Loading...
HomeMy WebLinkAbout13-3393 Supreme Co_ ' , V nnsylvania it Con oblmo leas For Prothonotary Use Only: # ° QViel'� t Docket No: 1S ^1:tjj, Cu _ r a a`� County 3 _ 33g3 te The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complainf ® Writ of Summons Petition ® Transfer from Another Jurisdiction 13 Declaration of Taking E Lead Plaintiff's Name: Lead Defendant's Name: C HSBC Mortgage Services, Inca Michael V. Kitner T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? ® Yes 0 No (check one) noutside arbitration limits O N Is this a Class Action Suit? ® Yes 0 No Is this an MDJAppeal? E3 Yes 0 No i A Name of Plaintiff/Appellant's Attorney: Andrew J. Marley, Esq. Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional ® Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection: Credit Card Board of Assessment 13 Motor Vehicle ® Debt Collection: Other Board of Elections ® Nuisance Dept. of Transportation Premises Liability Statutory Appeal: Other S n Product Liability (does not include mass tort) n— Employment Dispute: E ®Slander/LibeU Defamation Discrimination C r A Other: ® Employment Dispute: Other rA Zoning Board ®Other: T I 0 Other: O MASS TORT ® Asbestos N ® Tobacco ® Toxic Tort - DES 1- Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste ® Ejectment Other: � Common Law /Statutory Arbitration rl B ® Eminent Domain/Condemnation Q Declaratory Judgment ® Ground Rent r3 Mandamus Landlord/Tenant Dispute Q Non - Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLTTY E3 Mortgage Foreclosure: Commercial ®Quo Warranto 13 Dental 13 Partition 13 Replevin ® Legal ® Quiet Title ® Other: ® Medical ® Other: ® Other Professional: Updated 1/1/2011 STEVEN K. EISENBERG ESQUIRE (75736) o , KEVIN P. DISKIN, ESQUIRE (86727) �- LESLIE J. RASE, ESQUIRE (58365)" r CHRISTINA C. VIOLA ESQUIRE (308909) �r > CD STERN & EISENBERG, PC ;-- ;; — 'r ' CD THE PAVILION CD �M 261 OLD YORK ROAD, SUITE 410 � " -" JENKINTOWN, PENNSYLVANIA 19046.; TELEPHONE: (215) 572 - 8111 --> FACsimlLE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services Inc. 2929 Walden Avenue Depew, NY 14043 V. Civil Action Number: 13 Ciuif It°i�►'► Michael V. Kitner 1419 Pheasant Drive South Carlisle, PA 17013 -1260 COMPLAINT IN Defendant(s) MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE You have been sued in Court. If you wish to defend the claims set forth in the following pages, you must take action within twenty (20) days after this Civil Action and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Civil Action or for any other claim or relief requested by the plaintiff. You may lose money or property of other rights important to you. YOU SHOULD TAKE THIS PAPER TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE Q YOU WITH INFORMATION ABOUT HIRING A LAWYER. -*lp3,7 5 P13 af a9r8� PA Complaint I -A(CML Owner) 11 Dee I2Ver3.0 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717 - 249 -3166 PA Complaint 1 -A(CML Owmer) 11 Dec12 Ver3.0 STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG,PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services Inc. 2929 Walden Avenue Depew, NY 14043 V. Civil Action Number: Michael V. Kitner 1419 Pheasant Drive South Carlisle, PA 17013 -1260 COMPLAINT IN Defendant(s) MORTGAGE FORECLOSURE CIVIL ACTION - MORTGAGE FORECLOSURE This is an attempt to collect a debt and any information obtained will be used for that purpose. NOTICE NOTICE AVISO You have been sued in court. If you wish to Le han demandado a usted en la corte. Si defend against the claims set forth in the usted quiere defenderse de estas demandas following pages, you must take action within expuestas en las paginas siguientes, usted twenty (20) days after this complaint and notice tiene veinte (20) dias de plazo al partir de la are served, by entering a written appearance fecha de la demanda y la notificacion. Hace personally or by attorney and filing in writing falta asentar una comparencia escrita o en with the court your defenses or objections to the persona o con un abogado y entregar a la claims set forth against you. You are warned that corte en forma escrita sus defensas o sus if you fail to do so the case may proceed without objeciones a las demandas en contra de su you and a judgment may be entered against you persona. Sea avisado que si usted no se by the court without further notice for any money defiende, la corte tomara medidas y puede claimed in the complaint or for any other claim or continuar la demanda en contra suya sin relief requested by the plaintiff. You may lose previo aviso o notificacion. Ademas, la PA Complaint I -A(CML Owner) 11Dec12Ver3.0 money or property or other rights important to corte puede decidir a favor del demandante y you. requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede YOU SHOULD TAKE THIS PAPER TO A perder dinero o sus propiedades u otros LAWYER AT ONCE. IF YOU DO NOT HAVE derechos importantes para usted. A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET Lleva esta demanda a un abogado FORTH BELOW TO FIND OUT WHERE YOU inmediatamente. Si no tiene abogado o si CAN GET LEGAL HELP. THIS OFFICE CAN no tiene el dinero suficiente de pagar tal PROVIDE YOU WITH INFORMATION servicio, vaya en persona o flame por ABOUT HIRING A LAWYER. telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar IF YOU CANNOT AFFORD TO HIRE A donde se puede conseguir asistencia legal. 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 Lawyer Referral and Information Service (Asociacion de Licenciados Servicio de Referencia e Informacion Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717- 249 -3166 PA Complaint 1 -A(CML Owner) I Mecl W6.0 NOTICE PURSUANT TO FAIR DEBTOR COLLECTION PRACTICE ACT THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE /LIEN AGAINST REAL PROPERTY. PA Complaint 1 -A(CML Owner) 1113=12W6.0 w STEVEN K. EISENBERG, ESQUIRE (75736) KEVIN P. DISKIN, ESQUIRE (86727) LESLIE J. RASE, ESQUIRE (58365) CHRISTINA C. VIOLA, ESQUIRE (308909) STERN & EISENBERG, PC THE PAVILION 261 OLD YORK ROAD, SUITE 410 JENKINTOWN, PENNSYLVANIA 19046 TELEPHONE: (215) 572 -8111 FACSIMILE: (215) 572 -5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC MORTGAGE SERVICES INC. 2929 WALDEN AVENUE CIVIL ACTION NUMBER: DEPEW, NY 14043 COMPLAINT IN Plaintiff, MORTGAGE FORECLOSURE V. MICHAEL V. KITNER 1419 PHEASANT DRIVE SOUTH CARLISLE, PA 17013 -1260 Defendant(s). CIVIL ACTION/MORTGAGE FORECLOSURE 1. This is an action to foreclose a mortgage brought on behalf of Plaintiff HSBC MORTGAGE SERVICES INC. 2. The Defendant(s), MICHAEL V. KITNER ( "Mortgagor(s) ") are the real owner(s) of the mortgaged property hereinafter described. The last known address of Mortgagor(s) is 1419 PHEASANT DRIVE SOUTH, CARLISLE, PENNSYLVANIA 17013 -1260. PA Complaint 1 -A (CML Owner) 11DEC12ver3.0 1 �,/ w 3. Attached hereto as Exhibit A is a true and accurate copy of the promissory note and/or loan agreement ( "Note ") bearing the date of MARCH 30, 2006, in which MICHAEL V. KITNER promised to pay the sum of $115,000.00 ( "Loan "). 4. Attached hereto as Exhibit B is a copy of the mortgage ( "Mortgage "), dated MARCH 30, 2006 and bearing the names of Mortgagors, as the mortgagors, on real estate together with all improvements thereon, located at 1419 PHEASANT DRIVE SOUTH, CARLISLE, PENNSYLVANIA 17013 ( "Real Estate "). A true and accurate copy of said Mortgage is attached as Exhibit B. The Mortgage was duly recorded on APRIL 21, 2006, at Book 1947 and Page 2656, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania. 5. An assignment dated MAY 01, 2012 transferring the Mortgage from Mortgage Electronic Registration Systems, Inc., as nominee for WILMINGTON FINANCE, INC., to HSBC MORTGAGE SERVICES, INC. was prepared and duly recorded on MAY 03, 2012, as Instrument Number 201213086, in the Office of the Recorder of Deeds of CUMBERLAND County, Pennsylvania ( "Assignment "). A true and correct copy of said Assignment is attached hereto as Exhibit C. 6. The Real Estate subject to the Mortgage is described in the legal description attached hereto as Exhibit D. 7. The Mortgage is in default because the payments due and secured by the Mortgage have not been made. The Loan is currently due for the APRIL 01, 2010 payment and all payments thereafter. 8. The business records maintained by Plaintiff, demonstrate that a combined notice ( "Combined Notice "), was mailed by registered or certified mail, to Mortgagor(s) at PA Complaint I -A (CML Owner) I 1 DEC 12ver3.0 2 i Mortgagor(s)' last known address and, if different, to the address of the Real Estate, on the date set forth in the Combined Notice. A true and accurate copy of the Combined Notice is attached as Exhibit E. 9. As of MAY 22, 2013, there is due and owing amounts secured by the Mortgage in the sum of $151,307.21, which amount due includes the following: Principal Balance: $112,496.72 Interest through 05/22/2013 at the Current Rate of 7.375%: $28,146.26 Advances for Taxes: $5,832.23 Advances for Hazard Insurance: $4,832.00 Advances for Private Mortgage Insurance: $0.00 Total: $151,307.21 Less Suspense Balance or Escrow surplus, if any: $0.00 Less Restricted Escrow Balance, if any: $0.00 Total Amount Due or Owed: $151,307.21 The per diem interest due from MAY 23, 2013 is $22.7305. These itemized amounts may not include all fees currently due and owing under the Note and secured by the Mortgage, including certain late fees, inspection charges, property preservation expenses, and attorney's fees, since Plaintiff has decided to forgo collecting those fees, but that decision does not indicate that such fees were not properly due and owing at the time of any prior communications to the borrower(s) on the Note. PA Complaint I -A (CML Owner) t I DEC l2ver3.0 3 WHEREFORE, Plaintiff demands in rem judgment against the Defendant in the sum of $151,307.21, together with the current interest at the rate of 7.375% and other costs and charges collectible under the Mortgage and for the foreclosure and sale of the mortgaged property. By: ST & EISENBERG, PC STEVEN K. EISENBERG, ESQU KEVIN P. DISKIN, ESQUIRE JACQUELINE F. McNALL UIRE LESLIE J. RASE, ESQUIR LEN M. GARZA, ESQUIRE CHRISTINA C. VIOLA, ESQUIRE Attorneys s l For Plaintiff VERIFICATION I am a VP and Asst Sec of the Administrative Services Division of the Plaintiff and do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff and the facts set forth in paragraphs 1 through 9 of the foregoing Complaint are true and correct to the best of my information and belief. I understand that false statements therein are made subject to the penalties relating to unsworn falsification t authorities. By: Sign ture 43 Printed Name of Signatory On behalf of HSBC MORTGAGE SERVICES INC. VP and Asst. Sec, Its: Admin Serv. Div Signatory's Title PA Complaint 1 -A (CML Owner) I I DEC I2ver3.0 4 (Page 2 of 7) SEE TREPAYMENT RIDER TO NOTE' ATTACHED HERETO AND MADE A PART HEREOF. Loan Number. 2000020682 MIN: 100372406032371632 ADJUSTABLE RATE BALLOON NOTE (LI BOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONETIME AND THE MAXIMUM RATE I MUST PAY. THIS LOAN ALSO CONTAINS A BALLOON FEATURE. THIS LOAN IS PAYABLE IN FULL AT MATURITY. YOU MUST REPAY THE ENTIRE PRINCIPAL BALANCE OF THE LOAN AND UNPAID INTEREST THEN DUE. LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. YOU WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT YOU MAY OWN, OR YOU WILL HAVE TO FIND A LENDER, WHICH MAYBE THE LENDER YOU HAVE THIS LOAN WITH, WILLING TO LEND YOU THE MONEY. IF YOU REFINANCE THIS LOAN AT MATURITY, YOU MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF YOU OBTAIN REFINANCING FROM THE SAME LENDER. March 30, 2006 YORK Pennsylvania [Date] Icily) [State) 1419 PHEASANT DRIVE SOUTH CARLISLE, PA 17013 (Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, l promise to pay U.S. S 115,000.00 (this amount is called "Principal "), plus interest, to the order of the Lender. The Lender is Wilmington Finance, Inc. I will make all payments under this Note in the form of cash, check or. money order. [understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate Of 7.375 %. The interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place Of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on May 1, 2006 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled'due date and will be applied to interest before Principal. If, on April 1, 2036 ,1 still owe amounts under this Note, l will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at PO Box 209 Plymouth Meeting, PA 19462 or at a different place if required by the Note Holder. WILMINGTON FINANCE, INC. - MODIFIED MULTISTATE ADJUSTABLE RATE BALLOON NOTE -LIBOR INDEX - Single Family- Freddie Mac UNIFORM INSTRUMENT Pepe 1 M4 DDS -WMN tnttlete: Modified Form 359010105 EX BIT (Page 3 of 7) (B) Amount of My initial Monthly Payments Each ofmy initial monthly payments will be in the amount of U.S. $ 746.18 This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate 1 will pay may change on the first day of April, 2009 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B)Theindex Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six -month U.S. dollar - denominated deposits in the London market ( "LIBOR "), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose anew index that is based upon comparable information. The Note Holder will give me notice ofthis choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Five and Three Eighths percentage points ( 5.375 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one - eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to amortize the unpaid principal that I am expected to owe at the Change Date in full over the initial amortization period of 40 years at my new interest rate in substantially equal payments. However, the balloon feature of this loan requires the payment of the entire principal balance and unpaid interest due at the Maturity Date defined in Section 3(A). The result of this calculation will be the new amount ofmy monthly payment. (D) Lim its on Interest Rate Changes The interest rate l am required to pay at the first Change Date will not be greater than 9.375 % or less than 7.375 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (I%) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 13.375 %, or less than 7.375%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. 1 will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount ofmy monthly payment changes again. (i') Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When l make a Prepayment, 1 will tell the Note Holder in writing that 1 am doing so. I may not designate a payment as a Prepayment if have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. Modified Form 3590 10105 DDS -WMN P %p W4 !"Itiab: 1 U f 1L (Page 4 of 7) 6. LOAN CHARGES . If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments Ifthe Note Holder has not received the full amountofany monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice tell ing me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that l owe on that amount. The date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver by Note Holder Even if, at a time I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if 1 am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attomeys' fees. 8. GIVINGOFNOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all ofthe amounts owed under this note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Modified Form 359010/05 DDS - W M N Pe9a 3 014 Initials: (Page 5 of 7) 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument'), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts 1 owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this Period, the Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. I WITNESS THE HANDS ) — AND SEAL(S) OF THE UNDERSIGNED. �fA . V /1l .�,, (Seal) (Seal) MICHAEL V. KITNER - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower [Sign Original Only] I Modified Form 359010105 DDS - WMN Page a ara (Page 6 of 7) i i PREPAYMENT RIDER TO NOTE Loan No.: 2000020682 The Note dated March 30, 2006 between Wilmington Finance, Inc. (Lender) and MICHAEL V. KITNER (Borrower or I) is hereby amended as follows: I. Additional Covenants. Notwithstanding anything to the contrary set forth in the Note or Security Instrument, Borrower and Lender covenant, and agree, that the provisions of the section of the Note entitled "BORROWER'S RIGHT TO PREPAY" or "BORROWER'S PAYMENTS BEFORE THEY ARE DUE" are amended to read as follows: Subject to the Prepayment Penalty provided below, I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." A "Full Prepayment" is the prepayment of the entire unpaid Principal due under the Note. A payment of only part of the unpaid Principal is known as a "Partial Prepayment." When 1 make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate apayment as a Prepayment if 1 have not made all the monthly payments due under the Note. If, within the 36 month period beginning with the date 1 execute the Note (the "Penalty Period "),1 make a Full Prepayment, or Partial Prepayment in any twelve (12) -month period that exceeds 10% of the original Principal loan amount, 1 will pay a Prepayment charge as consideration of the Note Holder's acceptance of such Prepayment. The Prepayment charge will equal 5.000% of the then Principal balance of the Note. No Prepayment charge will be assessed for any Prepayment occurring after the Penalty Period. The Rider will remain in full force and effect unless the Note is transferred by Lender and the Borrower is notified in writing by the new Note Holder that such Note Holder, at its sole option, has declared the Rider null and void. If the Rider is declared null and void, the original Note terms shall remain in full force and effect. (Seal) (Seal) - Borrower - Borrower MICHAEL V. KITNER (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower DDS -BAF (03/03) (Page 7 of 7) ALLONC:F: TO NOTE 211 1)( 1 020682 Allonge to note dated: 3/30/2006 In Favor of : Wilmington Finance, Inc. And executed by: MICHAEL V. KITNER Property Address: 1419 PHEASANT DRIVE SOUTH CARLISLE, PA 17013, Loan Amount: $ 115,000.00 Pay to the order of without recourse: Wilmington Finance, Inc. $y: 4dradalgo -Diaz Title: Designated Signer (Page 2 of 22) 2006 `i PR 21 Hq 9 5 Prepared By: Wilmington Finance, Inc. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 Return To: Wilmington Finance, Inc. 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 i \` Parcel Number, 29 -17 -1583 -092 Premises: 1419 PHEASANT DRIVE SOUTH � CARLISLE, PA 17013 ISpaeeAbove Thi3 Line For Recording Data B MORTGAGE Loan Num ( 0020682 MIN 100372406032371632 DEF[NITI Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16- (A) "Security Instrument" means this document, which is dated March 30, 2006 , together with all Ridcrs to this document. (B) "Borrower" is MICHAEL V. KITNER, SINGLE MAN Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc, MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501 -2026, tel. (888) 679 -MERS. PENNSYLVANIA - Single Family - FannleMae[Freddle Mac UNIFORM INSTRUMENT WITH MERS Form 30391/01 -6A(PA) (osm Pape t of 16 Intuata: VMP Mortgage solutions, Inr.(8W)521.72p1 DDS -6PA IT 8K 194 7PG2 656 s (Page 3 of 22) • r': It.'7'4 t:. 2 ai r «• (D) "Lender" is Wilmington Finance, Inc_ Lender is a Corporation organized and existing under the laws of Delaware Lender's address is 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 (E) "Note" means the promissory note signed by Borrower and dated March 30, 2006 The Note states that Borrower owes Lender One Hundred Fifteen Thousand and 00 /100 Dollars (U.S. $115,000,00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in ful l not later than April 1, 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ 14 Family Rider ❑ VA Rider ❑ Biweekly Payment Rider ❑X Other(s) [specify] Balloon ARM Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non - appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (l) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. -6A(PA) Pape2o11e �ieau: Form 3839 7la1 � DDS -6PA BK 1947PG2657 (Page 4 of 22) (P) "RESPA" means the Real Estate Settlement Procedures Act (l2 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of Recording Jurisdiction] of CUMBERLAND (Name ofRecording Jurisdiction], LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 1419 PHEASANT DRIVE SOUTH (street] CARLISLE [City), Pennsylvania 17013 [zip Code] ( "Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. - 6A(PA) (asaa) Page3o(18 Form 3039 1101 DDS -6PA BK 1947PG2658 (Page 5 of 22) BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, orentity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding 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 late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. MOW M 4j 6A(PA) taws) Pap40116 Forth 3039 1109 DDS -6PA BK 1947PG2659 (Page 6 of 22) 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 charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a tender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. 'Me Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. i In l 1 40 -6A(PA) (osee) P Form 3039 1101 DD "PA BK 1 947PG2660 (Page 7 of 22) If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any, To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one -time charge for flood . zone determination, certification and tracking services; or (b) a one -time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. mamw:� 4V- 6A(PA) (&W3) Forrn 3039 1101 DOS -6PA B11% 1947PG265I (Page 8 of 22) If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lenders option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to 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 certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interestor earnings on such Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. ® -6A(PA) (asoat Paae7 of t o Form 3039 1101 DDS -6PA BKI947PG26 'G2- (Page 9 of 22) 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Properly to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it 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 Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority overthis Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys` fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. INlieLt: lYI fs ®- GA(PA) (0508) Pe Form 3039 1101 m DDS -6PA 8(1947PG2663 (Page 10 of 22) Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non - refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their, total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these,agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. initiais:�� ®- 6A(PA) tosm) Pageaotte Form 3039 1101 0 DDS -6PA BK 1947PG2664 (Page it of 22) (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection -Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and /or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borr ower. 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 partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. �n6ela: 40 .6A (PA)jmwt parloof% ���� Form 30391/01 DDS -6PA 8K 1947PG2665 (Page 12 of 22) Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several 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 Security Instrument but does not execute the Note (a "co-signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co- signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co- signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrowers default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. ti wda: � I 40.6A(PA) p5m) Pape f 1 of is Form 3039 1101 � DDS -6PA OKI947PG2666 (Page 13 of 22) 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 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 are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender ifsuch exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sate of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. � nmeie�� (oena) Pape 12 of 15 Form 3039 11tH � -6A ( PA 1 DDS -6PA 001K I947PG2667 (Page 14 of 22) 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 Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrowers obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurers check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which.payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage Ioan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. tn lliels: f y �� 4M.6A(PA) losoe) Pe .. Fonn30391101 DDS -6PA SKI947PG2668 (Page 15 of 22) Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,, including but not limited to, any spilling, leaking, discharge, release or threat of release. of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower teams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non - existence ora default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a 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. 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 oftime, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrowers time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff s sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action ofmortgage foreclosure shall be the rate payable from time to time under the Note_ 40 - 6A(PA) {osoe) Paaat4crts ,,jj;;,, Form 3039 1101 m DDS -6PA SK 1947PG2669 (Page 16 of 22) 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: (Seal) MICHAEL V. KITNER - Borrower (Sea]) - Borrower I (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower (Sea]) (Seal) - Borrower - Borrower 40 -6A(PA) (owe) rage 7a or 16 Form 3039 1101 DDS -6PA OK1947PG2670 (Page 17 of 22) COMMONWEALTH OF PENNSYLVANIA, Y21L County ss: On this, the day of before me, the undersigned officer, personally appeared �,,,n,� V 9 I known to m e (or satisfactorily proven) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires; t OMMONWEALTH OF PENNSYLVANIty Notarial Seal Bettina L.Strausbaugh Notary Public City of York, York County My Commission Expires ]an. 10, 2008 P 14 1 Member, Pennsylvania Association of Notartes Titleof'Otficer Certificate of Residence I, 61 mn C- VaL,071-) , do hereby certify that the correct address ofthe within -named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 30 day of Agent ofMortgagee 4 pros) Page ISOM ���� Form3039 1/01 DDS -6PA BKI947PG267I 07- 17 -'12 12 :54 FRO11- Premier Abstracts 8005456163 T -462 P0016/0018 F -882 i ' - I �J M U6 \, ✓ When Recorded Return To; ASSIGNMENTS HSBC MORTGAGE SERVICES P.O. BOX 14 BRANDON, FL FL 33509 f Parcel No. 29 -17 -1683 -092 I f IIIII�III[IIafII1�Il0�ll�ll��ll CORPORATE ASSIGNMENT OF MORTGAGE Cumberland, Pennaylvanla I SELLER'S SERVICING 11:13966510 "KITNER" MERS #: 100372406032371632 $IS #: 1- 888 -679 -6377 Date of Assignment: May 1st, 2012 Assignor: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WILMINGTON FINANCE, INC. "ITS SUCCESSORS AND ASSIGNS" Assignee: HSBC MORTGAGE SERVICES INC I hereby certify the precise address of the withih named Assignor Is 1595 SPRING HILL ROAD, STE 310, VIENNA, VA 22182. 1 hereby certify the precise address of the within named Assignee is 636 GRAND REGENCY BLVD, BRANDON, FL 33510. Executed By: MICHAEL V. KITNER, A SINGLE MAN To: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR WILMINGTON FINANCE, INC. "ITS SUCCESSORS AND ASSIGNS" Date of Mortgage: 03/30/2006 Recorded: 04/21/2006 in Book/Reel/Liber: 1947 Page/Folio: 2656 as Instrument/Document: N/A In the County of Cumberland, State of Pennsylvania. - Assigned by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC AS NOMINEE FOR WILMINGTON FINANCE, INC. "ITS SUCCESSORS AND ASSIGNS" TO HSBC MORTGAGE SERVICES , INC Dated: 06/03/2010 Recorded: 08/14/2010 in Book/Reel/Liber: N/A Page/Folio: N/A as InstrumenVDocum ent: 201015527 1419.PHEASANT DRIVE SOUTH CARLISLE PA 17013 in the Township of NORTH MIDDLETON TOWNSHIP Legal: '**THIS IS A CORRECTIVE ASSIGNMENT OF MORTGAGE BEING FILED TO CORRECT A PREVIOUSLY RECOR ASSIGNMENT RECORDED ON 06/14/2010 INSTRUMENT NUMBER. 201015527 TO CORRECT THE ORIGINAL AND SELLING BENEFICIARY. 'ADP'ADPHSBI /01/201212:37:14 PM` HS8102HSBIA000000000000000835685 PACUMBE' 13966510 PASTATE- MORT_ASSIGN_ASSN "DX3HSBI" EXHIBIT I 07- 17 ='12 12;55 FROM-Premier Abstracts 8 005456163 T -462 P0017/0018 F -882 I CORPORATE ASSIGNMENT OF MORTGAGE Page 2 of 2 I do certify thatAWe precise address of HSBC MORTGAGE SERVICES INC is 636 GRAND REGENCY BLVD, B PASANT F . 3351 Attested D 1419 PH DRIVE SOOT LISLE, PA 17013 in the Township of NORTH MIDDLETON TOWNSHIP I KNOW ALL MEN 13Y THESE PRESENTS, that for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the said Assignor hereby assigns unto the above-named Assignee, the said Mortgage having an original principal sum of $115,000.00 with Interest, secured thereby, with all moneys now owing or that may hereafter become due or owing In respect thereof, and the full benefit of all the powers and of all the covenants and provisos therein contained, and the said assignor hereby grants and conveys unto the said assignee, the assignor's beneficial interest under the ' Security Instrument. TO HAVE AND TO HOLD the said Security Instrument, and the said property unto the said assignee j forever, subject to the terms contained in said Security Instrument. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WILMINGTON FINANCE, INC. "ITS SUCCESSORS AND ASSIGNS" On May 1St. 2012 By: -- N. ►__X� G� - MELISSA D CLEARY, Assistant Secretary STATE OF Florida COUNTY OF Hillsborough On May 1st, 2012, before me, TREVIN MYERS, a Notary Public in and for Hillsborough in the Slate of Florida, personally appeared MELISSA D CLEARY, Assistant Secretary of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS NOMINEE FOR WILMINGTON FINANCE, INC. 'ITS SUCCESSORS AND ASSIGNS ", personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity, and that by his /herAheir signature on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the i nstrument. ► �,,,,,,,,,�� , WITNESS my hand and official seal, My c o m m. OPI(so May 3 0 ,2015 TREVI MY7=RS No.EE09= Notary Expires: 05/30 /2015 #EE098231 '•,,q (/BL O Q-�o (This area for notarial seal) � I 'ADP'ADPHSBI'05 /01/201212 PM' HSB102H SBIA000000000000000835685' PACUMBE' 13966510 PASTATE_MORT- ASSIGN -ASSN "DX3HSBI' i 07- 17 -'12 12:55 FROM- Premier Abstracts 8005456163 T -462 P0018/0018 F -882 i ROBERT P. ZIEGLER RECORDER OF DEEDS' CUMBERLAND COUNTY 1 COURTHOUSE SQUM E CARLISLE, PA 17013 717 - 240 -6370 Instrument Number - 201213086 Recorded On 5/3/2012 At 11:14.13 AM * Total Pages - 3 � Ynstrumeot Type - ASSIGNMENT OF MORTGAGE Invoice Number - 107493 User 1D - SW Mortgagor - KITNER, MICHAEL V * Mortgagee - HSBC MORTGAGE CORP (USA) * Customer - HSBC BANK USA N A '� FEES STATE SPRIT TALC $0.50 Certification Page STATE JCS /ACCESS TO $23.50 JUSTICE DO -NOT DETACH RECORDING FEES — $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 This page is now part FEES of this legal document. COUNTY ARCHIVES FEE $2.00 ROD AEtCHYVES FEE $3.00 TOTAL PAID $50.50 I Certify this to be recorded in Cumberland County PA RECORDER 0 D DS " - (reformation denoted by an asterisk may change during the verification process and may not be reflected on this page. 002MUS III Ililllllll) 1111111 111 III ALL THAT CERTAIN piece or parcel of land situated in North Middleton Township, Cumberland County, Pennsylvania, more particularly shown on a certain plan entitled Final Subdivision Plan of Phase II and III of Pheasant Run Estates for Metlanco, Inc., North Middleton Township, Cumberland County, Pennsylvania Scale: 1 " =50' by Gerrit J. Betz Associates, Inc., Engineers & Surveyors, 6 East Main Street, Shiremanstown, Pennsylvania, which plan is filed in Plan Book 29 at Page 7 in the Office of the Recorder of Deeds for Cumberland County. Said lot is more particularly bounded and described as follows: BEGINNING at a point on the western right of way line of Pheasant Drive South, said point also being at the dividing line between Lot Nos. 47 and 48, as shown on the above referred to plan; thence from said point of beginning along the aforesaid dividing line of Lot Nos. 47 and 48, North 83 degrees 10 minutes 21 seconds West, 145.45 feet to a point; thence along land shown as "Recreation and Green Area" on said Plan, North 06 degrees 49 minutes 39 seconds East, 18.00 feet to a point; thence along the dividing line between Lot Nos. 48 and 49 on said Plan, South 83 degrees 10 minutes 21 seconds East, 141.37 feet to a point on the western right of way line of Pheasant Drive South; thence along said right of way line by a curve to the left with a radius of 125.00 feet, 18.50 feet to a point, the Place of BEGINNING. BEING Lot No. 48 of Pheasant Run Estates, Section II recorded in Plan Book 29, Page 7. TOGETHER with the right, in common with others, to pass and repass for ingress and egress over the roads as shown on said map from the lot herein conveyed. SUBJECT to Declaration of Covenants recorded in Misc. Book 242, Page 843 in the Office of the Recorder of Deeds for Cumberland County. HAVING THEREON ERECTED a two -story townhouse known and numbered as 1419 Pheasant Drive South, Carlisle, PA 17013. BEING the same premises which Sermjet B. Ingle, single woman, by Deed dated March 30, 2006, and recorded April 21, 2006 in the Office of the Recorder of Deeds for the County of Cumberland in Book 274, Page 610, granted and conveyed unto Michael V. Kitner, single man, in fee. EXHIBIT STERN & EISENBERG, PC 410 THE PAvuoN 261 OLD YORK ROAD JENKwTowN, PA 19046 (215) 572 -8111 Date: July a4, 2012 COMBINED NOTICE UNDER ACT 6 and ACT 91 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage 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 pages. The HOMEOWNER'S 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 help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY -THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1- 800 -342- 2397.(Persons with impaired hearing can call (717) 780- 1869). 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 SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI I.R SU HIPOTECA. EXHIBIT HOMEOWNER'S NAME(S): Michael V. Kitner PROPERTY ADDRESS: 1419 Pheasant Drive South, Carlisle, PA 17013. MAILING ADDRESS: 1419 Pheasant Drive South, Carlisle, PA 17013 -1260 LOAN ACCT. NO. ORIGINAL LENDER: MERS as nominee Wilmington Finance, Inc. CURRENT LENDER/SERVICER: HSBC Mortgage Services Inc. 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 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 stay of foreclosure on your mortgage for thirty (30) days (plus three (3) days for mailing) from the date of this 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 (33) 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 telMhonie numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face -to -face meeting. 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 assistance from the Homeowner'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 SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE". YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY T M[E BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCYACTION -- Available funds 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 Finance Agency has sixty (60) days to make a decision after it receives your application During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You 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 Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property located at: 1419 Pheasant Drive South, Carlisle, PA. IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from April 1, 2010 through and including July 23, 2012 as follows: Payments of $847.63 due on 04/01/2010 in the amount of .............. ............................... ........................$847.63 Payments of $848.09 due on 05/01/2010 through and including 08/01/2010 in the amount of ................ ............................... ......................$3,392.36 Payments of $1,002.99 due on 09/01/2010 through and including 10 /01 /2010 in the amount of ................ ............................... ......................$2,005.98 Payments of $1,001.07 due on 11/01/2010 through and including 02/01/2011 in the amount of ................ ............................... ......................$4,004.28 Payments of $1,103.95 due on 03/01/2011 in the amount of ................ ............................... ......................$1,103.95 Payments of $1,001.56 due on 04/01/2011 through and including 08/01/2011 in the amount of ................ ............................... ......................$5,007.80 Payments of $846.66 due on 09/01/2011 through and including 09/01/2011 in the amount of .............. ............................... ........................$846.66 Payments of $1,042.85 due on 10/01 /2011 through and including 01/01/2012 in the amount of ................ ............................... ......................$4,171.40 Payments of $1,147.23 due on 02/01 /2012 through and including 07/01/2012 in the amount of ................ ............................... ......................$6,883.38 Other charges (explain/itemize): Fees billed ......................... ............................... ......................$1,004.21 Other charges ( explain) ..... ............................... ......................$1,413.35 Uncollected Fees TOTAL AMOUNT PAST DUE: .................................................... $30,681-00 B. Reserved for items other than amounts set forth in A. above. HOW TO CURE THE DEFAULT - -You may cure the default within THIRTY -THREE (33) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $30,681.00, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAYPERIOD. Payments must be made either by cash, cashier's check; certified check or money order made payable and sent to: HSBC Mortgage Services Inc. Atten: Payment Processing 2929 Walden Avenue Depew, New York 14043 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 within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged P ro p erty. IF THE MORTGAGE IS 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 incurred, 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 lender 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 TBMTY (30) DAYS period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally 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 the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, ygu still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by ygymg the total amount then past due, lU us any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and another costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the 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 Sheriffs Sale of the mortgaged property could be held would be approximately four (4) to six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will 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: HSBC Mortgage Services Inc. Address: 2929 Walden Avenue Depew, NY 14043 Phone Number: (866) 824 -0824 Contact Person: Performing Collections Dept./Loss Mitigation Department EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs 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 fin and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or X may not (CHECK ONE) 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 NO 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) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (See Attached Page) Sincerely, STERN NB RG, PC BY: St & Isenberg, P VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND REGULAR MAIL NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT THIS.FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this letter, this firm will send you the name and address of the original creditor if different from above. IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE ENCLOSED LETTER/NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT A DEBT. IF YOU HAVE RECEIVED A DISCHARGE IN BANKRUPTCY (AFTER ENTERING INTO THE RELEVANT MORTGAGE NOTE AND MORTGAGE AND HAVE NOT REAFFIRMED THE DEBT) THEN THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT, BUT SOLELY AS PART OF THE ENFORCEMENT OF THE MORTGAGE/LIEN AGAINST REAL PROPERTY. i i i -, Comprehensive° H ousing . ` . A'gerraas's1ii;�o "risejii aJ.ClieiYte pai�lfniietida.'. Cuin ertand : P6unty ltclts Of*O.grn'irA -'York 55`Cto�r.FCp Road. ' Qellsslown.�A y31`�' � 888 S� 1 _'l12TY.t#8859!`..??27 . ,CT' n in tnrty Ai�ion'Gorrmnfss t� ».- �apifai Ffegf 1dt4 D* "..St • ,.:: . H�r(sburg PA'A-7 D • 71.7233.SI57' vwuvecacfricour>7v.rna Harrisiwrg Fair Hausinu.Gouns& 31'DO N 81fi5t H erris�i��.:pa 1711D: 717A 85 Nutisiiig &:Riiteueld�irnenf Authority - ,Cumbei9and C.nly 194N Heirovat`S� $•E'E "E04 Ceril�e X70.13 • E36i.Ei83:5�7;l.7t.7?�l9.tif 89 ; Lvtut; ittG•: 232aNsth3t_ HatYkiWII PAA7116; Z9�Y :�32.2207 ' PalitstotleCio pntatiun Pei lMO.ariia 625Noitli5econd�St . Herrl�zirg PA.'1 T102:' 717 234 X61.6 _.- {�cr.eralisSF� oe hl ?ii. Pi:ntls7AuarYia IitF6faitli CnmKiurr ty Rroljtairi; Iftc - 'Attains Ho.tising J►utfiority (At�IA }. 413 E Fligli S� <3e -pirg F� 17325, 717,334 �5t8 vartvvsdenisdie.iotii: ,H QTE;.Ffid+y iifttig egrntiesr��,r�oikalioRs etwrioiealoce6ifrt.:eeSto fmd A'toeatfprt r�,rybu; Repcsitl�st upileterY 70BlZl :2Qg;55 PM Page_ 4.Ofi Name and STERN & EISENBERG Address 261 Old York Road -The Pavilion -Ste 410 of Sender Jenkintown, PA 19046 Postage Fee Line Article Name of Addressee, Street, and Post Office Address Number 1 * * ** Michael V. Kitner 1419 Pheasant Drive South Carlisle, PA 17013 -1260 2 * * * * Pennsylvania Housing Finance Agency PO Box 8029 Harrisburg, Pennsylvania 17105 3 * * ** 4 * * ** 5 6 * * ** •• * * ** CERTIFIED MAIL RECEIP ( Domestic rjj Onl , 8 * * ** a rq ...o M Postage $ 10 ni r Certified Fee rij 11 * * * * C3 Return Receipt Fee (] P,ogmark M .(Endorsement Required) - Were o p r7 C C3 Restricted Required) Fee C 12 C] (Endorsement nt Required) i4 G, g rp 13 C3 Total Postage & Fees co m * * ** Sent To V ni V i C Street, Pt. No.; 1 r 15 . or PD Box No. I ` F�j1[��i5rt'1 , N P IV m RE:. Act Notice - -- --------- ` -- , - , -------- ---------- - - - - -- -- �_iu���. .. city, Ste P L1� l i5 Uc & � Q N C1 III 0 0 Total Number of Total Number of Pieces PS F orm 3 "' See Reverse for Instructions 2.3 N c m Pieces Listed by Sender Received at Post Office Employee) II FORM 1 r.^ HSBC Mortgage Services Inc. IN THE COURT OF COMMON PLEAS OF <-) CUMBERLAND COUNTY, PENNSYLVANIA;' _r Plaintiff(s) v 1 C" VS. Michael V. Kitner Defendant(s) I3' 333 Civil C_') NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. Respectfull submitted: F Date �ignature of Counsel for 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 Please provide the following information to the best of your knowledge: CUST OMERIPRIMARY APPLICATIO 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? C O BORRO Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household: How long? INF FINANCIAL 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 and 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: Asset Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1 : Model: Year: Amount owed: Value: Automobile #2 : Model: Year: Amount owed: Value: 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 Mortgage Food 2" Mortgage Utilities Car Payment(s) Condo /Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other Prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and 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 (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH ORIZATIO N I /We, , authorize the above named to use /refer this information to my lender / sevcicer for the sole purpose of evaluating my financial situation for possible mortgage options. 1 /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Date Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V Letter explaining reason for delinquency and any supporting documentation - - -- -- — - V (hardship letter) Listing agreement (if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed FORM 3 HSBC Mortgage Services, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Michael V. Kitner Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative - SignaT - ufre of Defendant ` " - "'. __'. Date Signature of Defendant Date FORM 4 HSBC Mortgage Services, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) VS. Michael V. Kitner Defendants) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court- supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F ILED-OFFItE Sheriff THE PROTHONOTARY Jody S Smith 1.013 JUN 26 FK27, I I Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor OF r1'P OF THE UtERIFF PENNSYLVANIA HSBC Mortgage Services, Inc, Case Number vs. 2013-3393 Mike Vance Kitner SHERIFF'S RETURN OF SERVICE 0612112013 10:26 AM-Deputy Jamie DiMartle, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Chambers Kitner, Daughter, who accepted as "Adult Person in Charge"for Mike Vance Kitner at 1419 Pheasant Drive South, North Middleton Township, Carlisle, PA 17013. JtYIE DIMARTLE, DEPUTY SHERIFF COST: $34.78 SO ANSWERS, June 24, 2013 RbNO R ANDERSON, SHERIFF (C)CountySufte Sheriff,Toleosoff,In. c STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) 1 ;L —0 r F i t E LESLIE J.RASE,ESQUIRE(58365) ;` lit i �a ¢ (J ° O i A R CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY 312314 701 3 AUG —2 A f 110: n 2 STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 U E3C RL f_ ND COUNTY WARRINGTON,PENNSYLVANIA 18976 PENNSYLVANIA TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services Inc. V. Michael V. Kitner Civil Action Number: 2013-03393 Defendant(s) MORTGAGE FORECLOSURE PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Michael V. Kitner, for failure of said Defendant(s) to file a responsive pleading to the Complaint within twenty(20) days of service thereof. PRINCIPALBALANCE...............................................................................$112,496.72 INTEREST accrued thru 05/22/2013 of .......................................................$28,146.26 Interest after 05/22/2013 shall accrue at the per diem rate of$22.73.) ADVANCESFOR TAXES...........................................................................$5,832.23 ADVANCES FOR HAZARD INSURANCE ...............................................$4,832.00 Sub-Total Through Date of Complaint....................................................$151,307.21 <fk �g39o8 ACCRUED INTEREST after 05/22/2013 shall accrue at the per diem rate of$22.73 to August 1, 2013....................................................................$1,613.83 TOTAL DUE THROUGH DATE OF REQUEST FORJUDGMENT.........................................................................................$152,921.04 STERN & EISENB. RG, PC BY: TEVEN K. EISENBERG, E ❑ M. TROY FREEDMAN, IRE ❑ JACQUELINE F. McNA Y, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑X14RISTINA C. VIOLA, ESQUIRE E'ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services Inc. Civil Action: 2013-03393 V. Michael V. Kitner Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF BUCKS I, the undersigned, being duly sworn according to law, deposes and says, to the best of his knowledge, information and belief, Defendants': 1. Last-known address is: 1.419 Pheasant Drive South, Carlisle,PA 17013-1260 2. Is over the age of twenty-one. 3. Is not now nor has been within the last six (6) months in the Armed Services of the United States as defined in the Soldiers'Civil Relief Act of 1940,. as amended. pNw� _MOP�MN_ STERN NBE ,P NOYARIAL SEAL DIANE J.TURANO,Notary i gyp„Twp-,Sucks County BY: �� Ires October 3i,X914 ❑ S N K. EISENBERG,E IRE ❑ M. TROY FREEDMAN,E IRE ❑ JACQUELINE F. MCNAL ,ESQUIRE ❑ LESLIE J. RASE,ESQUIRE ❑ LEN M. GARZA,ESQUIRE ❑AHRISTINA C. VIOLA,ESQUIRE IV ANDREW J. MARLEY,ESQUIRE Attorney for Plaintiff Swo t*d subscr' ed before me this Day of 2013. Notary Public Results as of:Aug-04-201307:39:54 Department of Defense Manpower Data Center SCRA 3.0 Pursuant to Servicememben Civil Relief Act Last Name: KITNER First Name: MICHAEL Middle Name: Active Duty Status As Of: Aug-01-201,3 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA ,+.. Nb"+� NA This response reflects the individuals'active duty status based on the Active Duiy Status Date Left Active Duty Within 387 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA (JA -tva NA This response reflects where the individual left active duty status within 387 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA E NA ENO ,� r NA x This response reflects whether the-indiw`dui;�hislher unit has received darty notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data.Centerr.based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services Inc. V. Michael V. Kitner Civil Action: 2013-03393 Defendant(s) MORTGAGE FORECLOSURE CERTIFICATION UNDER RULE 237.1 I, the undersigned attorney on the writ and attorney for Plaintiff, hereby certify that a ten-day notice of intention to enter judgment by default was sent to Defendants in accordance with Pa. R.C.P. No. 237.1., a true and correct copy of which is attached hereto. STERN &EISEN - RG, PC BY: ❑ STEVEN K. EISENBE G, SQUIRE ❑ M. TROY FREEDMA SQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑JEHRISTINA C. VIOLA, ESQUIRE 10 ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STERN&EISENBERG PC 1581 MAIN STREET SUITE 200 WARRINGTON,PA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 Z. 7777 IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY HSBC Mortgage Services Inc. (Plaintiff) Docket#_ 2013-03393 V. .Michael'I.{itner TEN DAB'NOTICE (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P. 237.1 TO: Michael V.E.itner 1419 Pheasant Drive South Carlisle,PA 17013-1260 Bate of Notice:Friday,July 12,2013 .IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10)DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WIT14OUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: 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 Bar Association 32 South Bedford Street Carlisle,PA 17013 800-990-9108 717-249-3166 STERN&EISENBE G,PG. By: r & rney fo auitiff ]:\Stephanie L\Ten Days\HSBC Kitner.docx STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1.581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services Inc. V. Michael V. Kitner Civil Action: 2013-03393 Defendant(s) MORTGAGE FORECLOSURE CERTIFICATE UNDER ACT 91 OF 1983 It is hereby certified that the Sheriffs Sale scheduled in the above-captioned matter is not protected under the Homeowner's Emergency Assistance And Mortgage Foreclosure Act, P.L. 1688, No. 621 because notice, as required, was sent to Defendants and no timely response was made. STERN &EISENBERG, PC BY: EVEN K. E SENBERG, E UIRE ❑ M. TROY FREEDMAN, ES UIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ �_'HRISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services Inc. V. Civil Action: 2013-03393 Michael V. Kitner Defendant(s) MORTGAGE FORECLOSURE CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: HSBC Mortgage Services, Inc. 2929 Walden Avenue Depew, NY 14043 (Plaintiff) Michael V. Kitner 1419 Pheasant Drive South Carlisle, PA 17013-1260 (Defendant(s)) STERN S ERG,r BY: ❑ STEVEN K. EISENBERG, QUIRE ❑ M. TROY FREEDMAN, E QUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ LEN M. GARZA, ESQUIRE ❑ RHRISTINA C. VIOLA, ESQUIRE 19 ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION HSBC Mortgage Services, Inc. ❑Confessed Judgment Plaintiff ❑Other vs. File No. 2013-03393 Michael V. Kitner Amount Due 152,921.04 rii C-0 Defendant Interest from 8/2/13-12/4/13 E2 Address: Atty's Comm @ $22.73 per them=$ .52 CD 1419 Pheasant Drive South Costs Carlisle, PA 17013 C:) CZ ---q Na . TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract,or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County,for debt, interest and costs, upon the following described property of the defendant(s) See full legal description attached PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County,for debt, interest and costs,as above,directing attachment against the above-named garnishee(s)for the following property (if real estate,supply six copies of the description;supply four copies of lengthy personalty list) 1419 Pheasant Drive South, Carlisle,PA 17013 and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). (indicate)Index this writ against the garnishee(s)as a lis pendeong *nst/rea state le defendant(s)described in the attached exhibit. �V� Date 8/1/13 Signature: T. M Print Name.. ndrew J. Marle <'A p(/ Address: 1581 Main St., Ste 200 4-11 Warrington, PA 18976 _?.q._4tn ff C) _ Attorney for: Plaintiff CX3•jys — -'r Telephone: 215-572-8111 /4' A Supreme Court ID No: 312314 � r s.�. s 3 - „ ,r . .�� ��. ;� as 3 zz- iv ALL THAT CERTAIN piece or parcel of land situated in North Middleton Township, Cumberland County, Pennsylvania, more particularly shown on a certain plan entitled Final Subdivision Plan of Phase II and III of Pheasant Run Estates for Metlanco, Inc., North Middleton Township, Cumberland County, Pennsylvania Scale: 1"=50' by Gerrit J. Betz Associates, Inc., Engineers & Surveyors, 6 East Main Street, Shiremanstown, Pennsylvania, which plan is filed in Plan Book 29 at Page 7 in the Office of the Recorder of Deeds for Cumberland County. Said lot is more particularly bounded and described as follows: BEGINNING at a point on the western right of way line of Pheasant Drive South, said point also being at the dividing line between Lot Nos. 47 and 48, as shown on the above referred to plan; thence from said point of beginning along the aforesaid dividing line of Lot Nos. 47 and 48, North 83 degrees 10 minutes 21 seconds West, 145.45 feet to a point; thence along land shown as "Recreation and Green Area" on said Plan, North 06 degrees 49 minutes 39 seconds East, 18.00 feet to a point; thence along the dividing line between Lot Nos. 48 and 49'on said Plan, South 83 degrees 10 minutes 21 seconds East, 141.37 feet to a point on the western right of way line of Pheasant Drive South; thence along said right of way line by a curve to the left with a radius of 125.00 feet, 18.50 feet to a point, the Place of BEGINNING. BEING Lot No. 48 of Pheasant Run Estates, Section 11 recorded in Plan Book 29, Page 7. TOGETHER with the right, in common with others, to pass and repass for ingress and egress over the roads as shown on said map from the lot herein conveyed. SUBJECT to Declaration of Covenants recorded in Misc. Book 242, Page 843 in the Office of the Recorder of Deeds for Cumberland County. HAVING THEREON ERECTED a two-story townhouse known and numbered as 1419 Pheasant Drive South, Carlisle, PA 17013. BEING Parcel ID No. 29-17-1583-092 BEING the same premises which Sermjet B. Ingle, single woman, by Deed dated March 30, 2006, and recorded April 21, 2006 in the Office of the Recorder of Deeds for the County of Cumberland in Book 274, Page 610, granted and conveyed unto Michael V. Kitner, single man, in fee. STEVEN K.EISENBERG,ESQUIRE(75736) �j= �TI M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) �� �1 , CHRISTINA C.VIOLA,ESQUIRE(308909) I , ANDREW J.MARLEY(312314) STERN&EISENBERG,PC j �� u 1581 MAIN STREET,SUITE 200 ! ' WARRINGTON,PENNSYLVANIA 189765��VA� �lr TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services Inc. V. Civil Action: 2013-03393 Michael V. Kitner Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1419 Pheasant Drive South, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Michael V. Kitner 1419 Pheasant Drive South Carlisle, PA 17013-1260 2. Name and address of Defendant(s) in the judgment: Michael V. Kitner 1419 Pheasant Drive South Carlisle, PA 17013-1260 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record lien on the property: 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: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 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: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 Tenant(s)/Occupant(s) 1419 Pheasant Drive South Carlisle, PA, 17013 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. Section 4904 relating to unsworn falsification to authorities. Date: August 1, 2013 STERN &EISE ERG, P sNO* / ary Public BY: BU&S C;us�iy p�ANE J•�t�',Np of ,� 41A ❑ STEVEN K. E SENBERG UIRE W ices ❑ M. TROY FREEDMAN, UIRE h^y ComR► ❑ JACQUELINE F. Mc N Y, ESQUIRE ❑ LESLIE J. RASE, ES IRE ❑ LEN M. GARZA, ESQUIRE ❑ CHRISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff end subscribed before me this J' Day of�, 2013. otary Public STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC - 1581 MAIN STREET,SUITE 200 f,,.3 3 trj WARRINGTON,PENNSYLVANIA 18976 MM C:= -Y, TELEPHONE:(215)572-8111 CD FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) C©�� X-- CD IN THE COURT OF COMMON PLEAS OF PENNSYLVANIAv FOR CUMBERLAND COUNTY HSBC Mortgage Services Inc. V. Civil Action: 2013-03393 Michael V. Kitner Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Michael V. Kitner 1419 Pheasant Drive South Carlisle, PA 17013-1260 Your real estate at 1419 Pheasant Drive South, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 4, 2013 at 10:00 AM , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $152,921.04 obtained by HSBC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern&Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern&Eisenberg PC, telephone (215) 572-8111. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stem &Eisenberg PC, telephone(215) 572-8111. 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 Stern &Eisenberg PC, telephone(215) 572-8111. 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 a 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 Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. 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 date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 ~ ' STEVEN&BSEmBEx ESQUIRE p5730 M.TROY FREEDMAN,ESQUIRE(8l65) LESLIE J.RASE,ESQUIRE(jX3h5) CHRISTINA C.VIOLA,ESQUIRE(30800y ANDREW 1xxmRczr(3l23]4) STERN&EIuENoERnpc )58l MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 1897b TELEPHONE:(2)5)572'8\\l F^cumuos:(2l5)57%'j025 (COUNSEL FOR PLAINTIFF) \ IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services Inc. V.� Civil Action: 2013-03393 Michael V.Kitner [) ±end MORTGAGE FORECLOSURE RE: PREMISES: 1419 Pheasant Drive South,Carlisle,PA 17013 Dear Sir orMadam: Please hc advised that(represent the above creditor that has u judgment against the above Defendant. Ao a result of a default, the above referenced premises,also described on the attached sheet, will be sold by the Sheriff Vf Cumberland County on Wednesday,December 4, 2Ol3utlO:UVAM at Sheriff's Office, Cumberland County Coord\ouuc, Carlisle,PA 17013 (subject tochange without further oodce). The sale ixbeing conducted pursuant tothe judgment in the amount of$l52,g%}.O4 together with interest, costs(and such other allowed amounts)thereon entered in the above matter in favor of Plaintiff against the above-named Defendant(s)who is/are also the real owner of said premises. I have discovered that you may have u lien and/or interest in the premises tobcsold. This notice io given mn that you can protect your interest, if any, in the lien you have nu the premises. lf you have any questions regarding the type nf lien oc the effect ofthe Sheriff=s Sale upon your lien,wo urge you U` CONTACT YOUR ATTORNEY, as we are not permitted hm give you legal advice. /\Schedule of distribution will be filed bythe Sheriff cma date specified by the Sheriff uo later than 30 days after the sale date and the distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (l0) days thereafter. August I,2Ol3 BY: 7 d�KTEVEN k-EISENBERG,,AES 0 M.TROY FREEDMAN,ES 0 JACQUELINE F.McNAL ESQUIRE O LESLIE J. RASE,ESQUIRE O LEN M. GARZA.ESQUIRE O C.VIOLA,ESQUIRE 10 ANDREW J.MARLJ5Y,ESQUIRE Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-3393 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC MORTGAGE SERVICES,INC., Plaintiff(s) From MICHAEL V.KITNER (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 GARNISHEE(S)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$152,921.04 Plaintiff Paid$ Interest FROM 8/2/13- 12/4/13 @$22.73 PER DIEM$2,818.52 Attorney's Comm. % Law Library$.50 Attorney Paid$183.53 Due Prothonotary$2.25 Other Costs$ Date: AUGUST 2,2013 David D.Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name : ANDREW J.MARLEY,ESQ. Address: 1581 MAIN STREET SUITE 200 WARRINGTON,PA 18976 Attorney for:PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No.312314 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW c CHRISTINA C. VIOLA, ESQUIRE rnW -; STERN AND EISENBERG, PC 'r" t-' 1581 Main Street, Suite 200 The Shops at Valley Square r�- Warrington, PA 18976 (215) 572-8111 r �' I.D. #308909 --- ' HSBC Mortgage Services Inc. Civil Action: 2013-03393 V. Michael V. Kitner MORTGAGE FORECLOSURE Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 Kindly substitute VOLT 2012-RPL2 Asset Holdings Trust,as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: An assignment transferring the mortgage to VOLT 2012-RPL2 Asset Holdings Trust is in the process of being recorded in the Office of the Recorder of Deeds for Cumberland County. Kindly amend the information on the docket accordingly. SWD BERG PC BY OLA Attorney for Plaintiff ,0(.Sp ypl)A" 9/9/13 Ct 5'759D �q59r�o COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -03: , F _ CIVIL ACTION-LAW = `I - 'z r-- ;-f-�--fir�c_ ; CHRISTINA C. VIOLA, ES UIRE r-- `" � STERN AND EISENBERG, PC '� -' The Pavilion G 261 Old York Road, Suite 410 (...o Jenkintown, PA 19046 (215) 572-8111 I.D. #308909 VOLT 2012-RPL2 Asset Holdings Trust, by Civil Action: 2013-03393 Caliber Home Loans, Inc. v. MORTGAGE FORECLOSURE Michael V. Kitner Defendant(s) PRAECIPE TO ASSIGN JUDGMENT Kindly assign the judgment entered in the above captioned matter in the amount of $152,921.04 in favor of the Plaintiff and against the defendant, to the use of LSF8 MASTER PARTICIPATION TRUST 13801 Wireless Way, Oklahoma City, OK 73134. STE`i' DE :NBE'GPC BY: A C` ' WW,V r LA, Esquire Attorney for Plaintiff Sq.50 PAF1M 10/2/2013 058338 a4t05Vs r COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION-LAW Cj CHRISTINA C. VIOLA, ESQUIRE STERN AND EISENBERG, PC 1581 Main Street, Suite 200 ' ' Warrington, PA 18976 , c3 ' I215 572-8111 .D. #308909 Q C--) =C:) , LSF8 Master Participation Trust . rr V Civil Action Number: 2013-0333 - Michael V. Kitner MORTGAGE FORECLOSURE Defendant(s) CERTIFICATE OF SERVICE I,CHRISTINA C.VIOLA,ESQ.,attorney for the within Plaintiff,hereby certify that the notice of the Sheriff's Sale was mailed the Defendant(s) by certified mail, return receipt requested and regular, first-class, postage prepaid mail on October 4, 2013. I further certify that notice of the Sheriff's Sale was mailed to all lienholders by regular, first-class, postage prepaid mail on October 4, 2013 as evidenced by copy of certificate(s) of mailing and certified mail receipt(s) attached hereto. STE I B RG, PC BY: C1h4S,T1NA . IOLA, ESQ. Attorney for Plaintiff 10/18/2013 U.S.POSTAGE,?PITNEY 80WE- F' �J r �........r�' } 02 188976 s 002.10° 0001371685 OCT. 04. 2013 ao N a r---1 N 1 y 1 v 00 co�.0 O • a � �' ro -- -, V 1 cq "C3 Mam 06 0 CC ^ Cd N G0 � yO Vl U � U cn �" V] ♦ ,� LL LL= LL z : C 0 U Q\ "i"..� Q i1-1 D< •ji~.-�� S-i y" f-1 i.".�� -�-y'� C� i=y [�\ a ',.m-_ r--1 CC Q, . o Ca 0 � CCS ri CC y CC ^I • 'C m a m + Wooz U p. G�1 al x Q U M-+ U E-1 U O U H U0.! ¢m °m N EE m� dL' a o ¢co t� c (DI m ; A m� ; y a~i jF 9E 9F AF 3E W y o ;U 5627 9E6fi 0000 0607 ETOz 1 dz N M z cn -0 a u zoo SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff of Cttinot,,,�, Jody S Smith '� '' h F Chief Deputy 4_y ? "' , r :} A-I Ivy: ` 't d r Richard W Stewart Solicitor , E .aE$f RIFF i & 6..t LVII , ; HSBC Mortgage Services, Inc. vs. Case Number Mike Vance Kitner 2013-3393 SHERIFF'S RETURN OF SERVICE 09/30/2013 03:10 PM - Deputy Brian Grzyboski, 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 1419 Pheasant Drive South, North Middleton-Township, Carlisle, PA 17013, Cumberland County. 10/14/2013 09:04 PM - Deputy Jason Kinsler, 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 Elizabeth Shapiro, Girlfriend, who accepted as"Adult Person in Charge"for Mike Vance Kitner at 1419 Pheasant Drive South, North Middleton Township, Carlisle, PA 17013, Cumberland County. 12/04/2013 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, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of$1.00 to Attorney Steven Eisenberg, on behalf of LSF8 Master Participation Trust, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,134.13 SO ANSWERS, °�- January 10, 2014 RONR ANDERSON, SHERIFF oo pi. ad. . S"D t-L ekli 9'/ °2 3oo$7 (C)Coun!ySuite Sheriff,Teleosoft Inc. r' STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services Inc. v. Civil Action: 2013-03393 Michael V. Kitner Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 I, the undersigned attorney for Plaintiff in the above caption, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 1419 Pheasant Drive South, Carlisle,PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s): Michael V. Kitner 1419 Pheasant Drive South Carlisle,PA 17013-1260 2. Name and address of Defendant(s) in the judgment: Michael V. Kitner 1419 Pheasant Drive South Carlisle,PA 17013-1260 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record lien on the property: F 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: PA Department of Revenue Bureau of Compliance Box 281230 Harrisburg, Pennsylvania 17128 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: Domestic Relations Tax Claim Bureau Cumberland County Cumberland County Courthouse 13 North Hanover Street One Courthouse Street Carlisle, PA 17013 Carlisle, PA 17013 Tenant(s)/Occupant(s) 1419 Pheasant Drive South Carlisle, PA, 17013 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. Section 4904 relating to unswom falsification to authorities. Date: August 1, 2013 STERN&EISE $ERG, PC �NNi�f1•VA�'��A eo++iM° No ary public BY: _ 1. piANE �Tsp.,Bucks C' ��ry 2p14 ❑ STEVEN K. E SENBERG •UIRE WallInt 1:Ex Ies D.Au ❑ M. TROY FREEDMAN, E •UIRE hey Commis0 ❑ JACQUELINE F. Mc • Y, ESQUIRE ❑ LESLIE J. RASE, ES(. IRE ❑ LEN M. GARZA, ESQUIRE ❑ 2HRISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Sworn t and subscribed before me this `J Day of , 2013. otary Public di • STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) LESLIE J.RASE,ESQUIRE(58365) CHRISTINA C.VIOLA,ESQUIRE(308909) ANDREW J.MARLEY(312314) STERN&EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PENNSYLVANIA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY HSBC Mortgage Services Inc. v. Civil Action: 2013-03393 Michael V. Kitner Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Michael V. Kitner 1419 Pheasant Drive South Carlisle, PA 17013-1260 Your real estate at 1419 Pheasant Drive South, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, December 4, 2013 at 10:00 AM , at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $152,921.04 obtained by HSBC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Stern& Eisenberg, PC the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call Stern&Eisenberg PC, telephone (215) 572-8111. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling Stern &Eisenberg PC, telephone(215) 572-8111. 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 Stern &Eisenberg PC, telephone (215) 572-8111. 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 a 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 Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after the sale date. 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 date of filing of said schedule. You should check with the Sheriffs Office by calling (717) 240-6390 to determine the actual date of filing of said schedule. 7. You may also have other rights and defenses, or ways of getting your house 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 32 South Bedford Street Carlisle, PA 17013 800-990-9108 717-249-3166 ALL THAT CERTAIN piece or parcel of land situated in North Middleton Township, Cumberland County, Pennsylvania, more particularly shown on a certain plan entitled Final Subdivision Plan of Phase II and III of Pheasant Run Estates for Metlanco, Inc., North Middleton Township, Cumberland County, Pennsylvania Scale: 1"=50' by Gerrit J. Betz Associates, Inc., Engineers & Surveyors, 6 East Main Street, Shiremanstown, Pennsylvania, which plan is filed in Plan Book 29 at Page 7 in the Office of the Recorder of Deeds for Cumberland County. Said lot is more particularly bounded and described as follows: BEGINNING at a point on the western right of way line of Pheasant Drive South, said point also being at the dividing line between Lot Nos. 47 and 48, as shown on the above referred to plan; thence from said point of beginning along the aforesaid dividing line of Lot Nos. 47 and 48, North 83 degrees 10 minutes 21 seconds West, 145.45 feet to a point; thence along land shown as "Recreation and Green Area" on said Plan, North 06 degrees 49 minutes 39 seconds East, 18.00 feet to a point; thence along the dividing line between Lot Nos. 48 and 49 on said Plan, South 83 degrees 10 minutes 21 seconds East, 141.37 feet to a point on the western right of way line of Pheasant Drive South; thence along said right of way line by a curve to the left with a radius of 125.00 feet, 18.50 feet to a point, the Place of BEGINNING. BEING Lot No. 48 of Pheasant Run Estates, Section II recorded in Plan Book 29, Page 7. TOGETHER with the right, in common with others, to pass and repass for ingress and egress over the roads as shown on said map from the lot herein conveyed. SUBJECT to Declaration of Covenants recorded in Misc. Book 242, Page 843 in the Office of the Recorder of Deeds for Cumberland County. HAVING THEREON ERECTED a two-story townhouse known and numbered as 1419 Pheasant Drive South, Carlisle, PA 17013. BEING Parcel ID No. 29-17-1583-092 BEING the same premises which Sermjet B. Ingle, single woman, by Deed dated March 30, 2006, and recorded April 21, 2006 in the Office of the Recorder of Deeds for the County of Cumberland in Book 274, Page 610, granted and conveyed unto Michael V. Kitner, single man, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-3393 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC MORTGAGE SERVICES,INC., Plaintiff(s) From MICHAEL V.KITNER (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 GARNISHEE(S)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$152,921.04 Plaintiff Paid$ Interest FROM 8/2/13-12/4/13 @$22.73 PER DIEM$2,818.52 Attorney's Comm. % Law Library$.50 Attorney Paid$183.53 Due Prothonotary$2.25 Other Costs$ Date: AUGUST 2,2013 ) David D. Buell, Prothonotary //- Deputy REQUESTING PARTY: Name : ANDREW J. MARLEY,ESQ. Address: 1581 MAIN STREET SUITE 200 WARRINGTON,PA 18976 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No.312314 TRUE COPY FROM RECORD In Testimony whereof.I here unto set my hand and the�maid t at Carlisle,Pa. TMs.. ` of ,20/L) Proihonota Jr LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2013-3393 Civil Term TOGETHER with the right, in common with others, to pass and HSBC MORTGAGE repass for ingress and egress over the SERVICES,INC. roads as shown on said map from the lot herein conveyed. vs. SUBJECT to Declaration of Cov- MIKE VANCE KITNER enants recorded in Misc. Book 242, Atty.: Steven Eisenberg Page 843 in the Office of the Recorder ALL of Deeds for Cumberland County. LL THAT CERTAIN piece or par- HAVING THEREON ERECTED cel of land situated in North Middle- a two-story townhouse known and ton Township, Cumberland County, numbered as 1419 Pheasant Drive Pennsylvania, more particularly South,Carlisle,PA 17013. shown on a certain plan entitled Final BEING Parcel ID No.29-17-1583- Subdivision Plan of Phase II and III of 092. Pheasant Run Estates for Metlanco, BEING the same premises which Inc., North Middleton Township, Sermjet B. Ingle, single woman, by Cumberland County, Pennsylvania Deed dated March 30, 2006, and Scale: 1"=50'by Gerrit J.Betz Asso- recorded April 21, 2006 in the Of- ciates,Inc., Engineers&Surveyors, fice of the Recorder of Deeds for the 6 East Main Street,Shiremanstown, County of Cumberland in Book 274, Pennsylvania,which plan is filed in Page 610,granted and conveyed unto Plan Book 29 at Page 7 in the Office Michael V.Kitner,single man,in fee. of the Recorder of Deeds for Cum- berland County. Said lot is more particularly bounded and described as follows: BEGINNING at a point on the western right of way line of Pheasant Drive South,said point also being at the dividing line between Lot Nos. 47 and 48, as shown on the above referred to plan; thence from said point of beginning along the afore- said dividing line of Lot Nos.47 and 48, North 83 degrees 10 minutes 21 seconds West, 145.45 feet to a point; thence along land shown as "Recreation and Green Area"on said Plan, North 06 degrees 49 minutes 39 seconds East, 18.00 feet to a point;thence along the dividing line between Lot Nos.48 and 49 on said Plan, South 83 degrees 10 minutes 21 seconds East, 141.37 feet to a point on the western right of way line of Pheasant Drive South;thence along said right of way line by a curve to the left with a radius of 125.00 feet, 18.50 feet to a point, the Place of BEGINNING. BEING Lot No. 48 of Pheasant Run Estates, Section II recorded in Plan Book 29,Page 7. 75 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: October 11, October 18 and October 25, 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. a Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 • '_� _ '_ate Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy e patriot*Xtws Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant 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 2020 Technology Pkwy, Suite 300, 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 she 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 she 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. / 20134393 ChM Tires illy MORTGAGE sENIl10ES, INC. This ad ran on the date(s)shown below: .-, V _ 10/13/13 MIKE Miry/ sirvt a rg . 10/20/13 ALL THAT CERTAIN piece or parcel of i !� i land situated ffi A th Middleton'lbwnship, `� 10/27/13 Cumberland County,-Pennsylvania, more / particularly shown on a certain plan entitled Fund Subdivision Plan of Phase �. �� / II and III'of Pheasant Run Estates for // Metlanco,Inc.,North Middleton 7bship; Cumberland Couhty, Pennsylvania by Gerrit L Betz Associates,Inc.,,Scale: 1"=50' Sworn • and subscribed be •re a this 11 day of November, 2013 A.D. Engineers&Surveyors,6 East Main Street, Shiremanstown,Pennsylvania,which plan is , filed in Plan Book 29 at Page 7 in the Office :� ' _' t - of the Recorder of Deeds for Cumberland' — ♦ — — V County.Said is more particularly bounded 1 otary Public ' and described as follows:BEGINNING at a point on the western right of way line of Pheasant Drive South,said point also being at the dividingline between Lot Nos.47 and I,��ONWEAL H rO pE__�VNSYLVANIA 48,as shown on The above referred to plan; ivotarsz!Seal thence from said point of beginning.along Dolly Lynn a fd Notary Public the aforesaid y ,r EtNos 47 and Dauphin County 48,North 83 de.=�i minutes 21 seconds Washsngt7 e + L.E West, 145.45 feet to a pant;thence along My Commission Expires Dec.12,2016 land shown as"Recreation and Green Area" MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES on said Plan,North 06 degrees 49 minutes 39 seconds East,18.00 feet to a point;thence COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which LSF8 Master Participation Trust is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 2nd day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 3393, at the suit of HSBC Mortgage Services Inc. against Michael V. Kitner is duly recorded as Instrument Number 201401156. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this )5 day of , A.D. C2OLV___ ) )CtilA-V ,1,,e)hni p Recorder of CU landCoun Recorder of Deed County,Carlisle,PA My Commission Expires the First Monday of Jan.2018