HomeMy WebLinkAbout12-2957r ,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
WELLS FARGO BANK, N.A.,
Plaintiff,
CIVIL DIVISION
N0.: /a - 0-07 0jV i At
vs.
James Shellenberger; Joyce Shellenberger;
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:
51 Fairway Drive
Camp Hill, PA 17011-2065
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
51 Fairway Drive, Camp Hill PA 17011-2065
Municipality: Hampden and East Pennsboro
FO'R PLAINTIFF
ATTY FILE NO.: XVP 164773
TYPE OF PLEADING
CIVIL ACTION - COMPLAwrl,
IN MORTGAGE FORECLOE ;; ._.
FILED ON BEHALF OF:;
Wells Fargo Bank, N.A. -`--c-:
COUNSEL OF RECORD FOR THIS PAg3Y:
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@zuckergoIdberg.com
File No.: XVP- 164773/rj
0
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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
XVP-164773
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A. CIVIL DIVISION
Plaintiff,
vs. NO.:
James Shellenberger; Joyce Shellenberger;
Defendant(s).
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
XVP-164773
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A. CIVIL DIVISION
Plaintiff,
vs. NO.:
James Shellenberger; Joyce Shellenberger;
Defendant(s).
AVISO
LISTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de la demanda establecida en las
siguientes paginas, debe tomar accion dentro de los pr6ximos veinte (20) dias despues de la notificaci6n
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 accion como se describe anteriormente, el caso
puede proceder sin usted sin previo aviso y un fallo por cualquier suma de dinero reclamada en la
demands 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.
LISTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN
ABOGADO 0 NO PUEDE PAGAR LINO, 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
XVP-164773
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A. CIVIL DIVISION
Plaintiff,
vs. NO.:
James Shellenberger; Joyce Shellenberger;
Defendant(s).
CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE
And now comes Wells Fargo Bank, N.A., by its attorneys, Zucker, Goldberg & Ackerman, LLC,
and files this Complaint in Mortgage Foreclosure as follows:
1. The Plaintiff is Wells Fargo Bank, N.A., (hereinafter "plaintiff") through its servicing
agent WELLS FARGO BANK, N.A. located at 3476 Stateview Blvd., MAC # X7801-013, Ft. Mill, SC
29;715.
2. Defendant, James Shellenberger, is an individual whose last known address is 51
Fairway Drive, Camp Hill, PA 17011-2065.
3. Defendant, Joyce Shellenberger, is an individual whose last known address is 51
Fairway Drive, Camp Hill, PA 17011-2065.
4. On or about April 22, 2009, James Shellenberger and Joyce Shellenberger executed a
Note in favor of Gateway Funding Diversified Mortgage Services L.P. in the original principal amount
of $278,674.00.
5. On or about April 22, 2009, as security for payment of the aforesaid Note, James
Shellenberger and Joyce Shellenberger made, executed and delivered to Mortgage Electronic
Registration Systems, Inc., as nominee for Gateway Funding Diversified Mortgage Services L.P. a
Mortgage in the original principal amount of $278,674.00 on the premises hereinafter described,
with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on
May 15, 2009, Instrument #200916039. 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.
6. The Mortgage was assigned by Mortgage Electronic Registration Systems, Inc., as
nominee for Gateway Funding Diversified Mortgage Services L.P. to Wells Fargo Bank, NA, plaintiff
herein, pursuant to an assignment of mortgage dated December 7, 2011 and recorded on December
14, 2011 in the Office of the Recorder of Deeds for Cumberland County, Instrument #201134840.
Zucker, Goldberg & Ackerman, LLC
XVP-164773
7. The aforesaid Mortgage was amended and increased in principal amount of
$279,762.87 pursuant to a certain Modification Agreement by and between Wells Fargo Bank, NA
and Defendants, James Shellenberger and Joyce Shellenberger, which is unrecorded at this time. The
terms of said modification set forth the interest rate at 4.000% with a new monthly payment and
interest amount of $1,335.63 commencing February 1, 2011 and continuing thereon with the due
date of obligation January 1, 2041. 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 September 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 Shellenberger and Joyce Shellenberger, husband and wife 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.
11. The amount due and owing Plaintiff by Defendant(s) is as follows:
Principal $276,912.88
Interest through 04/13/2012 $7,748.48
Escrow Balance ($627.24)
Suspense Balance ($223.54)
Late Charges $457.10
Inspection Fees $105.00
Total $284,372.68
Zucker, Goldberg & Ackerman, LLC
XVP-164773
plus interest on the principal sum ($276,912.88) at the daily per diem amount of $30.35 , 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 aue 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
$284,372.68, with interest thereon at the daily per diem amount of $30.35 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
~1 ( P
BY:
Dated: 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
Attorneys for Plaintiff
XVP-164773/rj
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
XVP-164773
EXHIBIT A
Zucker, Goldberg & Ackerman, LLC
XVP-164773
W,
eo k& ?P[
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200916039
Recorded On 5/15/2009 At 9:53:02 AM * Total Pages - 18
* Instrument Type - MORTGAGE
Invoice Number - 43655 User ID - KW
* Mortgagor - SHELLENBERGER, JAMES
* Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC
* Customer - OMNI LAND SETTLEMENT
* FEES
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES - $37.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
ROD ARCHIVES FEE $3.00
TOTAL PAID $74.50
I Certify this to be recorded
in Cumberland County PA
?y of cuye?9
?
RECORDER O D EDS
n
T7S0
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
001 DIC
III IIIIIIIIIIIIIVINIIII
Omni and Settlement
9603 Deereco Rd. Ste. 300
Timonium, Maryland 21093
Prepared By- Damien Thomas
300 Welsh Road, Building 5
Horsham, PENNSYLVANIA 19044
(215) 591-0222 Ext. 1235
Return To: way Fun ' g Diversified
Mort Ices L.P.
300 Wei , Building 5
Hors PENN VANIA 19044
4 01WlS
Parcel No.: `C)- jtj _ 15A 1-101
-- - ISpace Above This Line For Rmonling natal
MORTGAGE
MIN:
-?
THIS LOAN IS NOT ASSUMABLE
WITHOUT THE APPROVAL OF THE
DEPARTMENT OF VETERANS AFFAIRS
OR ITS AUTHORIZED AGENT.
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 10, 12, 19 and 20. Certain rules regarding the usage of words used in this document are also provided in
Section 15
(A) "Security Instrument" means this document, which is dated April 22, 2009 together with
all Riders to this document.
(B) 'Borrower" is James Shellenberger and Joyce Shellenberger
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is
acting solely as a noininee for Lender and Lender's successors and assigns. MER.S is the mortgagee under
PENNSYLVANIA-Singlc Family-UNIFORM INSTRUMENT
K%%SIN4AN1,IJ?ER3
,TEM M-1 IM10081 fPePa i o? 1aJ
this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address
and telephone number of 3300 S.W. 34th Avenue, Suite 101, Ocala, FL 34474 or P.O Box 2026, Flint, MI
48501-7076, tel. (888) 679-MERS.
(D) -tender" is Gateway Funding Diversified Mortgage Services L.P.
Lender i5 a Limited Partnership organized and existing
under the laws of PENNSYLVANIA Lender's address is
300 Welsh Road, Building 6, Horsham, PENNSYLVANIA 19044
(E) "Note" means the promissory note signed by Borrower and dated April 22, 2009 The Note
states that Borrower owes Lender Two Hundred Seventy Eight Thousand Six Hundred Seventy
Four and no/100 Dollars (U.S. $276,674.00 )
Plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full
not later than May 01, 2099
(17 -Property" means the property that is described below under the heading "Transfer of Rights in the
Property
(G) "Lean" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest
(H) "Riders" means all Riders to this Security instrument that are executed by Borrower the followm_e
Riders are to he executed by Borrower (check box as applicable]-
Condominium Rider ? Graduated Payment Rider
ElPianned Unit Development Rider ? Other(s) (specifyJ
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions. If the indebtedness secured hereby is guaranteed or insured under -title 38.
United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern
the rights, duties and liabilities of the parties hereto, and any provisions of this or other instruments executed
in connection with said indebtedness which are inconsistent with said Title or Regulations are hereby amended
to conform thereto.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by checi,,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument.
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such tern includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,
transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
PENNSVINAN1A-Single Family--UNIFORM INSTRUMENT
PENNSYLVANIA-MERS O^YD-'
TEN 2774L1 I06100al (Nape For tai
(L) "Escrow Items" means those items that are described in Section 3,
(M) "'.Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds
paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for
(i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
property: (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value
and/or condition of the Property.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Vote, plus (ii) any amounts under Section 3 ofthis Security Instrument.
(U) "RESPA" means the Real Estate Settlement Procedures Act (12 IJ.S.C. § 2601 et seq.) and its
Implementing regulation, Regulation X (24 C.F.R Part 3500), as they might be amended from tinte to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RFSPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RFSPA.
(P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument
TRANSFER OF RIGHTS IN THE PROPER'T'Y
This Security Instrument secures to Lender: (i) the repayment of the loan, and all renewals, extensions
and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey
to MFRS (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 cf
Cumberland frypc of Raording)unscra)-]
(Name or Recording ).,iyd; 6-1
See Legal Description attached hereto and made a part hereof.
which currently has the address of 51 Fairway Drive
(street)
Camp Hill Pennsylvania 17011 ("Property Address'°)_
Icayl h.a Code]
r F.NNSYLV.ANIA-Single Family-UNIFORM INSTRUMENT
rENNSYLVA NIA•MERS Or•r•`--"?°
?'rEM 27740 (0610Ca) (Pape 3 W 14i
TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall
also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as
the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby ccnve),ed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record, Borrower warrants and will defend generally the title to the Property against al;
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines unifomt covenants for national use and nonuniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering
real property
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges,
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S currency .
However, if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender
fa) cash, (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
sucn check is drawn upon an institution whose deposits are insured by a federal agency, instrumer iity, or
entity, or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 14.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring
the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments.
in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. V
each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return
them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under
the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future
against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument
or performing the covenants and agreements secured by this Security Instrument
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority. (a) interest due
under the Note; (b) principal due under the Note; (c) amounts due under Section 3 Such payments shall b:
applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied
,ust to late charges, second to any other amounts due under this Security Instrument, and then to reduce the
principal balance of the Note.
PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT
PENNSYLVANIi c-10`"'
EM 2774 La (061X11) ?aepe a ee 7u,
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full
'Io the extent that any excess exists after the payment is applied to the full payment of one or more Periodic
Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to
any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for:
(a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien o•
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; and (c) premiums
for any and all insurance required by Lender under Section 5. These items are called "Escrow Items." At
origination or at any time during the term of the Loan, Lender may require that Community Association Dues,
Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an
Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay die
Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or
all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pa'
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item.
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 14 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
under RE-SPA. 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 Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
Law permits Lender to make such a charge Unless an agreement is made in writing or Applicable Law
requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or eamings
on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds
Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by R-ESPA
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under
RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments
if there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as
PENNSVLVANtA-Single Family--UNIFORM INSTRUMENT
PENNSVIVANIA-MERS umatIXss`
'.TEM 7774.510610091 (pNr 5 .114J
required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in
accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, feasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded.
or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part ofthe Property is subject to a lien which can attain
priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days
of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set
forth above in this Section 4.
Lender may require Borrower to pay, a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either (a) a one-lime charge for flood zone determination, certification
and tracking services; or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by
the Federal Emergency Management Agency in connection with the review of any flood zone determination
resuling from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular
type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liabiliry
and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the
cost of the insurance coverage so obtained might significantly exceed the cost of insurance that BorrcWCr
could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt
of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from
the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgage,-
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates, If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices
If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, ci
NF.NNSYI.VAN'IA--Sinele Family-IINIFORFI INSTRUMENT
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destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,
any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to
restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security
is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance
proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed
to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work
is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds
Pees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance
proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible
or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this
Security instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance
proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period
will begin when the notice is given. In either event, or if Lender acquires the Property under Section 24 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights Iother than the right to any refund of unearned premiums paid by Borrower) under all insurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use
the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the.
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shalt not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determired pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property
if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall he responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.
If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not
relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable
cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower
mxrce at the time of or prior to such an interior inspection specifying such reasonable cause.
S. Borrower's Loan Application, Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge
PENNSYLVA NIA-Single f'- ly -- IiNIFORM INSrRUMr,Mf
PENNSYLVANIA-MERS Grtawa::'
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or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed
to provide Lender with material information) in connection with the Loan. Material representations include,
but are not limited to, representations conceming Borrower's occupancy of the Property as Borrower'
principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),
or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or
appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the Property Lender's
actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this
Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest
in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change
locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code
violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under
this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Burrower secured
by this Security Instrument. "These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment
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.
IU. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
Il'the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower
in the event ofa partial taking, destruction, or loss in value ofthe Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than
the amount ofthe 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 ofthe Miscellaneous Proceeds multiplied by the following fraciior:
PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT
PLNNSr LVANIA-HERS Gr 0--
i-FM 21761E IO61 p0a) (P:ye 90114,
(a) the total amount of the sums secured immediately before the partial taking, destruction, or joss in value
divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss
in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in va'.ue of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of
the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and
Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this
Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Parry (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower
fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect
and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured
by this Security Instrument, whether or not then due. "Opposing Parry" means the third party that owes
Borrower Miscellaneous Proceeds or the parry against whom Borrower has a right of action in regard to
Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 18, by causing the action or proceeding to be dismissed with
a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of
Lender's interest in the Property or rights under this Security Instrument- The proceeds of any award or claim
for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned
and shall he paid to Lender
All Miscellaneous Proceeds that are not applied to restoration or repair ofthe Property shall be applied in
the order provided for in Section 2.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
Lo Borrower or any Successor in Interest of Bcrrower shalt not operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any
Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,
without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of
Borrower or in amounts :ess than the amount then due, shall not be a waiver of or preclude the exercise of any
right or remedy.
U. Joint and Several Liability; Co-signets; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower
who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 17, any Successor in Interest of Borrower who assumes Borrower' 3
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 wvenajit5 arid
rENNSYLVANIA-Single Family-UNIFORM INSTRUMENT
PENN TLVANIA-MEKS
STEM 2714U iG613081 ;vale 9 or 14;
agreements of this Security Instrument shall bind (except as provided in Section 19) and benefit the successors
and assigns of Lender.
13. Loan Charges. Lender may charge Borrower fees for services performed in connection with
borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to
Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that
are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limil; and (b) any sums already collected from Borrower which exceeded permitted limits will
be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the
Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated
as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided
for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
constitute a waiver of any right of action Borrower might have arising out of such overcharge.
14. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed
to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address, If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall
be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender
has designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to have been given to Lender until actually received by Lender If any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument.
15. Governing Law; Severabiliry; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,
but such silence shall not be construed as a prohibition against agreement by contract. In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take
any action.
16. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security instrument
17. Transfer of the Property. This loan may be declared immediately due and payable upon transfer
of the Property securing such loan to any transferee, unless the acceptability of the assumption of the loan is
established pursuant to Section 3714 of Chapter 37, Title 39, United States Code.
PENNSYLVANIA-Single Family--UNIFORM ISMUMEYr
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REM _774L10(061000) !Pepe tow I')
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shal!
provide a period of not less than 30 days from the date the notice is given in accordance with Section 14 within
which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
18. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in ihi,,
Security Instrument; (b) such ether period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security. Instrument. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note
as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees incurred for the purpose or protecting Lender's
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender map
reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,
and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following
forts, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check
or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower,
this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 17,
19. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in. the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Service-) that collects Periodic Payments
due under the Note and this Security Instrument and performs other mortgage loac servicing obligations under
the Note, this Security Instrument, and Applicable Law. There also might be one or more changes o:`the Loan
Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given
written notice of the change which will state the name and address of the new Loan Servicer, the address tc
which payments should be made and any other information RESPA requires in connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
purchaser ofthe Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
provided by the Note purchaser
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason nf,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 14) of such alleged breach and afforded the other patty hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
io Section 24 and the notice of acceleration given to Borrower pursuant to Section 17 shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 19.
20. Hazardous Substances. As used in this Section 20: (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
PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT
PENNSYLVANIA-MENS GreifD--
TEM 277<Lt'. (061C0a) P.Q. I,I" ,+,
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do.
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmcntai
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of am
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental
or regulatory authority, or any private party, that any removal or other remediation of any Hazardous
Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions
in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
Environmental Cleanup.
21. Funding Fee. A fee equal to one-half of one percent of the balance of this loan as of the date of
transfer of the Property shall be payable at the time of transfer to the loan holder or its authorizec agent, as
trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the
fee shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate
herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof,
shall be immediately due and payable. This fee is automatically waived if the assumer is exempt under the
provisions of 38 U.S.C. 3729(c). (Note: The funding fee for loans assumed between 12/13/02 and 9/30/03 will
be I percent )
22 Processing Charge. Upon application for approval to allow assumption of this loan, a processin?
fee may be charged by the loan holder or its authorized agent for determining the creditworthiness of the
assumer and subsequently revising the holder's ownership records when an approved transfer is completed.
I'he amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs
for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies
23. Indemnity Liability. Ifthis obligation is assumed, then the assumer hereby agrees to assume all cf
the obligations of the veteran under the terms of the instruments creating and securing the loan The assumer
further agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising
from the guaranty or insurance of the indebtedness created by this instrumem.
'90N-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows
24. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 17 unless Applicable Law provides otherwise). Lender shall notify Borrower
of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default
must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums
secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender
PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT
PENMa TLVAM1A.MeMa GRafeocs°
ITEM 27740. (0010057 'Pope ? 21 'a
shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration
and foreclosure. If the default is not cured as specified, Lender at its option may require immediate
payment in full of all sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this Section 24, including, but not limited to, attorneys'
fees and costs of title evidence to the extent permitted by Applicable Law.
25. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only ifthe fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
26. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
27. Reinstatement Period. Borrower's time to reinstate provided in Section 18 shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
28. Purchase Money Mortgage. If any of the debt secured by this Security instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall he a purchase money mortgage.
29. Interest Rate After Judgment. Borrower agrees that the interest rate payable after ajudgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the Note
BY S N)N(3 B wer accepts and agrees to the terms and covenants contained in pages
,pnf
through 4 f t y str ent and in any Rider executed by Borrower and recorded with it.
(Seal)er a? o (Seal)
er l) oyce Shellenberger norrowcr
s Shellen1
06
(Seal)
-BOnO-
-(Seal)
-Rono-
NENNSYLVANIA-Single Family--UNIFORM INSTRUMENT
PENNSYLVANIA.MERS Qrt?[;JOCS'
ITEM VICt10(0°1004) fpaQ 130'6)
State of PENNSYLVANIA
County of Mon /n$?x_6,4AjG
On this, the 22nd day of April 2009 , before me a notary public, the undersigned
oiTicer, personally appeared James Shellenberger, Joyce Shellenberger
known to me (or satisfactorily proved) to be the person(s) whose name(s) is/are subscribed to the within
instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.
W W i"!NESS W HERLOt-, I hereunto set my hand and o tcial se
NOTARIAL SEAL L Notary Public
16~ 11 Do% 114"my Pullift
OrbUtIaOM TOwlrOgt Mw OI tv
? p/IdMbIrOVYIM OOIM? OMO
CERTIFICATE OF RESIDENCE 1, Damien Thomas
do hereby certify that the correct address of the within named lender is 300 Welsh Road, Building 5,
Horsham, PENNSYLVANIA 19044
Witness my hand this 22nd day of April 2009
1D
D mien omes Agentottcmier
PENNSYLVANIA-Single Family-UNIFORM INSTRUMENT
PENNSYLVANIA-MFR9 Great Oaca•
ITEM 2T 14 ,I' (08,008) Pape I • ?f ,"
VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT
THE APPROVAL OF THE DEPARTMENT OF VETERANS
AFFAIRS OR ITS AUTHORIZED AGENT.
THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY IS MADE this 22nd day of
April 2009 and is incorporated into and shall be deemed to amend
and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security Instrument") dated
of even date herewith, given by the undersigned (herein "Borrower") to secure Borrower's Note to
Gateway Funding Diversified Mortgage Services L.P.
(herein "Lender") and covering the Property described in the Security Instrument and located at
51 Fairway Drive
Camp Hill, Pennsylvania 17011
IProperty Addressl
VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made m the
Security Instrument, Borrower and Lender further covenant and agree as follows:
If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such
Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and
liabilities 'of Borrower and Lender. Any provisions of the Security Instrument or other instruments
executed in connection with said indebtedness which are inconsistent with said Title or Regulations,
including, but not limited to, the provision for payment of any sum in connection with prepayment of the
secured indebtedness and the provision that the Lender may accelerate payment of the serure:i
indebtedness pursuant to Covenant 17 of the Security Instrument, are hereby amended or negated to the
extent necessary to conform such instruments to said Title or Regulations.
LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four per centurn
(4%) of the overdue payment when paid more than fifteen (15) days after the due date thereof to cover the
extra expense involved in handling delinquent payments, but such "last charge" shall not be payable out
of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds arc
sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby.
GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full
amount within 60 days from the date that this loan would normally become eligible for such guaranty
committed upon by the Department of Veterans Affairs under the provisions of Title 38 of the U. S. Code
"Veterans Benefits", the Mortgagee may declare the indebtedness hereby secured at once due and payable
and may foreclose immediately or may exercise any other rights hereunder or take any other proper actior
as by law provided.
MULTISTA7'F. VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER
Page I of 2
TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upen
transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of
the loan is established pursuant to Section 3714 of Chapter 37, i'itle 38, United States Code.
An authorized transfer ("assumption") of the property shall also be subject to additional covenants arr_
agreements as set forth below:
a) ASSUMPTION FUNDING FEE: A fee equal to one-half of I percent (.50%) of the balance of this
loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or
its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fe-
at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument,
shall bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby
secured or any transferee thereof, shall be immediately due and payable. This fee is automatically waive,
if the assumer is exempt under the provisions of 38 U.S.C. 3729 (c).
b) ASSUMPTION PROCESSING CHARGE: Upon application for approval to allow assumption of thi,
loan, a processing fee may be charged by the loan holder or its authorized agent for determining the
creditworthiness of the assumer and subsequently revising the holder's ownership records when an
approved transfer is completed. The amount of this charge shall not exceed the maximum established b?
the Department of Veterans Affairs for a loan to which Section. 3714 of Chapter 37, Title 38. Unitea
States Code applies.
c) ASSUMPTION INDEMNITY LIABILITY: If this obligation is assumed, then the assurner hereby
agrees to assume all of the obligations of the veteran under the terms of the instruments creating and
securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to lie
extent of any claim payment arising from the guaranty or insurance of the indebtedness created by th s
instrument.
IN WITNESS WHEREOF, Borrower(s) has executed this VA Guaranteed Loan and Assumption Policy
Rider
ames She enberger -Borrower Joyce Shellenberger ?orrower
-Borrower
Borrower
Page 2 of 2
' . file No. 090975
EXHIBIT "A"
ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the
Townships of Hampden and East Pennsboro in the County of Cumberland and
Commonwealth of Pennsylvania, more particularly described as follows:
BEGINNING at a point on the southern line of Fairway Drive (incorrectly identified as Fairview
Drive in previous deed), which point is at the dividing line between Lots Nos. 381 and 382 on the
Plan of Lots hereinafter mentioned; thence South twelve degrees thirty-one minutes East (S 12
degrees 31'E) and along the dividing line between Lots Nos. 381 and 382 on the Plan of Lots
hereinafter mentioned, a distance of one hundred, four and eighty-seven hundredths (104.87) feet
to a point at the rear lot line of Lot No. 114 on the Plan of Lots hereinafter mentioned; thence
North seventy-seven degrees twenty-nine minutes East (N 77 degrees 29'E) and along parts of
the rear lot lines of Lots Nos. 114 and 113 on the Plan of Lots hereinafter mentioned, a distance
of one hundred forty-four and ninety-eight (144.98) feet to a point at the westerly line of
Fairway Drive; thence North thirty-eight degrees forty-four minutes (N 38 degrees 44' f q, and
along the westerly line of Fairway Drive, a distance of twenty-three and ftfty-six hundredths
(23.56) feet to a point; thence continuing along the westerly line of Fairway Drive on a curve to
the left, whose radius is one hundred fifty (150) feet, an arc distance of one hundred sixty-six
and ninety-eight hundredths (166.98) feet to a point, the place of BEGINNING.
BEING Lot No. 382 on the Plan of Lots known as part of Country Club Park, which Plan is
recorded in the Cumberland County Recorder of Deeds Office in Plan Book 38, Page 80,
EXHIBIT B
Zucker, Goldberg & Ackerman, LLC
XVP-164773
r
Wells Fargo Home Mortgage
• MAC X7802-03H
•3480 Stateview Blvd.
• • FORT MILL, SC 29715
800 416-1472 Customer Service
____ t; ? V4
LOAN MODIFICATION AGREEMENT
LOAN NUMBER:
PROPERTY ADD airway rive
Camp Hill PA 17011
MIN: MERS Phone: 1-888-679-6377
THIS LOAN MODIFICATION AGREEMENT ("Agreement"), made on
November 19, 2010, by and between James Shellenberger and
Joyce Shellenberger and (the "Borrower(s)") and
Wells Fargo Bank, N A (the "Lender",
And Mortgage Electronic Registration Systems, Inc. (Mortgagee)
together with the Borrower(s), the "Parties").
WITNESSETH
WHEREAS, Borrower has requested and Lender has agreed, subject to the
following terms and conditions, to a loan modification as follows:
NOW THEREFORE, in consideration of the covenants hereinafter set forth
and for other good and valuable consideration, the receipt and
sufficiency of which-are hereby acknowledged by the Parties, it is agreed
as.follows-(notwithstanding anything to the contrary in the Note and
Security Instrument dated 04/22/2009.)
1. BALANCE. As"of November 19, 2010, the amount payable under the Note
and Security Instrument (the "Unpaid Principal Balance") is U.S.
$ 272,919.31.
2. EXTENSION. This Agreement hereby modifies the following'terms of-the
Note and Security Instrument described herein above as follows. -- A. The current contractual due date has been extended from 09 0110 -
to-,02/01/2011- The first modified contractual due date is one'
02/01/2011.
B. The maturity date has been extended from 05-39 (month-/year) to,
01/01/2041.
C. The amount of interest to be included (capitalized) will be U.S. _
$ 5,117.25.
The, amount of the Escrow Advance to be capitalized wall"be U.S. $1,726-.31..
The amount of Recoverable Expenses* to be capitalized will be
U.S. $.0.00.
The modified Unpaid Principal Balance is U.S. $ 279,762.87.
* Recoverable-Expenses may include, but are not limited to: Title,
Attorney fees/costs, BPO/Appraisal, and/or Property Preservation/
Property Inspections
D. The Borrower(s) promises to pay the Unpaid Principal Balance plus
interest, to the order of the Lender. Interest will be charged on the
Unpaid Principal Balance of U.S. $ 279,762.87. The Borrower(s) promises-
to make monthly payments of principal and interest of U-.S. $ 1,335.63;
at a yearly rate of 4.000%, not including any escrow deposit, if
applicable. If on the maturity date the Borrower(s) still owes an amount
under the Note and Security Instrument, as amended by this Agreement,
Borrower(s) will pay this amount in full on the maturity date.
LM521/03K/1
Wells.Fargo Home Mortgage
is a division of Wells Fargo Bank, N.A.
F
Wells Fargo Home Mortgage
MAC X7802-03H
3480 Stateview Blvd.
FORT MILL, SC 29715
800 416-1472 Customer Service
3. NOTE AND SECURITY INSTRUMENT. Nothing in this Agreement shall be
understood or construed to be a satisfaction or release, in whole or in
part of the Borrower's obligations under the Note or Security Instrument.
Further, except as otherwise specifically provided in this Agreement, the
Note and Security Instrument will remain unchanged, and Borrower and
Lender will be bound by, and shall comply with, all of the terms and
provisions thereof, as amended by this Agreement.
4. The undersigned Borrower(s) acknowledge receipt and acceptance of the
Loan Modification Settlement Statement. Borrower(s) agree with the
information disclosed in and understand that I/we am/are responsible for
payment of any outstanding balances outlined in the Loan Modification
Settlement.
5. The undersigned Borrower(s) acknowledge receipt and acceptance of the
Borrower Acknowledgements, Agreements, and Disclosures Document (BARD).
6. If included, the undersigned Borrower(s) acknowledge receipt and
acceptance of the Truth in Lending statement.
7. If included, the undersigned Borrower(s) acknowledge receipt and
acceptance of the Special Flood Hazard Area (SFHA).
8. That (he/.she/they) ,(is/are) the-Borrower(s-) on the above-referenced
Mortgage Loan 'serviced by Wells Fargo Bank, N A%
That (he/she/they) have experienced a financial hardship or change in
financial circumstances since the origination of (his/her/their)
Mortgage Loan.
That (he/she/they) did not intentionally or purposefully default on-the
Mortgage Loan in order to obtain a loan modification.
LM521/03K/2
V.-
Wells Fargo Home Mortgage
is a division of Wells Fargo Bank, N.A.
? J
Wells Fargo Home Mortgage
MAC X7802-03H
3480 Stateview Blvd.
FORT MILL, SC 29715
800 416-1472 Customer Service
,1
CORRECTION AGREEMENT. The undersigned borrower(s), for and in
consideration of the approval, closing and funding of this
Modification, hereby grants Wells Fargo Bank, N A, as
lender, limited power of attorney to correct and/or initial all
typographical or clerical errors discovered in the Modification
Agreement required to be signed. In the event this limited power of
attorney is exercised, the undersigned will be notified and receive
a copy of the document executed or initialed on their behalf. This
provision may not be used to modify the interest rate, modify the
term, modify the outstanding principal balance or modify the
undersigned's monthly principal and interest payments as modified by
this agreement. Any of these specified changes must be executed
directly by the undersigned. This limited power of attorney shall
automatically terminate in 12 ys rom the closing date of the
undersigned's Modification. (Borrower(s) initial)
IN WITNESS WHEREOF, the Parties hereto have-.executed this Agreement as
the date•first above written.
By signing this Agreement I hereby consent to being contacted concerning
this loan at any cellular or mobile telephone number I may have. This
includes text messages and telephone calls including the use of
automated dialing systems to contact my cellular or mobile telephone..
You will not be billed by your cellular or mobile carrier-for any.text_
messages you may receive from Wells Fargo, however, any calls we place - --
toyour cellular or mobile phone will incur normal airtime charges -
,assessed by your mobile carrier.
Dat a th' day of 20\0
rba 4.. n o U ?J .,
e erger Joyce Shellenberger
ignature Signature
??cQ.??s?.rt- Iroah?c??1 •,cr? ??--?°?-14
Wells Fargo Bank, N A
Mortgage lectronic Registration Systems, Inc.
Name : PHILUP BERNDT - "-
ASSISTANT SECRETARY
Its:
LM527 03K/3
Wells Fargo Home Mortgage
Is a division of Wells Fargo Bank, N.A.
VERIFICATION
Geeta Sheth, hereby states that 1?/she is Vice President Loan Documentation of
WELLS FARGO BANK, N.A., plaintiff or mortgage servicing agent for plaintiff in this
matter, that ) e/she is authorized to make this Verification, and verify that the statements
made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the
best of #her information and belief. The undersigned understands that this statement is
made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to
authorities.
Name: Geeta Sheth
DATE: ? P?? ? ? .2012.
Title: Vice President Loan Documentation
032-PA-V3 Zucker, Goldberg & Ackerman, LLC
XVP- 164773
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A. CIVIL DIVISION
Plaintiff, t?QV C? ?? ( ?„?
vs. NO.: ?oZ ., lV
James Shellenberger; Joyce Shellenberger;
Z_
Defendant(s). r -n
-mac _- ,? .
tr
c- ,
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
77
D
IVERSION 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 in 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
XVP-164773
ZUCKER, GOLDBERG & ACKERMAN, LLC
BY: /
Dated: I l E 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
XVP-164773/cper
200 Sheffield Street, Suite 101
Mountainside, NJ 07092
(908) 233-8500; (908) 233-1390 FAX
Email: Office@zuckergoldberg.com
Zucker, Goldberg & Ackerman, LLC
XVP-164773
t 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 you-- 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:
Yes ? No ? Listing date
State: Zip:
_ Price: $
Realtor Phone:
Yes ? No ?
State: Zip:
Home: Office:
Cell: 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:
Zucker, Goldberg & Ackerman, LLC
XVP-164773
l
Assets Amount Owed: Value:
Home: $ $
Other Real Estate: $ $
Retirement Funds: _
$ $
Investments: $ $
Checking: $ _ $
Savings: $ _ $
Other: $ $
Automobile #1
Amount owed:
Automobile #2
Amount owed:
Model:
Value:
Model:
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/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income & Expenses:
Have you been working with a Housing Counseling Agency?
Yes F-] No 7
If yes, please provide the following information:
Counseling Agency:
Counselor:
Phone (Office):
Email:
Fax:
Year:
Year:
Zucker, Goldberg & Ackerman, LLC
XVP-164773
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
XVP-164773
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A.
CIVIL DIVISION
Plaintiff,
NO.:
vs.
James Shellenberger; Joyce Shellenberger;
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 Date
Legal Representative
Signature of Defendant
Signature of Defendant
Date
Date
Zucker, Goldberg & Ackerman, LLC
XVP-164773
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A.
vs.
James Shellenberger; Joyce Shellenberger;
Plaintiff,
Defendant(s).
CIVIL DIVISION
NO.:
CASE MANAGEMENT ORDER
AND NOW, this day of
,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 au;:hority to reach a mutually acceptable
Zucker, Goldberg & Ackerman, LLC
XVP-164773
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,
Zucker, Goldberg & Ackerman, LLC
XVP-164773
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
2012 MAY 24 AM 8. 1
CUMBERLAND COUNT)'
PENNSYLVANIA
Wells Fargo Bank, N.A. ,
VS.
James Shellenberger (et al.)
Case Number
2012-2957
SHERIFF'S RETURN OF SERVICE
05/14/2012 04:33 PM - Dennis Fry, Deputy Sheriff, who being duly swom according to law, states that on May 14,
2012 at 1633 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
Shellenberger, by making known unto himself personally, at 51 Fairway Drive, Camp Hill, Cumberland
County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and
correct copy of the same.
DENNI FRY, DEPU
05/14/2012 04:33 PM - Dennis Fry, Deputy Sheriff, who being duly swom according to law, states that on May 14,
2012 at 1633 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: Joyce
Shellenberger, by making known unto James Shollenberger, Husband of Defendant at 51 Fairway Drive,
Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him
personally the said true and correct copy of the same.
DENIMS FRY, DF?$dTY
SHERIFF COST: $59.00
May 18, 2012
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CountySuite Sheriff, Teleosoft, Inc.
t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Wells Fargo Bank, N.A.
vs.
James Shellenberger; Joyce Shellenberger;
CIVIL DIVISION
Plaintiff,
NO.. AD) _a1n.S7
Defendant(s).
CASE MANAGEMENT ORDER
AND NOW, this eday of (1 _ ,20 1 z 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 11th-a.0/d at 1:3d / M. in C??n y at the
Cumberland County Courthouse, Carlisle, Pennsylvania.
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
XVP-164773
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 URT,
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Zucker, Goldberg & Ackerman, LLC
XVP-164773
WELLS FARGO BANK, N.A.,
Plaintiff
vs.
JAMES SHELLENBERGER and
JOYCE SHELLENBERGER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 12-2957 CIVIL
IN RE: CONCILIATION CONFERENCE
Present at a conciliation conference held this date were Ralph M. Salvia, Esquire,
attorney for the plaintiff, and Michael L. Bangs, Esquire, attorney for the defendants.
It was agreed that counsel will confer if the document package currently under
consideration by Wells Fargo Bank, N.A. is not complete. It is further understood that the
defendants may explore their options under the HAMP program.
Continued conference in this case is set for October 2, 2012, at 10:00 a.m.
August 16, 2012
r~ Ralph M. Salvia, Esquire
For the Plaintiff
/ Michael L. Bangs, Esquire
For the Defendants
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Kevin .Hess, P.J.
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WELLS FARGO BANK, N.A., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vs. : CIVIL ACTION — LAW
: NO. 12-2957 CIVIL
JAMES SHELLENBERGER and :
JOYCE SHELLENBERGER,
Defendants
ORDER
AND NOW, this day of November, 2014, without opposition, this matter is
removed from the Cumberland County Mortgage Foreclosure Diversion Program and the stay
entered in this case is LIFTED.
BY THE COURT,
4I
Kev n A. Hess, P. J.
Ralph M. Salvia, Esquire
Forjhe Plaintiff
Michael L. Bangs, Esquire
For the Defendants
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