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HomeMy WebLinkAbout13-5995 Supreme Cou t <<of-Pennsylvania Cour of ;COITIlrnoI ,Pleas For Prothonotary Use Only: C�&A, Cove Sheet f it' _ Docket No: Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement oi replace the filing and service of pleadings or other papers as required by lcnv or rules of court. Commencement of Action: S ED Complaint 0 Writ of Summons E3 Petition Transfer from Another Jurisdiction F,1! Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Deutsche Bank National Trust Company, et al Donald S. Failor Dollar Amount Requested: `�0i within arbitration limits Y Are money damages requested? D Yes No 0 (check one) Ox outside arbitration limits N Is this a Class Action Suit? Yes 'x No Is this an MDJAppeal? El Yes El No A Name of Plaintiff/Appellant's Attorney: Andrew J. Marley 0 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 0 Buyer Plaintiff Administrative Agencies C�_.'. Malicious Prosecution 0 Debt Collection: Credit Card 0 Board of Assessment 0 Motor Vehicle - Debt Collection: Other 0 Board of Elections 0 Nuisance i3 Dept. of Transportation [W€ Premises Liability [i Statutory Appeal: Other S Product Liability (does not include L'j mass tort) 0 Employment Dispute: Discrimination 0 Slander/Libel/ Defamation f__ Employment Dispute: Other Ci Zoning Board C 0 Other: T E3 Other: I 0 Other: O MASS TORT El Asbestos N [3 Tobacco _] Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS E] Toxic Waste Other: 0 Ejectment 0 Common Law /Statutory Arbitration B{ Eminent Domain /Condemnation 0 Declaratory Judgment El Ground Rent [3 Mandamus _ Landlord /Tenant Dispute J Non- Domestic Relations x Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY g g Quo Warranto 0 Mort a e Foreclosure: Commercial 0 0 Dental 0 Partition 0 Replevin E1 Legal Quiet Title El Other: 0 Medical Q Other: i Other Professional: Updated 1/1/2011 STEVEN K. EISENBERG, ESQUIRE (75736) - -' I _ L M. TROY FREEDMAN, ESQUIRE (85165) f' V } Y LESLIE J. RASE ESQUIRE (58365) CHRISTINA C. VIOLA ESQUIRE (308909) ANDREW J. MARLEY (312314) in 13 OCT 5 A 19 . 46 STERN & EISENBERG, PC 1581 MAIN STREET, SUITE 200 C UMBERLAND �p���� PE 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 Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California, N.A., as Trustee for American Home Mortgage Investment Trust 2005 -2, by its Civil Action Number: servicer, Ocwen Loan Servicing LLC. 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 COMPLAINT IN V. MORTGAGE FORECLOSURE Donald S. Failor 429 Dark Hollow Rd Shermans Dale, PA 17090 -8207 Defendant(s) 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 4 103.?S� n 0 ;Qq 08 I 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 notification. Ademas, la 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 deuzauda 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 surcieute de pagan tal PROVIDE YOU WITH INFORMATION servicio, vaya en persona o llanze por ABOUT HIRING A LAWYER. telefono a la ofieina cuya direction se encuentra escrita abajo para averiguar IF YOU CANNOT AFFORD TO HIRE A doude se puede conseguir asistencia legal. LA WYER, 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 Information Legal) Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 800 - 990 -9108 717 -249 -3166 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. 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 Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California, N.A., as Trustee for American Home Mortgage Investment Trust 2005 -2, by its servicer, Ocwen Loan Servicing LLC. Civil Action Number: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 COMPLAINT IN V. MORTGAGE FORECLOSURE Donald S. Failor 429 Dark Hollow Rd Shermans Dale, PA 17090 -8207 Defendant(s) COMPLAINT CIVIL ACTION - MORTGAGE FORECLOSURE 1. Plaintiff is Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California, N.A., as Trustee for American Home Mortgage Investment Trust 2005 -2, by its servicer, Ocwen Loan Servicing LLC. (hereinafter referred to as "Deutsche Bank National Trust Company, as trustee, by its servicer, Ocwen Loan Servicing LLC. ") with offices located at 1661 Worthington Road, Suite 100, West Palm Beach, FL 33409. 2. Defendant is Donald S. Failor, an adult individual with a last -known address of 429 Dark Hollow Rd, Shermans Dale, PA 17090 -8207. 3. Under date of 05/17/2005, Donald S. Failor, executed and delivered to MERS, Inc. as nominee for American Home Mortgage Acceptance, Inc., A Corporation a mortgage upon the property 15 -17 Carlisle Pike, New Kingstown, PA (the "Property ")to secure the payment of the sum of $76,000.00. The said mortgage is recorded in the Office for the Recorder of Deeds in and for Cumberland County on 05/27/2005 at Book: 1908, Page: 3427 and is incorporated herein by reference as though set forth at length herein. A copy of the mortgage and legal description of the Property is attached hereto and made a part hereof as Exhibit "A ". 4. An assignment transferring the mortgage originally with MERS, Inc. as nominee for American Home Mortgage Acceptance, Inc., A Corporation (Originating Lender) to Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California, N.A., as Trustee for American Home Mortgage hlvestment Trust 2005 -2, was prepared and is in the process of being recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania. 5. Donald S. Failor is the real owner of Property 15 -17 Carlisle Pike, New Kingstown, PA 17072. 6. In accordance with Pennsylvania law, the required pre - foreclosure notice (under Act 91 /Act 6 as may be applicable), was sent to the defendant and no response was made in the appropriate period of time. A true and correct copy of the aforesaid notice is attached hereto and made a part hereof as Exhibit `B ". 7. The said loan is in default as a result of the failure to pay the monthly installments of $782.25 due on March 1, 2013 and on the same day of each month thereafter. S. The following is due on the loan: PRINCIPAL BALANCE ... ............................... .....................$43,271.02 INTEREST accrued thru 08/23/2013 of ......... ......................$1,517.49 Interest after 08/23/2013 shall accrue at the per diem rate of $7.51.) LATE CHARGES accrued thru 08/23/2013 of .....................$521.28 Late charges after 08/23/2013 shall accrue at the monthly rate of $32.58.) ESCROW ADVANCES . ............................... ........................$384.76 FEES BILLED .................. ............................... ......................$1,779.60 ATTORNEY'S FEE ............................... ............................... $2,163.55 TOTAL.............................. ............................... .....................$49,637.70 Attorney fees are allowed in conformity with the mortgage documents and Pennsylvania law, and may be requested as part of any judgment requested and collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to Sale, reasonable attorney fees will be charged based on work actually performed. WHEREFORE, Plaintiff, Deutsche Bank National Trust Company, as trustee, by its servicer, Ocwen Loan Servicing LLC. requests this Court to enter judgment, IN REM, for foreclosure of the mortgaged property, for the sum of $49,637.70 and all other amounts set forth above, less any suspense as set forth above, together with record costs and any other amounts that accrue over the course of the instant matter and to which Plaintiff is entitled to recover. STERN & ERG C BY: ❑ EVEN K. EISENBERG, E"SQ E ❑ M. TROY FREEDMAN .S E ❑ JACQUELINE F. Mc ALIcI', ESQUIRE ❑ LESLIE J. RASE, E RE ❑ LEN M. GARZA, ESQUIRE ❑ NREW RISTINA C. VIOLA, ESQUIRE AD J. MARLEY, ESQUIRE �7 �� Attorney for Plaintiff Date: ���� �—lll LSJ1 Re: Donald S. Failor 15 -17 Carlisle Pike, New Kingstown, PA 17072 VERIFICATION I, Kartene Dunkley hereby state that I am Contract Management Coordinator of Ocwen Loan Servicing, LLC, mortgage servicing agent for Plaintiff in this matter. The Plaintiff has delegated the mortgage servicing responsibility to Ocwen Loan Servicing, LLC for the mortgage loan which is subject of this action. Ocwen Loan Servicing, LLC maintains and is in control of all documents and records supporting the statements in the foregoing complaint and therefore the servicer, rather than the Plaintiff, is the appropriate entity to make this verification. I have reviewed the business records relating to this account and am authorized to make this verification. I hereby verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of my information and belief. I understand that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: o `? Name: atiene O u nklay Title: Contract Management Coordinator Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California, N.A., as Trustee for American Home Mortgage Investment Trust 2005 -2, by its servicer, Ocwen Loan Servicing LLC. ( %Y t-7 8) I 09 Prepared By: Megan Shea 2 West Lafayette Street Suite 325 Norristown, PA 19401 Return To: American Home Mortgage Acceptance, Inc. 520 Broadhollow Road Melville, NY 11747 Parcel Number: 38 -19- 1621 -035 dSp m Above lVm Use For Reeor� Ihda) MORTGAGE WN 100314000008048620 DEFINITIONS Words used in multiple sections of ibis document arc defined below and other words arc defined in Sections 3, 11, 13, 18, 20 and 21. Ccrbda rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Inshwment" means this document, wbicb is dated May 17, 2005 , together with Al Riders to this document- (B) "Borrower" is Donald S. Failor Borrower is the mortgagor under this Security Instrument- (C) "MERS' is Mortgage Edectraaic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for .leader and Leader's successors and assigns. MFRS is the wmwtpgee order. this Security Inshvmeet. 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 -MGRS. DOC 1:324241 APPL 4:0000804862 PENNMVAIdIA , - Single Fmwly - Faaaie MwAN*d&e Mae UNWORM INSTRUMEN - r WITH MFRS ( k4WA) <.D Farm 30019 161 me91 9912 FWtd16 VMr MaAggr Sdut:ou, iw- (lAOySlI•729l EXHIBIT a - SK 1 S0�3FG��27 (D) "Lender" is American Home Mortgage Acceptance, Inc. Lender is a Corporation organized and existing under the laws of State o-f New York Lender's address is 538 Broadhollow Road, Melville, NY 11747 (E) "Note" means the promissory note signed by Borrower and dated May 17, 2005 The Note states that Borrower owes T -Ader Seventy Six Thousand and No1100 boilars (U.S _ $ 76,000-00 } plus iot crest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in frill not later than June 1, 2020 (-T) " Property" means the property that is descr below under the heading "Transfer of Rights in the Property -" (G) "Lean" means the debt evidenced by the Note, phis 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 Instniment that are executed by Borrower. the following Riders are to be executed by Borrower [check box as applicable]: Q Adjustable Rate Rider Q Condominium Rider Q Second Home Rider Q Balloon Rider Q Plannal Unit De:ve)opmeut Rider XQ 1-4 Family Rider Q VA hider Q Biweekly Payment Rider Q Othcr(s) [sp —fy] (1) "Applicable Lase" means all controlling applicable federal, state and local statutes, regulations, ordinances and adminisfratge rules and orders (that have the effect of law) as well as all applicable final, non - appealable jndieial opinions. (J) "Commonity Association Does, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, bomeowners association or similar organization. (I) "Electronic Funds Transttr" means any transfer of funds, other than a iransaaim originated by check, draft, or similar paper irtstr=ent, which is initiated through an elettrrook 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 arc described in Section 3. (M) "MisceFLneous Proceeds" mesas any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for: (1) damage to, or destruction of, the Property; (u) corxlcamation or other taking of all or any part of the Property; (iii) conveyance in lieu of condernm6on; or (iv) misrepresentations of, or omissions as to, the vahre and /or condition of the Property. (N) "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 (iii) any amounts under Section 3 of this Security Instrument. DOC 1.-324242 APPL #:0000804862 6E►(PA) canner K 2416 Form 3039 1101 8#CIg 0VIG314 28 (P) "RESPA" means the Real Esdate Settlement Proetdures Ad (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R.Part 35(10), as tbcy might be amended from time to time, or any additional or RK=ssor 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) "Suocesaor is Interest of Borrow" 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 Inshziment secures to I.coder: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (n) 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 nomioee for header and Lender's succxssors and assigns) and to the successors and assigns of MFRS, the following described property located in the County rrypr of Recora+ag Jnrndiu l of Cumberland [Name of Recording Jurkdic6ov): which currently has the address of 15 -17 Carlisle Pike Put-] New Kingstown [Cit , Pennsylvania 17072 [Zip Code] ( "property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all casements, appurtenances, and fixtures now or bereafter 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 NEM 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 Leader's successors and assigns) has the right: to exercise, any or all of those interests, i nchxHng, but not limited to, the right to foreclose and sell the Property; and to take any action required of Leader including, but not limited to, releasing and canceling this Security Instrument. DOC 4:324243. APPL !::0000804862 -"(PA) (.M r.� s d as Form 30" 1101 • BK 19 J ` 4 � BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgpge, grant and convey the Property and that the Property is unencumbered, except for eocurnbranoes 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 SECURYff INSTRUMENT combines uniform covenants for national use and non- uniform covenants with Limited variations by jurisdiction to constitute a uniform security instmmaeat covering real property- UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paymmi of .Principal, lstereA, Facrow Items, Prrpsymmeat Charges, and We Chsrges. Borrower shalt Pay when due the pnocipai of, and interest oo, the debt tv"=cd by the Note and any prepayment charges and late charges due under the Note. Borrower shall also Fay funds for Escrow Items j 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 Now and this Security Instrument be made in one or more of the following forms, as selected by Lender- (a) cash; (b) money outer; (c) certified Check, bank check, treaswer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insurod by a federal agency, ;.+t+*„re entaliiy, or entity; or (d) Eiaaronic Funds Transfer_ Payments are deemed received by Lender when received at the location desgnaled in the Note or at such other location as may be designated by Leader in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insaWr]ent to bring the Loan current_ Leader may accept any payment or partial payment insaffic k at to bring the Loan cured, without vraiver of any rights hereunder or prejudice to its rights to refuse such payment cw 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 unapplicd funds. Lender may hold such unapplicd 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 j 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 oc 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 Instr=ent or performing the covenants and agreements scarred by this Security Instrument_ 2. AppL'utioa of Payments ar 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 lnsftn ment, 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 dclinquMA 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 DOC #:324244 APPL 4:0000804862 Z_ ®�p(ppl tl r.� a.i ra Foam 3049 1101 DV uL1 Lit 30 4 full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied .first to any prepayment charges and then as dcscrtkcd 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. Fm m& ter Faxon Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Rote is paid in full, a saw (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 insaaratacc mquised by Lender under Section 5; and (d) Mortgage Insurance premium , if any, or any sums payable by Borrower to L.eoder in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 14. The= 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 Leader 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 barn waived by L.cndcr and, if Leader requires, shall furnish to Lender receipts cv deacmg such payment within such time period as Lender may require. Borrower's obligation to make suc3t payments and to provide receipts shall for aA purposes be deemiod to be a covenant and agreement con boned in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9.. Borrower is obligated to pay Escrow Items directly, parsamt to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Leixkr. may exercise its rights under Section 9 and pay such amount and Borrower shall then. be obligated under Section 9 to repay to L.tuder 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 they 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 specifiaed under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, insh moentality, or entity (inchx ttg Lender, if Lender is an institution whose deposits are so u weed) or in any Federal Horne 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 bolding 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 ou 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 DOC # :324245 APPL #:0000804862 e f 1ib.ts: }�! -"CPA) (a rye 5.(16 Form 3039 U01 Qs Funds. Lender shall gave to $ocrowcr, without charge, are annual accounting of the Funds as required by RFSPA- If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall accouat to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds bold in escrow, as defined under RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance witb RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds bold in escrow, as defined wider 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 frill of all u rius secured by this Security lasbnment, Lender shall promptly refund to Borrower any Funds held by Leader - 4. €:largest Liens. Borrower shall pay all taxes, assessments, charges, Goes, and impositions attributable to the Property which can attain priority over this Security Insmrment, leaseloid payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessmcats, 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 dischargc any lico which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by true Lien in a manner acceptable to Lender, but only so bog as Borrower is performing such agreement: (b) contests the lien in good faith by, or defends against enforc enwAt of the lien in, legs) proccc tags which in Lender's opinion operate to prevent the enforcement of the lien while those pn =ediap are pending, but only uuta such procoocfings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Leader subordinat5og the lien to this Security Instrument. If Lender dctamioes that any part of the Property is subject to a lien which can attain priority over this Security Iesb me nt, Leader 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 at take one or more of the actions set forth above in this Sectkm 4. Tender may require Borrower to pay a one -time charge for a real estate tax verification and /cur reporting service used by Lender in connection with this Loan. S. Prop" lasursoce- Borrower shalt keep the improvements now existing or hereafter erected on the Property insured agauLA loss by Fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which .Leader 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 terra of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Leader'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 Borcowcr. 0CC 4:324246 APPL #:0000804862 �(pA) (ooM n a et 16 Fora 3 3ffff - j 9 U _" If Borrower fads to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rare from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insurance poly m required by header and renewals of such policies shall be sub)ect to Lender's right to disapprove such polkics, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee- Leader 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 ].ender, 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 gyve prompt notice to the insurance carrier and Leader. Lender may make proof of loss if not made promptly by Borrower- Unless Leader and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insu -amx was required by Leader, shall be applied to restoration or repair of the Property, if the restoration or repair is e0000micalty feas�bk 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- Leader 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 shalt not be required to pay Borrower any interest or earnings on such proceeds- Fecs 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 Tgxkir is not economically feasrbk or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrumen whether or not then due, with the euocss, 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 respw 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 Leader (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 uammod 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. DOC #:329297 APPL #:0000809862 s - Oft- &A(PA) lone 3439 Vol 6. ()ecxipatney. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrurnent 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 octenuating Circumstances exist which are beyond Borrower's control. 7. Preservabor, Madatewwux asd Protection of the Property; Inspe boas. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property - Whetber or not Borrower is rending in the Property, Borrower shall maintain the Property is order to prevent the Property from deteriorating or dttxeasirg in value due to its condition. Unless it is determined pursuant to Section 5 that repair or rcaora6oa is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If i nsurance or coodernnatian proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be respoomble for repairing or restoring the Property only if Lender has released proceeds for such purposes. Leader 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 suffxicnt to repair or restore the Property, Borrower is not relieved of Borro% cr's obligation for the completion of such repair or restoration. Leader or its agent may mate reasonable entries upon and .inspections of the Property. If it has reasonable ca ose, Lender may inspect the interior of the improvements on the Property. Leader shall give Borrower notice at the time of or prior to such an interior raspecbm specifying such reasonable Cause. S. Borrewer Lam Application. Borrower shall be to defeat if, dwing the Lin 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 Larder (or failed to provide Leader with material information) in connectioo with the Loan. Material representations include, but are not limited to, mprescatadoas concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Prvtcdioe of Lender's Interrsi in the Property and Rights Under this Security Inarasxat. if (a) Borrower fails io perform the covenants and agreements contained in this Security instrumen (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 again 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 Secxuity Instrument, including protecting and/or assessing the value of the Property, and securing and /or repairing the Property- Lender's ac bow can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, Mange 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 Seaton 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. DOC #:324248 APPL 4:00D0804862 - 6A(PA) Fore - QW 1101 BKl933G3434 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 Leader to Borrower requesting payment. If this Security Instrument is on a irasebold, Borrower shat] comply with ail the provisions of the )ease. If Borrower acquires fee We to the Property, the leasebold and the fee title shall not merge: unless Lender agrees to the merger in writing- 10, MostgMpe Inswunce. If Leader 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 tbt 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 Mortgag Insurance previously in effect, at a cost sttbslantial}y equivalent to the cost to Borrower of the Mortgage Insuiaam previously in effect, from an alternate mortgage insurer selected by Lender_ if substantially equivalent Mortgage )asarance 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 to effect- Leader will accept, use and retain these payments as a non - refundable loss reserve in lien of Mortgagc Insurance. Such loss reserve shall be non-refundabie, 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. Leader can no longer require loss reserve payments if Mortgage Insurance coverage (in" the amount and for the period that )tender requires) provided by an insurer selected by Ltoder agin becomes available, is obtained, rind Lender requires separately designated payments toward the premiums for Mortne Insurance. If Lender required Mortgage Insurance as a condition of mating the Loan and Bocrowcr was required to make separately designated payments toward the premiums for Mortgage Insti ance, Borrower shall pay the premiiums required to maintain Mortgage Insurance in effect, or to provide a nor- refundable loss reserve, until Lender's requirement for Mortgegc Insurance ends in accordance with any written went 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 is 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 ate on terns 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, Leader, 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 of modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Leader 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 sglreen ends will not ~ tht amounts that Borrower has agreed to pay for Mortgage Insrumene, or any otimm terms of the Loon. Such rents wifl not increase the amoaat Borrower will owe for Mortpe hmumam, and they w9l sot entitle Borrower to any ret ad. DOC 4:324249 APPL 4:0000804862 ® /tl (OOpB) t 9.f 16 Form 3W9 IMI (b) Any such agreements will not xlTed the rights Borrower bas - if any - with respect to the Mortme IrnssrawAm under the Homeowners Protectim Act of 1998 or any other law. These rights may include the right to receive certain disdoswes, to request and obtain cancellation of the Mortgage Insurance, to bare the Mortgage lasurance terwhrated A ntnam d;ca8y, and/or to receive a rebud of any Mortgage Insuaraam pre amms that were aaaerned at the time of such caeceflatiea or ternawabon. 11. Asdgarweat of Misoellase Proms d&; 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. Ihuiag such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Leader has had an opportunity to inspect such Property to cnsum the work has been completed to Leader's satisf action, provided that such inspection shalt be undertaken promptly- Lender may play for the repairs and restoration in a single disbursement or in a series of progress payments as the work is compleu:d. 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 Misce llaneous Proceeds. If the restoration or repair is not ec000rnically 16=1 AC or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not dam due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a cola! taking, destruction, or loss in vahne of the Property, the Mis<xrianea,s Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with We 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 bumodiately before the pmtsal talrrng, 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 mukq>bod 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 L4oder 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 need 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 suns secured by this Security Instrument, whether or not then due. "Opposing Party" means the thud 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 Leader's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of DOC #:324250 APPL #:0000809862 itPAl t000et rw loci re F.3009 1101 SKl90011 u-4'J i Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attribatable to the impairment of Lender's interest in the Property arc btreby assigned and shall be paid to Leader. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the, order provided for in Section 2. 12. Berrwaer Not Released; Forbeararim By I.etatla:r Not it Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Leader to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Inttsest 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 secs ed by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Leader in exercising any right or remedy including, without limitation, Leader's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shalt not be a waiver of or preclude the exercise of any right or remedy_ 13. JeW and Several 13rbrl;'ty; C - signerai Sweeasors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and tiabiUy shall be joint and several. However, any Borrower who co -signs this Security Instrument but does not execute the Note (a "co-sigper ^): (a) is co- signing this Security Instrument only to mortgags, grant and convey the co- signer's inttrrst in the Property under the terms of this Security lasarunm=; (b) is not personally obligated to pay the sins scoured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any acvornmodations with regard to the terms of this Seaaity 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 Severity Instrument in writing, and is approved by Lcndtr, shall obtain An 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 Leader agrees to such release in writing. The awmants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assign of Leader. 14. Loan Charges. Lender may chargt Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's ialerest in the Property and rights under this Security Instrument, inc oiling, but not limited to, attorneys' fees, property inspection and vahmtion 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_ Leader 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 fiaally interpreted so that the interest or other loan charges collected or to be collected in connexion 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 awed 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_ DOC 4:324251 APPL 4:0000804862 O -6A(PA) (ppClRj rW ]f d 16 Fof7LL 3039 ue2 1 6 K 190 ►IG3437 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 lnsrument shall be deemed to have been given to Borrower when mailed by first class marl 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 s bsdwte notice address by notice to Lender- Borrower shall promptly notify Leader of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a chaagc of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one tame. Any notice to Leader shall be given by delivering it or by mauling ii by first class mail to Lender'. s address stated benzin unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instn"cat shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security lotrument is also required under Applicable Law, the Applicable Law requirement will satisfy the Corresponding requirement under this 5ccacky Instrument. 16. GoverWag Law; Severabfty; Rennes of Coustntctioe. Tbis Security Instrument shall be governed by federal law and the law of the jwisd ction in which the Property is located. All rights and obligations Contained in this Security Instrumnot are suhjeet to any requirements and limitations of Applicable Law. Applicable Law might catplicitly or implicitly allow the parties to agree by contraa or it *night 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 ?Vote which can be given tffect without the conflicting P- -m- As used in this Security Instrument (a) words of the mascstrine gender shall mean and inchtde corresponding nduer 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 w AbotA 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_ Translkr of the Property or a Betiefi al Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, iocludiog, but not limited to, those beneficial interests irnaderred in a bond for deed, contract for dead, 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 fi aw erred (or if Borrower is not a natural person and a beneficial interest. in Borrower is sold or transf6rred) without Lender's prior written consent, Lender may require immediate payment in full of all semis secured by this Security InstrumeaL However, this option shall not be exercised by Leader if such exercise is probibited by Applicable Law. If Lender exercises this option, Lender shalt 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, Linder may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reiaatafe After Acceleration. If Borrower meets certain conditions, Borrower shall have the riglt to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due: under this Security Instrument and the Note as if no aoceleration Lad occurred; (b) cures any default of any other covenants or agreements; (c) pays all DOC #:324252 APP? *:0000804862 4,MAq moos) ! Ze 32 d 76 1 SK 19831 =,3438 expenses incurred in enforcing this Security Instrument, including, but not limited to, reasona attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Leader's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Leader's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums soured by this Security lnstrumeat, s1tai) continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as scloctod by Leader: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Insncumaot 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 a=)erarioo under Section 18. 20. Sale of NoW,, Change of loan Servicer-, NWce 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 (lmawn 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 Low Serriocr, Borrower will be given written notice of the grange 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 in connection with a notice of transfer of servicing. If the Now is sold and thereafter the Loan is serviced by a Doan Serviecr other than the purduscr of the Nate, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower oar Lender may commence, join, or be joined to any judicial action (as either an individual litkpiot 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 awed by reason of, this Security lnstrument, 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. Hw rdona St bstance& 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 removed 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. DOC #c324253 AFFL #:0000804852 � 4A(P (o-n 13,9 Fore 3m9 1Jm BK 1 900ru B0mro9vra 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 EaviromroeDtal Condition, or (c) which, due to tbt presence, use, or release of a Hazardous Substance, creates a ooD& t M 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 arc 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 invesiirAiOO, claim, demand, lawsuit or other action by any govcrmmental or regulatory agency or private party involving the Property and any Hazardous Substance or Fxvkx nmeatal Law of which Borrower has actual knowledge, (b) any Environmental Condition, inicludivg but not limited to, any spilling, leaking, discharge, release or threat of release of any hazardous Substance, and (c).any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any Wvern<nental or Modatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is accessary, Borrower shall promptly take all necessary remedial aeons in acomk ace with Environmental law. Nothing herein shall create any obligation on Lender for an Environmental Ckamp- NON- UNIFORM COVENANTS. Bonvwer and Lander further covenant and agree as follows: 22. A Remedies. Lender shall give notice to Berrouvor prior to Accekr* of following Borrower's breach of any covenant or agueerntat in this Security Instrument (bud not prior to unless amel ration rider Section IS unless Applicable Law provides othcrwbe)- Leader shall notify Borrower of, ameeg ether tking-c (a) tike debuk, (b) fire action required to care eke deba t; (c) wbes tee default roust be cured; and (d) tkat fa kite to nit the deft" as apecilled sal resell in acaderatior of tke serous secured by this Soon* lastrpmeW, k ecloQnre by jtxnt I proceeding and sak of the Property. LM"h r shad fluathrr Mfor" BosrWwes' of eke rift to re matste alder actderatiea aid the right to assert in the foeedoswe pr the aarrsmiglevae of a defaak or any odwr defeanae of Borrower to acceh ratiom and fvrechmmr. If the dehdl is not cured as specified, Leader at its option BOY require immedisk payment in fern of a1 eona, secured bar thin Security Isatr+ouneat witthw her t fWi de.naod and may rereclose Ws Security LostrinaaM by judicial proceedin& header shag be entitled to collect nit expenses im mmil in punning the ressedies provided m this Section 22, ludtsdM& bet not Iratiied to, attorneys tees and costs of trek 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 occairreac e, 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 Arty 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 Instmirment, and hereby waives the benefit of any present or f itme laws providing for stay of execution, extension of time, exemp600 from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument- 26. Panckase Monty Mortpgc. if any of the debt secured by this Security In sfturnrn t is lent to Borrower to acquire title to the Property, this Security Instnunent shall be a purchase money mortgage. 27. Intertst Rate After Jsde9weM. Borrower agrees that the interest rate payable after a ,judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. DOC #:324254 APPL 4:0000804862 1� Cpl r.� u d is Fnr,n 30" 1101 HK!908H" 40 BY SIGNING BELOW, Borrower accepts and agrees to the kerns and covenaofs contained in this Security Instrument and is a" Rider executed by Borrower and recorded with it_ Witnesses: oral S. F3ilor Botrvwer (Seal) - Borrower (SCVJ) (Seal) 430rq„a - EkmTower (SCM) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower -Borrower DOC #:324255 APPL #:0000804862 - 6A(PA) (coos) rw ss a 16 Form 30" 1/01 BK190BPUG 441 l COMMONWEALTH OF PE fNSYLVA.NIA, Cumberland Coast, ss: On this, the 17th day of May, 2005 , before me, the uodersigned officer, personalty appeared Donald S. Failor bis,", kno wn to me (err satisfactorily ►o be the persons) whose name(s a subscribed to the within instrument and acknowledged t sbe /they cx=W d the same for the purposas herein contained_ IN WITNFSS WHEREOF, I bemato set my hand and official sea]. My Commission Ezpirm MK. F KNNSYL,VANtA F.AL DANITMAid, N Public New Cu mbertatid Boro., Cumberland Co, MY t omrttittaton Expires Jan. 21, 2009 T o> Cartitkxtc or Resideeoe I, bAvxn t-1, , do hereby certify that the correct address of the within -mined Mortgagee is P.O. Box 2026, Flint, MI 48501 -2026. Witness my hand this 17th day of May, 2005 DDC #.324256 APPL #:0000804062 lor' at- 6A(PA) r.a� 16 of 16 Form 3019 I(OI - f r' L$GAL DBSCRZPT10 tit I u trod arp"vd arlodard pwis is sihrrrs, ! aid i i Kiup6w, TOWN@* StOwn 309iW& Q'WW0FtWNb0dWd *d NG - as�pl�/aesodio� as �bile� - � t st.p..tatilMes�iks ietaoauif�eb bCie s r �rcaoiaoi K &AIncs ottu * t to soon i.�r+s . � , s�earfN�i�tbape��ooiori�j ►b�rlo+t�o�+ar ' � d'iiNow 0162 fat is spat atsid lsacs s ar�i�M 'k itNe+o :mid irrlii�s �'Y`.aci`rdcli)u�'), a�oo vt�O frstta►erep�ta.i� pt # i _ P1�Ri a:�iaiicsak i+wifi� i�oMroba�sa�. �. . . 1 l? Cst�IttdtR 2�to�r �ie�oa� Cl+aibetirrd Carty. ��� -- � . 3 i F:- ccc..rcl r of D eds BEING TT)S�4 I PREMISES which Dwayne A. Deimler, by his Deed dated , 2005, and about to be recorded in the Office of th Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Donald S. Failor, .Mortgagor h ren. �0 3 FG 4 1 -4 FAMILY RIDER (Assignment of Rents) THIS 1-4 FAMILY RIDER is made this 17th day of May, 2005 , and is inc7otporated into and shall be deemed to amend and supplement the Mortgage, Decal of Trust, or Security Deed (ibe "Security Instrument") of the same date given by the undersigned (the "Borrower ") to secure Borrower's Note to American Home Mortgage Acceptance, Inc- (the " Lender ") of the same date and covering the Property described in the Security Instrument and located at: 15 -17 Carlisle Pike, New Kingstown, PA 17072 (Property Add- -I 14 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and lender further covenant and agree as follaws: A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the Property described in the Security Instrument, the following items now or hereafter attached to the Property to the extent they are fixtures arc added to the Property description, and shall also constitute the Property covered by the Security lastrumcm: butikfing materials, app)ianc es and goods of every nature whatsoever now or btrearfter located in, on, or used, or intended to be used in connection with the Property, including, but not Iirmtcd to, those for the purposes of supplying or distributing heating, cooling, electricity, gas, water, air and Iegbt, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, inchrdittg replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the forrgoiug together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) arc referred to in this 1 - 4 Family Rider and the Seaffity Instrument as the "Property -" DOC #:319831 APPL # :0000804862 MULTISTATE 1- 4 FAMStLY RIDER - Facie Mac UNIFORM INSTRUMENT C 11 r� ,_� M31 0 0 0 8 htgc I of 4 Feat 31701/01 � "' ^ (0008) VMP MORTGAGE FORMS - (800)521 -7291 9K1900PG3444 B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Center has agreed in writing to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shat] not allow any lien inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission. D. RENT LOSS INSURANCE. Borrower shall maintain insuraom against rent loss in addition to the other hazards for which insurance is required by Section 5. E. " BORROWER'S RIGHT TO REINS'T'ATE" D F.i.ETED . Section 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LFASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property_ Upon the assignment, Lender shall have the rigbt lo modify, extend or terminate the.eusting leases and to execute new leases, in Lender's sole discretion. As used in this paragraph G, the word "lease" shall mean ".sublease" if the Security Instrument is on a leasehold_ A. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely acct unconditionally assigns and transfers to Lender A the rents and revenues ( "Rents ") of the Property, regardless of to whom the Rents of the Property arc payable. Borrower autborizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property sball pay the Rents to Lender or Lender's agents. However, Borrower shall receive the Rents until: (i) Lender has given Borrower notice of default pursuant to Section 22 of the Security Instrument, and (it) Lender has given notice to the tenant(s) that the Rents are to be paid to Lender or Lender's agent_ This assignment of Rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (ii1) DOC #:319832 APPL 1:0000804862 /�J 4-578 (0000) Page 2 of 4 For" 3178 Vol BK 19 08i=ru 3445 Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lcoder's agents upon Lender's written demand to the teaaat; (iv) unless applicable law provides otherwise, all Rents ooilected by Louder or Leader's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, iocluding, but act limited to, attorney's fees, receiver's fees, premiums on nxeiver'sboods, repair and maintenance exists, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents achuDy received; and (vi) Leacher shall be eatitkd to have a receiver appointed to take possession of and manage the Property and collect. the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security_ If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property and of collating the Rents any funds expended by Lender for such purposes sham become indebtedness of Borrower to Leader secured by the Security Instrument pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not perform, and wM not perform, any act that would prevent Lender from exercising its rights under this paragraph. Leader, or Lender's agents or a judicially appointed receiver, sham not be required to enter upon, take control of or maintain the Property before or after giving notice of default to Borrower. However, Leader, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs. Any application of Rents shall not am or waive any default or invalidate any other right or rtmedy of Leader_ This assignment of Rents of the Property shall terminate when all the sums secunxt by the Security Instrument are paid in full. L CROSS - DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest sbam be a breach under the Security Instrument and Lender may invoke any of the remedies permitted by the Security Instrument. DOC #:319833 APPL #:0000801862 (�-5TR (0006) Page 3 of d Form 31701Jtt1 8K 19 08x1, J L1, 5 BY SIGNING BELOW, Borrower accepts and agecs to the terms and provisions contained in this 1-4 Family Rider_ (Scal) (Seal) D Id Failor - Borrower '� (c (Seal} - Borrower - Borrower (Seal) (Seal} -borrower Borrower (mil) ( mil) - Borrower - Borrower. CQC #:314834 APPL #:0000804862 Page a of d Form 31701/01 $ 1 °Q N3� #4� f Stern & Eisenberg, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215)572 -8111 Date: July 11, 201.3 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 REDIMIR SU HIPOTECA. E BIT HOMEOWNER'S NAME(S): Donald S. Failor PROPERTY ADDRESS: 15 -17 Carlisle Pike, New Kingstown, PA 17072. MAILING ADDRESS: 429 Dark Hollow Rd, Shermans Dale, PA 17090 -8207 LOAN ACCT. NO.:� ORIGINAL LENDER: MFRS, Inc. as nominee for American Home Mortgage Acceptance, Inc. CURRENT LENDER/SERVICER: Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California, N.A., as Trustee for American Home Mortgage Investment Trust 2005 -2 by its servicer, Homeward Residential, 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: x IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, X IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND x 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 telephone 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 TIME 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: 15 -17 Carlisle Pike, New Kingstown, 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 March 1, 2013 through and including July 11, 2013 as follows: Payments of $782.25 due on 03/01/2013 through and including 07/01/2013, inthe amount of ................ ............................... ......................$3,911.25 Other charges (explain/itemize): Latecharges: .......................................................................... $521.28 Feesbilled ......................... ............................... ......................$1,458.60 Other charges ( explain) . ............................... ..........................$0.00 Lesssuspense ................ ............................... ..........................$0.00 TOTAL AMOUNT PAST DUE: .................................................... $5,891.13 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 $5,891.13, 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: Ocwen P.O. Box 6440 Carol Stream, IL 60197 -6440 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 rope rty. 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 THIRTY (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; you 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 paying the total amount then past due plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs 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: Deutsche Bank National Trust Company as Trustee, by its servicer, Homeward Residential, Inc Address: P.O. Box 6440 Carol Stream, IL 60197 -6440 Phone Number: 800 - 310 -9229 407 - 737 -6300 (fax number) 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 Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may 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 & E ENBERG BY: Ste Eisenberg, PC 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. - Corn prehensive Housing : MgNSYLYAMA HOU fH^ FrrA JCE A GErl0 i .C.OUnseI fin g Ag Agendas de Canseja al Cliente pars ltivienc{a: Cumberland County " CCCS & Western PA -.York 55 Cbvu Hill Road Dallastowh. PA 17313 M.5:11.222 71888:5112227 �NN•l.CC.Sna /J14 Community Action % ommission -cap Hal Region 1514 DeffySt Hardshurg PA 17184 71 ?232.9757 W.N•l.Ca^td^J.,'ut1N.Of0 Harrisburg Fair Housing Council 21001.16th St Hardsh'un3 PA 17110: 717.238.9540 Housing.4 RedevelopmgntAuthority- Cumberland Cnty 114 N HanoverSt;STE 104 CarlisL PA 17813 866.683.59071 71 7 249.0 ?69 -,%oNacchra:Coal Pat hWone Corporation Pennsylvania 1625 North Ser»nd St Hardsliurg PA 17102 717.234.6616 :N.nlnrali: �i't+�nathet!inP�a htm Perinsylvania Interfaith Community.Programs, Inc, 40.E Hi91i St Getry_ttiurg PA 17325 ?17.334.1518 nn<rivadamscha.ar� NOTE Mary of the'agencies offer worksheps atvarioiis location sites; call ta.find a location near you Report last i pdated: 4/3011012 9;D3:04:AIvI Pagel of 1 .F .fit• �t 02 V -853U'- 11 2013 ti• _''�,� 000 gc EISENB pavilion -Ste 410 STERN YorlcRoad- IM , and 261 0 I ddress so 3enkintown +p�'1�Q46 f Sender 1► prticte � �� ,ine dumber F a1101 , ** Donald e,: 1 Carlisle Pik 15 - 17 stown? 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Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of IN THE COURT OF COMMON California, N.A., as Trustee for American Home PLEAS OF CUMBERLAND = Mortgage Investment Trust 2005 -2, by its COUNTY, PENNSYLVANIA c servicer, Ocwen Loan Servicing LLC. Plaintiff COMPLAINT IN V. MORTGAGE FORECLOSURE� Donald S. Failor -tp` Defendant(s) Civil ' "t a l 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 th is foreclosure action, you may be able to participate in a court - supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conci liation 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 TIDS NOTICE. TIDS PROGRAM IS FREE. Resp lly �submitt d: Date: �ature of Counsel for P Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of IN THE COURT OF COMMON California, N.A., as Trustee for American Home PLEAS OF CUMBERLAND Mortgage Investment Trust 2005 -2, by its COUNTY, PENNSYLVANIA servicer, Ocwen Loan Servicing LLC. Plaintiff COMPLAINT IN V. MORTGAGE FORECLOSURE Donald S. Failor 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 false 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 Signature of Defendant Date: Signature of Defendant Date: FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket 4' BORROWER REQUEST 1 HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with ti our Please provide the following information to the best of your knowledge: CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City State: Zip: Is the property for sale? Yes [] No [] Listing date: Price: S Realtor Name* Realtor Phone: Borrower Occupied? YesFj No 0 Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: of' people in household: Hoiv long,? Mailinc Address: City: State: Zip: Phone Numbers: Homc: Office: Celli Other: Emall: # of people in household: How long`? FINANCIAL INFORMATION; First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second. Mortgage Lender: Type of Loan: T - - -- ----- ----- _ ------ ..... ..... . . ... ... . ..... ................... ..... ....... . ..... . .. . . ....................... ......... . ... . . .............. If yes, provide namesjocation of court, case number & attorney, Assets �Amonnt Owed: Value: Home: Other Real Estate: Retirement Funds: S Checking: Savings: jj Other; Automobile fl Model Ycar: Amount owed: Value: Automobile #1 Year: Amount owed: Value: OLI Lpotorcycic,i �W Model: Year: tint omd: Value,—"---- Monthly Income Name of Employers: L 1 3, Additional himm Description (not wages): I monthly amount. monthly amount: Borrower Pay Days: Co•Borrower Pay Days: Monthly Expmses: (P lease only include expenses you are currently paying AMOUNT EXPE SSE EXPE NS] AJTR� l t . ....... . . . ....... .. .. ....... moNgage t Food 2 utilities Car Pad mentLsL Auto Insurance W , Notes vued) Auto fielfrepajri paym C Install, 1,001) Pavillolt abl TV e Chili! SuPp I I �111, Spenditig Money qL (y1ber f".XP ICS Amount Available fa)- Monthly Mortgage Payments Based on hicome & Expetises: Have you been working with a housing Counseling Agency? Yes [ No If yes please provide The following information: Counseling Agency :. _. Counselor: Phone (O(I'ice): Email: Have you mule application for Homeoivmers Emergency Mortgage Assistance Program (HEiMAP) assistance'? Yes ❑ No ❑ If ties please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes O No ff yes, please indicate the status of those negotiations: Please provide the folloN�dng information, if know, regarding your lender or lender's loan servicing company: Lender's Contact {itiame): Phone: Servicing Company (Name): Contact: Phone: TH 41- I/We, authorize the above named to usefreier this information to my lenderiservicer for the sole purpose of evaluating my financial situation for possible mortgage options. Me understand that I /Nve arn'are under no obligation to use the services provided by the above named Borrotiv Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel; Proof of income V Past Z bank statements Proof of any expected income for the last 45 days 1 Cope of a current utility bill Y Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) a 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 Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California, N.A., as Trustee for American Home Mortgage Investment Trust 2005 -2, by its servicer, Ocwen Loan Servicing LLC. Civil Action Number: 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 COMPLAINT IN V. MORTGAGE FORECLOSURE Donald S. Failor 429 Dark Hollow Rd Shermans Dale, PA 17090 -8207 Defendant(s) 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 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r•IL U-)j-0 Sheriff � ¢ ( '� � „� , ¢ c 1r t t t s�rr trrr`1, ~ + o r f t Jody S Smith * '' 13 NOV —8 Pal ' 5 Chief Deputy `�� � r: ' � Richard W Stewart f�IMELANI) � �Jla Solicitor "F ” `" PENNSYLVANIA Deutsche Bank National Trust Company Case Number vs. Donald Failor 2013-5995 SHERIFF'S RETURN OF SERVICE 10/16/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Donald Failor, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Perry, Pennsylvania to serve the within Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure according to law. 10/1712013 12:17 PM-Deputy Brian Grzyboski, 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 Renata Smith-Tenantat#17,who accept d as "Adult Person in Charge"for Occupant at 15- 17 W. Main Street, Silver ring, New Kingstow , A 17072, BRIAN GRZYBO , DEPIR 10/21/2013 10:53 AM-Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally"handing a true copy to a person representing themselves t e the Defendant t wit: Donald Failor at 1702 Carlisle Pike, Silver Spring, Carlisle, PA 17015. 44 BRIAN GRZYB SKI, D TY 10/22/2013 02:38 PM-The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure served by the Sheriff of Perry County upon Michelle Failor,Wife,who accepted for Donald Failor,at 429 Dark Hollow Road, Shermansdale, PA 17094. Carl Nace, Sheriff, Return of Service attached to and made part of the within record. 10/30/2013 08:28 PM-Deputy Ryan Burgett, 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 Mike Souders, renter,who accepted as"Adult Person in Charge"for Occupant at 15 W. Main Street, Silver Spring, New Kingstown, PA 17072. RYAN TT, DEPUTY SHERIFF COST: $79.69 SO ANSWERS, rr�� October 31, 2013 RONf� R AY DERSON, SHERIFF tc,Count-r5uite Shentf,TefeosoF;nq. _n Deutsche Bank National Trust IN THE COURT OF COMMON PLEAS OF THE 41st JUDICIAL DISTRICT OF PENNSYLVANIA, PERRY COUNTY BRANCH Versus Donald Failor No. 2013-5995 Cumberland Co. SHERIFF'S RETURN And now October 22 , 2013 : Served the within name Donald Failor the defendant(s) named herin, personally at his place of residence in Carroll Twp-429 Dark Hollow Road, Shermans Dale, Perry County, PA, on October 22, 2013 at 2:38 o'clock PM by handing to Michele Failor, defendant's wife 1 true and attested copy(ies) of the within Complaint in Mortgage Foreclosure and made known to her the contents,thereof �¢o Sworn and subscribed to before me this X day of O&a&/Z) Q?b� So answers �4 &le--S Prothonotary Deputy Sheriff of Perry County COMMONWEALTH OF PENN_ SYLVANIA NOTARIAL SEAL JOY S.ZERO^' 'E,NOTARY PUBLIC NEW BLOOMFIELD BORO.,PERRY COUNTY MY COMMISSION EXPIRES MARCH 6,2014 0 G STEVEN K.EISENBERG,ESQUIRE(75 736) OF ��'�L E -OF-F{�,� M.TROY FREEDMAN,ESQUIRE(85165) +! T LESLIE J.RASE,EsquIRE(58365) tiO L,TA R) CHRISTINA C.VIOLA,ESQUIRF(308909) OEC 20 ANDREW J.MARLEY(312314) STERN&EISENBERG,PC CUMBERLAND C��i 1581 MAIN STREET,SUITE 200 PE)OS YLVA OU TY WARRINGTON,PENNSYLVANIA 18976 NIA TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California,N.A., as Trustee for American Home Mortgage Investment Trust 2005-2, by its servicer, Ocwen Loan Servicing LLC. Civil Action Number: 13-5995 Civil V. Donald S. Failor MORTGAGE FORECLOSURE Defendant(s) PRAECIPE FOR ENTRY OF JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against Defendant(s), Donald S. Failor,, for failure of said Defendant(s)to file a responsive pleading to the Complaint within twenty(20) days of service thereof. PRINCIPAL BALANCE...............................................................................$43,271.02 INTEREST accrued thru 08/23/2013 of .......................................................$1,517.49 Interest after 08/23/2013 shall accrue at the per diem rate of$7.51.) LATE CHARGES accrued thru 08/23/2013 of.............................................$521.28 Late charges after 08/23/2013 shall accrue at the monthly rate of$32.58.) ESCROWADVANCES................................................................................$384.76 Nw� ex aa� '2 c?, U 3$ A/c, h ma-t`k"/ FEES BILLED...............................................................................................$1,779.60 ATTORNEY'S FEE......................................................................................$2,163.55 Sub-Total Through Date of Complaint.........................................................$49,637.70 ACCRUED INTEREST after 08/23/2013 shall accrue at the per them rate of$7.51 to December 9, 2013.......................................$811.08 ACCRUED LATE CHARGES Late charges after 08/23/2013 accruing at the monthly rate of$32.58 through December 9, 2013.......................................$130.32 TOTAL DUE THROUGH DATE OF REQUEST FORJUDGMENT.........................................................................................$50,579.10 STERN&E15E.NBERG P BY: E,V§J;KVE K. EIS G DIRE M. TROY FREE= S IRE ❑ JACQUELINE F. Mc L ESQUIRE ❑ LESLIE J. RASE, ESP ❑ ISTINA 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,EsQutRE(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 Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California,N.A., as Trustee for American.Home Mortgage Investment Trust 2005-2, by its Civil Action: 13-5995 Civil servicer, Ocwen Loan Servicing LLC. V. Donald S. Failor MORTGAGE FORECLOSURE Defendant(s) 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 1702 Carlisle Pike Carlise, PA 17015 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. STERN&EISENBfiRG, PC BY: U-STEVEN K. EISENBERG, ESQUIRE ❑ M. TROY FREEDMAN,ESQUIRE ❑ JACQUELINE F. McNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE O/CHRISTINA C. VIOLA,ESQUIRE In ANDREW J. MARLEY,ESQUIRE Attorney for Plaintiff Sworn to and subscribed before me this 19th Day of December, 2013. Notary Public CaMMONWHA �OF PgNN�f'PL.VANM N01 ARIAL SEAL HELEN CAPASSO,Notary Public Warrington Twp.,Bucks County My Commission Expires October 21,2016 Department of Defense Manpower Data Results as of:Dec-1&201305.26:55 Center SCRA 3.0 statm Report Pmunt to Smicememben Civil Relief.pct Last Name: FAILOR First Name: DONALD Middle Name: S Active Duty Status As Of: Dec-19-2013 On Active Duty On Active Duty Status Date' Active Duty Start Date'.. Active Duty End Date Status Service Component NA NA - No NA This response rettects the individuals'active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Du Status Date Active Duty Start Date Active Duty End Date Status Service Component NA `NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or 1-I1WHer Unit Was Notified of a Future Cal to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA - No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,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,NOAH,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. )6k it 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 1.8976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California,N.A., as Trustee for American Home Mortgage Investment Trust 2005-2, by its servicer, Ocwen Loan Servicing LLC. V. Civil Action: 13-5995 Civil Donald S. Failor Defendant(s) MORTGAGE FORECLOSURE CERTIFICATION UNDER RULE 237.1 1, 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&EISENBEERRG, BY: EN K. EISE ER , ESQUIRE M. TROY FRE M , ESQUIRE ❑ JACQUELIN . cNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE 0�RISTINA C. VIOLA, ESQUIRE ANDREW J. MARLEY,ESQUIRE Attorney for Plaintiff STERN&EISENBERG PC THE SHOPS AT VALLEY SQUARE 1581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA CUMBERLAND COUNTY Deutsche Bank National Trust Company,formerly known as Bankers Trust Company of California,N.A., Docket#: 13-5995 Civil as Trustee for American Horne Mortgage hwestment Trust 2005-2,by its servicer,Ocwen Loan Servicing TEN DAY NOTICE LLC. (Plaintiff) V. Donald S.Failor (Defendant(s)) NOTICE PURSUANT TO Pa.R.C.P. 237.1 TO: Donald S.Failor 1702 Carlisle Pike Carlisle,PA 17015 Date of Notice: Monday,November 18,2013 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 WITHOUT 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& I ENBERG,P By: tt ey for Plai ff 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 Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California,N.A., as Trustee for American.Home Mortgage Investment Trust 2005-2, by its servicer, Ocwen Loan Servicing LLC. V. Civil Action: 13-5995 Civil Donald. S. Failor 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&LWENBERG, P BY: ❑ N K. EISENBE , ESQUIRE ❑ M. TROY FREED M , ESQUIRE ❑ JACQUELINE F. ALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE ❑ RISTINA C. VIOLA, ESQUIRE a 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 Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California,N.A., as Trustee for American Home Mortgage Investment Trust 2005-2, by its servicer, Ocwen Loan Servicing LLC. Civil Action: 13-5995 Civil V. Donald S. Failor MORTGAGE FORECLOSURE Defendant(s) CERTIFICATION OF ADDRESS It is hereby certified that the last known addresses of the parties are as follows: Deutsche Bank National Trust Company, as trustee, by its servicer, Ocwen Loan Servicing LLC. 1661 Worthington Road, Suite 100 West Palm Beach, FL 33409 (Plaintiff) Donald S. Failor 1702 Carlisle Pike Carlisle, PA 17015 (Defendant(s)) STERN I EN G, BY: ❑ VEN K. EISENBER SQUIRE • M. TROY FREEDMA QUIRE • JACQUELINE F. Mc LLY, ESQUIRE • LESLIE J. RASE, ESQUIRE ❑ HRISTINA C. VIOLA, ESQUIRE V 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 Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California,N.A., as Trustee for American Home Mortgage Investment Trust 2005-2, by its servicer, Ocwen Loan Servicing LLC. Civil Action: 13-5995 Civil V. Donald S. Failor MORTGAGE FORECLOSURE Defendant(s) NOTICE PURSUANT TO RULE 236 Notice is hereby given that a judgment in the bove captioned matter has been entered against Defendants, onal . Fa' n , 2013. BY: w Deputy If you have any questions concerning the above,please contact: Stern& Eisenberg, PC Attorney for Plaintiff 1581 Main Street, Suite 200 Warrington, PA 18976 Tel: (215) 572-8111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION c C-) W '' Deutsche Bank National et al. ❑Confessed Judgment C_- Plaintiff ❑Other m vs. File No. 13-5995-Civil {'' � v r_3 ° rte Donald S. !sailor Amount Due $49,637.70 -<.�' �v -v p- I Defendant Interest v c-s Z =—' Address: Atty's Comm „ 1.5-17 Carlisle Pike,New Kingston, Pa Costs -; 17072 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) 15-17 Carlisle Pike,New Kingston,PA 17072 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) and all other property of the defendant(s)in the possession,custody or control of the said gamishee(s). (Indicate)Index this writ against the garnishee(s)as a lis Wrew t re state of the defendant(s)described in the attached exhibit. Date 12/19/2013 Signature: os Print Name: . ar j p Address: 1581 Main Street,Suite 200 Warrington, PA 18976 �t 1t �} Attorney for: Plaintiff •Ul q t�` Telephone: 215-572-8111 ( (( Supreme Court ID No: 85165 0?q61 LAYS All that certain tract or parcel of land and premises, situate, lying and being in the Village of New Kingston, Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a post at the Turnpike leading from Harrisburg to Carlisle("Carlisle Pike"); thence Southwardly by the school lot, a distance of 182 feet to an alley; thence Eastwardly by said alley, a distance of 40 feet to a post;thence Northwardly by lot now or formerly of Dale Ritter, a distance of 182 feet to a post at said Turnpike("Carlisle Pike");thence Westwardly along said Turnpike("Carlisle Pike"),a distance of 40 feet to a point and place of BEGINNING. HAVING THEREON ERECTED a double frame dwelling house known and numbered as 15 and 17 Carlisle Pike,New Kingston, Cumberland County,Pennsylvania. PARCEL NO. 38-21-0284-105 Premises being 15-17 Carlisle Pike,New Kingstown, PA 17072 BEING the same premises Dwayne A. Deimler, by Deed dated May 17, 2005 and recorded May 27, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 269 Page 304, granted and conveyed unto Donald S. Failor. STEVEN K.EISENBERG,ESQUIRE(75736) . M.TROY FREEDMAN,ESQUIRE(85165) OF ��►��Rp T � LESLIE J.RASE,EsQuIRE(58365) HONG TAP; �� J 31Q14)(308909) 13 DEC 20 p� �� �Z Ar w C.VIOLA, 23 STERN&EISENBERG,PC CZlt1$ERL AHrj COUNT 1581 MAIN STREET,SUITE 200 PENNSYLVANIA t Y WARRINGTON,PENNSYLVANIA 18976 f�` "���a TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California,N.A., as Trustee for American Horne Mortgage Investment Trust 2005-2, by its servicer, Ocwen Loan Servicing LLC. V. Civil Action: 13-5995 Civil Donald S. Failor Defendant(s) MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 1,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 15-17 Carlisle Pike,New Kingstown,PA 17015. 1. Name and address of Owner(s)or Reputed Owner(s): Donald S. Failor 1702 Carlisle Pike Carlisle, PA 17015 2. Name and address of Defendant(s)in the judgment: Donald S. Failor 1702 Carlisle Pike Carlisle, PA 17015 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: N/A 4. Name and address of the last recorded holder of every mortgage of record: Cornerstone Federal Credit Union 5 Eastgate Drive, PO Box 1181 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Silver Spring Township Authority 5 Willow Mill Park Road, Suite#3, Mechanicsburg PA 1.7050 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) 15 -17 Carlisle Pike, New Kingstown, PA, 17072. 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: December 19, 2013 STERN IS ' BY: / "� E EN K. EISE BE G, ESQUIRE ❑ M. TROY FREE , ESQUIRE ❑ JACQUELINE F. cNALLY, ESQUIRE ❑ LESLIE J. RASE, ESQUIRE VATNDREW❑ RISTINA C. VIOLA, ESQUIRE J. MARLEY, ESQUIRE Attorney for Plaintiff Sworn to and subscribed before me This 19th ay of December,2013. ,l Notary Public ccarn+ cs or, NK3,r►.vanr� N01'i��4�t1 S�At Public F1ELEN GAPA550Buct,as au1W ; cnn4ton ?res pctober 21,2416 �1y Commissean Fxi 4 STEVEN K.EISENBERG,ESQUIRE(75736) - •. 1 Li.> M.TROY FREEDMAN,ESQUIRE(85165) Q �ND LESLIE J.RASE,ESQUIRE(58365) DEC TA CHRISTINA C.VIOLA,ESQUIRE(308909) 70413 E ZO Pty 1: 12 ANDREW J.MARLEY(312314) ���� STERN&EISENBERG,PC 1jN T Y 1581 MAIN STREET,SUITE 200 PENNSYLVANIA 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 Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California,N.A., as Trustee for American Home Mortgage Investment Trust 2005-2, by its servicer, Ocwen Loan Servicing LLC. V. Civil Action: 13-5995 Civil Donald S. Failor Defendant(s) MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Donald S. Failor 1702 Carlisle Pike Carlisle, PA 17015 Your real estate at 15 -17 Carlisle Pike, New Kingstown, PA 17015 is scheduled to be sold at Sheriffs Sale on Wednesday, June 4, 2014 at 10:00 A.M., at Sheriffs Office, Cumberland County Courthouse, Carlisle, PA 17013 (location of sale) to enforce the court judgment of $50,579.10 obtained by Deutsche Bank National Trust Company, as trustee, by its servicer, Ocwen Loan Servicing LLC. 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 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 Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California,N.A., as Trustee for American Home Mortgage Investment Trust 2005-2,by its servicer,Ocwen Loan Servicing LLC. V. Civil Action.: 13-5995 Civil Donald S.Failor Defendants) MORTGAGE FORECLOSURE RE: PREMISES: 15-17 Carlisle Pike,New Kingstown,PA 17013 Dear Sir or Madam: Please be advised that I represent the above creditor that has a judgment against the above Defendant. As a result of a default,the above referenced premises,also described on the attached sheet,will be sold by the Sheriff of Cumberland County on Wednesday,June 4, 2014 at 10:00 A.M.at Sheriffs Office, Cumberland County Courthouse, Carlisle,PA 17013 (subject to change without further notice). The sale is being conducted pursuant to the judgment in the amount of$50,579.10 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 a lien and/or interest in the premises to be sold. This notice is given so that you can protect your interest, if any, in the lien you have on the premises. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien,we urge you to CONTACT YOUR ATTORNEY, as we are not permitted to give you legal advice. A Schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no 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(10)days thereafter. December 19,2013 STERN NB G,PC BY: ,,/ STEVEN K. E ERG,ESQUIRE 11 M.TROY F MAN,ESQUIRE ❑ JACQUEL F.McNALLY,ESQUIRE ❑ LESLIE J. RASE,ESQUIRE ❑,CHRISTINA C.VIOLA,ESQUIRE 0 ANDREW J.MARLEY,ESQUIRE Attorney for Plaintiff All that certain tract or parcel of land and premises, situate, lying and being in the Village of New Kingston, Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a post at the Turnpike leading from Harrisburg to Carlisle ("Carlisle Pike"); thence Southwardly by the school lot, a distance of 182 feet to an alley; thence Eastwardly by said alley, a distance of 40 feet to a post; thence Northwardly by lot now or formerly of Dale Ritter, a distance of 182 feet to a post at said Turnpike ("Carlisle Pike"); thence Westwardly along said Turnpike ("Carlisle Pike"), a distance of 40 feet to a point and place of BEGINNING. HAVING THEREON ERECTED a double frame dwelling house known and numbered as 15 and 17 Carlisle Pike,New Kingston, Cumberland County, Pennsylvania. PARCEL NO. 38-21-0284-105 Premises being 15-17 Carlisle Pike,New Kingstown, PA 17072 BEING the same premises Dwayne A. Deimler, by Deed dated May 17, 2005 and recorded May 27, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 269 Page 304, granted and conveyed unto Donald S. Failor. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 13-5995 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, FORMERLY KNOWN AS BANKERS TRUST COMPANY OF CALIFORNIA,N.A.,AS TRUSTEE FOR AMERICAN HOME MORTGAGE INVESTMENT TRUST 2005-2,BY ITS SERVICER,OCWEN LOAN SERVICING LLC Plaintiff(s) From DONALD S.FAILOR (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: $49,637.70 L.L.: $.50 Interest Atty's Comm: Due Prothy: $2.25 Atty Paid: $228.44 Other Costs: Plaintiff Paid: Date: 12/20/2013 Davi e'1,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ANDREW J. MARLEY,ESQUIRE Address: STERN& EISENBERG,PC 1581 MAIN STREET,SUITE 200 WARRINGTON,PA 18976 Attorney for: PLAINTIFF Telephone: 215-572-8111 Supreme Court ID No. 85165 STEVEN K.EISENBERG,ESQUIRE(75736) M.TROY FREEDMAN,ESQUIRE(85165) 0,4 /?C Sri I l L LESLIE J.RASE,ESQUIRE(58365) `f°Gf}I,g`( 9 CHRISTINA C.VIOLA,ESQUIRE(308909) 2014 AN /1f1 ANDREW J.MARLEY(312314) ,.. f 0 Pm 2. STERN&EISENBERG,PC CER ►i 1581 MAIN STREET,SUITE 200 PENNSAN©COON WARRINGTON,PENNSYLVANIA 18976 NO r TELEPHONE:(215)572-8111 FACSIMILE:(215)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California, N.A., as Trustee for American Home Mortgage Investment Trust 2005-2, by its servicer, Ocwen Loan Servicing LLC. v. Civil Action: 13-5995 Civil Donald S. Failor Defendant(s) MORTGAGE FORECLOSURE AMENDED 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 15 -17 Carlisle Pike,New Kingstown, PA 17015. 1. Name and address of Owner(s) or Reputed Owner(s): Donald S. Failor 1702 Carlisle Pike Carlisle, PA 17015 2. Name and address of Defendant(s) in the judgment: Donald S. Failor 1702 Carlisle Pike Carlisle, PA 17015 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Susquehanna Bank 307 International Circle Suite 600 Hunt Valley, MD 21030-1376 4. Name and address of the last recorded holder of every mortgage of record: Cornerstone Federal Credit Union 5 Eastgate Drive, PO Box 1181 Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Silver Spring Township Authority 5 Willow Mill Park Road, Suite#3, Mechanicsburg PA 17050 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) 15 -17 Carlisle Pike, New Kingstown, PA, 17072. 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: December 19, 2013 STERN & EI ' ;Jr.—P BY: ❑,/ST- + . EISENBE' , ES• . RE 16---M. TROY FREED •N, ES G IRE ❑ JACQUELINE F cN: Y, ESQUIRE ❑ LESLIE J. RA - ' •UIRE O CI-�ISTINA . VIOLA, ESQUIRE NDREW J. MARLEY, ESQUIRE Attorney for Plaintiff Sworn to and subscribed before me This 19th Da off December, 2013. Notary Public I wiebiwEik r:lNi SfL' ANIA em Np1 R11 t niah'ry PUb1►C Warnnq o n n Apr Otober t ry MY CornOsslaZQ16 • 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 158 l_MAIN STREET, SUITE 200 WARItINGTON, PENNSYLVANIA 18976 TELEPHONE: (21) 572-8111 FACSIMILE: (21.5)572-5025 (COUNSEL FOR PLAINTIFF) IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA FOR CUMBERLAND COUNTY PROTHONOTAh'I 2011111AR 10 PM CUMBERLA ND COUNTY' PENNSYLVANIA Deutsche Bank National Trust Company, formerly known as Bankers Trust Company of California, N.A., as Trustee for American Home Mortgage Investment Trust 2005-2, by its servicer, Ocwen Loan Servicing LLC. V. Donald S. Failor Defendant(s) Civil Action Number: 13-5995 Civil MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE I, M. TROY FREEDMAN, ESQ., attorney for the within Plaintiff, hereby certify that notice of the .Sheriff s Sale was mailed to the Defendant by certified mail return receipt requested and regular mail, on March 4, 2014. I further certify that notice of the Sheriff s Sale was mailed to each lienholder by regular, first-class, postage prepaid mail on March 4, 2014, as evidenced by copy of certificates of mailing attached. 3/5/14 STERN & EISENB BY: EDMAN ey for Plaintiff Name and Add Tess of Sender STERN & EISENBERG 1581 Main Street, Suite 200 Warrington, PA 18976 Line Article Number • Postage Fee ...* Donald S. Failor, 1702 Carlisle Pike, Carlisle, PA 17015 , ' 2 Cornerstone Federal Credit Union, 5 Eastga e Dr., P.O. Box 1181, Carlisle, PA 17013 ** : Silver Spring Township Authority, 5 Willow Mill Park Road Ste. #3, Mechanicsburg, PA 17050 4 **** PA Dept. of Revenue, Bureau of Compliance, Box 281230, Harrisburg, PA 17128 - * * Domestic Relations—Cumberland County, 13 N. Hanover St., Carlisle, PA 17013 **** Tax Claim Bureau—Cumberland County, One Courthouse St., Carlisle, PA 17013 7 **** Tenant(s)/Occupant(s), 15-17 Carlisle Pike, New Kingstown, : U.S ; Postal Seel/item, . . . ' CERTIFIED MAIL. RECEIPT PA 17072 8 ... 9 **** -11 cp „ (Domestic Mall 041 Na,Insurance Coverage Provided) LFordeUveylntoimatI�nvifflt�urwebst.atwww.usps.c�m 10 Postage Certified Foe Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees : Postmark ' ' Here „ i M CI ,, 12 r=1 cm In 3 . .... ., -11 .i"" M „ , . sent To Fa i tO rn -pc, t ii. PS Form 3800 August 2006 See Reverse for Instructions 0 BOWES 0 5 RE: " . A . .: U.S. POSTAGE>> PINEY -,. .. . Jamosaiwristd......, • ' • . • c4ovev.r,n, ," Total Ntimbe • of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of Receiving Employee) . • ' • Wi==emw .41=1=27 18976 $ 003.29 • 0001371685MA (CONTINUED SALE DATE 9/3/2014) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW DEUTSCHE BANK NATIONAL TRUST COMPANY ET AL Plaintiff v. DONALD S. FAILOR Defendant(s) CIVIL DIVISION Case No: 2013-5995 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriff's Sale scheduled for June 4, 2014 in the above -captioned matter has been continued'until September 3, 2014. c DATE: 6/4/14 BY: J Edward J. McKee, Esquire #316721 (Attorney for Plaintiff) STERN & EISENBERG, PC 1581 Main Street, Suite 200 The Shops at Valley Square Warrington, PA 18976 (215) 572-8111 J:\HELEN\SALE POSTPONEMENTS NEW PROCEDURE\CUMBERLAND\FAILOR.CUMBERLAND.6.14.DOC .. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY � �� ~~4rIbet�. w F]-D'OFF'���� OF THEpRO7HONOT��( SEP |O Pti 2: 35 CUMBERLAND COUNTY PENNSYLVANIA 04 ICE OR WE SHERIFF Deutsche Bank National TrusCompany vs. Donald Failor Case Number 2013-5995 SHERIFF'S RETURN OF SERVICE 03/27/2014 1O14AM-Deputy William Cline, being duly to Iaw, 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 15-17 Carlisle Pike, Silver Spring - Township, New Kingntown. PA 17015. Cumberland County. 04/03/2014 02:42 PM - Deputy Jeff Kolodzi, being duly sworn according to Iaw, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personaily handing a true copy to a person representing themselves to be the Defendant, to wit: Donald Failor at 7086 Carlisle Pike, Middlesex Twp., Codio}o, PA 17015. Cumberland County. 08/04/2014 As directed by Steven Eisenberg, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/3/2014 08/29/2014 Ronny R Anderson, Shehff, being duly sworn according to |evv, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $837.29 SO ANSWERS, ' September 05, 2014 RONNYRANDERSON, SHERIFF ~'1. �� so 4- '0y- ������ ^��0 � ' ^, 4~ �^� ��r � ���up� /�'' `- ' _ wcountySp Sheriff,re€eosoft.o� On March 3, 2014 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, Known and numbered as 15-17 Carlisle Pike, Mechanicsburg, as Exhibit "A" filed with this Writ and by this Reference incorporated herein. Date: March 3, 2014 By: Real Estate Coordinator LXIII 16 CUMBERLAND LAW JOURNAL 04/18/14 Writ No. 2013-5995 Civil Term Deutsche Bank National Trust Company vs. Donald Failor Atty.: Steven Eisenberg All that certain tract or parcel of land and premises, situate, lying and being in the Village of New Kingston, Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a post at the Turnpike leading from Harrisburg to Carlisle ("Carlisle Pike"); thence Southwardly by the school lot, a distance of 182 feet to an alley; thence Eastwardly by said alley, a distance of 40 feet to a post; thence Northwardly by lot now or formerly of Dale Ritter, a distance of I 82 feet to a post at said Turnpike ("Carlisle Pike"); thence Westwardly along said Turnpike ("Carlisle Pike"), a distance of 40 feet to a point and place of BEGINNING. HAVING THEREON ERECTED a double frame dwelling house known and numbered as 15 and 17 Carlisle Pike, New Kingston, Cumberland County, Pennsylvania. PARCEL NO. 38-21-0284-105. Premises being 15-17 Carlisle Pike, New Kingstown, PA 17072. BEING the same premises Dwayne A. Deimler, by Deed dated May 17, 2005 and recorded May 27, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 269 Page 304, granted and conveyed unto Donald S. Failor. 53 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: April 18, April 25 and May 2, 2014 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. sa Marie Coyne, Edi SWORN TO AND SUBSCRIBED before me this da of Ma 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 ,The Patriot -News Co. 20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the atriogews Now you know 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 l4.f Tb CL-Arinfikle.ws and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, 2013-5995 Civil Term en continuously published ever since; Deutsche Bank National ce or publication which is securely attached hereto is exactly as printed and published in their regular Trust Company unity Weekly editions which appeared on the date(s) indicated below. That neither she nor said Vs 3 subject matter of said printed notice or advertising, and that all of the allegations of this statement as Donald Fallor cter of publication are true; and Atty: Steven Eisenberg nal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on All that certain tract or parcel of Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the land and premises, situate, lying and lirectors of the said Company and subsequently duly recorded in the office for the Recording of Deeds being in the Village of New Kingston, 'whin in Miscellaneous Book "M", Volume 14, Page 317. Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, more particularly r described as follows: BEGINNING at a post at the Thrnpike leading from Harrisburg to Carlisle ("Carlisle Pike"); thence Southwardly by the school lot, a distance of 182 feet to an alley; thence Eastwardly by said alley, a distance of 40 feet to a post; thence Northwardly by lot now or formerly of Dale Ritter, a distance of 182 feet to a post at said Turnpike ("Carlisle Pike"); thence Westwardly along said Thrripike ("Carlisle Pike"), a distance of 40 feet to a point and place of BEGINNING. HAVING THEREON EREC:11,D a double frame dwelling house known ary Public and numbered as 15 and 17 Carlisle Pike, New Kingston, • Cumberland County, Pennsylvania.. PARCEL NO, 38-21-0284-105 Premises being 15-17 Carlisle Pike, New Kingstown, PA 17072 BEING the same premises Dwayne A. Deimler, by Deed dated May 17, 2005 and recorded May 27, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 269 Page 304, granted and conveyed unto Donald S. Failor This ad ran on the date(s) shown below: 04/13/14 04/20/14 04/27/14 Sworn and subscribed before eftis 02 day o ay, 2014 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES