 Pittsburgh, PA 15222 (412) 392-0330 (phone) (412) 392-0335 (facsimile) Email: rlampl(a-lampllaw.com E*TRADE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION vs. JAMES D. ROSS AND SHEILA M. ROSS, Defendants : NO. 12-2956 CIVIL CASE MANAGEMENT ORDER AND NOW, this Z S ' day of June, 2012, the defendant/borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on August 16, 2012, at 9:30 A.M. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendantiborrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. Scott A. Dietterick, Esquire For the Plaintiff David L. Fuchs, Esquire For the Defendants :rlm e°P;es BY THE COURT, A? J. c r 1 O ?y V 3 n?4.i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, CIVIL DIVISION ~, ..~, ri ~~., No. 12-2956 cn ~, -< ~ ~d ~~ ~ -.. MOTION TO CONTINUE =~ CONCILIATION CONFERENCE' r_._> e ~::; ,: .~ ~-~. ~ ~, =~: ,:.. o ° -_ r 3 i ~. Plaintiff, vs. JAMES D. ROSS, SHEILA M. ROSS, Defendants. FILED ON BEHALF OF: Defendants, James D. Ross and Sheila M. Ross Counsel of Record for this Party: ROBERT O LAMPL PA I.D. #19809 JAMES R. GOONEY PA I.D. # 32706 DAVID L. FUCHS PA I.D. #205694 960 Penn Avenue Suite 1200 Pittsburgh, PA 15222 Email: rlampl(c~lampllaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, CIVIL DIVISION Plaintiff, No. 12-2956 vs. JAMES D. ROSS, SHEILA M. ROSS, Defendants. MOTION TO CONTINUE CONCILIATION CONFERENCE AND NOW, come the Defendants', by and through their undersigned counsel, and file the within Motion to Continue Conciliation Conference, and in support thereof, state as follows: 1. On June 28, 2012, the Honorable Kevin A. Hess entered scheduled a Conciliation Conference on the within residential mortgage foreclosure action. 2. The Conciliation Conference is scheduled for August 16, 2012, at 9:30 a.m., in Chambers Number 4. 3. Counsel for the Plaintiff and Defendants' have conferred, and have to continue the within conference for a period of thirty (30) days. WHEREFORE, the Defendant respectfully requests that this Honorable Court enter an Order continuing the conciliation conference for a period of thirty (30) days. Respectfully Submitted, __ ROBERT O LAMPL PA I.D. #19809 JAMES R. GOONEY PA I.D. #32706 DAVID L. FUCHS PA N.D. #205694 960 Penn Avenue, Suite 1200 Pittsburgh, PA 15222 (412) 392-0330 (phone) (412) 392-0335 (facsimile) Email: rlampl _lampllaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, CIVIL DIVISION Plaintiff, No. 12-2956 vs. JAMES D. ROSS, SHEILA M. ROSS, Defendants. CERTIFICATE OF SERVICE Robert O Lampl, James R. Cooney and David L. Fuchs, hereby certify that oh the 14th day of August, 2012, a true and correct copy of the foregoing Motion t~ Continue Conciliation Conference was served upon the following (via EMAIL): Kimberly A. Bonner P.O Box 650 Hershey, PA 17033 KAB(a~jsdc.com ', ~_a ~ ~~l ROBERT O LAMPL PA I.D. #19809 JAMES R. GOONEY PA I.D. #32706 DAVID L. FUCHS PA I,D. #205694 960 Penn Avenue, Suite 1200 Pittsburgh, PA 15222 (412) 392-0330 (phone) (412) 392-0335 (facsimile) Email: rlampl(a~lampllaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, Plaintiff, CIVIL DIVISION No. 12-2956 vs. JAMES D. ROSS, SHEILA M. ROSS, Defendants. ORDER AND NOW, this ~~day of August, 2012, it is hereby ORDERED, ADJUDGED and DECREED that the Conciliation Conference scheduled on the above matter is continued until theo~(.6t" day of , 2012, at 3 % d d ~ , in Courtroom ~ ~r!~~~i.l~o • . it /~ ~, - ~~,~ . -~~ ~ --~ -: ~.a v,r--- c-~ -~ _ ~--_ r--:~ --~c~_ c, ~ ('~ ~ .~ _:-. ~3 ~'~ yy ~.i~ ~. d:, 1..~,~ "T-•~~~ ~ vJ l...JS t.. t G7,~ '~ bau,G( ~... ruc~.S~ ~ ~ / _ ~,~ : es ~-f ~~ ~~i~~a ~~ E*TRADE BANK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 12-2956 CIVIL JAMES D. ROSS and SHEILA M. ROSS, Defendants ORDER AND NOW, this q' r day of November, 2012, the conciliation conference in the above matter set for September 21, 2012, is continued to Friday, November 30, 2012, at 9:30 a.m. in Chambers of the undersigned. BY THE COURT, Kevin ess, P. J. / Ralph M. Salvia, Esquire P. O. Box 650 Hershey, PA 17033 ~ o `- c ,~ r/David Fuchs, Esquire rn rn o r2*rn r `` 960 Penn Avenue ~~ "'~ Suite 1200 ..~~ w °~ Pittsburgh, PA 15222~c~ -~ ~ zo = o~ /~ ~ ~ ~` ~~ E*TRADE BANK, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 12-2956 CIVIL JAMES D. ROSS and SHEILA M. ROSS, Defendants ORDER AND NOW, this aZ 9' day of November, 2012, at the request of counsel. for the parties, the conciliation conference in the above matter set for November 30, 2012, is continued to Wednesday, January 16, 2013, at 11:00 a.m. in Chambers of the undersigned. Ralph M. Salvia, Esquire P. O. BOX 650 Hershey, PA 17033 ~~~e ~, c~~ 9,~ David Fuchs, Esquire (~ `~'~n 960 Perin Avenue ~ p~U~ Suite 1200 Pittsburgh, PA 15222 rlm ~ .. _. ~ .. `.