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HomeMy WebLinkAbout12-5569 i _ _ ~ , ,r _t~ ~ . , ~ ~ }t~C -r'^u~~ ~ 1~ } S _ 6 ^G C ~ F'irP~t~SYt~ gN~~NT~ PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE COURT OF COMMON PLEAS BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC. CHL MORTGAGE PASS-THROUGH CIVIL DIVISION TRUST 2004-2, ASSET-BACKED CERTIFICATES, SERIES 2004-2 TERM 7105 CORPORATE DRIVE q U t PLANO, TX 75024 NO. ~ a~' 1 Plaintiff CUMBERLAND COUNTY v. JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1022 Defendant CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE C..~ ~1d3•~~ a~ File 290474 12~4ag~3~8 _ _ _ _ _ _ .r NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20} days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment maybe entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800)990-9108 File 290474 1. Plaintiff is THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC. CHL MORTGAGE PASS-THROUGH TRUST 2004-2, ASSET-BACKED CERTIFICATES, SERIES 2004-2 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JOAN B. IIARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1022 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/18/2003 JOAN B. HARRISON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FULL SPECTRUM LENDING, INC. which mortgage is recorded in the Office of the Recorder of Deeds of CUMBERLAND County, in Mortgage Book 1849, Page 1789. By Assignment of Mortgage recorded 05/15/2006 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book 0727, Page 0265. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File 290474 } 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2011 and each month thereafter are due and unpaid, and by th.e terms of said mortgage, upon failure of Mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts are due on the mortgage as of 07/06/2012: Principal Balance $163,781.80 Interest $3,320.39 07/01/2011 through 07/06/2012 Late Charges $0.00 Property Inspections $674.00 Escrow Deficit 3 346.82 TOTAL $171,123.01 7. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. File 290474 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $171,123.01, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELA HALLINAN & SCHMIEG, LLP By: atth Brush od, Esquire Attorney aintiff File 290474 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989 and recorded in Plan Book 64, Page 90 as follows: BEGINNING at a point in western right-of--way line of Liberty Drive at corner of Lot No. 8 on said Plan; thence along Lot No. 8, South 70 degrees 27 minutes 10 seconds West 100.48 feet to a point on eastern right-of--way of PA Route 94; thence along right-of--way line of PA Route 94, North 20 degrees 03 minutes 31 seconds West 87.00 feet to a point; thence along Lot No. 6 on Plan, North 70 degrees 27 minutes 10 seconds East 101.26 feet to a point in western right-of--way of Liberty Drive; thence along said line of Liberty Drive, South 19 degrees 32 minutes 50 seconds East 87.00 feet to a point the Place of BEGINNING. CONTAINING 0.2015 acre and designated as Lot No. 7 of Liberty Woods. BEING part of the same premises which Oakwood Homes, Inc., by Deed dated June 30, 1995 and recorded July 3, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 124, page 662, granted and conveyed unto Paul H. Haut, Jr. and Elizabeth M. Hallet, husband and wife. AND BEING the same premises which Paul H. Haut, Jr. and Elizabeth M. Hallett, husband and wife, by deed dated and recorded even date herein in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Joan B. Harrison. File 290474 c PROPERTY ADDRESS: 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065- 1022 PARCEL # 23-35-2316-065 File 290474 ' ~ 1 VERIFICATION ~ ~C4 ,hereby states that /she is ~~a5,~1a~~T ~ i~-e~(eh~i~~of BANK OF AMERICA, N.A., servicing agent for Plaintiff in this matter, that®/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 is er 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. ~ ~~i Name: /~//C~`~~lr t,v t. C~;, {~i,~~ c,~1 DATE: ~u~Lt~~~ T~ y i ~ Title:.~~'~i5`fcar~,~ `y~, C~~~-~-,,~~ BANK OF AMERICA, N.A., SERVICING AGENT FOR THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC. CHL MORTGAGE PASS-THROUGH TRUST 2004-2, ASSET- BACKED CERTIFICATES, SERIES 2004- 2 File#: 290474 Name: HARRISON File 290474 IN THE COURT OF COMMON PLEAc~ ' THE BANK OF NEW YORK MELLON FKA THE OF CUMBERLAND COUNTY, PENNSY f~NI~ W n t ~u. BANK OF NEW YORK AS TRUSTEE FOR THE r ~7 r BENEFIT OF THE CERTIFICATEHOLDERS OF ~-a THE CWABS INC. CHL MORTGAGE PASS- v7a ~ L-' ~ ,T' O J THROUGH TRUST 2004-2, ASSET-BACKED ~ CERTIFICATES, SERIES 2004-2 ~ c-~ Plaintiffs} ~ rte-- ~ ._.t t~ JOAN B. HARRISON C~' ^ Defendants J u! wil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in acourt-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 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 he filed 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 arguments 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. THIS PROGRAM IS FREE. Res tfull fitted: Date a shwood, Esquire Atto y fo Plaintiff FORM 2 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 counseling agency. Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: _ Cell: Other: Email: # of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes & Insurance: _ Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: yew; Amount owed: Value: Other transportation (automobiles, boats motorcycles Model: Year: Amount owed: Value Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2• Monthly Gross Monthly Net 3. Monthly Gross Monthly Net 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 Mort a e Food 2na Mort a e Utilities Car Pa ent s Condo/Nei h. Fees Auto Insurance Med. not covered Auto fuel/re airs Other ro a ent Install. Loan Pa ment Cable TV Child Su ort/Alim. S endin Mone Da /Child Care/Tuft. Other Ex enses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAF) 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 and lender s loan servicing company: Lender s Contact (Name): Phone: Servicing Company (Name): Contact: Phone: UWe, ,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. UWe understand that Uwe am/are under no obligation to use the counseling services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: 1. Proof of income 2. Past 2 bank statements 3. Proof of any expected income for the last 45 days 4. Copy of a current utility bill 5. Letter explaining reason for delinquency and any supporting documentation (hardship letter) 6. Listing agreement (if property is currently on the market) ~ i i t , ~.- l.. `;"L .~,....'. PHELAN HALL[NAN & SCHMIEG, LLP Joseph P. Schalk, Esquire PA ID No. 91656 126 Locust Street Harrisburg. PA 17101 215-563-7(100 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFI"I~ OF THE CERTIFICATEHOLDERS OF THF, CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2004-2 7105 CORPORATE DRIVE PLANO, TX 75024 v. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 12-5569 Civil CUMBE~,RLAND COT rNTY JOAN B. HARRISON 10 LIBERTY DRIVE MOiJNT HOLLY SPRINGS, PA 17065-1022 Defendant CIVIL ACTION -LAW AMENDED COMPLAINT IN MORTGAGE FORECLOSURE: File #: ?90474 NOTICE You have been sued in Court. If you wish to defend against the claims set 1-~,~rth in the following pages, you must take action within twenty (2Ci) days after this Complaint: and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court }%our defenses or objections to the claims set firth against you. You are ~~rarned 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 ONCL. IF' YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOiJT HIRING ,~. LAWYER. IF' YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BI: ABLE TO PROVIDE YOU WITH INFORMATION ABOUT .AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 170 ] 3 (7l~)249-3166 (800) 990-9 ] 08 File #: 2904 ~~ 1. Plaintiff is THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2004-2 7l OS CORPORATE DRIVE PLANO, TX 75024 2. The name and last known address of the Defendant are: JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1022 who is the mortgagor and real owner of the property hereinafter described. 3. On 12/18/2003 JOAN B. HARRISON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR FULL SPECTRUI~,~ LI?NDING, INC'. which mortgage is recorded in the Office of the Recorder of Deeds o1f~ CUMBERLAND County, in Mortgage Book 189, Page 1789. A copy of the Mortgage is attached hereto, incorporated herein, and marked as Exhibit "A." By Assigmnent of Mortgage recorded 05/15/2006 the mortgage was assigned to PLAINTIFF `,~hich Assignment is recorded in Assignment of Mortgage Book 0727, Page 0265.. A eopy of the Assignment of Mortgage is attached hereto, incorporated herein, and marked as Exhibit ~.B ~- 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2011 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of Mortgagor to make such payments after a date. specified File ~' ?90474 by written notice sent to Mortgagor, the entire principal balance and all interest due 6. thereon are collectible forthwith. The following amounts are due on the mortgage as of 07/06/2012: Principal Balance $163,781.80 Interest $3,320.39 07!01 /2011 through 07/06/2012 Late Charges $0.00 Property Inspections $674.00 Escrow Deficit $3,346.82 TOTAL $a 71,123.01 7 8 Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If E-efendant has received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pw•suant to Pennsylvania Law. Notice of Intention to Foreclose as set forth in Art 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date set forth thereon. A copy of the Act 6 Notice, redacted to remove personal account identifying information, is attached hereto, incorporated herein, and marked as Exhibit `'C.'' File tl~ 290474 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $17l .123.01, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCH,~VIIEG, LLF' P Plaintiff Filc #: <90474 VERIFICA'1'1(JtV _~ _ '.P~~~ ~,~~~t~ _ hereby stalesth,-the/she is L~~, ,~T~~r W~,~ _ , ~~-,~ ofRANK GF ,~1?~11/R9f~r~, N.A„ servicing; went ft;r I'laintiff~in this matte~~. that he/she is authorircd t~~ ~nal:e thi; Veri~ication., and verify that the statements ~~~ade in the forc~e~ing Amended (~iv~l -~~,=:ion in M<~~rtga~~ C~orec:9ost7xe are true and correct to the best of leis/her information and belief. Clue undcrsi~r~cd understands that this staternei~t is made subjti°ct to the penalties of 18 I'a. t`.S. Sec. 4004 relafin~ to unsworn falsification to authorities. t-'filer: ~<){;474 P '_ :tile; .. . , ~~,M,: 1~,,~~ 'Title: ~~ t.; `~„.. y , ~ ~ ~ ;Qc,__ I3AI`!K OF ~1.MERICA, N.A., SI;l~1'IC;INCJ AtF;'.tizT FOR TIIF~ BANK (7F ~Ik?~ Yt)RK MfI.I.ON T~KA "I'.I-1T; BANK ()I; _~I~ ~~ YOR;I~ n.S TRISTEE FOR 'f~FII~ I3I~'vl~;F~"IT O~I~~` I F-I~? CkR"I'~(l~~I~C'A~l'f~,IiC)l.i)I~;IZS Oh "CHT::~= C,`WA~S INC., ASSET-I3At"KI?i:~ CER"ITFICA TI~,S, SERII:;S '7004-4:' LEGAL DESCRIPTION ALL, that certain tract of land situate in the Borough of 1Vlount Holly Springs, Cumberland County-, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 19$9 and recorded in Plan Book 64, Page 90 as follows: BEGINNING at a point in western right-of--way line of Liberty Drive at corner of Lot No. 8 on said Plan; thence along Lot No. 8, South 70 degrees 27 minutes 10 seconds West 100.48 feet to a point on eastern right--of--way of PA Route 94; thence along right-of--way line of PA. Route 94, North 20 degrees 03 minutes 31 seconds West 87.00 feet to a point; thence along Lot No. 6 on Plan. North 70 degrees 27 minutes 10 seconds East l O1.Z6 feet to a point in western right-of--way of Liberty Drive; thence along said line of Liberty Drive, South 19 degrees 32 minutes SO seconds East 87.00 feet to a point the Place of BEGINNING. C'ON"1,AINING 0.2015 acre and designated as Lot No. 7 of Liberty Woods. BEING part of the same premises which Oakwood Homes, Inc., by 1:-eed dated June 30, 1995 and recorded July 3, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 124, page 662, granted and. conveyed unto Paul H. I-Taut, .ir. and Elizabeth M. Hallet_ husband and wife. ANL) BEING the same premises which Paul H. Haut, Jr. and Elizabeth M. Hallett, husband and wife_ by deed dated and recorded even date herein in the Office of the. Recorder of deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Joan B. Harrison. r~~e ~~ zyoa~a PROPERTY ADDRESS: 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 1706.5- 1022 PARCEL # 23-35-2316-065 F~iz ~_ ?yo~a~~ Exhibit "A" ~~ r20EERT P. ZIEGLFR RECOfiGE~t CF DEED$ C'!~17ERLAtI~i COt1N1'1"-i'.'~, ' ~)3 iJfC 23 f'I'1 1 52 nr~~r u~,.,,~,+,..,. De,.._. T-. :Prepared By. CHL ERAINER THODIPSON X111{~11~8~1{I{II~I~18H{NCI{~If~{{~1{ll~i~{I~l~{I{~{I~111111~flN{ ]>_3C35N23b6-065 610 @41203532 Q2 001 001 ~`" (Space Above This T.u~e t ml; Datal - (Escrow/Closing 9) [Doc ID lf] MORTGAGE MIN DEFINTTIONS Words used in multiple sections of this document aze defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regazding the usage of words used in this document are also provided in Section 16. (A) "Security Ynstrument" means this document, which is dated nEC>;rtBER 18, 2093 , together with ail Riders to this document. (B) "Borrower" is JOAN B HARRISON Borrower is the mortgagor under this Security Instrument, PENNSYLVANIA • Single Family -Fannie Mae/Freddle Mac UNIFORM INSTRUMENT WITH MERS Page 1 of 16 InlB ~jj~®6A(PA) (0206) CHL (06/02)(d) VMP MORTGAGE FORMS - (800)521.7291 FOr~T1 3039 1101 tANVNA ~Y~V M ~I B~t1849PG1789 DOC iD #: (C) "HERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a sepazate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this Security Instrument. MFRS is organized and existing under the }au~s of Delaware, and has an address and telephone numbc;r of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-HERS. (D) "Lender" iF FULL SPECTR~JM LENDING, INC. Lender is a CORPORATION organized and existing under the laws of CALIFORNIA Lenders address is 4500 Park Granada, Calabasas, CA 51302 (E) "Note" means the promissory note signed by Borrower and dated DECEMSER 18, 2003 The Note states that Borrower owes Lender ONE HUNDRED THIRTY FOUR THOUSAND FIVE HUNDRED and 00/100 Dollazs (U.S. $ 134, 500.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full no[ later than JANt]ARY O1, 2034 (F') "Property" means the properly that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Rote, plus interest, any prepayment char);es and late charges due under the Note, and all sums due under this Security Instmment, plus interest. (lI) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders aze to be executed by Borrowex [check box as applicable]: 0 Adjustable Rate Rider ~ Condominium Rider Q Second Home Rider ^ Balloon Rider ~ Planned Unit Development Rider ~ 1-4 Family Rider 0 VA Rider ~ Biweekly Payment Rider Q Other(s) [specify] ARM (I) "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 al applicable fna[, non-appeatablejudicia opinions. {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, horneowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or rnagnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such. term includes, but is not limited to, point-of-sae transfers, automated teller machine; transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (N?) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third pazty (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 pazt 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. mma~r !~~ 6A(PA) (c¢06) CHL (O6/02) page 2 of ~s Form 3039 1/0't e~ ~ s~~~~ y 7~0 DOC ID #: (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, e Loan. (O) "Periodic Payment" means the regularly scheduled amount due; for (t) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument, (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et segJ and its implementing regulatron, Regulation X (24 C.P.R. Pazt 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. A.s used in this Security Instrument, "RESPA" refers to al] requirements and restrictions that aze imposed in regazd to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any pazty that has taken title to the Property, whether or not that pazry has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS 12d THE PROPERTY This Security Instrument secures to Lender: {i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (i) 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 MFRS, the fallowing described property located in the COUNTY Of CUMBERLAND ITyF~e of Recording Jurisdiction) [Name of Recording jurisdiction] gee attached exhibit "A" which currently has the address of 10 LIBERTY DR, MT. HOLLY SPRINGS (screeuc;tyl Pennsylvania 17065 ("Property Address"): (Zip Codel TOGETHER WTfH all the improvements now or hereafter erected on the property, and al] easements, appurtenances, and fixtures now or hereafter a part of the property. Al] 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 MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS s ominee for IMt~is: ~~6A(PA) (n20fi) CHL (06!02) Page 3 of 16 Farts 3039 tl01 BK 1849PG 1791 DOC ID A: ~~ Lender and i.ender's successors and assigns) has the right: to exercise any or all of t ose interests, me u tng, but not limited to, the right to foreclose and sell the Property; and to take any actieu required of Lender including, but not limited to, releasing and canceling this Secuury Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Properly and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paytnent of Principal, Interest, Escrow Items, Prepayment Charges, and Lade Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment chazges and late chazges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instmment sha]! be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security lnstrument is returned to Lender unpaid, Lender may require that any ox al] subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (e) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits aze insured by a federal agency, instrumentality, cr entity; or (d) F,IecVOnic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments aze insufficient [o 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 [o 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 aze accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. ]:f 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 be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to Jate charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Paymc;nt which includes a sufficient amount to pay any late chazge due, the payment may be applied to the delinquent payment and the; Inltla s: ~® 6A(PA) (0206) CHL (06102) page 4 of 16 Form 3039 1101 BK 1849PG 1792 DOC ID $: ~~ late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is 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 chazges 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 a• encumbrance on the Property; (b) leasehold payments or ground rents~on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and {d) Mortgage Insurance. premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage insurance premiums in accordance with the provisions of Section 10. These items aze called "Escrow Items." At origination or at any time during the temp of the Loan, Lender may require [hat 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 Borrowers obligation to pay the Funds for any or al] Escrow items. Lender may waive Borrowers 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 famish to Lender re:ceipGS evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payfinents and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instmment, as the phrase "covenant and agreement" is used in Set:6on 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Bounwer fails to pay the amount due for an Escrow Item, Linder may exercise its rights under Section 9 and pay such amount and Boaower shall then be obligated. under Section 9 to repay to Lender any such amount Lender may rrvoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section l5 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 }2ESPA, and (b) not to exceed the maximum amount a ]ender can rexluire under I2ESPA. 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 12FSPA. Lender shall not chazge 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 anv interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall bc; paid on the Funds. Lender shall give to Borrower, without chazge, an annual accounting of the Funds as required by 1tBSPA, Initials. ~© 6A{PA) (0206) CHI. (06!02) Pagc 5 of 16 Farm 3039 1101 ~#(I 8~a9PG 1793. DOC ID #• If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess [ands in accordance with RESPA. If there is a shoriage 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 R.I:SPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by R.ESPA, and Bormwer shall pay to Lender the amount necessary to make up the deficiency in accordance with R:ESPA, 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 Ihmds held by Lender. 4. Chargrs; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items aze Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly dischazge 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 Lenders opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject [o a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days cf 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 Bouower to pay acne-time chazge 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 hen;after erected on the Property insured against loss by fire, hazards included within Ehe team "extended coverage," and any other hazazds including, but not limited to, eazthquakes and hoods, for which Lender requ'~es insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What amender requires pursuant to the preceding sentences ran change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent chai:ges each time remappings or similar changes occur which reasonably might affect such determination or cerfification. Borrower shall also be responsible for die payment of any fees imposed by the Federal Emergency Management Agency in connection with the rrview of any flood zone determination resulting from a~ objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender mazy obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any pazticulaz type or amount of coverage. Therefore, such coverage shall cover ]:ender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and mif;ht provide greater or lesser coverage than was previously in effect. Borrower acknowledges Initlals: ®6A(PA) (0205) CHL. (06/02) ~ page 6 of 56 / Form 3039 1101 ~~ BK 1849PG 1794 DOC ID #: that die cost of [he insurance coverage so obtained might significantly exceed the cost of insurance t a Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall beaz 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 Lenders right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certiftcates. 3f Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, [he Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional foss 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. bender'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 Lenders 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 no[ be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retavted 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 cazrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed dte amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under tell insurance policies covering the Property, insofaz as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Prnperry or to pay amounts unpaid under the Note or this Security Instrument, whether or no[ then due. 6. Occupancy. Bon•ower 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 Borrowers principal residence for at least one yeaz 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. (~~ 6A(PA) (0206) CHL (06102) Page 7 of 16 Inltlals: Form 3D39 1101 $f{ 1849PG 1795 DOC ID $: . 7. Preservation, IVlaintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property [o deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that xepair 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, [he Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Tender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or .restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give. Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrowers knowledge or consent gave rnaterially false, misleading, or inaccurate information or statements to Lander (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but aze not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Right`s Under this Security instrtment. 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 Lenders 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. I,endei s actions can include, but aze not limited to: (a) paying any nuns 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 [he 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 boazd up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities fumed 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 no[ taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall bea~me additional debt of Borrower secured by this Security Instrument. These amounts shall beaz 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 Secmiry Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. if Borrower acquires fee title to the Property, [he leasehold and the fee title shaI] not merge unless Lender agrees to the merger in writing. c Inlitals: l~0 6A(PA) (0206} CHL (06/02) Page a of 16 E Form 3039 1107 $K i 8~9PG 1796 • DOC ID ~- 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shalt pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the rortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums requin;d to obtain coverage substanflally equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mon:gage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, bender can no longer require loss reserve payments if Mortgage Insurance coverage (in the; amount and for the period that Lender requires) provided by an insurer selected by Under again becomes available, is obtained, and Lender requires separately designated payments toward the prt;miums for Mortgage: Insurance: If Lender required Mortgage Insurance as a condition of making the Load and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or [o provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with aray written agreement. between Borrower and Lender providing for such termination or until termination is required by Applicable. Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other pazties that share or modify their risk, or reduce losses. These agreements aze on terms and conditions that aze satisfactory to the mortgage insurer and the other pazty (or parties) to these . agreements. These agreements may require the mortgage insurer [o make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the ]Vote, another insurerr, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a shaze of the insurer's risk in exchange for a shaze of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further.: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements wit[ notincrease the amount $orrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b} Any such agreements will not affect the rights Borrower has - if any - cviW respect to the Mortgage Insurance under the Homeowners Protectiton Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellatimr of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the 6me of such cancellation or termination. c l~-6A(PA) (o2osJ CHL 06/02 Inltlals: m ( ) Page9 0(76 Form 3039 1101 L $K l 849PG { 797. DOC ID #: I1. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned [o and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of thr. Property, if the restoration or repau is economically feasible and Lender's security is not lessened, During such. repair and restaraton period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has fiad an opporEUniry to inspect such Property to ensure the work has been completed to JLender'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 le!sened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, wi¢h the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the paztial taking, destruction, or loss in value is equal to or greater than [he amount of the sums secured by this Security Instrument immediately before the paztial taking, destruction, or loss in value:, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Inswment shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the paztial taking, destructiion, or toss in value divided by (b) the fair mazket 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 paztia[ taking, desuvction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or Loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing ?arty (as defined in the next sentence} offers to make an awazd to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date Ehe notice is given, Lender is authorized to co]lecE and apply the Miscellaneous Proceeds either to restoration or repair of the Property or [o the sums secured by this Security Instrument, whether or not then due. "Opposing Pazry" means the third pazty that owes Borrower Miscellaneous Proceeds or the pazty against whom Borrower has a right of action in regard to Miscellaneous ?roceeds. Borrower shall be in default. if any action or proceeding, whether civil or crimimd, is begun that, in :.ender s judgment, could result in forfeiture of the Property or other ,naterial impairment of Lender's interest in the Praperty or rights under this Security Instrument. Borrower can cure such a default and; if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a -cling that, in Lender's judgment, precludes forfeimre of the Property or other material impairment of bender's interest in the Property or rights under this Security Instrument. The proceeds of any awazd or claim for damages that aze attributable to [he impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. Inlilals:. ~~ 6A(PA) (02x31 CHL (O6(n2) Page 10 of 16 ~ Forln 3(t39 1/Ot SK i $~9PG i 798 DOC ID $: AlI Misctalaneous Proceeds that aze not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or madiFcation of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate ~(o release the liabilify of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borower 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 forbeazance by Lender in exercising any right nor remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Sua;essors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or precludle the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and. several. However, any Borrower who co-signs this S<:curiry Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, giant 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 Sectrity Instrument, and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regazd to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instnuent. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instnuneni shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender, 14. Loan Charges. Lender may chazge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lenders interest in the Property avid rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regazd to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to 3orrower shall not be construed as a prohibition on the chazging of such fee. Lender may not chazge fees that <ue expressly prahibited by this Security Instrument or by Applicable l:aw. If the Loan is subject to a law which sets maximum loan chazges, and that law is fiinally interpreted so [hat the interest or other loan chazges collected or to be collected in connection with the Loan exceed the permitted limits„ then: (a) any such loan chazge shall be reduced by the amount necessary [o reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to I3orrgwer. 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 ~i partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrowers acceptance of any such refund made by direct payment. to Borrower will eonstitute a waiver of any right of action Borrower might have azising out of such overchaz,ge. lnltlals -6A(PA) (0206) CHL (Ofi/02) Page it of 16 Form 3039 1/01 L BED 18~9PG ! 799 DOC ID #: _~ 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to al] 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 $orrower'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 dme. Any notice to Lender shall be given by delivering it or by mailing iE 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 arty notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under [his Security Instrument. 16. Governing Law; Severability, Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument aze subject to any requiremCn[s and ]imitations of Applicable Law. Applicable Law might explicitly or implicitly allow the pazties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. Irt 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 con-esponding neuter words or words of the feminine gender; (b) words in the singulaz shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the 1Vote and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Iorrower. As used in this Section 18, 'interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, chose beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a ;future date to a purchaser. If al] or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lenders prior written consent, Lender. may require immediate payment in full of al] surrts secured by this Security Instmment. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section ]5 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior co the expiration of this period, Lender may invoke arty remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a} f.ve days before sale of the Property pursuant to any power of sale contained in this Security Initials: ®6A(PA) (0266) CHL (06/02) Page 12 of 16 Form 3039 1/D1 Bi{ I $~9PG 1800 DOC ID #: Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instnment. 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 of protecting Lenders interest in the Property and rights under this Security Instnunen[; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrurnent, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fonts, 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 aze insured by a federal agency, instrumentality or entity; or {d) Electronic )?unds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Nofe; Change of Loan Scrvicer; NoGcc 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 re:;ult in a change in the entity (known as the "Loan Scrvicer'") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more t:hanges of the Loan Scrvicer unrelated to a sale of the Note. If there is a change of the Loan Scrvicer, Borrower will be given written notice of the change which will state the name and address of the new ]'..oan Scrvicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a :Loan Scrvicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Scrvicer or be transferred to a successor Loan Scrvicer 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 [o this Security Instrument or that alleges that the other party has breached any provision of, or any dory owed by reason of, this Security Instrument, until Such Borrower or Lender has notified the other pazty (with ;;uch notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other pazty hereto a reasonable period after the giving of such notice to take corrective action. If Applicable haw provides a time period which must elapse before certain action can be taken, that time period will be deerr ed to be reasonable Cor purposes of this paragraph. The notice of acceleration and opportunity to cure given to Botrower pursuant to Section 22 and the notce of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazazdous Substances" :tre 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 pesticiides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) '°Environmental Law" means federal laws and Iaws of the jurisdiction where the Property is located that relate Inltlats -6A(PA) (ozcsl CHL (06!02} Page 1a of is Form 3039 1101 o ~~ BI(.1$~9PG ! 80 I DOC ID #:~~ 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 Cle:mup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, oz threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in 'violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the ;presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the: Property. The preG,ding 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 [o, hazazdous 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, dischazge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a F[azazdous Substance which adversely affects the value of the Property. If Borrower Teams, or is notified by any governmental or regulatory authority, or any private pazry, that any removal.or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actionssn accordance with Environmental Law. Nothing herein shall create any obligation em Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender firrther covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Iustrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required te~ cure the default; (c) when the default must be cured; and (d) That failure to cure the default as specified. may result in accelferation of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of fhe Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. H 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 entiticd to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not lhmited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Inswment, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument Borrower shah pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. ®6A(PA) (0206} CHL (1T6/62) Page 14 of 16 Inltlals: Form 3439 1/gf BK [ 8~9PG 1802 ,~ DOC ID ~: 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption, 25. Reinstatement Period. Borrowers time to reinstate providai in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 2b. Purcbase Money Mortgage. If any of the debt secured by this Security Instrument is lent [o Borrower to acquire title to the Property, this Security Instrument shall. be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (, L / t s~.,w .~. ~3~7tt~Q,t1y~-~ (Seal) ---~-- N B. HARAISON -Borrower NA(PA) (02061 CHL (06102) Page 15 of 16 (Seal) -Borrower (Seal) -Borrower (Sea]) -Bo[rowcr Form 3039 1101 g~ 18t~~PG i 803 DOC ID #: Certificate of Ttesidence I , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this day of Agent of Mortgagee COMMONWEALT~H~ /OF PENNSYL'VA~~N//111A, ,~„e„~u.(1~..,~? On this, the /d''"' day of ,U[,i.ca.,w~.r.Q~r/ e a0~' 3 undersigned officer, p-~er~sona~ll1y appeared ~O /9 ti7 /d. /7 ~'~2 ! S o nJ County ss: before me, the known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the sazne for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: /~ / / ~) ANN B, S~!$Q~l~ MO~iAIry PU8[1C (•!/JrT~.• ~~~ SRO CUMBEptAND COONTY exwlt£s Mar ~a zoos ~® 6A(PA) (trios( CHL (08/02) BK i 849PG 1804 Inldakr Page 16 of 16 orm 3039 1101 l ~ { EXHIBIT "A" LEGAL DESCRIPTION 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA. 17065 ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvana, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989 and recorded in Plan Book 64, Page 90 as follows: BEGINNING at a point in western right-of--way line of liberty Drive at corner of Lot. No. 8 on said Plan; thence along Lot No. 8, South 70 degrees 27 minutes 10 seconds West 100.48 feet to a point on eastern right-of way of PA Route 94; thence ril;ht-of way line of PA Route 94, North 20 degrees 03 minutes 31 seconds West 87.00 feet to a point; thence along Lot No. 6 on Plan, North 70 degrees 27 minutes 10 seconds East 101.26 feet to a point in western right-of way of Liberty Drive; thence along said line of Liberty Drive, South 19 degrees 32 minutes 50 seconds East 87.00 feet to a ,point the Place of BEGINNING. CONTAINING 0.2015 acre and designated as Lot No.7 of Liberty Woods. BEING part of the same premises which Oakwood Hornes, Inc., by Deed dated June 30, 1995 and recorded 3uly 3, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 124, page 662, granted and conveyed unto Paul H. Haut, Jr. and Elizabeth M. Hallet, husband and wife. AND BEING the same premises which Paul H. Haut, Jr. and Elizabeth M. Hallett, husband and wife, by deed dated and recorded even date herein in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Joan B.Harrison., After Recording Retum To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91910-0923 (Space Above Titis Line Far Rcenidiug Dnlu] ADJUSTABLE RATE RIDER {LIBOR Index -Rate Caps) PARCEL ID #: 23-35-231~i-065 Prepared By: ERAINER TI30MPSON 075399 !Escrow/Closing B1 ~oc MULTISTATE ADJUSTABLE RATE RIDER -LIBOR INDEX -Singly Fatuity CONV Inlllals, • BC -ARM Rlder ((1)~-" 1 U193•XX (09Po1)(d} Page 1 of 4 ' 2 3 9 9 1 0 4 1 2 0 3 5 3 2 0 (1 0 0 0 1 U i 9 3" 1IJ°p, O ~o O ~ p~ Batt l!y .8K 1849PG ! 806 DOC ID #:~~ THIS ADfUSTABLE RATE RIDER is made this EIGHTEENTH day of DECEMBER, :?003 ,and is incorporated into and shall be deemed to amend and supplement the Mortgage;. Deed of Tmst, or Dccd to Secure Dcbt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note [o CULL SPECTRUM LENDING, INC. {the "Lender") of the same date and covering the property described in the Security ]nswmcnt and located at: 10 LIBERTY DR, MT. HOLLY SPRINGS, PA 17065 [Property, Addmssl THE NOTE CONTAINS PROVISIONS ALLOWINCy FOR CHANGE:i IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE L[MITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE 80RROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Inswment, Burrower and Lender further covenant and agree as follows: A. INTERESTC RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 8 . SOC `%n. The Note provides for changas in tht: interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest tale I will pay may change on the first day Of JAN[JARY, 2007 and on that day every sixth month thereafter. Each dale on whicPi my interest raft could change is called a "Change Date:' (B) The Index Beginning with the first Change Datc, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month ILS. dolIaz-denominated deposits in the London mazkcd ("LIBOR"), as published in Tl:e Wafl Street Journal. The most recent Index (figure available as of the date 45 days before cacti Change Date is called the "Current Index." If the Index is no longer available, the Noic Holder will choose a new index that is based upon compamblc information. The Note Holder will give me notice oC this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my nrw interest rate by adding SIX & THREE-QUARTERS percenlagepoin[(s)( 6.750 ~o) to the Current Index. The Nole Initial CONV • BC • ARM Rider 1U193-XX (09ln5) Page 2 of 4 eu~s~+~PC~so~ DOC ID #:~ Holder will then round the result of this addition to the nearest one eighth of one pert .n gc Subject to the limits slated in Section 4(D} below, this raundcd amount will be my new interest rate until flee. next Change Dale. The Note Holder wit[ then determine the amount of the monthly payment that would be suffscicnt [o repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity daft at my new interact rate in substantially equal payments. The result of this calculation will be the new amount of mgr monthly payment. (D) Limits on Interest Ratc Changes The intcrersl rate I am required to pay at the first Change Dale will not be greater tho-an 10.00 0 % or Tess than 8.500 % .Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE & ONE-HAI,P percentage point(s) ( 1 .500 %) from the rate of interact 1 have been paying for the preceding six months. My intcrest rate wil3 never be greater than 15. S00 % or less than 8.500 °k. (E} Effective Date of Changes My new intcrest rate wilt become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Dalc until the amount of env monthly payment changers again, ~ Notice of Changes The Nole Holder wiq deliver or mail to me a notice of any changes in my interact rate and the amount of my monthly payment before the effective date of any change. The notice will include information rcyuircd by law to be given me and also the tit[c and telephone number of a person who will ansvvcr any question I may (rave rcgazding the notice. A. TRANSFER OF THE PROPERTY OR A BENEFICLAL llVTEREST llV BORRCiWER Uniform Covenant 18 of the Security Instrument is amended to read as Collows: . Transfer of the Property or a Beneficial Interest in Borrower. A.s used in this Section 18, "]nlcrast in the Property" means any Icgal or bcncficial intcrest in.lhe Properly, including, but nal limited to, those beneficial interests transferred in a bond for decd, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If alt or any part of the Property or any Interest in the Property is sold or Iransferrcd (or if a $orrowcr is not a natural person and a bcncficial intcrest in Borrower is sold or transferred) without Lender s prior written consent, Lender may require immediate payment in Full of all sums secured by this Security Instrument. However, this option shat! not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a} Borrower causal to be submitted to Lender information required by Lender to evaluate the intended transfcrce as if a new loan were being made to the trattsfeme; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach o;f any covenant or agreement in this Security Instrument is acceptable to Lender. t:ONV Inltl~h • BC - ARtN Rider (C/ 10193-XX (09/o1) Page 3 of 4 BK.1849P61808 DOC ZD N: To the extent pcrmittcd by Applicable Law, Lcndcr may charge a reasonable lfcc as a condition to Lenders consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement shat is acceptable to Lender and that obligates the transfcrrc to keep all the promises and agrcernents made in the Notc and in this Security Instrument Borrower wi31 continue to be obligated under the Note and this Security Instrument unless Lender re(casas Borrower in writing, IC Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice oC acceleration. The notice shall provide a period of not lass than 30 days from the daft the notice is given in accordance with Section 15 within which Borrower must pay al- sums secured by this Security Instrument. If Borrower fails io pay these sums prior to the expiration of this period, Lender may invoke any remedies pcrmittcd by this Security Instrument without further notice or ; demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. \~ ~CI,(S~l (Se~11) JOAN HARR3 SON -Dorm\vcr CONY • BC -ARM Rlder 10793-XX (09/91) Page 4 of 4 I Certify this to be recorded In Cumberland County PA `•. ~..v-~.a~-~ a , f u' ~ ~ ~-t..r ~~~ Y~.,. Recorder of Deeds Blt 18~9PG ~ 8{l9 _ ($C8 ~) OoROw cr _ ($Cal) DORON'Cr _(Sral) DORO\': CC .~ Exhibit "B" CORR}C'I'1Vli ASS1C:\hIFN•1' OF 11ORTGACE To carreci assignee name to rellect'1`HE BANK OF Nk:V4` Y"ORK MFLLON FKA TAi BANK QF t'VEW 4'C)I2K r+~5 IRCSI'Ii:E Ff_lR T11E BENEFIT OF'1'FIE CERTIFICATEIIOLDERS OF TH[; CW'ABS INC.. ASSET-}f;"<CKI:I} 4:_~ERTIFECA'hES, SERIES 2044-2; Original assignment oI mortgage recorded in Cumberland County. Petsrtts} lv:rttia on 11511.512006, Book 737, Page. 365. KNO1`~ fal.L h1LN LiY "1'}iLS} 1'RFSFN`l'S that N1OR'I'GAC,'E ELL:G"IRONIC REG[STFW'I7()N SY"ST'E)k1S. 1N(_. AS :l NOll3I Y}+,E FOR hull Spectrum Lending, Inc. hereir3afler Assigner , k:or and in consideration of the surn <>f~tiP•fL !?C)t..L.AR. (~..C~0} lati~•1ia( t+x~ncy unto it in hand paid by THIS- BANK. OF NEW YORK 1111sLLON FICA TIIE BANK OF NF,1V YORK :14 'i'RUS'TEF. F(}R 7HE BENEFIT OF 'IHE CE.RTIFICA'I'EHOI.I)ER5 OF "I'HE C't'4'ABS INC., .ASSET-BACKED CER"I.€FICATES, SERIES 3004-2, "Assignee," the receipt whereohis ackrowlertged, has g:anted, hargatnec3_ s'?ld, assigs~ted, trarsferrcti and set over unto the saki Assignee, its srtccessors atxl assigns, ALL. THAT CERTAI?v lndentiuc c>f !utartgt L ;nren grid executed by JOAN B. RARRISON Co MOR"IGAGE ELECTRONIC REGISTItA.TION SYSTF;NIS. IR'(~. AS A NO1t4INEE FOR Full Spectrum Lending, Inc., bearing the date 12;18;3003, in the atnr~unt of $134.504.0{}, said Glortgage~ being recd*dcd ar, IZIZ~%%2003 in the COUniy of CIi~A•1BERLAND, C=oznmanweaith~ of Penrsyivania, in $onk 18491. Pale 1?89, InstrnnzEcnt M1n. 2003€i}i904,'41IN: 10001570003566G282_(VIERS Phnne#-1-888-fi7Q-{,377. 4 Mauu i ;ink; it i:44~? :i5 n 'tcr;ses: 10 LIBERTY DRIVE, 1S1OL:NI' IIOI.I:Y SPItINCS, PF.NNAYL'L%;q:M1i.4 1"• 0G5 t~1ta trar~tiier ol~ilte mortgage and acccatnpanytng riglas ~,c~as effective at the time ff:e loar3 was sold and consider ten htrs=mod to t}te '~,;g^ a 'Ehis as.br,: ?ent is soicly intcndec? to dest:eibe the instritmer>t scld ir, a manner sttEtrt;eut to put third ,. rr:R i,; >n p::hhc ?i:~Ct CE' C:i a iAl hri~ ~?f (3: ~Ol~{. tngetY.e~ ~~~ittt all 1<igh+.s, Remedios atnd inaderas thereunti~ belonging. ~1ttd alt its Right, 'I'itEe, irtta'est, Prr~pi:rtt-, C;tttr~ and ~.7ettland. !G atai FQ ChC 5&ille: 1 ^".) lI?11L'.. il{ ~t i} R}~<<E7VE AND Ta.KE. all and singi,lar the ereditamerts and premises t;rantcd and assigr~~f, of r.r~at~:,ne.d ;t,ci ages ~.:d so *o bc, ~.~•ith the agpurtenanees unto 1? s~igt Ee; i<.~s :occeasors and assi,n~, to ;and for its onl}~ pope ~ t:~c~_ h: irsi~t. 1"J 1'V'1"1 'sF~.S` ~' H.3RGC1F%, the said Assignor ltas caused Phis d:>rumen= to 1?: drily axecuiesi tst.< (~ day of MI'tRTGAGF ELF~C'IRONIC RF;GISTRITIO'ti SYSTEMS, INC. AS A NO'41INF,E FOR//jjF~ull SPectrnErt Lcncling, Inc. `vante: ettAkYANN F~r'ERdtRN itlc: ASSiSTAkt! sFixte-rA1~ ,~CKNO~v~.I;DCtiq~:~~ ~ rte of t arr{or vi o ant; < ' ~~~ l !~~(h,• .?rt J C ~ ~ ~ 2Q EL~_ before me, K_im Nellurrt, Nat~r~/ Pt1bIIC _ _ _ pc°t cna i~: air ~„xcd - -__ (insert n rme and nIle uF th oft cer} I~ARYA`xIN I-IIFRl~~~r u~hcr ;rro~~ed to rrte c?n the tisac, -:,:;ti,f~,a;taa?}. :.,t~18xa~ .u 1><~ the Jc,.>.,i,~,; who~sc nante(sj n~aae subscribed to the within instrumar.t ttnd aektrtrwledged to n~~ tl.c?t he'~lc',he}' accu~~e: the: same ,n leis/her'tl~eir autlrori~ed capacity(ies1, and that by hr., },cr`t<_err Si~t.zrtnrul) cn rho i~a~tnnn~.it 'h~ n ~r_en(s'?, ~- the ei t * por. beh<< f of which the 1~erson{sj acted. ~xeeuted the instnt,_tent. c`~lif~ t,tiee; PE~1Al_"T'1" C3}~ PE.KJC?RY rrrader the l,ws s;f t:ie State of California that tl;e foregoi'1r ltra:~f..t~>:r t~ .rte anc ..one:'t. '~V;7't~~';~ eny hr:rrti ar:: offcial scat. SiKnature _ __:. _ ~,,.-.,,,~_ CSeaP,: PH'g t' 200474 Address CertiJicArtion to fn(lvcv nn Page 2 _ K~k~1 ~}~Er[ ~~ry ~. ~ ~;~:\. ~~?*i?~+E. #19394: t,: °; ~~~ : t=:ota: d Pu6~IC-Cat79om~ 'n _` ~ r r~s RFPdGELES COUNlY C'er ttf~cutti,+n 1'uge ~~. luc~ci ;e ad,ses~ c~{ i3e within namc:l After retarding return to: !lssignne i ~~ P6efan Hallman & Schmieg, I:L~P 'IOS CCIRPORATE pR1VL; i617 di'K Bui~levard; Suite 19613 1'I,ANC}. TX 751124 Cane Ptnn Center Plaza }Jocumenl Executian~ 3. Phif:3dctphia, PA 191413 I?tIS #: 2911474 _. _____ Bankof America S~ fSO1tK L02115 PO Box 9048 Temecula. CA 92589-°048 Send Payments [o: P.O. Box ~ 5222 Wilmington. DE '198F365222 Send Correspondence [o: PO Box 5'170. MS SV314B Simi Valley. Cn 93065 II~~~I~~1~M~~INIVI~~ 20110118-7 i~~~l~l^~~Irl~nll~llllll~~nll~r~lllil~~rlll,ll,.l~lll,l~~il Joan B Harrison 10 Liberty Dr Mt. Holly Springs, PA 1 706 5-1 022 B L:.TPA 1 12870 12123 2010 Banko#America ~~~ Home Loans F.O. Box 660694 Dallas, 7X 75266-0694 Send Payments ro: F.O. Box 15222 Wirmington. DE 19886-.5222 January 14, 2011 Joan B Harrison 10 Liberty Dr Mt. Holly Springs. PA 17065-1022 Account No.:~ Property Address: 10 Liberty Dr Mt- Holly Springs, PA 17065-1022 Current Servicer: BAC Home Loans Servicing, L_P ACT 91 N OTI C E TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortaaae on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached gaaes The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM {HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can het ou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counselina Aaencv The names addresses and phone numbers of Consumer Credit Counselina Agencies serving your Co u_ my are listed at the end of this Notice If you have any questions you may call the Pennsvlvanta Houstna Finance Aaencv toll free at 1-800 342 2397 {Persons with impaired hearing can call 1-71 7-78 0-1 8 691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUES AF ECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA LIN PRESTAMOI POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL FtUEDE SALVAR SIJ CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME{S): Joan B Harrison PROPERTY ADDRESS: 10 Liberty Dr Mt. Holt S rin s PA 17065-1022 LOAN AGCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: BAC Home Loans Servicing. LP, a subsidiary of Bank of America. N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME: FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. This communication is from BAC Home Loans Servicing, LP, the BanF; of America company chat services your home Ivan. Please write your accourM number en all checks and correspondence. lNe may charge you a tee (of up to $40.00)for any payment returned or rejected by your financial instnulion, subjed to app'.icable law. BLOPAt 12870 12/232010 Payment Instructions: Account Number: Hake yon, cnork payable t~: BAC Joan B Harrison Balance Due for charges listed above: $2,91J0.78 as of January 14, 2011 . H Mme Loans Servicing, l.F' 1 ~ Liberty Dr Please update emar ~nformascn on the reverse side o(thls coupon. o-ern send case' Mt. Holt S rin s, PA 17065-1022 • P':ase Incudc coupon with }vur y {~ g Addi6mal p~3v'n P.nl PIIRCifMI ©LQPA' Fcr all. lull mcnth payment periods. AtldR~araf Interest s calculated on a monthly basis. I r l r l I I I I I I I, I I I. I Fsaow Accordingly, hNeresl ter autuu months. I ~~'I'I~~'I ~1~1~111'I 1~1 I"I"I~ ~"' ~ II'I ~I III indading February. is calculated as BAC Home Loans Servicing, LP :3J1360 of annual interest, trrespeclive of PO BOX 1 5222 Check the actual nurnue~ of days In the month. Iola' For pallet months. Interest Is calculated Wilmington, DE 1 9886-5222 ~~ daly rm me bass, nt a sse day year_ 1 _g00-669-6654 0412035321000002'900730002917D73 ~:58 6 9900 58~:t, ~ 20353211' IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY' REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stary of foreclosure on your mortgage for Thirty (30) days from the date of thi~> Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY 30 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for Thirty (30} days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling aaencies for the rAUnty in which the property is located are set forth at the end of this Notia~. It is only necessary to schedule one face-to-face meetrng. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and :are unable to resolve this problem with the lender, you have the right to apply for financial assistancefrom the Homeo~Nner's Emergency Mortgage Assistance Program. To do so. you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within Thirty (30) days of your face-to=face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU GO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funcls for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing F=finance Agency has sixty (60) days to make a decision after it receives your a{}plication. During that time, no foreclosure proceedings will be pursued against you if yc7u have met the time requirements set forth above. Yota will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage As;sistance.} NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 10 Liberty Ur Mt. Holly Springs, PA 17065-1022 IS SERIOUSLY IN DEF AULT because YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months ;and the following amounts are now past due: Monthly Charges: 11/011/2010 12l011,~201 O Late Charges: 11/0'1/2010 Other Charges: Uncollected Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable) $1,055.23 $2,128.56 $ 75.7 2 $ 0.00 ($189.24} ($169.54) $2,900.73, HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,900.73 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by ~ ashier's check certified check or money order made payable and sent to: BAC Home Loans Servicing, LP at P.O. Box 15222, Wilmington, DE 19886-5222. This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your homE loan. E-mail use: Providing your a-mail address helom~ wil allow us to send you information on your account. Account Number ?1203532 Joan B Harrison E-mail adtlress' How we post your payments: All accepted payments of principal and interest will be applied to the longest outs*.anding installment due, unless otherwise expressly prohibited or limited by law. If you submit an amount in addition to your scheduled monthly amount we will apply your payments as follows: (i) to outstanding monthly payments of principal and interest, (ii) escrow deficienaes, (iii) late charges and ciher amounts you owe in connection with your lean antl (iv) to reduce the outstanding principal balance of your loan. Please speafy if you want an additional amount applied to future payments, rather than principal reduction Postdated checks: Postdated checks will he processed en :he date received unless a loan counselor agrees tc honor the date written on the check as a conditir:~n of n repayment plan. You can cure anv other default by taking the following action within THIRTY ;30i DAYS of the date of this Ietter~Do not use if not applicable) IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30} DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made vvithin THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE tS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incuirred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the tender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - Tt~ie lender may also sue you personalty for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured they default within ths~ TFi1RTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with ';he Sheriff's Sale as specified in writing by the lender and by performing any other requirements underthe mortgage.. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgage property could be held would be approximately six (6) months from the date of this Notice, A notice of the actual date of the Sheriff's Sale wiil be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER.: Name of Lender. BAC Home Loans Servicing, LP Address: P. O. Box 660694 Dallas, TX T5266-0694 Phone Number: 9-800-669-6654 Fax Number: 9-897-230-68~~ Contact Person: MS TX2-977-01-93 Attention: Loan Counselor We are currently developing a process to ensure secure email communications for your Home Retention inquiries. In the interim, please contact us at the telephone number or address provided. EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING' INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF IVO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.j TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANl•' OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOIJ BELIEVE YOU MAY HAVE TO SUCH ACTION B'Y THE LENDER. TO SEEK PROTECTION UNDER ,-HE FEDERAL BANKRUPTCY LAW. Your loan is in default. Pursuantto your loan documents, BRC Home Loans Servicing, LP may, enter upon ancJ conduct an inspection of your property. The purposes of such an inspection are to (i) observe they physical condition of your property, (ii) verify that the property is occupied and/or (iii) determine the identity of the occupant. If you do not cure the default prior to the inspection, other actions to protect the mortgagee'<: interest in the property (including, but not limited to, winterization, securing the property, and valuation services) may be taken. The costs of the above-described inspections and property preservation efforts will be charged to your account as provided in your security instrument. If you are unable to cure the default on or before February 13, 2011, BAC Home Loans S~=rvicing, LP wants you to be aware of various options that may be available to you through BAC Home Loans Servicing, LP to prevent a foreclosure sale of your property. For example: - Repayrrrent Plan: It is possible that you may be eligible for some form of payment assistance through E3AC Home Loans Servicing, LP. Our basic plan requires that BAC Home Loans Servicing, 1_P reaaive, up front, at least '/ of the amount This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home laarr. necessary to bring the ,account current, and that the balance of the overdue amount be paid, along with the regular monthly payment, over a defined period of time. Other repayment plans also are available. • Loan Modification: Or, it is possible that the regular monthly payments can be towered through a modification of the loan by reducing the interest rate and then adding the delinquent payments to the current loan balance. This foreclosure alternative, however, is ' invited to certain loan types. • Sale of Your Property: Or, if you are willing to sell your home in order to avoid foreclosure, it is possible that the sale of your home can be approved through BAC Home Loans Servicing, LP even if your home is worth less than what is owed on it • Deed-in-Lieu: Or, if your property is free from other liens or encumbrances, and if the default is due to a seriousfinancial hardship which is beyond your control, you may be eligible to deed your property directly to the Noteholder and avoid the foreclosure sale. If you are interested in discussing any of these foreclosure alternatives with BAC Home Loans Servicing, LP, you must contact us immediately. If you request assistance, BAC Home Loans Servicing, LP will need to evaluate whether that assistance will be extended to you. In the meantime. BAC Home Loans Servicing, LP will pursue all of its rights and remedlies under the loan documents and as permitted by law, unless it agrees otherwise in writing. Failure to bring your loan current or to enter into a written agreement by February 13, 2011 as outlined above will result in the acceleration of your debt. If your loan is currently being evaluated for a loan modification, forbearance or other loan assistance solution, this notice will not cancel or delay that evaluation process. However, it is important that you promptly respond to all requests made in connection with your evaluation for a loan assistance solution, including all requests for you to contact us and any documentation required. If you do not comply with Yhese requests in a ttme~ly manner, it may cause your loan to enter the foreclosure process as indicated in this notice. If your loan is not eligible for a loan assistance program, please note this letter will continue to serve as notice of our right to initiate foreclosure. Time is of the essence. If you have any questions concerning this notice, please contact Loan Counseling Center immediately at 1-800-669-6654. This communication is trom BAC Home Loans Serviang, LP, the Bank of America company that services your home loan. Atta •, h ment: Item i Monihiv Charges: Late Charges: Other Charges: nation of Charges and Fees 11/01/2010 - 11/30/2010 12/01/2010 - 01/31/201'1 11/01/<!010 - 12!31!2010 Uncollected Late Charges: INSPECTION-OCCUPIED Partial Payment Balance: @ $1 ,05523 @ $1..,064.28 @ $37.86 TOTAL DUE: $'1,055.23 $'7_,128.56 $7 5.72 3;O.oo $524.00 169.54 $2,900.73 This communication is from BAC Home Loans Servicing, LP, the Bank of America company that services your home loan. 224 582964 2 ~~ONSI JMER CREDIT COUI~TSELING AGENCIT;S SERVING YOUR COiJN"T1 CUMBERLAND COUNTY CCCS of Western PA Maranatha PHFA 2000 Linglestown Roan 43 Philadelphia Avenue 211 North Front Street Harrisburg, PA '!710: Waynesboro, PA 17268 Harrisburg, F'A 17110 888. S 11.222 7 717.762.328 5 717.780.3940 888.511 2227 800.3422397 Canmurnty Acuon Commission of Captial PA Interfaith Community Programs Inc Region 40 E High Street 1514 Derry Street Gettysburg, PA 17325 Harrisburg, PA 17104 717.334.1518 71 7.232.9757 This communication is from BAC Home Loans Servicing, LP, the Bank of America company i.hat services your home loan. Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your income and expense information available so we can discuss which option(s) could work for you. Options to consider if your goal is to stay in your home <.? ,: Home _. _... A federal government program that allows you to repay the loan on newly agreed upon terms, which Affordable may include lowering the interest rate, placing past due amounts at the end of the loan, and/or Modification extending the term of the loan. You may be eligible for this prograrri if you meet the: following Program requirements: {RAMP) The home is your primary residence and you currently live in it. The amount you owe on the first mortgage is equal to or less than $729,750 for asingle-family home, 5>934,200 fora 2 unit property, $1 ,129,250 fora 3 unit property or $1,40;3.,400 fora 4 unit properly + You have experienced a hardship that has impacted your incorrie. For example}, a significant increase in your mortgage payment OR reduction in your income OR other hardship. • Your mortgage was obtained before Jan. 1, 2009. Your payment on your first mortgage (including principal, inieresst, taxes, insurance and homeowner's association dues, if applicable) is more than 31 % of your current gross income. To calculate this, divide your first mortgage payment by your gross income (income bet-ore taxes). Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the loan up Reinstatement io date until the day of your foreclosure sale. Repayment A temporary agreement which allows for the repayrrient of the unpaid, past due amount along with Plan regular mortgage payments. This may include principal, interest. fee=_s, and/or costs ;assessed to your loan. Temporary An agreement whereby we agree not io proceed with foreclosure and/or collection of payments for a Forbearance period of time, to allow you to re-establish your abililly to make the required payments. Agreement Loan Repay the +oan on newly agreed upon terms, which may include Io~Nering the interest rate, placing Modification amounts past due at the end of the loan, and/or extc°nding the term of the loan. {non-RAMP} Partial Claim If you have a Federal Housing Administration (FHA) loan and your payments are past due but you {FHA loans are now able to make your regular monthly mortgage payment, this program is designed to bring your only) loan up to date by creating a second mortgage/lien on your property for the amount that is past due. ~ . Options to consider if you cannot or do not wish to stay in your home Program <: :.:..:.:..... Home Designed to help borrowers who are eligible for the Home Affordable Modification Program (RAMP) Affordable but were unsuccessful in securing a permanent modification through the program. HAFA provides the Foreclosure option of a short sale and, if unsuccessful, a deed in lieu of foreclo:>ure. A short sale is a transaction Alternatives in which you self your property for less than the total amount owed on the loan (subject to agreement Program by your servicer/lender/investor), resulting in the release of our lien. on your home and avoidance of {HAFA) foreclosure:. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfer ownership of your property to us in order to avoid foreclosure. Short Sale/ Offered to borrowers who are not eligible for HAMF' or other home retention alternatives. With a short Preforeclosure sale, you sell your property for less than the total amount owed on the loan (subject to agreement by Sale your servic;erJlender/investor), resulting in the release of our lien ors your home anti avoidance of {non-HAFA) foreclosure. Deed in Lieu of Offered to borrowers not eligible for RAMP or other home retention alternatives, and who were not Foreclosure able to sell the property through a short sale. With a deed in lieu of foreclosure. yoc. agree to (non-HAFA) , voluntarily transfer ownership of your property to us in order to avoid foreclosure. ,y:.- We are here to help you. Please call us today. 2245829642 Hay Opciones Disponibles Para Ayudarle ai Evitar la Ejecucion Hipotecaria Llame al numero que aparece en la notification adjunta pars obtener mas information Cuando (lame, tenga Ia information de sus ingresos y gastos disponibles para que podamos ciiscutir cual option{es) pueden funcionar para usteci. Onciones a considerar si su objetivo es permanecer en su casa f*r~t~~rar~~ Des~rtx~ Home Affordable Un programa del gobierno federal que le permite pagar el prestano bajo los nuevos terminos que pueden incluir la reduccibn de la tasa de interes, agregando la cantidad adeudada acordados Modification Program (HAMP) , al final del prestamo, y / o extender el plazo del prestamo. Usted puede ser elegible para este programa si cumple con los siguientes requisitos= a casa es su residencia principal y aciualmente wive en ella. L _ La cantidad adeudada en la primera hipoteca debe ser igual .o menos que $729,750 dblares para una vivienda unifamiliar, $934,200 dblarE:s para una propiedad de 2 unidades, $1,129,250 dblares para una propiedad de 3 unidades o $>1,403,400 para una propiedad tie 4 unidades • Ha experimentado una dificultad que ha afect:ado sus ingresos. Por ejemplo, un aumento significativo en su pago hipotecario O reduccibn de sus ingresos U otras dificuitades. Obtuvo su hipoteca antes del 01 de enero 2009. • Su pago de la primera hipoteca (incluyendo principal, interes., impuestos, seg~.~ro y cuotas de asociacibn de propietarios, si se aplica) debe ser mes del 31 `% de sus ingresos brutos actuates. Para calcular esto, divida su pago hipotecario por sus ingresos brutos (ingresos antes de impuestos). ._. Restablecimiento Si usted puede traer sus pagos del prestamo hipotecario al dia, s.e le acepiaran'os fondos del Prestamo necesarias para que el prestamo este al dia hasty la fecha de la yenta judicial. Plan de Pago Un acuerdo temporal que permite el pago de la cantidad adeudada, cantidad del pago atrasado junto con los pagos regulares de la hipoteca. Esto puede incluir principal, interes, honorarios y/o costos aFrlicados a su prestamo. Acuerdo Un acuerdo por el cual nos comprometemos a no proceder con I:a ejecucibn hipcsl:ecaria y/o Temporal de coleccibn de pagos por un periodo de tiempo, para permitirle que restablezca su habilidad de Tolerancia hater los pagos requeridos. Modification de Pagar el prestamo bajo los nuevos terminos acordados, que puede incluir la reduction de la tasa Prestamo de inieres, agregando la cantidad adeudada al final del prestamo, y/o extender el plazo del {no por medio prestamo. de HAMP) _. Reclamo Partial Si usted tiene un prestamo de la Administracibn F=ederal de Vivienda (FHA) y sus pagos est~n {solamente vencidos, pero ahora puede hater sus pagos regulares mensual~es de la hipoteca, este programa prestamos de la esta disenado para que su prestamo este al dia mediante la creation de una segunda hipoteca ! FHA) gravamen sobre su propiedad por la cantidad adeudada. ___ Opciones a considerar si no puede o no desea quedarse en su casa . ;.. 13esGtEITO€c~r>I Home Disenado Frara ayudar a los prestatarios que son elegibles para el Programs de Home Affordable Affordable Modification (HAMP), pero no tuvieron exito en obtener una modificacibn permanente a traves del Foreclosure programa. HAFA ofrece la posibilidad de una venia coma y, si no tiene exito, una entrega de Alternatives escritura para evitar juicio hipotecario. Una yenta corta es una lransaccibn en la que usted vende su Program propiedad por menos de la cantidad adeudada en el prestamo (sujeto a previo acuerdo de su (HAFA) adminisirador /prestamista / inversionista), resultando en la liberacibn de nuestro cerecho de retencibn sobre su propiedad y evitar la ejecucibn hipotecaria. Una entrega de escritura para evitar juicio hipotecario es una transaccibn en la que usted est3 de acuerdo de transferir •voluntariamente las escrituras de su propiedad a nosotros con el fin de evitar la ejecucibn hipotecaria. Vents Corta/ Se ofrece <~ los prestatarios que no son elegibles para HAMP u otras alternativas de retencibn de Vents antes de hogar. Con una yenta corta, usted vende su propiedad por menos de la cantidad total adeudada en Ejecucion el prestamo (sujeto a un acuerdo por su administrador /prestamista / inversionista), resultando en la Hipotecaria {no liberacibn de nuestro derecho de retencibn sobre su propiedad y evitando la ejecucibn hipotecaria. por medio de HAFA) Entrega de Se ofrece ;3 los prestatarios que no son elegibles para HAMP u otras alternativas de retencibn de Escritura Para hogar, y que no pudieron vender la propiedad a traves de una venia corta. Con una entrega de Evitar Juicio escritura para evitar juicio hipotecario, usted estb de acuerdo a transferir voluntariamente las Hipotecario escrituras de su propiedad a nosotros para evitar la ejecucibn hipcdecaria. (no por medio _ de HAFA) ._.~__ Estamos aqui para ayudarle. Por• favor llarnenos hov. ' _i PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE ~ ~` `` ' D. TROY SELLARS, ESQUIRE `~, ~ ~''~TTORNF,YS FOR PLAINTIFF Identification Nos.: 91656/210302 126 Locust Street Harrisburg, PA 17101 Telephone: (215) 563-7000, Ext. 7365/1360 THE BANK OF NEW YORK MELLON FKA COURT OF COMMON PLEAS THE BANK OF NEW YORK AS TRUSTEE CUMBERLAND COUNTY, PENNA. FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS, Civil Division INC. ASSET-BACKED CERTIFICATES, SERIES 2004-2 7105 CORPORATE DRIVE No. 2012-5569-Civil PLANO, TX 75024, PLAINTIFF vs. JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1022, DEFENDANT CERTIFICATION OF SERVICE I hereby certify a true and correct time-stamped copy of the Plaintiff's Amended Complaint filed October 19, 2012, was served via certified and first class mail on October 25. 2012, to the person listed below: Stephen K. Portko, Esquire Bratic and Portko 101 South U.S. Route 15 Dillsburg. PA 17109 / l ,,/ DATE.: ___ J U l ~> /' Z ~ ~ ~ _~e,. --- Joseph P balk, Esquire and D. 'Troy Sellars, Esquire Attorneys for Plaintiff PH S#29047 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK COURT OF COMMON PLEAS AS TRUSTEE FOR THE BENEFIT OF THE CERTiFYCATEHOLDERS OF THE CWABS INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-2 CIVIL DIVISION Plaintiff NO.: 12-5569-CIVIL V. JOAN B.EARIWON CUMBERLAND COUNTY Defendant(§) To the Prothonotary: -T! Issue writ of execution in the above matter: C= __4 Amount Due $171,123.01 r- Interest from 02/05/2013 to Date of Sale $5,963.56 ($28.13 per diem) q W-n C=:: TOTAL $177,086.57 fhelan Haffinam;ffP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Note: Please attach description of property. PHS#290474 A0 U a tc> ,OF 1©3. IS t it LL. &I 4. Mile W lot TW BANK O NF. YO, :� F s x•; V. JOAN .HMO Filed: Address where papers may be served: X � ,. JUAN B.H4 I$ON Iraq„Id.Na 2Q3(334 I 1 PA S NG AVENUE Attarney for Plaintiff CARLISLE,PA 17013 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mount Holly Springs,Cumberland County, Pennsylvania,bounded and described in accordance with a Plan prepared by Walter N.Heine Associates,Inc., dated December 8, 1989 and recorded in Plan Book 64,Page 90 as follows: BEGINNING at a point in western right-of-way line of Liberty Drive at comer of Lot No. 8 on said Plan;thence along Lot No. 8,South 70 degrees 27 minutes 10 seconds West 100.48 feet to a point on eastern right-of-way of PA Route 94; thence along right-of-way line of PA Route 94,North 20 degrees 03 minutes 31 seconds West 87.00 feet to a point;thence along Lot No. 6 on Plan,North 70 degrees 27 minutes 10 seconds East 101.26 feet to a point in western right-of-way of Liberty Drive; thence along said line of Liberty Drive, South 19 degrees 32 minutes 50 seconds East 87.00 feet to a point the Place of BEGINNING. CONTAINING 0.2015 acre and designated as Lot No. 7 of Liberty Woods. TITLE TO SAID PREMISES VESTED IN JOAN B. HARRISON by PAUL H. HAUT, JR. and ELIZABETH M. HALLETT,husband and wife, dated 12/18/2003,recorded 12/23/2003 in BOOK 260 PAGE 4886. PREMISES BEING: 10 LIBERTY DRIVE,MOUNT HOLLY SPRINGS,PA 17065-1022 PARCEL NO.23-35-2316-065 PHELAN HALLINAN,LLP FILED-OFFICE Attorneys for Plaintiff Adam H. Davis,Esq., Id. No.203034 OF THE PROTHONOTART 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza 2013 APR I I AM 10" 20 Philadelphia, PA 19103 215-563-7000 CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW COURT OF COMMON PLEAS YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC.,ASSET- CIVIL DIVISION BACKED CERTIFICATES,SERIES 2004.2 Plaintiff NO.: 12-5569-CIVIL V. CUMBERLAND COUNTY JOAN B.HARRISON Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non-owner occupied the premises is vacant Act 91 procedures have been fulfilled (X) Act 91 is Not Applicable pursuant to Pa Bulletin,Doc No 11-1197,41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. By: A2i�X­_AZV� Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff THE BANK OF NEW YORK MELLON FKA THE BANK COURT OF COMMON PLEAS OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., CIVIL DIVISION ASSET-BACKED CERTIFICATES,SERIES 2004-2 Plaintiff NO.: 12-5569-CIVIL V. CUMBERLAND COUNTY JOAN B.HARRISON Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC.,ASSET-BACKED CERTIFICATES,SERIFS 2004.2,Plaintiff m the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 10 LIBERTY DRIVE,MOUNT HOLLY SPRINGS,PA 17065-1022. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JOAN B.HARRISON 11 PARKER SPRINGS AVENUE r`.s CARLISLE,PA 17013 -0� w =-n r1n t7D �; tit:.. 2. Name and address of Defendant(s)in the judgment: t-- ""' Name Address(if address cannot be reasonably " Z n ascertained,please so indicate) )--n JOAN B.HARRISON 11 PARKER SPRINGS AVENUE C CARLISLE,PA 17013 �.t 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY-HEMAP P.O.BOX 15530 HARRISBURG,PA 17105 CONSTANTINOS J.MALLIOS 715 SANDBANK ROAD MOUTN HOLLY SPRINGS,PA 17065 PENNSYLVANIA HOUSING FINANCE 211 NORTH FRONT STREET AGENCY-HEMAP HARRISBURG,PA 17105 PHS #290474 5. Name and address of every other person who has any record lien on the property; Name Address(if address cannot be reasonably ascertained,please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS,PA 17065-1022 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR,STRAWBERRY SQ. BUREAU OF INDIVIDUAL TAXES DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG,PA 17128 DEPARTMENT OF PUBLIC WELFARE,TPL P.O.BOX 8486 CASUALTY UNIT,ESTATE RECOVERY WILLOW OAK BUILDING PROGRAM HARRISBURG,PA 17105 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING JOAN B.HARRISON CIO BRATIC AND 101 SOUTH U.S.ROUTE 15 PORTKO ATTN:STEPHEN K.PORTKO, DILLSBURG,PA 17019 ESQUIRE I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date;_ By: G � ,r�yyt �r-' �► Phelan Hallinan,LLP Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff PHS#290474 THE BANK OF NEW YORK MELLON FKA THE BANK OF : COURT OF COMMON PLEAS NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC.,ASSET- : CIVIL DIVISION BACKED CERTIFICATES,SERIES 2004-2 NO.: 12-5569-CIVIL Plaintiff VS. : CUMBERLAND COUNTY n t`a JOAN B.HARRISON Defendant(s) a rnto XM -v rni= NOTICE OF SHERIFF'S SALE OF REAL PROPERTY -<> o- TO: JOAN B.HARRISON =C:3 a 11 PARKER SPRING AVENUE ' ° "ice CARLISLE,PA 17013-2537 ' **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house(real estate)at 10 LIBERTY DRIVE,MOUNT HOLLY SPRINGS,PA 17065-1022 is scheduled to be sold at the Sheriff's Sale on 09104/2013 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street,Carlisle,PA 17013 to enforce the court judgment of$171,123.01 obtained by THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-2(the mortgagee)against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 31.29.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale,you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges,costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30)days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong)are filed with the Sheriff within ten(10)days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717)249-3166 (800)990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-5569-CIVIL THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-2 V. JOAN B.HARRISON owner(s)of property situate in the BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND County,Pennsylvania,being 1.0_LIBE Y DRIVE,MOB HOLLY SPRINGS,PA 17065-1022 Parcel No.23-35-2316-065 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $171,123.01 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mount Holly Springs,Cumberland County, Pennsylvania,bounded and described in accordance with a Plan prepared by Walter N.Heine Associates,Inc.,dated December 8, 1989 and recorded in Plan Book 64,Page 90 as follows: BEGINNING at a point in western right-of-way line of Liberty Drive at comer of Lot No. 8 on said Plan;thence along Lot No. 8,South 70 degrees 27 minutes 10 seconds West 100.48 feet to a point on eastern right-of-way of PA Route 94;thence along right-of-way line of PA Route 94,North 20 degrees 03 minutes 31 seconds West 87.00 feet to a point;thence along Lot No. 6 on Plan,North 70 degrees 27 minutes 10 seconds East 101.26 feet to a point in western right-of-way of Liberty Drive; thence along said line of Liberty Drive,South 19 degrees 32 minutes 50 seconds East 87.00 feet to a point the Place of BEGINNING. CONTAINING 0.2015 acre and designated as Lot No.7 of Liberty Woods. TITLE TO SAID PREMISES VESTED IN JOAN B. HARRISON by PAUL H. HAUT,JR. and ELIZABETH M. HALLETT,husband and wife, dated 12/18/2003, recorded 12/23/2003 in BOOK 260 PAGE 4886. PREMISES BEING: 10 LIBERTY DRIVE,MOUNT HOLLY SPRINGS,PA 17065-1022 PARCEL NO. 23-35-2316-065 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-5569 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-2 Plaintiff(s) From JOAN B. HARRISON (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)as follows: and to notify the garnishee(s)that:(a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $171,123.01 L.L.: $.50 Interest FROM 2/5/2013 TO DATE OF SALE($28.13 PER DIEM)-$5,963.56 Atty's Comm: Due Prothy:$2.25 Atty Paid: $210.75 Other Costs: Plaintiff Paid: Date: 4/11/13 f /� David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: ADAM H.DAVIS,ESQUIRE Address:PHELAN HALLINAN LLP 1617 JFK BOULEVARD,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for:PLAINTIFF Telephone:215-563-7000 Supreme Court ID No.203034 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.2003 92 2� 3 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 r 4-Y 'u,"8u,too cout I One Penn Center Plaza Philadelphia,PA 19103 justiii.kobeski@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE Civil Division CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, CUMBERLAND County SERIES 2004-2 Plaintiff No.: 12-5569-CIVIL V. JOAN B. HARRISON Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff,by its Attorneys, Phelan Hallinan, LLP,moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on September 10, 2012. 2. Plaintiff and Defendant agreed to a Consent Judgment on December 18, 2012. Damages were assessed on February 4, 2013 in the amount of$171,123.01. A true and correct copy of the Consent Judgment and Plaintiff's Assessment of Damages is attached hereto, made part hereof,and marked as Exhibit"A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item 784296 which can be calculated from the complaint,i.e. bringing the interest current. However,new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on September 4,2013. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $163,781.80 Interest Through September 4,2013 $7,124.14 Legal fees $2,225.00 Cost of Suit and Title $782.98 Property Inspections $335.00 Property.Preservation $1,801.81 Escrow Deficit $8,411.33 TOTAL $184,462.06 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law,Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9),Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 23, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9)and certification of mailing are attached hereto, made part hereof, and marked as Exhibit"B". 10. No judge has previously entered a ruling in this case. 784296 WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan, LLP DATE: 7/� By; -., 41-1 Justin F ores Esquire ATTO Y OR PLAINTIFF 784296 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE Civil Division CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, CUMBERLAND County SERIES 2004-2 Plaintiff No.: 12-5569-CIVIL V. JOAN B. HARRISON Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE JOAN B. HARRISON executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes,hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1022. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case,Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly,after it was clear that the default would not be 784296 cured,Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. 11. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of ajudgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbane Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty-Trust Co. of N.Y. v.Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh V. Ciongoli,407 Pa.Super. 171,595 A.2d 179(1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa.Nat. Bank,445 Pa. 117,282 A.2d 335 (197 1),that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid,Plaintiff must protect its collateral up until the date of sale. Beckman v.Altoona Trust Co.,332 Pa. 545,2 A.2d 1 784296 826(1939). Because ajudgment in mortgage foreclosure is strictly in rem,it is critical that the Judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (197 1). Plaintiff submits that if it goes to sale without the requested amended judgment,and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely,amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich,the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276(1978). In the within case,the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments-of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums,fire insurance premiums,taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. 111. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action,the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village 784296 Partnership v. Kimmel,424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270(1978). Permsylvania Rule of Civil Procedure 1141(a). However,Pennsylvania law requires that the foreclosure action demand judgment for the amount due. PaR.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition,the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the f6reclosure proceeding,Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested,and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire,Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. 784296 Most importantly,the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents,preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint,Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff's recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa.. 78 (1865);First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner,the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d,344(Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton 784296 Really,662 A.2d 1120 (Pa. Super. 1995). Plaintiff's legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. VII. COST OF SOT AND TITLE Pursuant to the terms of the mortgage,Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property,whether the Defendants are divorced(which could affect service of the complaint),and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff's sale.. Accordingly,the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 784296 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property,not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default,the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing,removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. 784296 Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid. out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage,then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE,Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan,LLP DATE: By: Justi n,k. tobe/ki,Esquire . Atto ey for r aintiff 784296 Exhibit "A" 784296 PHELAN HALLINAN&SCHMIEG,LLP By: COURTENAY R. DUNN,ESQUIRE Identification No.206779 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103-1814 Attorney for Plaintiff (215)563-7000 The Bank of New York Mellon fka the Bank of New York as Trustee for the Benefit Court of Common Pleas of The Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2004-2 Civil Division 7105 Corporate Drive Plano,TX 75024 No. 12-5569-CIVIL Plaintiff V. Cumberland County Joan B.Harrison 10 Liberty Drive Mount Holly Springs,PA 17065-1022 Defendant CONSENT JUDGMENT AND NOW,This_j day of EroC�_2012 it is hereby agreed by and between,The Bank of New York Mellon fka the Bank of New York as Trustee for the Benefit of the Certificateholders of the CWABS Inc.,Asset-Backed Certificates,Series 2004-2(hereinafter "Plaintiff'),by and through its counsel,Courtenay R. Dunn,Esquire and Joan B. Harrison,by and through her counsel,Stephen K.Portko(hereinafter"Defendant")as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 10 Liberty Drive,Mounty Holly Springs,PA 17065-1022(hereinafter the"Property"); 290474 WHEREAS,Defendant is the owner and mortgagor of the Property; WHEREAS, the Mortgage on the property is in default because monthly payments on the Mortgage due August 1,2011 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage,upon default in such payments for a period of i one month,the entire principal balance and all interest due thereon are due forthwith; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues raised in the Complaint and therefore,Plaintiff and Defendants agree as follows: 1. An in rem judgment is entered in favor of Plaintiff and against Defendant in the sum of$171,123.01 plus interest from July 6, 2012 and other costs and charges collectible under the Mortgage,for foreclosure and sale of the Property. 2. Plaintiff may immediately file the instant Consent Judgment with the Court. 3. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Mortgaged Property, including but not limited to real estate taxes and insurance, then Defendant will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. 4. Defendant will peacefully vacate the Mortgaged Property by the date of the Sheriffs Sale. 5. Plaintiff will give Defendant$2,500.00 in exchange for her vacating the property. 6. Defendant hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors,. representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing of Defendant's loan and the within foreclosure action. 290474 7. The foregoing represents the entire agreement of the parties and no modification, amendment or extension hereof shall be valid, unless in writing and signed by all signatories to this agreement. - 8. The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. 9. This Consent Judgment may be executed in counterpart. DATE: 2 Courtenay R.Dunn,Esquire Attorney for Plaintiff DATE:2_/I z Stephe A K. Portko,.Esquire Attorney for Defendant 290474 f.. C7 y T r n I' . Go '„�. c CD PHELAN HALLINAN, LLP < °' BY: COURTENAY R. DUNN, ESQUIRE Attorney I.D.No. 206779 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff 1 (215) 563-7000 The Bank of New York Mellon FKA The Bank of New York as Trustee for the Benefit Court of Common Pleas of the Certificateholders of the CWABS Inc., Asset-Backed Certificates, Series 2004-2 Civil Division 1 7105 Corporate Drive Plano, TX 75024 No. 12-5569-CIVIL Plaintiff V. Cumberland County Joan B. Harrison 10 Liberty Drive Mount Holly Springs,PA 17065-1022 Defendant PRAECIPE FOR IN REM JUDGMENT .AND ASSESSME,NT'OF:DAMAGES R TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against, Defendant JOAN B. HARRISON pursuant to the attached Consent Judgment, and foreclosure and sale of the mortgaged premises, kindly assess Plaintiff's damages against JOAN B. HARRISON as follows: As set forth in Complaint& Consent Judgment $171,123.01 TOTAL $171,123.01 Date: . . ..... Courtenay R. ,. unn;l;squi - Attorney for Plaintiff 290474 e Exhibit "B" 784296 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing.Lenders in Pennsylvania July 23,2013 STEPHEN K. PORTKO,ESQUIRE BRATIC AND PORTKO, 101 SOUTH U.S:. ROUTE 15 DILLSBURG,PA 17019 JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS,PA 17065-1022 RE: THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC.,ASSET-BACKED CERTIFICATES, SERIES 2004-2 v. JOAN B. HARRISON Premises Address: 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS,PA 17065 CUMBERLAND County CCP,No. 12-5569-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is,increasing the amount of the judgment. Please respond to me within 5 days,by 7/29/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very ro-y:yo Just" F.K:` e' ki,Esq.,Id. No.200392 A. ey r Plauitiff Ercosure 784296 , i o Name and Phelan Hallinan,LLP ([ CQ c Address 1617 JPK Boulevard,Suite'1400 to Of Sender One Penn Center Plaza.. (.4 N Philadelphia,PA 19103 KVM Line Article Number Name of Addressee Street and Post Office Address JOAN B.HARRISON JOAN B.HARRISON 10 LIBERTY DRIVE i MOUNT HOLLY SPRINGS PA 17065.1022 `\ f �` Noo 2 ww#• JOAN B.HARRISON sg. , I I PARKER SPRING AVENUE CARLISLE PA 17013-2537 3 ##kw STEPHEN IC PORTKO,ESQUIRE $0.45 7 BRATIC AND PORTICO .-� 101 SOUTH U.S.ROUTE 15 DILLSBURG PA 17019 RE:JOAN B.HARRISON CUMBERLAND PH a 78429611200 Page I of 1 $1,35 Tool Number of Total Numberor Mnas Ponomw,per(tteme of The full declAraion orwl-is mgwred on as domestic and intemati0nal tepnetM mal-The m ltiatta Lined by Sender Received■you OfFq R�dnt Emplo) for the teeortstnxtion of wo.smiibk daemnenta under Eqx u Mail deemaent tcoormmdion piece aubjm to limn of SS00,000 per tKamertx The vi"imum indemnity payable alt&press Mul merehondise n S50 The smimum indemnity payable is S25,000 for aeiuctcd mail.sent with optional insurance See Domenic Mal Ma,,A 8900 5913 and 5921 for lunitw o(covyrne Form 3877 Facsimile 784296 Phelan Hallinan, LLP Justin F. Kobeski, Esq., Id. No.200392 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 justin.kobeski@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE Civil Division CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, CUMBERLAND County SERIES 2004-2 Plaintiff No.: 12-5569-CIVIL V. JOAN B. HARRISON Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. STEPHEN K. PORTKO,ESQUIRE JOAN B. HARRISON BRATIC AND PORTKO, 101 SOUTH U.S. 11 PARKER SPRING AVENUE ROUTE 15 CARLISLE, PA 17013-2537 DILLSBURG,PA 17019 JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1022 Phelan Hallinan, LLP DATE: By: Justin . Kobesl ,Esquire ATT l=F R PLAINTIFF 784296 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE Civil Division CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, CUMBERLAND County SERIES 2004-2 Plaintiff No.: 12-5569-CIVIL V. JOAN B. HARRISON Defendant RULE AND NOW,this day of 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J. �CO G I�l c-- Alt, J. ICob�k� .-rJ � � J. u 7y O �n! 784296 • 3` Justin F. Kobeski,Esq.,Id.No.200392 Phelan Hallinan,LLP 1617 JFK Boulevard, Suite 1400 Philadelphia,PA 19103 TEL: (215)563-7000 FAX: (215)563-3459 STEPHEN K. PORTKO, ESQUIRE JOAN B. HARRISON BRATIC AND PORTKO, 101 SOUTH U.S. 11 PARKER SPRING AVENUE ROUTE 15 CARLISLE,PA 17013-2537 DILLSBURG,PA 17019 JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS,PA 17065-1022 784296 784296 C-) = PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H.Davis,Esq.,Id.No.203034 Mco � r-,— 1617 JFK Boulevard,Suite 1400 –0 70 C:) One Penn Center Plaza cf, -4 Philadelphia,PA 19103 =::,_ C) Adam.Davis@PhelanHallinan.com C-) = 215-563-7000 C:) Ei � IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE CUMBERLAND COUNTY BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF COURT OF COMMON PLEAS THE CWABS INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-2 CIVIL DIVISION Plaintiff, No.: 12-5569-CIVIL V. JOAN B.HARRISON Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY SS: As required by Pa.R.C.P.3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". - Adam H.Davis,Esq.,Id'No.201034 Attorney for Plaintiff Date: IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#784296 j;1 C7 Name and Phelan Hollimn,LLP Addrm 1617 JFK bcolowd,Suite 14W OF scn-jet no Oic Penn Center Plaza PhiladcIpMa.PA 19103 AZWCS-09'0412013 SALF, Line Article Number Narne of Addresw,Stmt,and Post Of irce Address TFNANTIOCCUPANr R $0.45 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS,PA 17065-1022 COMMONWEALTH OF PFNNSYLVANIA BUREAU OFINDIVIDUAL TAXES IN11FRITANCIS TAX DIVISION $0.45 6-l'Hf-LOOR,STk4WBERRV SQ. %Co 0 DEPT 280601 HARRISBURG,rA17138 CONSTANTINOS J..MAI.LIOS $OAS 715 SANDBANK ROAD MOUTN HOLLY SPIUKOS,PA 17065 4 DFPART"AIF—SIT OF PUBLICIVELFARP,TPLCASUALTV UNIT,ESTATE RECOVERY PROGRAM SOAS 1?O.BOX 9496 WILLOW OAK BUILDING HARRISRURG.PA 17015 5 PYNNSVIVANIA HOTlqTN(Z.FTNANCP.ACFArY-HV.MAP SOA; 211 NORTH FRONT STREET 'r P.D.BOX I SS30 HARRISBURG.PA 17105 6 DOMESTIC RELATIONS OF SOA5 CUMBERLAND COUNTY 13 NORTH HANOVER STREET CARETS PA 17013 7 CONIMONWEALTH OF PENNSYLVANIA $OAS DEPARTAIENT OF WELFARE P.O.Box 2615 HARRISBURG.PA 17105 8 IrfFERNAL REVENUE SERVI(X ADVISORY $OAS 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 9 rarr US.DEPARTMENT OFJUSTICP $OAS US.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT SrREETSUfTF.!2O PO BOX 11754 HARRISBURG PA 17108-17$4 10 JOAN 11.111ARRISON 00 BRATIC AND PORTHO, $0.45 A rTN:S I EPHEN K.PO RTKO,VS QU IR E 101 SOUTH U.S.ROUTE 15 DILLSKURG-PA 17019 RE!JOAN,11.HARRISON(CUNtUERLANP) P1IS#29047411021 Page I or 2 Nw.I T#u rn 7r.rf Nrmberef Taal Yrvmherer beer. Ibaru>kr.h.,':tame of � 'Ile ftlldxhnUmdxi r.ei.rgriaeE.a ali Jeax+?�:.d Lttem+riorW ro,�.+e davit'r1c.m.•taws m/e:m.ia pa�Wte y A600S9U—d 1421 Form 3877'Faesimile sri Name and phelml t1allillan,LLP Address 1617 JFK buttlevad,Suitc 1400 Mc-idtr One Penn Center Plata llhiladCplaa.PA 19103 Kvf%i Line Article Number Narne,of Addressee,Street,and Post Office Address I «f«« JOAN B.HARRISON ,JOAN B.HARRISON 10 LIRFRTY nRTVF MOUNT 14OLLV SPRINCS,PA 170651022 2 JOAN B,1AARRISON 11 PARKER SPRING AVENUE CARLISLE.PA 17013-2537 3 STEPHEN.K.PURTKO,ESQUIRE 50A5 BRATIC AND PORTKO a. 101 SOUTH U.S.ROUTE 15 DILLSBURG.PA 17019 RE:JOAN B.HARRISON CUMBERLAND PH it 78429611200 Page I of I 51.35 T"I N-1h.,or ToW ii—,x,orm o P.(fl— f aw-n oil -C No-s lima h)S.&' R—"i w Pad CIM& pits tebjta to a hom of W0,0 ry occistme.Tht"i2xiftum m&monypopbU on Expentllil$nr'F4wmt is 1510. R9003915 aj!m I W tm*ml—aww?o� Form 3877'Fa"Imile 784296 Phelan Hallinan, LLP Jonathan M. Etkowicz,Esq., Id.No.208786 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE Civil Division CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, CUMBERLAND County SERIES 2004-2 Plaintiff No.: 12-5569-CIVIL VS. JOAN B. HARRISON r air— Defendant r:) 3:>C.) CERTIFICATION OF SERVICE � I hereby certify that a true and correct copy of the Court's August 5, 2013 Rule Veefifig the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. STEPHEN K.PORTKO,ESQUIRE JOAN B. HARRISON BRATIC AND PORTKO 11 PARKER SPRING AVENUE 101 SOUTH U.S.ROUTE 15 CARLISLE,PA 17013-2537 DILLSBURG,PA 17019 JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS,PA 17065-1022 Phelan Hallinan, LLP DATE: j By: Jo_ an A Etkowicz,Esq.,Id. No.208786 Attorney for Plaintiff 784296 CIF 'I HE PROTHONOTARY Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 201 3 AIJG 29 AM11- &MEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza CUMBERLAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA Adam.Davis @PhelanHallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE Civil Division CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, CUMBERLAND County SERIES 2004-2 Plaintiff No.: 12-5569-CIVIL vs. JOAN B. HARRISON Defendant MOTION TO MAKE RULE ABSOLUTE THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2004-2, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on July 31, 2013. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on July 23, 2013 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable Albert H. Masland on or about August 5, 2013 directing the Defendant to show cause by August 26, 2013 why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 784296 4. The Rule to Show Cause was timely served upon all parties on August 13, 2013 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of August 26, 2013. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan Hallinan, LLP .4 DATE: < By: Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff 784296 Exhibit "A" 784296 PHELAN HALLINAN, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia,PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan, LLP Representing Lenders in Pennsylvania July 23,2013 STEPHEN K.PORTKO,ESQUIRE BRATIC AND PORTKO, 101 SOUTH U.S.. ROUTE 15 DILLSBURG,PA 17019 JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS,PA 17065-1022 RE- THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF THE CWABS INC.,ASSET-BACKED CERTIFICATES, SERIES 2004-2 v. JOAN B.HARRISON Premises Address: 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS,PA 17065 CUMBERLAND County CCP,No. 12-5569-CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9),1 am seeking your concurrence with the requested relief that is,increasing the amount of the judgment.Please respond to me within 5 days,by 7/29/2013. Should you have further questions or concerns,please do not hesitate to contact me. Otherwise,please be guided accordingly. Very,,Im[y. J'W; F Esq.,Id.No.200392 . es, kil Plaintiff toolas, 784296 Name and 'Phelan Hallinan,LLP 4f) n Address 1617 JFK Boulevard,Suite 1400 _ (�j ro Of Sender One Penn Center Plaza Philadelphia,PA 19103 KVM , ` ^n tai Line Article Number Name of Addressee,Stmt and Post Office Address 1 **•' JOAN S.HARRISON 501.45 `CA e JOAN B.HARRISON s`, a= 1 aCM Ir ! 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS PA 1'7065.1022 t too 2 *" JOAN B.HARRISON I I PARKER SPRING AVENUE CARLISL&PA 17013-2537 3 "*'• STEPHEN X PORTICO,ESQUIRE So.45 a' BRATIC AND PORTKO 101 SOUTH U.S.ROUTE 15 DILLSBURG PA 17019 RE:JOAN B.HARRISON CUMBERLAND PH N 78429611200 Page 1 of 1 $05 Tout Number or ToWNtimWorptem Postnuster,Pu{Nerve of The run declanitionorvalno isrequxed pn afl danestk and iMemMieaal ts�istasd mm1.The m Pines Listed by Sender Ftogev d ri Poo flake aeod inf Pmp") for the nzomw wo ofnamn:smiebk dwvw*S undo Ev"FWt doetaruat rcoautmuioe pioce s**0 to a limit of SS00.000 per ocoemmo,the maximum indcmaity payable m Fupross Mail mocbeosse n sw The maniusmo iodom iiy pt)abk is 923,000 for mpsuxd mail,rCO wid,COMA mtwrxooc.ace 0ow"k Mul Mamal a900$913 and 5911 rnr limitwions of - Form 3877 Facsimile a 1 s i i i 784296 Exhibit "B" 784296 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE Civil Division CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, CUMBERLAND County SERIES 2004-2 Plaintiff No.: 12-5569-CIVIL V. JOAN B. HARRISON Defendant RULE, AND NOW,this XLk day of 2013, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT =' vi 784296 Exhibit "C" 784296 Phelan Hallinan, LLP Jonathan M. Etkowicz, Esq., Id. No.208786 ATTORNEY FOR PLAINTIFF 161.7 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 jonathan.etkowicz@phelaiihallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE Civil Division CERTIFICATEHOLDERS OF THE CWABS INC.,ASSET-BACKED CERTIFICATES, CUMBERLAND County SERIES 2004-2 Plaintiff No.: 12-5569-CIVIL VS. JOAN B. HARRISON Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 5,2013. Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. IWSQLIJkI JAN-R; AAR- sON BRATIC AND PORTKO 11 PARKER SPRING AVENUE 101 SOUTH U.S. ROUTE 15 CARLISLE,PA 17013-2537 DILLSBURG,PA 17019 JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS,PA 17065-1022 Phelan.14allinata,LLP DATE; AA3Li,3 B y: Jo ,Ixn ,Etkowicz,Esq.,Id.No.208786 Attorney for Plaintiff 784296 Phelan Hallinan, LLP Adam H. Davis, Esq., Id. No.203034 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis @PhelanHallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE Civil Division CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, CUMBERLAND County SERIES 2004-2 Plaintiff No.: 12-5569-CIVIL VS. JOAN B. HARRISON Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy.of Plaintiff's Motion to Make Rule Absolute was served upon the following individual on the date indicated below. STEPHEN K. PORTKO, ESQUIRE JOAN B. HARRISON BRATIC AND PORTKO 11 PARKER SPRING AVENUE 101 SOUTH U.S.ROUTE 15 CARLISLE,PA 17013-2537 DILLSBURG, PA 17019 JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS,PA 17065-1022 Phelan Hallinan, LLP DATE: Z t7 </t� By: vM Adam H. Davis, Esq.,Id.No.203034 Attorney for Plaintiff 784296 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA Court of Common Pleas THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE Civil Division CERTIFICATEHOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, CUMBERLAND County SERIES 2004-2 C= Plaintiff No.: 12-5569-CIVIg= M ZZ C13 XM 7J �E7 ^r�xCf1 vs. t JOAN B. HARRISON v Defendant D� ORDER LL11 , AND NOW, this 7'day of fl13, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $163,781.80 Interest Through September 4, 2013 $7,124.14 Legal fees $2,225.00 Cost of Suit and Title $782.98 Property Inspections $335.00 Property Preservation $1,801.81 Escrow Deficit $8,411.33 TOTAL $184,462.06 Plus interest at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. co B HE COURT: J . ��n.Q.rsa.J 9/q//3 784296 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F ILC-1-0 i IC Sheriff r id � Ff;OtN0A1'7-1R�' 0,110 ai rrit 6r f Jt# Jody S Smith Chief Deputy r 2 CH.. ire i }. Richard W Stewart " CUMH-RLAND COUNN TY Solicitor QFF4CE OF THE SRSRIFF PENNSYLVANIA The Bank of New York Mellon vs. Case Number Joan B. Harrison 2012-5569 SHERIFF'S RETURN OF SERVICE 06/24/2013 04:53 PM -Deputy Noah Cline, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be RICHELLE HARRISON (DAUGHTER), who accepted as"Adult Person in Charge"for Joan B. Harrison at 11 Parker Springs Avenue, Middlesex Township, Carlisle, PA 17013, Cumberland County. 06/24/2013 07:23 PM - Deputy Noah Cline, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 10 Liberty Drive, Mount Holly Springs-Borough, Mt Holly Springs, PA 17013, Cumberland County. 09/04/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Joseph Schalk on behalf of The Bank of New York Mellon, F/K/A The Bank of New York as Trustee for the Benefit of the Certificateholders of the CWABS Inc.,Asset-Backed Certificates, Series, 2004-2, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $830.62 SO ANSWERS, November 20, 2013 RONW R ANDERSON, SHERIFF Az LPf•OD P,C. (c)CountySuite Sheriff,Teleosoft,Inc. On April 23, 2013 the Sheriff levied upon the defendant's interest in the real property situated in Mount Holly Springs Borough, Cumberland County, PA, Known and numbered as, 10 Liberty Drive, Mount Holly, Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 23, 2013 By: Real Estate Coordinator ZZ :"b V Z ! 8dd E10l LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2012-5569 Civil Term THE BANK OF NEW YORK MELLON VS. JOAN B.HARRISON Atty.:Joseph Schalk By virtue of a Writ of Execution No. 12-5569-CIVIL,THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE- HOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2004-2 v. JOAN B. HARRI- SON owner(s) of property situate in the BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND County, Pennsylvania, being 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065-1022. Parcel No. 23-35-2316-065. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$171,123.01. 59 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time,place and character of publication are true. L sa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 91 dav of August, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 �j '- The Patriot-News Co. �' W 1900 Patriot Drive i4e r10 e s Mechanicsburg, PA 17050 Inquiries -717:255-8213 NOW you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2012-5569CMI Term This ad ran on the date(s)shown below: THE BANK OF NEW YORK 07/28/13 MELLON VS. 08/04/13 JOAN B.HARRISON Atty- Joseph Schalk 08/11/13 By virtue of a Writ of Execution No. 12-5569-CIVIL . . . . . . . . . . . . . . . . . . . . . THE BANK OF NEW YORK MELLON FKA THE DANK OF NEW YORK AS TRUSTEE FOR THE BENEFrr OF Sworn to subscribed efore e s 2 day of August 2013 A.D. THE CERTIFICATE HOLDERS OF THE CWABS INC., ASSET-BACKED CERTIFICATES,SERIES 2004-2 V. JOAN B.HARRISON Public owner(s) of property situatd in the BOROUGH OF MOUNT HOLLY SPRINGS, CUMBERLAND County, Pennsylvania,being 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS,PA 17065-1022 COMMONWEALTH OF PENNSYLVANIA Parcel No.23-35-2316-065 Notarial seal (Acreage or street address) Holly Lynn Warfel,Notary:12,20]16 Improvements thereon: RESIDENTIAL Washington Twp.,Dauphin DWELLING My Commission Expires Dec. Judgment Amount:$171,123.01 MEMBER PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bank of New York Mellon as Trustee for the Benefit of the Certificateholders of the CWABS Inc. Asset-Backed Cert Series 2004-2 is the grantee the same having been sold to said grantee on the 4th day of September A.D., 2013,under and by virtue of a writ Execution issued on the 1 Ith day of April, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2012 Number 5569, at the suit of Bank of New York as Trustee for the Benefit of the Certificateholders of the CWABS Inc., Asset-Backed Cert Series 2004-2 against Joan B. Harrison is duly recorded as Instrument Number 201337490. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of 2rtr �a , A.D. _,?� � CG Recorder of Deeds Reco der of Deeds,Okbeftrid Coun Carlisle,PA My Commission Expires the First Monday of Jan.2014