~ ~ rte.: ~' m _ . ~ :~ ~ ~. ~ -v _--_ ~_~ -.r,, C~._ t BY THE COURT, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, CIVIL DIVISION Plaintiff, No. 12-2956 cz> c - rn VS. X::3 C,n r- W . JAMES D. ROSS, SHEILA M. ROSS, ANSWER r- ::Ic Defendants. a;:C: E!5 _C)m FILED ON BEHALF OF: ' Defendants, James D. Ross and Sheila M. Ross Counsel of Record for this Party: ROBERT O LAMPL PA I.D. #19809 JAMES R. COONEY PA I.D. # 32706 DAVID L. FUCHS PA I.D. #205694 960 Penn Avenue Suite 1200 Pittsburgh, PA 15222 Email: rlampi(a)-lampllaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, CIVIL DIVISION Plaintiff, No. 12-2956 VS. JAMES D. ROSS, SHEILA M. ROSS, Defendants. ANSWER AND NOW, come the Defendants, by and through their undersigned counsel, and file the within ANSWER to Plaintiff's Complaint, and in support thereof, state as follows: 1. After reasonable investigation, the Defendants are without sufficient information to admit or deny the averments of Complaint paragraph 1, and strict proof thereof is demanded. 2. Admitted. 3. Admitted. 4. It is admitted that the Defendants executed the note. The remaining averments are denied to the extent that Plaintiff's characterization of the terms of the document differs from its plain language, which document speaks for itself. 5. It is admitted that the Defendants executed the mortgage. The remaining averments are denied to the extent that Plaintiff's characterization of the terms of the document differs from its plain language, which document speaks for itself. 6. The averments of Complaint paragraph 6 are conclusions of law for which no response is required. By way of further response, said averments are denied. Furthermore, the Defendants believe, and therefore aver, that any assignment of the note and/or mortgage by Mortgage Electronic Registration Systems, Inc., was improper and not effective. 7. It is admitted that the Defendants executed the mortgage. The remaining averments are denied to the extent that Plaintiff's characterization of the terms of the document differs from its plain language, which document speaks for itself. 8. The averments of Complaint paragraph 8 are conclusions of law for which no response is required. By way of further response, said averments are denied and strict proof thereof is demanded. 9. Admitted. 10. The averments of Complaint paragraph 10 are conclusions of law for which no response is required. By way of further response, said averments are denied and strict proof thereof is demanded. 11. Denied. By way of further answer, Defendants are without sufficient knowledge or information to form a belief as to the accuracy of the principal amount stated, the application of any amounts paid, the calculation of interest or the propriety of costs and other charges applied to the alleged amount due such as attorneys' fees, late charges and other costs and expenses. See Mellon Bank v. Joseph, 406 A.2d 1055, 1058 (Pa. Super 1978). As a result, the averments as to a balance owed, the amount thereof and interest accrual thereon are denied and strict proof is demanded. By way of further response, Defendant believes and therefore avers that Plaintiff failed to properly apply all payments made to the account. 12. The averments of Complaint paragraph 12 are conclusions of law for which no response is required. WHEREFORE, the Defendants respectfully requests that this Honorable Court. enter judgment in their favor and against the Plaintiff. Respectfully Submitted, ROBERT O LAMPL PA 1.D. #19809 JAMES R. COONEY PA I.D. #32706 DAVID L. FUCHS PA I.D. #205694 960 Penn Avenue, Suite 1200 Pittsburgh, PA 15222 (412) 392-0330 (phone) (412) 392-0335 (facsimile) Email: rlampl .lampllaw.com VERIFICATION verify that the statements of fact made in the foregoing Answer are true and correct based upon my personal knowledge, information and belief. I understand that these statements of fact are subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsifications to authorities. Date: ':,? "/ r, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*TRADE BANK, CIVIL DIVISION Plaintiff, No. 12-2956 VS. JAMES D. ROSS, SHEILA M. ROSS, Defendants. CERTIFICATE OF SERVICE Robert O Lampl, James R. Cooney and David L. Fuchs, hereby certify that on the 29th day of April, 2013, a true and correct copy of the foregoing ANSWER was served upon the following (via EMAIL and First Class Mail): Kimberly A. Bonner P.O Box 650 Hershey, PA 17033 KAB(cD-dsdc.com ROBERT O LAMPL PA I.D. #19809 JAMES R. COONEY PA I.D. #32706 DAVID L. FUCHS PA I.D. #205694 960 Penn Avenue, Suite 1200 Pittsburgh, PA 15222 (412) 392-0330 (phone) (412) 392-0335 (facsimile) Email: rlampl(M-lampllaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E*Trade Bank CIVIL DIVISION Plaintiff, vs. NO.: 12-2956-CIVIL TERM moo M C= (n r-- s James D. Ross;Sheila M. Ross; > 0-N Y�4 Defendants. PRAECIPE TO SETTLE DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the case filed at the above-captioned term and number SETTLED, DISCONTINUED and ENDED,without prejudice. Respectfully Submitted: ZUCKER, GOLDBERG &ACK AN, LLC BY: Scott A. Dietter' ( Esquire; PA I.D.#55650 Kimberly A. Bonner, Esquire; PA I.D.#89705 Joel A.Ackerman, Esquire; PA I.D. #202729 Ashleigh L. Marin, Esquire; PA I.D.#306799 Ralph M.Salvia, Esquire; PA I.D. #202946 Jaime R.Ackerman, Esquire; PA I.D.#311032 r Attorneys for Plaintiff XCP-165084/efl 200 Sheffield Street,Suite 101 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX