HomeMy WebLinkAbout13-6877 L.
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Supreme Court_of Pennsylvania •
Cou s Comm Pleas
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The itf rmation collected on this foal:is used solely for court administration proposes. This form does not
supplement 07'replace the filing and service of pleadings or other papers as required by law or rules of court.
'e_o=="=-"-r_5 Commencement of Action:
:•:: ►�1 Complaint II)Writ of Summons ❑Petition
ii 1..may::5's
_:,T ❑Transfer from Another Jurisdiction ❑Declaration of Taking
—IP- Lead Plaintiffs Name: Lead Defendant's Name:
4 ;, BANK OF AMERICA,N.A.,successor by merger John W.Kicbman,Jr.
µx= 1-. to BAC Home Loans Servicing,LP fka
•
i:»- s: asz:;
�''gr-•> Countrywide Home Loans,Inc,
uested:
r°z.'"E'er a• " Dollar Amount Re
-. Are money damages requested? ❑Yes ®No q [{within arbitration limits
(check one) ❑outside arbitration limits
4^i' Sv
';g1:313111 €" Is this a Class Action Suit? ❑Yes ®No Is this an MDJ'A Appeal?
;si _ PP ❑Yes El No
2,:4.T-, Name of PiaintifFAppellant's Attorney:Robert W.Williams,Esquire
"='"`04:1"' ❑Check here if you have no attorney(are a Self-Represented (Po Sc1 Litigant)
ti > Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
"xµ sEgit PRIMARY CASE.If you are making more than one type of claim,check the one that •
r``ill „"" you consider most important.
";.
< •n =°g., TORT(do not include Mass Tort) CONTRACT(do not include judgments) CIVIL APPEALS
: Intentional
❑ Buyer Plaintiff
Administrative Agencies
Mi R �-€ ❑ Malicious Prosecution
f ":;-;t5;-: [1 Debt Collection:Credit Card 0 Board of Assessment
:> w;_ 0 Motor Vehicle
t:11:,,=i ❑ Nuisance ❑ Debt Collection:Other ❑ Board of Elections
m ;;i ri ❑ Premises Liability ❑ Dept of Transportation
=;n y i h• t ❑ Product Liability(does-not include ❑ Statutory Appeal:Other
:i:_x^ : „r mass tort) ❑ Employment Dispute:
_��ni' '-- 0 Slander/Libel/Defamation
•-+ n^� Discrimination
;,--t;;a::::ilti ❑ Other
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11#11111 MASS TORT
" 111: a ❑ Asbestos ❑ Other.
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•
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„'� ' Toxic•Waste ❑ Ejectment
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,� �•� Common Law/Statutory Arbitration
;__ I ❑ other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
alaw ❑ Ground Rent ❑ Mandamus
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_ ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations
= '' = ® Mortgage Foreclosure:Residential Restraining Order
` ,- PROFESSIONAL LIABILrrY ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto
ligit°'" ❑ Dental
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L,;3 o, O At; IO: 18
MILSTEAD&ASSOCIATES,LLC
BY: Robert W. Williams,Esquire y,
JE r,")
ID COUNTY
1D No.315501 Eatif'S T'LVA 1A
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856)482-1400 Attorney for Plaintiff
File: 45.27541
BANK OF AMERICA,N.A.,successor by COURT OF COMMON PLEAS
merger to BAC Home Loans Servicing,LP CUMBERLAND COUNTY
fka Countrywide Home Loans,Inc.
7105 Corporate Drive
Plano,TX 75024,
Plaintiff, No.:
Vs. CIVIL ACTION/RESIDENTIAL NON-
OWNER OCCUPIED MORTGAGE
John W.Kichman,Jr. FORECLOSURE
505 Sheck Drive
Newport,PA 17074,
Defendant
)
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41...„ 9 cc./
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this
complaint and notice are served, by entering a written appearance personally or
by attorney and filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to do so the case may
proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT
WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
J
*********alt**********************************************************************************AAA**
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
*******************AAA*A**************************************************************************
1. This communication is from a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof,within
30 days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within 30 days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the Judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
I
MILS'1'EAD&ASSOCIATES,LLC
BY: Robert W. Williams,Esquire
ID No.315501
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856)482-1400 Attorney for Plaintiff
BANK OF AMERICA,N.A.,successor by • COURT OF COMMON PLEAS
merger to BAC Home Loans Servicing,LP CUMBERLAND COUNTY
fka Countrywide Home Loans,Inc.
7105 Corporate Drive
Plano,TX 75024,
No..
Plaintiff,
CIVIL ACTION/RESIDENTIAL NON-
Vs. OWNER OCCUPIED MORTGAGE
FORECLOSURE
John W.Kichman,Jr.
505 Speck Drive
Newport,PA 17074,
Defendant
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff,BANK OF AMERICA,N.A., successor by merger to BAC Home Loans
Servicing, LP fka Countrywide Home Loans, Inc. (the"Plaintiff"),is registered to conduct
business in the Commonwealth of Pennsylvania and having an office and place of business at
7105 Corporate Drive,Plano,TX 75024.
2. Defendant,John W. Kichman,Jr.,(the"Defendant"), is an adult individual and is the real
owner of the premises hereinafter described by virtue of a Deed dated May 31,2007,recorded
June 12, 2007 in Deed Book 280,Page 2150.The Deed is attached hereto as Exhibit"A"and
made a part hereof.
3. Defendant John W.Kichman,Jr.,upon information and belief,resides at 505 Sheck
Drive,Newport,PA 17074.
4. On June 5,2007, in consideration of a loan in the principal amount of$63,600.00,the
Defendant executed and delivered to Countrywide Home Loans, Inc. dba America's Wholesale
Lender a note(the"Note")with interest thereon at 7.250 percent per annum,payable as to the
principal and interest in equal monthly installments of$433.86 commencing August 1,2007.
Bank of America,N.A.Noteholder,directly or through an agent, has possession of the
Promissory Note. The Promissory Note has been duly endorsed. The Note is attached hereto as
Exhibit"B"and made a part hereof.
5. To secure the obligations under the Note,the Defendant executed and delivered to
Mortgage Electronic Registration Systems,Inc.,solely as nominee for Countrywide Home
Loans,Inc.dba America's Wholesale Lender a mortgage(the"Mortgage")dated June 5,2007,
recorded on June 12,2007 in the Department of Records in and for the County of Cumberland
under Mortgage Book 1995,Page 3308.The Mortgage is attached hereto as Exhibit"C"and
made a part hereof.
6. Plaintiff is proper party Plaintiff by way of an Assignment of Mortgage recorded
September 21,2009 under Instrument 200932617. The recorded Assignment of Mortgage is
attached hereto as Exhibit"D"and made a part hereof.
7. The Mortgage secures the following real property(the"Mortgaged Premises"): 219 Clay
Street,Enola,PA 17025. A legal description of the Mortgaged Premises is attached hereto as
Exhibit"E"and made a part hereof.
8. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage
because payments of principal and interest due August 1,2009,and monthly thereafter are due
and have not been paid, whereby the whole balance of principal and all interest due thereon have
become due and payable forthwith together with late charges, escrow deficit(if any)and costs of
collection including title search fees and reasonable attorney's fees.
9. The following amounts are due on the Mortgage and Note:
Principal Balance $62,322.84
Accrued but Unpaid Interest from
7/1/09 to 10/30/13 $19,562.03
Assessed Late Charges $346.44
Escrow Advances $6,023.05
Partial/Suspense -$343.00
Property Inspections $331.00
TOTAL as of 10/30/2013 $88,242.36
Plus,the following amounts accrued after October 30,2013:
Interest at the Rate of 7.250 percent per annum($12.3791 per diem);
Late Charges per month if applicable.
10.Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c)of the 1983 Session of
the General Assembly("Act 91")of the Commonwealth of Pennsylvania,by mailing to
the Defendant at 219 Clay Street,Enola,PA 17025 as well as to 260 N.Enola Drive, First Floor,
Enola,PA 17025 on April 12,2013 as this was the addresses at the time of communication with
the defendant,the notice pursuant to §403-C of Act 91, and the applicable time periods therein
have expired. The Act Notice is attached hereto as Exhibit"F"and made a part hereof.
WHEREFORE,Plaintiff demands an in rem judgment against the Defendant for
foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9,
namely,$88,242.36,plus the following amounts accruing after October 30,2013,to the date of
judgment: (a) interest of$12.3791 per day, (b)late charges per month if applicable,(c)plus
interest at the legal rate allowed on judgments after the date of judgment, (d)additional
attorney's fees (if any)hereafter incurred,(e)andd costs of suit.
16: EAD ASSOCIATES,LLC
Date: V` 8/Zô
'obert W. Williams,Esquire
ttorney for Plaintiff
•
•
VERIFICATION
3S4(2. 3- NI 3c�
Gee;J-s t-z N {Y1 va,cJa_ ,hereby states that€7she is Q d of
BANK OF AMERICA,N.A.,successor by merger to BAC Home Loans Servicing,LP fka
Countrywide Home Loans,Inc., Plaintiff in this matter,thathe is authorized to make this
Verification,and verify that the statements made in the foregoing Civil Action in Mortgage
Foreclosure are true and correct to the best ofZher knowledge, information and belief. The
undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec.
4904 relating to unswom falsification to authorities.
1
Name: e.: •g 'l. Ma.+�c,lL •
DATE: (�o�ens b-es' 6 7-61s Title: a s r '�- 3 �:� Q�-e.-s t d e,,4-
•
•
File#: 45.27541
Name: John W. Kichman,Jr.
Exhibit A
acs
L9-C.,
Anthony J. _F tzgibbons, Esg kE '�" 'r
279 North Zinn's Mill Road
Suite D 1007 JUN 12 Hp) 1n S2
Lebanon, Pennsylvania 17042
717-279-8313 - telephone
717-272-0918 - telefax
File No. T07-73 Parcel 1D No 45-17-1044-115
This Indenture, made thetrilay of m , 2007, •
Between
KEITH A.PUTT, adult individual,(hereinafter called the Grantor), of the one part,and
JOHN W. RICHMAN,JR.,adult Individual, (hereinafter called the Grantee), of the other part,
Witnesseth, that the said Grantor for and in consideration of the sum of SEVENTY NINE
THOUSAND FIVE HUNDRED AND 00/100 DOLLARS($79,500.00)lawful money of the United States of
America, unto him well and truly paid by the said Grantee, at or before the sealing and delivery hereof, the
receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and by
these presents does grant, bargain and sell, release and confirm unto the said Grantee, as Tenants by the
Entirety, their assigns, the survivor of them and the survivor's personal representatives and assigns, the
premises described as Exhibit"A" attached hereto and incorporated herein by reference;
Together with all and singular the buildings and improvements, ways, streets, alleys, driveways,
passages, waters, water-courses, rights, liberties,privileges, hereditaments and appurtenances, whatsoever unto
the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents,
issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of
him, the said grantor, as well at law as in equity, of,in and to the same.
To have and to hold the said lot or piece of ground described above, with the buildings and
improvements thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to
be, with the appurtenances, unto the said Grantee, his heirs and assigns, to and for the only proper use and
behoof of the said Grantee, his heirs and assigns, forever.
And the said Grantor, for himself and his heirs, executors and administrators, does, by these presents,
covenant, grant and agree, to and with the said Grantee,-his heirs and assigns, that he, the said Grantor,and his
heirs, all and singular the hereditaments and premises herein described and granted, or mentioned and intended
so to be, with the appurtenances, unto the said Grantee, his heirs and assigns, against him, the said Grantor,
and his heirs, and against all and every other person and persons whosoever lawfully claiming or to claim the
same or any part thereof, by, from or under him, her, it, or any of them, shall and will Specially Warrant and
Forever Defend.
800f aim PAGE2150
•
07/30/2013 12:01:21 PM CUMBERLAND COUNTY Inst.#200720226-Page 1
In Witness Whereof the party of the first part has hereunto set his hand and seal. Dated the
day and year first above written.
Sealed and Delivered
IN THE PRESENCE OF US:
(SEAL}
eith A. Putt
Commonwealth of Pennsylvania
County of A c L'f d N it/y : ss
On this the di' day of /114-f , 2007, before me, a Notary Public for the
Commonwealth of Pennsylvania, undersigned Officer, personally appeared Keith A. Putt, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that
he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
Notarial t3M1 T . ,.- :. .
The address of the above-named Grantee is Cabrini A.Vlore,.Notary Public �i 3: " '``,
City of Pittsburgh,Allegheny
260 North Enola Drive,Enola, PA 17025 My Cbmmission Expires July Ma _.: •
•Mei�tber•P9nnsyNU/3a Ae&xlaeon t#Wads r{+fGtr y 1
•
On behalf of the e -•
File No. T07-73 #00 "
Record and return to:
Anthony J. Fitzgibbons, Esquire
279 N. Zinn's Mill Rd.,Ste.D
Lebanon, PA 17042
co DK 280 PAGE2i5i
•
•
07/30/2013 12:01:21 PM CUMBERLAND COUNTY Inst.#200720226-Page 2 c
07/30/2013 20:29 FAX 0]004/041
EXHIBIT"A"
ALL THAT CERTAIN lot of ground situate in the East Pennsboro Township, County of Cumberland
and State of Pennsylvania,being Lot No.3 in Martin's Addition to West Fairview,more particularly bounded and
described as follows,to wit:
BEGINNING at a corner on Clay Street and Lot No.4 of Martin's Addition aforesaid; thence along said
Lot No.4 and through the center wall of a pair of frame houses, 130 feet to a drive alley;thence westwardly along
the southern line of said alley, 30 feet to a lot of Land No. 2 on said Plan; thence southwardly along line of Lot
No 2,2,130 feet to Clay Street;thence along the northern line of Clay Street in an eastwardly direction, 30 feet to
a point,the Place of BEGINNING.
•
HAVING THEREON ERECTED a two and one-half story frame dwelling known as No. 219 Clay
Street,West Fairview,Pennsylvania.
BEING THE SAME PREMISES which Leroy O.Wade and Linda L.Wade,husband and wife,by deed
dated September 4, 1996 and recorded September 12, 1996 in the Recorder of Deeds Office in and for
Cumberland County, in Record Book 145, Page 960, granted and conveyed unto Keith A. Putt, single man,
Grantor herein.
Cumberland County Recorder of Deeds- • •
Instrument Filins
ReceiFti 663368' "
Instri 2007-020226 6/12/200 17 10=54:03
Remarks: REAL ESTATE
KICIVIAII
DEED iP 11.50
DEED - Nt1T ' .50
DEED - RTT STATE _ 795.00
EAST PENISIRI 397.50
EAST PENSION 1W 397.50
DEED - A/Il .11.50
J.C.S. I A.T.J. 10.00
CO INROl1EIENT FND :. .2.00
REC. IIfPRYI T FIHID 3:00
Check* 7296 v^ $933.00
Checks 7301 • $.50
Check, 7302 .,t"!745.00
be recorded Total Seabed :$1.628:50
=e. ?a.rid County PA
P.-cr..o r-der of Deeds KOOK 280 PACE 152
07/30/2013 12:01:21 PM CUMBERLAND COUNTY inst.#200720226-Page 3 c
Exhibit B
CRPRDNRBS46b 3/29/2012 10:56:56 AM PAGE 14/141 888-294-5658
Prepared by:ESTHER GREAVES
NOTE
JUNE 05, 2007 LEBANON PENNSYLVANIA
[Dale] ICtYI [State]
219 CLAY ST., ENOLA, PA 17025
[Property Address]
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, I promise to pay U.S $ 63,600.00 ' (this amount is called
"Principal"),plus interest,to the order of the Lender.The Lender is
Countrywide Home Loans, Inc. dba America's Whole ale Lender
I will make all payments under this Note in the form of cash,check or in.ney order.
I understand that the Lender may transfer this Note.The Lender .r anyone who takes this Note by transfer and who is
entitled to receive payments under this Note is called the"Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount.f Principal has been paid.I will pay interest at a yearly
rate of 7.250 %.
The interest rate required by this Section 2 is the rate I will pay bo before and after any default described in Section G(B)
of this Note.
3. PAYMENTS
(A)Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the FIRST da of each month beginning on
AUGUST 01, 2007 / .I will make these payments every month ..til I have paid all of the principal and interest and any
other charges described below that I may owe under this Note.Each . .nthly payment will be applied as of its scheduled due
date and will be applied to interest before Principal.If,on JULY 01, 2037 / ,I still owe amounts under this Note,I
will pay those amounts in full on that date,which is called the"Maturity M ate."
I will make my monthly payments at
P.O. Box 660694, Dallas, TX 75266-0694
or at a different place if required by the Note Holder,
(B)Amount of Monthly Payments
My monthly payment will be in the amount of U.S.$433.86
4. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before n ey are due.A payment of Principal only is known as a
"Prepayment,"When I make a Prepayment,I will tell the Note Holde in writing that I am doing so.I may not designate a
payment as a Prepayment if I have not made all the monthly payments d under the Note.
I may make a full Prepayment or partial Prepayments without pay g a Prepayment charge.The Note Holder will use my
Prepayments to reduce the amount of Principal that I owe under this No•.However,the Note Holder may apply my Prepayment
to the accrued and unpaid interest on the Prepayment amount,before a..i ying my Prepayment to reduce the Principal amount of
the Note.If I make a partial Prepayment,there will be no changes in e due date or in the amount of any monthly payment
unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law,which applies to this loan and which sets maximum loan c arges,is finally interpreted so that the interest or other
loan charges collected or to be collected in connection with this loan ex• ed the permitted limits,then:(a)any such loan charge
shall be reduced by the amount necessary to reduce the charge to the.: 'tied limit;and(b)any sums already collected from
me which exceeded permitted limits will be refunded to me.The Note older may choose to make this refund by reducing the
Principal I owe under this Note or by making a direct payment to me.If: refund reduces Principal,the reduction will be treated
as a partial Prepayment
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A)Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly.ayment by the end of FIFTEEN calendar
days after the date it is due,I will pay a late charge to the Note Holder. amount of the charge will be 5.000 %of my
overdue payment of principal and interest. I will pay this late c .._e promptly but only once on each late payment.
(B)Default
If I do not pay the frill amount of each monthly payment on the date it is due,I will be in default
MULTISTATE FIXED RATE NOTE-Single Family-Fannie MaelFreddle Mac UNIF.- INSTRUMENT loitiala:J(
Pagel ot2
-SN(0207101 CHI-(010!04)(d) VMP Mortgage Solutions,Inc.(• )521-7291 Form 32001101
Ji (1 I ,1 Lij('Li ,
CRPRDNRBS46b 3/29/2012 10:56:56 AM PAGE 16/141 888-294-5658
+
(C)Notice of Default
If I am in default,the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a
certain date,the Note Holder may require me to pay immediately the fu l amount of Principal which has not been paid and all
the interest that I owe on that amount.That date must be at least 30 days after the date on which the notice is mailed to me or
delivered by other means_
(D)No Waiver By Note Holder
Even if at a time when I am in default,the Note Holder does not require me to pay immediately in hilt as described above,
the Note Holder will still have the right to do so if I am in default at a later time.
(E)Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above,the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those
expenses include,for example,reasonable attorneys'fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first
class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that
different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note,each person is fully and pi rsonally obligated to keep all of the promises made in
this Note,including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is
also obligated to do these things.Any person who takes over these obligations,including the obligations of a guarantor,surety
or endorser of this Note,is also obligated to keep all of the promises made in this Note.The Note Holder may enforce its rights
under this Note against each person individually or against all of us together.This means that any one of us may be required to
pay all of the amounts owed under this Note.
9. WAIVERS
I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
'Presentment"means the right to require the Note Holder to demand payment of amounts due."Notice of Dishonor"means the
right to require the Note Holder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to the
Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security Instrument"),dated the same date as
this Note,protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this
Note.That Security Instrument describes how and under what conditions I may be required to make immediate payment in full
of all amounts I owe under this Note.Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument.,f Borrower fails to pay these sums prior to the
expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
PATTOVICO#1EHUF
MAt1gUT RECOURSE
COUWRrMr EHDEELOANS,INC.,A1tSVYillfCORPOhKll
DOM NOt€SSASMOBCA5*MEMtEVER
3Y , ittL141.c5351Mta,. __--
maitE&DANDER
BECUINEMIOEPRF91Dx
WITNESS THE P )AND SE OF t 'ERSIGNED.
(Seal) (Seel)
JOHN W. RICINAN JR -Baarnwer -Borrower
(Seal) (Seal)
-Borrower -emrower
[Sign Original Only]
.5N(0207).01 CHL(10104) Page2d2 Fonn 3200 1/01
Exhibit C
a�aa7
•
2:167 '1LV 12 fin 1 52
PrepamdBy:
ESTHER GREAVES
Countrywide Home Loans, Inc.
dba America's Wholesale
Lender
1210 NORTHBROOK DR.#300
TREVOSE
PA 19053
•
Phone: (215)322-3700
After Recording Return To:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
Parcel Number
Pranises:
219 CLAY ST.
ENOLA •
•
•
PA 17025
(Spry Above Thu Line For Retarding Doh)
[Doc ID 1!]
MORTGAGE
PENNSYLVANIA-Single Family-Fannie MwIFoddia Mae UNIFORM INSTRUMENT WITH PIERS
Pigs 1 of 17 j
41111t4A(PA)(0608) CHL(1F105)(d) VMP Mortgage SduaonL Inc.(000)021-nal Fang 3039 1101
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DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
II,13,18,20 and 21.Certain rules regarding the usage of words used in this document are also provided in
Section 16.
(A)"Security Iastrunsent"means this document,which is dated JUNE 05, 2007
together with all Riders to this document
(B)"Borrower"Is
JOHN W KICHMAN JR
Borrower is the mortgagor under this Security Instrument
(C)"MERS"is Mortgage Electronic Registration Systems,Inc.MERE is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns.MERE is the mortgagee under this
Security Instrument.MERS is organized and existing under the laws of Delaware,and has an address and
telephone number of P.0_Box 2026,Flint,MI 48501-2026,tel.(888)679-MERS.
(D)"Lender"is
Countrywide Home Loans, Inc. dba America's Wholesale Lender
Lender is a
CORPORATION
organized and existing under the laws of NEW YORK
Lender's address is
4500 Park Granada MSN# SVB-314
Calabasas, CA 91302-1613
(E)"Note"means the promissory note signed by Borrower and dated JUNE 05, 2007
The Note states that Borrower owes Lender
SIXTY THREE THOUSAND SIX HUNDRED and 00/100
Dollars(U.S.5 63,600.00 )plus interest Borrower has promised to pay this debt in regular
at-lA(PA)(o5os) CHL(10x03) Papa 2 e(t7 Form 3030 110
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Periodic Payments and to pay the debt in full not latex than JULY 01, 4 u.s
(F) "Property"means the property that is described below under the heading"Transfer of Rights in the
Property."
(G)"Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges
due under the Note,and all sums due under this Security Instrument,plus interest.
(H)"Riders"means all Riders to this Security Instrument that are executed by Borrower.The following
Riders are to be executed by Borrower[check box as applicable]:
0 Adjustable Rate Rider n Condominium Rider g Second Home Rider
Balloon Rider H Planned Unit Development Rider 1-4 Family Rider
VA Rider Biweekly Payment Rider Othet(s)[specify]
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final,
non-appealable judicial opinions.
(.1)"Community Association Dues,Trees,and Assessments"means all dues,fen,assessments and other
charges that are imposed on Borrower or the Property by a condominium association,homeowners association
or similar organization_
(K)"Electronic Funds Transfer"means any tnaoafer of funds,other than a transaction originated by check,
draft,or similar paper instilment,which is initiated through an electronic terminal,telephonic instrument,
computer,or magnetic tape so as to order,instruct or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to point-of-sale transfers, automated teller machine
transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers.
(L)"Eaerow Items"means those items s that are described in Section 3.
(M)"Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by
any third party(other than insurance proceeds paid under the coverages described in Section 5)for.(i)damage
to,or destruction of,the Property;(ii)condemnation or other taking of all or any part of the Property;(iii)
conveyance in lieu of condemnation; or(iv)misrepresentations of; or omissions as to, the value and/or
condition of the Property.
(N)"Mortgage Inaurence"means insutaM"protecting Lender against the nonpayment ot;or default on,the
Loan.
(0)"Periodic Payment"means the regularly scheduled amount due for(r)principal and interest under the
Note,plus Cu)any amounts under Section 3 of this Security Tm6ument
(P)"RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C.Section 2601 et seq.)and its
implementing regulation,Regulation X(24 C.F.R.Part 3500),u they might be amended from time to time,or
any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument,"RESPA"refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan"even if the Loan does not qualify as a'federally related mortgage loan"
under RESPA.
(Q)"Summer in Interest of Borrower^means any party that has taken title to the Property,whether or not
that party has ass awed Borrower's obligations under the Note and/or this Security Instrument
I1111114A(PA)(r5oa) CI-(7DOf) Pape*.117 Fonn30391101
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TRANSFER OP RIGHTS IN THE PROPERTY
This Security Instrument secures to lender.(i)the repayment of the Loan,and all renewals,extensions and
modifications of the Note; and(ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note.For this purpose,Borrower does hereby mortgage,grant and convey to
MERS(solely as nominee for Lender and Lender's successors and assigns)and to the successors and assigns
of MERS,the following described property located in the
COUNTY of CUMBERLAND
[Type of Recanting 7nvdictiaal [Name of Recording Jurisdiction]
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of
219 CLAY ST. , ENOLA
lsaesictryl
Pennsylvania 17 025 ("Property Address"):
(lap Code] •
TOGETHER WIfI1 all the improvements now or hereafter erected on the property,and all casements,
appurtenances,and fixtures now or hereafter•part of the property_All replacement*and additions shall also
be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the
"Prop.,aty."Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument,but if necessary to comply with law or custom,MERE(as nominee for
Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,including,
but not limited to,the right to foreclose and sell the Property;and to take any action required of Lender
including,but not limited to,releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record Borrower warrants and will defend generally the title to the Property against all
claims and demands,subject to any encumbrances of record.
41144A(PA)o ) CIlL(IWOd) Page sart7 Perm 3039 1101
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THIS SECURITY INSTRUMENT combines uniform covenant for national use and non-uniform
covenants with limited variations by juoadiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows:
L Payment of Prindpal,Interest,Lacrow Items,Prepayment Charges,and Late Charges.Borrower
shall pay when due the principal of and interest on,the debt evidenced by the Note and any prepayment
charges and late charges due under the Note.Borrower shall also pay funds for Escrow Items pursuant to
Section 3.Payments due under the Note and this Security Instrument shall be made in US- currency.
However,if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under
the Note and this Security Inahvment be made in one or more of the following fortes,as selected by Lender:
(a)cash;(b)money order;(c)certified check,bank cheek,treasurer's check or cashier's check,provided any
such cheek is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or
entity;or(d)Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section IS_Lender
may return any payment or partial payment if the payment or partial payments arc insufficient to bring the
Loan current.Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder orpsejodice to its rights to refuse mach payment or partial payments in
the future,but Lender is not obligated to apply such payments at the time such payments are accepted_If each
Periodic Payment is applied as of its ached led due date,then Lender need not pay interest on unappficd
funds.Lender may bold such unapplied finds until Borrower makes payment to bring the Loan current.If
Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return
them to Borrower.If not applied earlier,such fiords will be applied to the outstanding principal balance render
the Note itmnedistely prior to foreclosure.No offset or claim which Borrower might have now or in the future
against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument
or performing the covenants and agreements secured by this Security Instrument
2.Application of Payments or Proceeds.Except as otherwise described in this Section 2,all payments
accepted and applied by Lender obeli 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.ball be applied that to
late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the
late charge.If mote than one Periodic Payment is outstanding,Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments If,and to the extent that,each payment can be paid in
full.To the extent that any excess exists after the payment is applied to the fun payment of one or more
Periodic Payments,such excess may be applied to any late charges due.Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments.
.6A(PA)No) CHL(10104) Pere a d 17 Fenn 3039 1101
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3.Funds for Escrow Items_Borrower shall pay to Lender on tie day Periodic Payments are due lamer
the Note,until.the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due fon(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)premium
for any and all insurance required by Lender under Section 5;and(d)Mortgage Insurance premiums,if any,or
any smrres payable by Borrower to Lender in lieu of the payment of Mortgage Insurance prrann ne in
accordance with the provisions of Section 10.11scse items am called"Escrow Itesca."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 Bern.
Borrower shall promptly frontal to Lender all notices of amounts to be paid under this Section.Borrower shall
pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any
or all Escrow Inns.Lender may waive Renown's obligation to pay to Lender Funds for any or all Escrow
Items at any time.Any such waiver may only be in writing.In the event of such waiver,Borrower shall pay
directly.when and where payable,the amounts due for any Escrow Items for which payment of Funds has
been waived by Lender and,if Lender requires,shall furnish to Lender teceipe evidencing such payment
within such time period as Lender may require.Borrowers obligation to make such payments and to provide
receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument,as the phrase"covenant and agreement"is used in Section 9_If Borrower is obligated to pay
Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount.Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Burrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the
Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require
under RESPA.Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality,
or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal UMW
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA.Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow
account,or verifying the Escrow Isms,unless Lender pays Borrower interest on the Funds and Applicable
Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law
requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings
on the Funds.Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds.
Lender shall give to Burrower,without charge,an annual accounting oldie Funds as required by RESPA.
If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower
for the excess funds in accordance with RESPA.If there is a shortage of Funds held in escrow,as defined
under RESPA,Lender shall notify Borrower as required by RESPA,and Burrower shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly
payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify
Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA,but in no more than 12 monthly payments.
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Upon payment in full of all suers seemed by this Security Instrument,Lender snau pruiu1.,r
Borrower any Funds held by Lender_
4.Charges;Liens.Borrower shall pay all taxes,assessments,charges,fines,and impositions attributable
to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on
the Proper ty,if any,and Community Association Dues,Fees,and Assessments,if any.To the extent that these
items are Escrow Items,Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower:(a)agrees in writing in the payment of the obligation secured by the lien in a manner acceptable to
Lender,but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by,or
defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;
or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument.If Lender determines that any part of the Property is subject to a lien which can attain
priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Within 10 days
of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set
forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
S.Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire hazards included within the tetra"extended coverage,"and any other
hazards including,but not limited to,earthquakes and floods, for which Lender requires insurance.This
insurance shall be maintained in the amounts(including deductible levels)and for the periods that Lender
requires.What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice,which right shall not be exercised unreasonably.Lender may require Borrower
to pay,in connection with this Loan,either:(a)•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=mappings or similar changes occur which reasonably might affect such
dctemrinstion 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 front an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage,at Lender's option and Borrower's expense.Leader is under no obligation to purchase any particular
type or amount of coverage.Therefore,such coverage shall cover Leader,but might or might not protect
Borrower,Botrowets 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 immanence coverage so obtained might significantly exceed the cost of insurance that
Borrower could have obtained.Any amounts disbursed by Leader under this Section S shall become additional
debt of Borrower secured by this Security Instrument,These amounts shall bear interest at the Note rate from
the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower
requesting payment.
All insurance licies
pin required by Leader and renewals of such policies shall be subject to Lender's tight
to disapprove such policies,shall include a standard mortgage clause,and shell name Lender as mortgagee
and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal certificates.If
411 401PN 1 ► cHL(turns) Paae 7 or t7 Penn 3050 trot
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Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.If
Borrower obtains any form of insurance coverage,not otherwise required by Lender, for damage to, or
destruction of,the Property,such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional lost payee.
In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may
make proof of loss if not made promptly by Botrawe Unless Lender and Borrower otherwise agree in
writing,any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Leader's security is not lessened,During such repair and restoration period,Lender shell have the right to hold
such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has
been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly.Lender
may disburse proceeds for the repairs and restoration in a single payment or in a aeries of progress payments
as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be
paid on such insurance proceeds.Lender shall not be required to pay Borrower any interest or earnings on
such proceeds.Fees for public adjusters,or other third parties,retained by Borrower shall not be paid out of
the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is eat
economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the
sums secured by this Security im4unxnt,whether or not then due,with the excess,if any,paid to Borrower.
Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property,Lender may file negotiate and settle any available insurance claim
and related matters.If Borrower does not respond within 30 days to a notice from Leader that the insurance
carrier has offered to settle a claim,then Lender may negotiate and settle the claim The 30-day period will
begin when the notice is given.In either event, or if Lender acquires the Property under Section 22 or
otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security I'nanumentt,and(b)any other of Borrower's
rights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies
covering the Property.insofar as auch rights are applicable to the coverage of the Property.Lender may use
the insurance proceeds either to repair or restore the Pioy,..ty or to pay amounts unpaid under the Note or this
Security Instrument,whether or not then due.
6.Occupancy.Borrower shall occupy,establish,and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Ioatnrment and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise
agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist
which arc beyond Boaowefa control.
7. Preservade s,Maintenance and Protection of the Property; Ilnspectiona. Borrower shall not
destroy,damage or impair the Property,allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value dna to its condition.Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if
damaged to avoid Bather deter/clarion or damage. If insurance or condemnation proceeds are paid in
connection with damage to,or the taking of, the Property,Borrower shall be responsible for repairing or
restoring the Property only if Lender]has released proceeds for such purposes.Lender may disburse proceeds
for the repairs and restoration in a single payment or in• suits of progress payments as the work is
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completed.If the insurance or condemnation proceeds am not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause,Lender may inspect the interior of the improvements on the Property.Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable came.
I.Borrower's Loan Application.Borrower shall be in default it;during the Loan application process,
Borrower or any persona or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false,mialeading,or inaccurate information or statements to Lender(or failed to
provide Lender with material information)in connection with the Loan.Material representations include,but
are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9.Protection of Lender's Interest Iii the Property and Rights Under this Security Instrument.If(a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or(c)Borrower has abandoned the Property,then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,
including protecting and/or assessing the value of the Property,and securing and/or repairing the Property.
Lender's actions can include,but are not limited to:(a)paying any soma secured by a lien which has priority
over this Security lnatitunenl(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 includs,but is not limited to,entering the Property to make
repairs,change locks,replace or board up doom and windows,drain water from pipes,eliminate building or
other code violations or dangerous conditions,and have utilities turned on or off.Although Lender may take
action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so-It
is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by ibis Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable,with auchintereet,upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the irate.
If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10.Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage insurance in effect.It;for any reason,the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect,at a coat substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect,from an alternate mortgage insurer selected
by Lender.If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue
to pay to Lender the amount of the separately designated payments that were due when the insurance coverage
ceased to be in effect.Lender will accept,use and retain these payments as a non-refundable loss reserve in
lieu of Mortgage Insurance.Such loss nerve shall be non-refundable,notwithstanding the fact that the Loan
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is ultimately paid in full,and Lender shall not he required to pay Borrower any interest or earnings on such
loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the
amount and for the period that Lender requires)provided by an insurer selected by Leader again becomes
available,is obtained,and Lender requires separately designated payments toward the premiums for Mortgage
Insurance.If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the presume for Mortgage Insurance,Borrower
shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss
reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termination is required by Applicable
Law.Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided 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 insurer evaluate their total rink on all such insurance in force from time to tine,and may enter
into agreements with other parties that share or modify their risk„or reduce losses.These agreements are on
terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these
agreements_These agreements rimy 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
poemiums)-
As a result of these agreements,Lender,any purchaser of the Note,another insurer,any teinsurey any
other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive
from(or right be characterized as)a portion of Borrower's payments for Mortgage insurance,in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Laufer takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer,the arrangement is often termed"captive reinsurance,"Further
(a)Any such agreements will net affect the ameuats that Borrower has agreed to pay for Mortgage
Insurance,or any other terms of disjoin.Such'greenmail)will not Increase the amount Borrower will
owe for Mortgage Insurance,and they will not entitle Borrower to any refund.
(b)Any such agreements will not affect the rights Borrower has-If any-with respect to the
Mortgage Insurance under the Homeowners reelection Act of 1998 or any ether law.These rights may
Include the right to receive certain disclosures,to request and obtain cancellation of the Mortgage
Insurance,to have the Mortgage hearsesa terminated automatically,and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of mach cancel/Mien or termination.
11. Asdgnment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged,such b iiscellaneou s Proceeds shall be applied to restoration or repair of the
Property,if the acatoration or repair is economically Sdsabls and Leader's security is not lessened.During such
repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly.Lender may pay for the repairs and restoration in
a single disbursement or in a series of progress payments as the work is completed.Unless an agreement is
made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,Lender shall
not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or
4111144A(PA)(0sos) CM(10/05) Pepe 10 of 17 Form 3030 1/01
tit 1995PG33 17
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CUMBERLAND COUNTY inst,#200720227-Page 10
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repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall
be applied to the sums secured by this Security instrument;whether or not dim due,with the excess,if any,
paid to Borrower.Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
ha the event of a total taking,destruction,or loos in value of the Property,the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Xriatrrttoenl,whether or not then due,with the excess,if
any,paid to Borrower.
In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value
of the Properly immediately before the partial taking,destruction,or loss in value is equal to or greater than
the amount of the sures secured by this Security Instrument immediately before the partial taking,destruction,
or loss in value,unless Botrowcr and Linder otherwise agree in writing,the sums secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:
(a)the total amount of the sums secured imooedistely 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 then the amount of
the sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower end
Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the some 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 its the next sentence)offers ro 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 restitution or repair of the Property or to the sums secured by this
Security Instrument,whether or not that dm."Opposing Party"means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in
Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security lnstttument Borrower can cure such a default and,if acceleration
has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a
ruling that,in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security testament.The proceeds of any award or claim for
damages that arc attributable to the impairment of Lender's interest in the Property are hereby assigned and
shall be paid to Lender.
AU Miscellaneous Proceeds that are not applied to realization or repair of the Property shall be applied hr
the order provided for in Section 2.
12.Borrower Not Released; Forbearance By Lando Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security testament granted by Lender to
Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any
Successors in Interest of Borrower.Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortiatian of
the sums secured by this Security Uuet imient by reason of any demand made by the original Borrower or any
Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or remedy including,
without limitation,Lender's acceptance of payment from third persons,entities or Successors in Interest of
4A(PA)plea) CHI.(101S3) Papa 11 or 17 Fern runs 1101
SK 1995PG33 18
Vr Inst.#200720227-Page 11
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Borrower or in amounts less than the amount then dun, waiver or or preclude the exercise of any
right or remedy.
13.Joint and Several Liability;Co..ignera;Snecaaers and Assigns Bound.Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several.However,any Borrower who
co-signs this Security Instrument but does not execute die Note(a"co-signer"):(a)is co-signing this Security
Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the teams of this
Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodation with regard to the terms of this Security hue:moent or the Note without the co-signer's
consent.
Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing,sad is approved by Lender,shall obtain all of Borrower's
rights and benefits under this Security Instnnnent.Borrower shall not be released from Borrower's obligations
and liability under this Security Instrument unless Lender agrees to such release in writing.The covenants and
agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors
and assigns of Lender.
14.Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default;for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument,including,but not limitcd_to,attorneys'fees,property inspection and valuation fees.In
regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to
Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that
are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge
to die permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will
be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the
Note or by snaking a diced payment to Borrower.Ha 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.
15.Notices.Ail notices given by Borrower or Lender in connection with this Security Instrument must
be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class snail or when actually delivered to Borrower's notice
address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender.Borrower shall promptly notify
Lender of Borrower's change of address.If Lender specifies a procedure for reporting Borrower's change of
address,then Borrower shall only report a change of address through that specified procedure.There may be
only one designated notice address under this Security Instrument at any one lime.Any notice to Lender shall
be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has
designated another address by notice to Borrower.Any notice in connection with this Security Instrument
shall not be deemed to have been given to Leader until actually received by Lender.If any notice required by
igt 4A(PA)ratios) CHL(10A18) Ppe 12 err it Form am» 1en1
111(1995 PG 3319
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CUMBERLAND COUNTY Inst.#200720227-Page 12
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this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy
the corresponding requirement under this Security Inau+mne,L
16.Governing Law;Severabtltty;Rules or Construction.This Security Instrument shall be governed
by federal law and the Jaw of the jurisdiction in which the Property is located.All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but
such silence shall not be construed as a prohibition against agreement by contract In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and include
the plural and vice vaea;and(c)the word"may"gives sole discretion without any obligation to lake any
action
17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument
18.Transfer of the Property or a Beneficial Interest In Borrower.As used in this Section 18,
"Interest in the Property"means any legal or bcac lcsal interest in the Propeaty,including,but not limited to,
those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow
agreement,the intent of which is the transfer oftitle by Borrower at a fugue date to a purchaser.
Vail or any part of the Property or any Interest in the Property is sold or transferred(or ifBorrower is not
a natural person and a beneficial interest in Borrower it sold or transferred)without Lender's prior written
consent,Lender may require immediate payment in full of all sums secured by this Security Instrument
However,this option shall not be remised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall
provide a period of nor leas 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, Leader may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19.Borrower's Right to Reinstate After Acceleration.If Borrower meets certain conditions.Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the
earliest of:(a)five days before sale of the Property pursuant to any power of sale contained in this Security
Instrument; h
(b)such other period as Applicable Law might specify for the termination of Borrowers right to
reinstate;or(c)entry of•judgment enforcing this Security Instrument Those conditions are that Borrower:
(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred;(b)cures any default of any other covenants or agreements;(c)pays all expenses
incurred in enforcing this Security !asttummcat, including, but not limited to, reasonable attorneys' fees,
property inspection and valuation fees,and other fees inauned for the impose of protecting Lender's interest
in the Property and rights under this Security Instrumenk and(d)takes such action as Lender nay reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument, and
Borrower's obligation to pay the swiss secured by this Security Instrument,shall continue unchanged.Lender
may require that Borrower pay such reinstatement stuns and expenses in one or more of the following forms,
as selected by Lender.(a)cash;(b)money order;(c)certified check,bank check,treasurers check or cashier's
check,provided any such check is drawn upon an institution whose deposits are;named by a federal agency.
4A(PN{0608) t:HL(10/05) Pea.13 at 17 Form 3030 0101
SK 1995PG3320
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instrumentality or entity;or(d)Electronic Funds Transfer.Upon reinstatement by Borrower, this Security
Instrument and obligations secured hereby shall remain fatly effective as if no acceleration had occurred.
However,this right to reinstate shall not apply in the case of acceleration under Section 18.
20.Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the
Note(together with this Security Instrument)can be sold one or more timer without prior notice to Borrower.
A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments
due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under
the Note,this Security Instrument,and Applicable Law.There also might be one or more changes of the Loan
Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer,Borrower will be given
written notice of the change which will state the name and address of the new Loan Services the
address to which payments should be made and any other information RESPA requires in connection with a
notice of transfer of servicing.If the Note is sold and thereafter the Loan is serviced by•Loan Servicer other
than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan
Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence,join,or be joined to any judicial action(as either an
individual litigant or the member of a class)that arises from the other patty's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of or any duty owed by reason of
this Security Instrument,until such Borrower or Lander 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•
reasonable period after the giving of such notice to take corrective action.If Applicable Law provides a time
period which must elapse before certain action can be taken,that time period will be deemed to be reasonable
for purposes of this paragraph.The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21.Hazardous Substances.As used in this Section 21:(a)"Hazardous Substances"are those substances
defined as toxic or hazardous substances,pollutants,or wastes by Enviroranental 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 judsdiction where the Property is located that relate
to health, safety or environmental protection;(c) "Environmental Cleanup" includes any response action,
remedial action,or removal action,as defined in Environmental Law;and(d)an"Environmental Condition"
means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous
Substances,or threaten to release any Hazardous Substances,on or in the Property Borrower shall not do,nor
allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law,(b)
which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a Hazardous
Substance,creates a condition that adversely affects the value of the Property.The preceding two sentences
shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances
that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including,but not limited to,hazardous substances in consumer products).
4AJPA)(o We) CHL(10/05) Pico to d 1T Fenn 3030 1101
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11K 1995PG332 I
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Borrower shall promptly give Leader written nodes of(a)any investigation,claim,demand,lawsuit or
other action by any govemmental or regulatory agency or private party involving the Pnepenty and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental
Condition,including but not limited to,any spilling,leaking,discharge,release or threat of release of any
Hazardous Substance,and(c)any condition cawed by the presence,use or relate of a Hazardous Substance
which adversely affects the value of the Property.If Borrower harm,or is notified by any governmental or
regulatory authority,or any private pasty,that any removal or other remediatioa of any Hazardous Substance
affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance
with Environtruental Law.Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS.Borrower and Lender father covenant and agree as follows:
22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement In this Security Instrvment (hut not prior to
acceleration under Section IS unless Applicable Law provides otherwise).Lender shall notify Borrower
of,among other things:(a)the default;(b)the action required to cure the default,(e)when the default
must be cured;and(d)that failure to cure the default as specified may result in acceleration of the sums
secured by thin Security Instrument,foredosnre by Judicial proceeding and sale of the Property.Lender
shall further Inform Borrower of the right to rehutate attar acceleration and the right to assert In the
foreclosure proceeding the Hon-ex stence of a default or any other defense of Borrower to acceleration
and foreclosure.If the default la mot cored es specified,Lender at Its option may require immediate
payment in full of all suns secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceediog.lender shell be entitled to collect all expenses
Incurred is pursuing the remedies provided la lib Section 22,indocile',but not limited to,attorneys'
fees and costa of title evidence to tha extent permitted by Applicable Law-
23.Release.Upon payment of all sums secured by this Security Internment,this Security Instrument and
the estate conveyed shall terminate and become void.After such occurrence, Lender shall discharge and
satisfy this Security Iastnmsent Borrower shall pay any recordation coats Lender may charge Borrower a fee
for releasing this Security Instrument,but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24.Waiver,.Borrower,to the extent permitted by Applicable Law,waives and releases any error or
defects in proceedings to enforce this Security Instrument,and hereby waives the benefit of any present or
future laws providing for stay of execution,extension of time,exemption from attachment,levy and sale,and
homestead exemption.
23.Reinstatement Period.Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
26.Purchase Mosey Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire tide to the Property,this Security Interment shall be a purchase money mortgage.
27.Interest Rate After Judgment.Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the Note.
4A(PA)canoe) CI&(toms) Ppo as d 1 i Form 3036 1/01
SK.1995 PG 3322.
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07/30/2013 12:05:06 PM CUMBERLAND COUNTY Inst#200720227-Page 15 c
BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in teas
Security Instrument and in any Rider executed by Borrower and recorded with it.
- - (Seal)
'JOHN W. K I JR -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
tillt&*(PA)(ores) CHL(10/05) P.s.1 a 0117 Form 3070 1101
8K 1995 PG 3323
07/30/2013 12:05:06 PM CUMBERLAND COUNTY Inst.#200720227•Page 16,
COMMONWEALTH OF PENNSYLVANIA, Lebanon Countyss:
On this,the Sth day of June 2007 ,before me,the
undersigned ofCrcer.JPessamh slly_rPKle ttnai Ti
known to me(or satisfactorily proven)to be the
peraon(s) whose umne(s) is/are subscribed to the within instrument and acknowledged that he/she/they
executed the same for the purposes herein contained.
IN WITNESS WHEREOF,I hereunto set my hand offici aeaL
My Commission Expires;
COMMONWEALTH OFPENNSYLVANIA_
Nandi Safi
Slat A.10d ns,Wag PullYe rue erottuz<
Want Ocumail 41.Lebanon Canty
DAitCcev ieebtFiphaeFeb.18,2006
Mambo.,Pen edranle Aesodeeon of Notarial
Certkfiea t !dente /
I, I j Abb y ,do hereby certify that
the correct address 0/M.le wi.,1, .. • ortgagee is P.O.Box 2026,Flint,MI 48501-2026.
Witness my hand this ')f/r day of daft/ _ -V ag-
Agent of MaApgee
-6A(PA)togas) CHL(10(05) Page tlot17 Fonts 3010 1101
•
is 1995PG3324-
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1-4 FAMILY RIDER
(Aealiament of Reap)
After Recording Return To:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
PARCEL ID #-
Prepared By:
ESTHER GREAVES
(Doc ID #1
MULTISTATE 1-4 FAMILY RIDER-Fannie Mao/Freddie Mac UNIFORM INSTRUMENT
Page 1 of 5
41111-57R(0411) CHL(11/04)(d) InittsIs)Q4
VMP Mortgage Solutions.Inc.(800)521-7291 Form 3{701/01
�1II995PG332S
07/30/2013 12:05:06 PM CUMBERLAND COUNTY InsL#200720227-Page 18.
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DOC ID It: vv,+..__
THIS 1-4 FAMILY RIDER is made this FIFTS day or
JUNE, 2 0 07 ,and Is Incorporated Into and shell be deemed to amend and supplement
the Mortgage,Deed of Trust,or Security Deed(the'Security Instrument")of the same dale given
by the undersigned(the"Borrower^)to secure Borrower's Note to
Countrywide Rome Loans, Inc. dba America's Wholesale Lender
•
(the"Lender")of the same date and covering the Property described in the Security Instrument and
located at:
219 CLAY ST., ENOLA, PA 17025
[Property Address]
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
A.ADDITIONAL PROPERTY SUBJECT TO Ti1E 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 are added to the Property deecripUon,and shall also
constitute the Property covered by the Security Instrument building materials, appliances and
goods of every nature whatsoever now or hereafter located In,on,or used,or intended to be used
in connection with the Property,Including,but not limited to,those for the purposes of supplying or
distributing healing,cooling,electricity,gas,water,air and light,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 rode,attached mirrors,
cabinets,paneling and attached floor coverings,all of which,including replacements and additions
thereto, shall be deemed to be and remain a part of the Property covered by the Security
Instrument MI of the foregoing together with the Property described in the Security instrument(or
the leasehold estate if the Security Instrument is on a leasehold)are referred to in this 1-4 Family
Rider and the Security Instrument as the"Property.'
B. USE OF PROPERTY;COMPLIANCE WiTH LAW_ Borrower shall not seek,agree to or
make a change in the use of the Property or ite zoning classification,unless Lender has agreed in
writing to the change. Borrower shall comply with all laws, ordinances, regulations and
requirements of any governmental body applicable to the Properly.
C.SUBORDINATE LIENS.Except as permuted by federal law,Borrower shall not glow 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 Insurance against rent loss in addition
to the other hazards for which insurance is required by Section 5.
Initials:.
-57R(0411) CHL(11/04) Page 2 of 5 Form 31701/01
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DOC ID „.
E.`BORROWER'S RIGHT TO REINSTATE"DELETED. 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 LEASES. Upon Lender's request after default,Borrower shall assign to
Lender all teases at the Property and all security deposits made in connection with leases of the
Properly. Upon the assignment, Lender shell have the right to modify, extend or terminate the
existing leases and to execute new leases.In Lender's sole discretion.As used In this paragraph 0,
the word lease'shall mean'sublease'if the Security Instrument is on a leasehold.
H.ASSIGNMENT OF RENTS;APPOINTMENT OF RECEIVER; LENDER IN POSSESSION.
Borrower absolutely and unconditionally assigns and transfers to Lander all the rents and revenues
("Rents")of the Property,regardless of to whom the Rents of the Property are payable. Borrower
authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the
Property shell 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(II)Lender has given notice to the tenent(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 end receive all of the Rents of the Property;(Hi)
Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or
Lender's agents upon Lender's written demand to the tenant (iv)unless applicable law provides
otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of
taking control of and managing the Property and collecting the Rents.including, but not limited to,
attorneys fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs,
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 actually received;and(v1)Lender shall be entitled 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 collecting the Rents any funds expended by Lender for such purposes
shell become indebtedness of Borrower to Lender 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 performed, and will not perform, any act that would prevent Lender from
exercising its rights under this paragraph.
Initials:./4...4
et-57R(0411) CHL(11104) Page 3 of 5 Form 3170 1/01
Bit 1995 PG 3327
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•
DOC ID #
Lender, or Lenders agents or a judicially appointed receiver, shall not De requsw
upon, take control of or maintain the Property before or alter giving notice of default to Borrower.
However,Lender,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 cure or waive any default or invalidate any other
right or remedy of Lender.This assignment of Rents of the Property shall terminate when all the
sums secured 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 shell be a breach under the Security instrument and Lender may
invoke any of the remedies permitted by the Security Instrument.
1
• InitialsJ� �
411t-67R(0411) CHL(11/04) Page 4 of 5 Form 3170 1/01
B-! 995PG3328
07/30/2013 12:05:06 PM CUMBERLAND COUNTY insL#200720227-Page 21
DOC ID #
BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in
this 1-4 Family Rider.
cl� ��5- i
a (Seal)
JOHN W. KICRMAN JR -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
4111-57R(0411) CHI(11/04) Page 5 of 5 Form 3170 1/01
;';this to be recorded
hi Cumberland County PA
Recorder of Deeds
•
m{ 1995PG3329
07/30/2013 12:05:06 PM CUMBERLAND COUNTY Inst.#200720227-Page 22
s
EXHIBIT"A"
ALL THAT CERTAIN lot of ground situate in the East Pennsboro Township, County of Cumberland
and State of Pennsylvania,being Lot No.3 in Martin's Addition to West Fairview,more particularly bounded and
described as follows, to wit:
BEGINNING at a corner on Clay Street and Lot No.4 of Martin's Addition aforesaid;thence along said
Lot No.4 and through the center wall of a pair of frame houses, 130 feet to a drive alley;thence westwardly along
the southern line of said alley, 30 feet to a lot of Land No. 2 on said Plan; thence southwardly along line of Lot
No.2,2,130 feet to Clay Street;thence along the northern line of Clay Street in an eastwardly direction,30 feet to
a point,the Place of BEGINNING.
HAVING THEREON ERECTED a two and one-half story frame dwelling known as No. 219 Clay
Street,West Fairview,Pennsylvania.
BEING THE SAME PREMISES which Keith A.Putt,by deed dated May 31,2007 and to be recorded
simultaneously herewith in the Cumberland County Recorder of Deeds Office, granted and conveyed unto John
W.Kichman,Jr.,mortgagor herein.
•
I
1995PG333 .
�
07!30/2013 12:05:06 PM CUMBERLAND COUNTY
Inst.#200720227-Page 23
Exhibit D
:,,Vp I ,
,t•,- • .
Prepared By: Victoria Ayer
McCabe Weisberg&Conway,P.C.
Suite 2080
123 South Broad Street
Philadelphia, PA 19109
Record and Return To:
McCabe Weisberg& Conway, P.C.
Suite 2080
123 South Broad Street
Philadelphia, PA 19109
Attn: Victoria Ayer
Parcel#45-17-1044-115
Loan Number:
Assignment of Mortgage
Effective Date of Assignment: May 18, 2009
For Value Received,the undersigned holder of a mortgage, Mortgage Electronic Registration
Systems,Inc. as nominee for Countrywide Home Loans, lnc. dba America's Wholesale Lender
whose address is P.O. Box 2026 Flint,Michigan 48501-2026
does hereby grant, sell, assign, transfer and convey without warranties of any nature whatsoever
and without recourse,unto BAC Home Loans Servicing,LP fka Countrywide Home Loans,Inc.
whose address is 1800 Tapo Canyon Road,Mail Stop#SV-103, Simi Valley, CA 93063
a certain Mortgage dated 06-05-2007 made and executed
by: John W. Kichman Jr
upon the following described property situated in Cumberland County, Commonwealth of
Pennsylvania:
which has the address of 219 Clay Street, Enola, PA 17025
Parcel ID no: 45-17-1044-115
• r
I do hereby certify that the precise address of BAC Home Loans Servicing, LP fka Countrywide
Home Loans, Inc. is 1800 Tapo Canyon Road,Mail Stop#SV-103, Simi Valley, CA 93063
Attested By: .(i/". "
Donald Clark ASSISTANT VICE PRESIDED
such Mortgage having been given to secure payment of$63,600.00, which Mortgage is of record
in Record Book 1995 Page 3308 of.the Recorder of Deeds of Cumberland County,
Commonwealth of Pennsylvania,together with the note(s) and obligations therein described, the
money due and to become due thereon with interest, and all rights accrued or to accrue under
such Mortgage. This Mortgage was recorded on 6-05-2007.
TO HAVE AND TO HOLD, the same unto Assignee,its successors and assigns, forever, subject
only to the terms and conditions of the above-described Mortgage.
IN WITNESS WHEREOF,the undersigned Assignor has executed this Assignment of Mortgage
on SEP 1 Q 20 9 •
Mortgage Electronic Registration Systems, Inc. as nominee
for Countrywide Home Loans,Inc. dba America's
Wholesale Lender
(Company)
Signature: q 11 01 Oq
Date: l L
Title: Kimae D son- Vice President
FORM OF CORPORATE ACKNOWLEDGMENT
State of Texas )
) SS:
County of CO1111 )
On this day of SEP 1 0 2009 20_,before me the undersigned officer,personally
KIMBERLY DAWSON Vice President
appeared who acknowledged himself or herself to be the of
Mortgage Electronic Registration Systems, Inc. as nominee for Countrywide Home Loans, Inc.
Vice President
dba America's Wholesale Lender, and that he or she as such , being authorized to do
so, executed the foregoing instrument for the purposes therein contained by signing the name of
the corporation by himself or herself as Vice President
In witness whereof, I hereunto set my hand and official seal.
Cal
N RY PUBLIC
Liliana Morcan
/spPV Putts LILIANA MORCAN
M.y Commission Expires
October 21,2012
bF R*
First American
Title Insurance Company
FTPA-63
SCHEDULE C
File No. 2009-4204
ALL THAT CERTAIN LOT OF GROUND SITUATE IN THE EAST PENNSBORO TOWNSHIP, COUNTY OF
CUMBERLAND AND STATE OF PENNSYLVANIA, BEING LOT NO. 3 IN MARTIN'S ADDITION TO WEST
FAIRVIEW,MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS,TO WIT:
BEGINNING AT A CORNER ON CLAY STREET AND LOT NO. 4 OF MARTIN'S ADDITION AFORESAID;
THENCE ALONG SAID LOT NO.4 AND THROUGH THE CENTER WALL OF A PAIR OF FRAME HOUSES, 130
FEET TO A DRIVE ALLEY; THENCE WESTWARDLY ALONG THE SOUTHERN LINE OF SAID ALLEY, 30
FEET TO A LOT OF LAND NO. 2 ON SAID PLAN; THENCE SOUTHWARDLY ALONG LINE OF LOT NO. 2,
2,130 FEET TO CLAY STREET; THENCE ALONG THE NORTHERN LINE OF CLAY STREET IN AN
EASTWARDLY DIRECTION,30 FEET TO A POINT,THE PLACE OF BEGINNING.
PARCEL NO.45-17-1044-115
BEING THE SAME PREMISES WHICH KEITH A. PUTT, ADULT INDIVIDUAL, BY DEED DATED 05-31-07 AND
RECORDED 06-12-07 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR THE COUNTY OF
CUMBERLAND IN RECORD BOOK 280 PAGE 2150, GRANTED AND CONVEYED UNTO JOHN W. KICHMAN,
JR.
ALTA Commitment
Schedule C
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013 ' N' "
717-240-6370
Instrument Number-200932617
Recorded On 9/21/2009 At 3:23:10 PM *Total Pages- 5
*Instrument Type-ASSIGNMENT OF MORTGAGE
Invoice Number-52698 User ID-KW
*Mortgagor-KICHMAN,JOHN W JR
*Mortgagee-BAC HOME LOAN SER LP
*Customer-MCCABE WEISBERG& CONWAY
*FEES
STATE WRIT TAX $0.50 Certification Page
STATE JCS/ACCESS TO $10.00
JUSTICE DO NOT DETACH
RECORDING FEES — $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00 This page is now part
FEES of this legal document.
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $37.00
I Certify this to be recorded .
in Cumberland-County PA
/Eau " - ,p
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! - I RECORDER 0 D DS
:
1150
*-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
000BQF
IIIII II IIIHIIIII
Exhibit E
•
ALL THAT CERTAIN lot of ground situate in the East Pennsboro Township, County of Cumberland
and State of Pennsylvania,being Lot No.3 in Martin's Addition to West Fairview,more particularly bounded and
described as follows, to wit:
BEGINNING at a corner on Clay Street and Lot No.4 of Martin's Addition aforesaid;thence along said
Lot No.4 and through the center wall of a pair of frame houses, 130 feet to a drive alley;thence westwardly along
the south ern.line of said alley, 30 feet to a lot of Land No. 2 on said Plan; thence southwardly along line of Lot
No.2,2,130 feet to Clay Street;thence along the northern line of Clay Street in an eastwardly direction,30 feet to
a point,the Place of BEGINNING.
RAVING THEREON ERECTED a two and one-half story frame dwelling known as No. 219 Clay
Street,West Fairview,Pennsylvania.
BEING THE SAME PREMISES which Keith A.Putt,by deed dated May 31,2007 and to be recorded
simultaneously herewith in the Cumberland County Recorder of Deeds Office, granted and conveyed unto John
W.Kichman,Jr.,mortgagor herein.
•
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April 12, 2013
JOHN W KICHMAN
219 Clay St.
Enola, PA 17025-8513
ACT 91 NOTICE
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 EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The names, addresses 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 1-717-780-1869).
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 INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA
HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE 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.
sh`4-
2271910828
HOMEOWNER'S NAME(S): JOHN W KICHMAN,JR
PROPERTY ADDRESS: 219 Clay St.
Enola, PA 17025
LOAN ACCT. NO.:
ORIGINAL LENDER: COUNTRYWIDE HOME LOANS, INC
CURRENT LENDER/SERVICER: Bank of America, N.A.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983(THE"ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,
AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). 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 THIRTY-THREE f331 DAYS OF THE DATE OF THIS NOTICE. 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.) 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA
and received with thirty(30)days of your face-to-face meeting with the counseling agency.
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.
AGENCY ACTION-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 requireme)ts 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.
Of 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:
219 Clay St. Enola, PA 17025
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 Charges: 08/01/2009 - 07/31/2012 @ $574.80 $20,692.80
08/01/2012 - 04/30/2013 @ $567.20 $5,104.80
Late Charges:
06/01/2012 - 02/28/2013 @ $21.69 $195.21
Other Charges: Additional Uncollected Late Charges: $107.85
Uncollected Costs: $465.89
Partial Payment Balance: ($342.80)
TOTAL AMOUNT PAST DUE: $26,223.75
HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $26,223.75, PLUS ANY MORTGAGE
PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments
must be made either by cash,cashier's check,certified check or money order made payable and sent to:
Bank of America, N.A.at P.O. Box 15222 Wilmington, DE 19886-5222
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 property.
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 attorneys'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) DAY 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 Sheriff's Sale. You may do so by paving 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
LL 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.
Fmk
EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the
mortgage property could be held would be approximately six(6) months from the date of this Notice. A notice of
the actual date of the 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: Bank of America, N.A.
Address: PO Box 5170 Simi Valley,CA 93062-5170
Phone Number: 800-669-6654
Fax Number: 1-800-520-5019
Contact Person: General Collections
E-Mail Address: correspondencesupport@bankofamerica.com
This is not a secure email address; privacy is limited. Accordingly, confidential information,
including account information and personallyidentifiableinformation should not be transmitted by this non-encryptedemail.If
you prefer to send confidential information via e-mail,please contact us at the telephonenumber above,and we will arrange for
an encrypted method of communication.
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 not 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.
2271910828
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Report last updated:03/12/2013 11:09 AM
Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region
2000 Linglestown Road 1514 Deny Street
Harrisburg,PA 17102 Harrisburg,PA 17104
888-511-2227 717-232-9757
Housing Alliance of York/Y Housing Resources Maranatha
290 West Market Street 43 Philadelphia Avenue
York,PA 17401 Waynesboro,PA 17268
717-855-2752 717-762-3285
PathStone Corporation PathStone Corporation
1625 North Front St 450 Cleveland Ave
Harrisburg,PA 17102 Chambersburg,PA 17201
717-234-6616 717-264-5913
PA Interfaith Community Programs Inc PHFA
40 E High Street 211 North Front Street
Gettysburg,PA 17325 Harrisburg,PA 17110
717-334-1518 717-780-3940 800-342-2397
2271910828
C3_3222_BRECDISC 15352 09/24/12
IMPORTANT DISCLOSURES
If you are currently in a bankruptcy proceeding, or have previously obtained a discharge of this debt under
applicable bankruptcy law, this notice is for information only and is not an attempt to collect the debt, a
demand for payment, or an attempt to impose personal liability for that debt. You are not obligated to
discuss your home loan with us or enter into a loan modification or other loan-assistance program. You
should consult with your bankruptcy attorney or other advisor about your legal rights and options.
Bank of America, N.A., the servicer of your home loan, is required by law to inform you that this
communication is from a debt collector.
There has been a payment default or other default on your loan that could result in acceleration of all sums
due under the Note. As a result, Bank of America, N.A. will use companies, including its affiliates LandSafe
Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc.,
LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc.,
ReconTrust Company, N.A., and LandSafe Appraisal Services, Inc., to provide services required to protect
the Noteholders interest and rights in the property and under the note and security instrument, including any
remedies thereunder (the "Default Related Services"). Bank of America, N.A. will assess fees to your loan
account for the Default Related Services, including those provided by its affiliates. A schedule of fees that
may be charged to your account for Default Related Services is available at the following web address:
http://www.bankofamerica.com/defaultfees. If you do not have internet access, please contact us at
1-800-669-6607, Monday through Thursday 8 a.m. - 11 p.m. Eastern, Friday 8 a.m. - 9 p.m. Eastern,
Saturday 9 a.m. - 3 p.m. Eastern, to have a fee schedule mailed to you. The fee schedule contains a
complete list of the default-related services you could be charged, but does not include a complete list of all
fees or charges that could be assessed on your loan account.
MILITARY PERSONNELJSERVICEMEMBERS: If you or your spouse is a member of the military, please
contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford
significant protections and benefits to eligible military service personnel, including protections from
foreclosure as well as interest rate relief. For additional information and to determine eligibility please
contact our Military Assistance Team toll free at 1-877-430-5434. If you are calling from outside the U.S.
please contact us at 1-817-685-6491.
2271910828
DIVULGACIONES IMPORTANTES
Si usted se encuentra actualmente en un procedimiento de quiebra, o ha obtenido previamente una
exoneraciOn de esta deuda bajo la ley aplicable sobre quiebra, este no es un intento de recaudacion, una
demanda de pago o un intento de imponer una responsabilidad personal por esa deuda. Usted no este
obligado(a) a hablar de su prestamo para vivienda con nosotros ni a participar en un programa de
modificaciOn de prestamos u otro programa de asistencia para prestamos. Usted debe consultar con su
abogado especializado en quiebras u otro asesor acerca de sus opciones y derechos legates.
Bank of America, N.A., el administrador de su prestamo para vivienda esta obligado por ley a informarle a
usted que esta comunicacion proviene de un cobrador de deudas.
Ha ocurrido un incumplimiento de pago u otro tipo de incumplimiento con su prestamo que podria resultar en
la aceleraciOn de todas las cantidades adeudadas bajo el Pagare. Como resultado, Bank of America N.A.
utilizara companias, incluyendo sus afiliados LandSafe Default, Inc., LandSafe Services, LLC., LandSafe
Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe
Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, NA, y Landsafe Appraisal
Services, Inc., para proporcionar servicios necesarios para proteger los intereses del Titular en la propiedad
y sus derechos bajo el instrumento de seguridad y el pagare, incluyendo cualquiera de sus recursos (los
"Servicios relacionados a un incumplimiento"). Bank of America, N.A. aplicara cargos a la cuenta de su
prestamo por los servicios relacionados a un incumplimiento, incluyendo los servicios proporcionados por
sus afiliados. Una lista de los cargos que podrian cobrarse a su cuenta por servicios relacionados a un
incumplimiento esta disponible en el sitio de Internet: [http://www.bankofamerica.com/defaultfees1. Si usted
no tiene acceso a internet, por favor comuniquese con nosotros al 1-800-669-6607 de tunes a jueves de 8 a.
m. a 11 p. m. hora del este, viernes de 8 a. m. a 9 p. m. hora del este, sabados de 9 a. m. a 3 p. m. hora del
este. para pedir que se le envie una lista de cargos por correo. La lista de cargos contiene una lista
completa de los servicios relacionados por incumplimiento que le podian cobrar, pero no incluye una lista
completa de todos los costos y cargos que podrian ser aplicados a la cuenta de su prestamo.
PERSONAL MILITAR/ MIEMBROS DE LAS FUERZAS ARMADAS: Si usted o su cOnyuge es un miembro
del servicio militar, por favor comuniquese con nosotros inmediatamente. La Ley federal de Ayuda Civil
para Miembros de las Fuerzas Armadas y las!eyes estatales comparables otorgan protecciones y beneficios
significativos al personal del servicio militar que califique, induidas protecciones contra la ejecucion
hipotecaria asi Como tambien ayuda en la tasa de interes. Para obtener mas informaciOn y determinar su
calificacion por favor Ilame sin costo a nuestro Equipo de Asistencia para el Servido Militar al
1-877-430-5434. Si usted llama desde fuera de los Estados Unidos por favor comuniquese con nosotros al
1-817-685-6491.
2271910828
C3_5088 OPTAVDFC 15319 09/24/2012
Options are Available to Help You
Avoid Foreclosure
Call the number on the enclosed notice to learn more.
When you call, please have your income and expense information available
so we can discuss which option(s)could work for you.
Options to consider if your goal is to stay in your home
Home Affordable A federal government program that allows you to repay the loan on newly agreed upon terms,
Modification which may include lowering the interest rate, placing past due amounts at the end of the loan,
Program(HAMP) and/or extending the term of the loan. You may be eligible for this program if you meet the
following requirements:
• The amount you owe on the first mortgage is equal to or less than$729,750 for a
single-family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or
$1,403,400 for a 4 unit property
• You have documented a financial hardship and represented that you do not have sufficient
liquid assets to make the monthly mortgage payments.
• Your mortgage was obtained before Jan. 1,2009.
• The property securing the mortgage loan has not been condemned or is not in such poor
physical condition that it is not habitable even if not condemned
• The mortgage is secured by a one to four unit property
Loan If you can bring your loan payments up to date,we will accept the funds needed to bring the
Reinstatement loan up to date until the day of your foreclosure sale.
Repayment Plan A repayment plan allows you to make your regularly scheduled mortgage payments, plus pay
off a portion of the past due amounts over time. This may include principal, interest,fees,
and/or costs assessed to your loan.
Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments
Forbearance for a period of time,to allow you to re-establish your ability to make the required payments.
Agreement
Loan Modification A loan modification is a change to the original terms of your loan. Loan modifications could
(non-HAMP) include lowering your interest rate,extending the term or maturity date of the loan, moving
from an adjustable to a fixed-rate loan, deferring some portion of the unpaid principal balance
to the end of the loan, and/or forgiving some portion of the unpaid principal balance.
Partial Claim(FHA If you have a Federal Housing Administration (FHA)loan and your payments are past due but
loans only) you are now able to make your regular monthly mortgage payment,this program is designed to
bring your loan up to date by creating a second mortgage/lien on your property for the amount
that is past due.
Options to consider if you cannot or do not wish to stay in your home
�::i:��:�:i:�`::�:�: �:�:::,:_is-:•:i::i:::-::: i:::::::•:::is i\i`::i::�:::::�::.:�::•:::•:�::i:::�i
Home Affordable Designed to help borrowers who are eligible for the Home Affordable Modification Program
Foreclosure (HAMP) but were unsuccessful in securing a permanent modification through the program.
Alternatives HAFA provides the option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A
Program(HAFA) short sale is a transaction in which you sell your property for less than the total amount owed
on the loan(subject to agreement by your servicer/lender/investor), resulting in the release of
our lien on your home and avoidance of foreclosure.A deed in lieu of foreclosure is a
transaction in which you agree to voluntarily transfer ownership of your property to us in order
to avoid foreclosure.
Short Sale/ If you can no longer afford to make your mortgage payments and your home is worth less than
Pre-foreclosure you owe,a short sale may allow you to sell your home to pay off the mortgage. In a short sale,
Sale(non-HAFA) the lender agrees to accept an amount less than what is actually owed on the loan.Offered to
borrowers who are not eligible for HAMP or other home retention alternatives.
Deed in Lieu of Used as an alternative to foreclosure,with a deed in lieu of foreclosure, you transfer ownership
Foreclosure of your house and all property secured by your mortgage loan. This may satisfy the total
(non-HAFA) amount due on that mortgage.Offered to borrowers not eligible for HAMP or other home
retention alternatives, and who were not able to sell the property through a short sale.
We are here to help you. Please call us today.
2271910828
Hay opciones disponibles para ayudarle a
Evitar Ia Ejecucion Hipotecaria
Llame at numero que aparece en Ia notificacion adjunta para obtener ma's
information
Cuando llama, por favor tenga a Ia mano Ia informacion de sus ingresos y gastos para que podamos
discutir cuales opciones podrian funcionar para usted.
Opciones a considerar si su objetivo es permanecer en su casa
........................................................................................................................................................................................................................................
. ......................................... ...............................................................................................................................................................................................
p..
Home Affordable Es un programa del gobierno federal que le permite pagar el prestamo bajo los nuevos
Modification terminos acordados,que pueden incluir la reduccion de Ia tasa de inheres, agregar
Program(HAMP) cantidades vencidas al final del prestamo, y/o extender el plazo del prestamo. Usted
puede calificar para este programa si cumple con los siguientes requisitos:
• La cantidad que usted adeuda de su primera hipoteca es igual o menor que $729,750
dolares para una vivienda unifamiliar, $934,200 dolares para una propiedad de 2
unidades,$1,129,250 dolares para una propiedad de 3 unidades o$1,403,400 para
una propiedad de 4 unidades
• Usted ha documentado que atraviesa por una dificultad financiera y declarado que no
tiene suficiente liquidez para hacer los pagos mensuales de Ia hipoteca.
• Obtuvo su hipoteca antes del 1 de enero de 2009.
• La propiedad que garantiza el prestamo hipotecario no ha sido condenada o no esta en
malas condiciones fisicas como para no poder habitarse incluso si no este condenada.
• La hipoteca este garantizada por una propiedad de una a cuatro unidades.
Restablecimient Si usted puede poner al dia los pagos de su prestamo,aceptaremos los fondos necesarios
o del Prestamo para que el prestamo este al dia hasta Ia fecha de la yenta por ejecucion hipotecaria.
Plan de Pago Un plan de pago le permite a usted hacer sus pagos hipotecarios regulares, ademas de
pagar una porcion de los montos vencidos a traves del tiempo. Esto puede incluir capital,
interes,cargos o costos aplicados a su prestamo.
Acuerdo Es un acuerdo en el cual aceptamos no proceder con la ejecucion hipotecaria y/o el cobro
Temporal de de los pagos por un periodo de tiempo, para permitirle que restablezca su habilidad de
Tolerancia por hacer los pagos requeridos.
incumplimiento
Modificacion de Una modificacion del prestamo es un cambio en los terminos originales de su prestamo,
Prestamo Las modificaciones podrian incluir reducir su tasa de interes, extender el termino o la fecha
(no por medio de pago del prestamo, cambiar de un prestamo de tasa de interes ajustable a uno de tasa
de HAMP) de inheres fija, diferir una parte del saldo del capital impagado al final del prestamo, y/o
condonar una parte del saldo de capital impagado.
Reclamo Parcial Si usted tiene un prestamo de la AdministraciOn Federal de Vivienda(FHA)y sus pagos
(solamente estan vencidos, pero ahora puede hacer sus pagos regulares mensuales de Ia hipoteca,
prestamos de Ia este programa este disePado para que su prestamo este al dia mediante Ia creaciOn de
FHA) una segunda hipoteca/gravamen sobre su propiedad por el monto que este vencido.
2271910828
Opciones a considerar si no puede o no desea quedarse en su casa
Home Affordable Disenado para ayudar a los prestatarios que califican para el Programa de Home
Foreclosure Affordable Modification (HAMP), pero no consiguieron obtener una modificacibn
Alternatives permanente a traves del programa. HAFA ofrece la posibilidad de una yenta en
Program(HAFA) descubierto y, si no tiene exito, una escritura de traspaso voluntario de propiedad en lugar
de la ejecucion hipotecaria. Una yenta en descubierto es una transacciOn en la que usted
vende su propiedad por menos de la cantidad adeudada en el prestamo (sujeto a previo
acuerdo de su administrador/prestamista/inversionista), resultando en la liberacion de
nuestro derecho de retencion sobre su propiedad y evitar la ejecucion hipotecaria. Una
escritura de traspaso voluntario de propiedad en lugar de la ejecuciOn hipotecaria es una
transacciOn en la que usted esta de acuerdo de transferir voluntariamente las escrituras de
su propiedad a nosotros con el fin de evitar la ejecuciOn hipotecaria.
Venta en Si usted ya no puede hacer sus pagos hipotecarios y su vivienda vale menos de lo que
descubierto/ usted adeuda, una yenta en descubierto le podria permitir vender su vivienda para pagar
Venta previa a la la hipoteca. En una yenta en descubierto, el prestamista acepta recibir una monto menor
ejecucion de lo que actualmente se adeuda en el prestamo. Se ofrece a los prestatarios que no
hipotecaria(no por califican para HAMP o para otras alternativas de retenciOn de la vivienda.
medio de HAFA)
Escritura de Se usa come una alternativa de la ejecucion hipotecaria. Con una escritura de traspaso
traspaso de voluntario de propiedad en lugar de la ejecuciOn hipotecaria, usted transfiere la titularidad
propiedad en lugar de su vivienda y toda la propiedad que garantiza su prestamo hipotecario. Esto puede
de la ejecucion hacer que el month total vencido de esa hipoteca se considere como pagado. Se ofrece a
hipotecaria(no por prestatarios que no califican para HAMP u otras opciones de retencion de vivienda, y que
medio de HAFA) no pudieron vender la propiedad a traves de una yenta en descubierto.
Estamos aqui para ayudarle. Por favor Ilamenos hoy.
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April 12, 2013
Certified Mail:
71% 9006 9296 6546 0207
JOHN W KICHMAN Return Receipt Requested
260 N.enola Dr First Floor
Enola, PA 17025-8513
ACT 91 NOTICE
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 EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may
be able to help to save your home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING
AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you
when you meet with the Counseling Agency.
The names,addresses 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 1-717-780-1869).
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 INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA
HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE 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.
pi.
7196 9006 9296 6546 0207
HOMEOWNER'S NAME(S): JOHN W KICHMAN,JR
PROPERTY ADDRESS: 219 Clay St.
Enola, PA 17025
LOAN ACCT. NO.:
ORIGINAL LENDER: COUNTRYWIDE HOME LOANS, INC
CURRENT LENDER/SERVICER: Bank of America, N.A.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE
WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND
HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983(THE"ACT"),YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,
AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING
FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your
mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). 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 THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. 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.) 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA
and received with thirty(30)days of your face-to-face meeting with the counseling agency.
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.
AGENCY ACTION-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:
219 Clay St. Enola, PA 17025
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 Charges: 08/01/2009 - 07/31/2012 @ $574.80 $20,692.80
08/01/2012 - 04/30/2013 @ $567.20 $5,104.80
Late Charges:
06/01/2012 - 02/28/2013 @ $21.69 $195.21
Other Charges: Additional Uncollected Late Charges: $107.85
Uncollected Costs: $465.89
Partial Payment Balance: ($342.80)
TOTAL AMOUNT PAST DUE: $26,223.75
HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $26,223.75, PLUS ANY MORTGAGE
PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments
must be made either by cash,cashier's check,certified check or money order made payable and sent to:
Bank of America, N.A.at P.O.Box 15222 Wilmington, DE 19886-5222
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 property.
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 attorneys'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) DAY periods
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 Sheriff's Sale. You may do so by paving 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
K i 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 Sheriff's Sale of the
mortgage property could be held would be approximately six(6) months from the date of this Notice. A notice of
the actual date of the Sheriff's Sale 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: Bank of America,N.A.
Address: PO Box 5170 Simi Valley,CA 93062-5170
Phone Number: 800-669-6654
Fax Number: 1-800-520-5019
Contact Person: General Collections
E-Mail Address: correspondencesupport@bankofamerica.com
This is not a secure email address; privacy is limited. Accordingly, confidential information,
induding account information and personallyidentifrableinformationshould not be transmitted by this non-encryptedemail.If
you prefer to send confidential informationvia e-mail,please contact us at the telephonenumber above,and we will arrangefor
an encrypted method of communication.
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the 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 not 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.
7196 9006 9296 6546 0207
HEMAP Consumer Credit Counseling Agencies
CUMBERLAND County
Report last updated:03/12/2013 11.09 AM
Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region
2000 Linglestown Road 1514 Deny Street
Harrisburg,PA 17102 Harrisburg,PA 17104
888-511-2227 717-232-9757
Housing Alliance of York/Y Housing Resources Maranatha
290 West Market Street 43 Philadelphia Avenue
York,PA 17401 Waynesboro,PA 17268
717-855-2752 717-762-3285
PathStone Corporation PathStone Corporation
1625 North Front St 450 Cleveland Ave
Harrisburg,PA 17102 Chambersburg,PA 17201
717-234-6616 717-264-5913
PA Interfaith Community Programs Inc PHFA
40 E High Street 211 North Front Street
Gettysburg,PA 17325 Harrisburg,PA 17110
717-334-1518 717-780-3940 800-342-2397
•WLL
Al 1_
7196 9006 9296 6546 0207
C3_3222_BRECDISC 15352 09/24/12
IMPORTANT DISCLOSURES
If you are currently in a bankruptcy proceeding, or have previously obtained a discharge of this debt under
applicable bankruptcy law, this notice is for information only and is not an attempt to collect the debt, a
demand for payment, or an attempt to impose personal liability for that debt. You are not obligated to
discuss your home loan with us or enter into a loan modification or other loan-assistance program. You
should consult with your bankruptcy attorney or other advisor about your legal rights and options.
Bank of America, N.A., the servicer of your home loan, is required by law to inform you that this
communication is from a debt collector.
There has been a payment default or other default on your loan that could result in acceleration of all sums
due under the Note. As a result, Bank of America, N.A. will use companies, including its affiliates LandSafe
Default, Inc., LandSafe Services, LLC., LandSafe Title of California, Inc., LandSafe Title of Washington, Inc.,
LandSafe Title of Florida, Inc., LandSafe Services of Alabama, Inc., LandSafe Title of Texas, Inc.,
ReconTrust Company, N.A., and LandSafe Appraisal Services, Inc., to provide services required to protect
the Noteholder's interest and rights in the property and under the note and security instrument, including any
remedies thereunder (the "Default Related Services"). Bank of America, N.A. will assess fees to your loan
account for the Default Related Services, including those provided by its affiliates. A schedule of fees that
may be charged to your account for Default Related Services is available at the following web address:
http://www.bankofamerica.com/defaultfees. If you do not have internet access, please contact us at
1-800-669-6607, Monday through Thursday 8 a.m. - 11 p.m. Eastern, Friday 8 a.m. - 9 p.m. Eastern,
Saturday 9 a.m. - 3 p.m. Eastern, to have a fee schedule mailed to you. The fee schedule contains a
complete list of the default-related services you could be charged, but does not include a complete list of all
fees or charges that could be assessed on your loan account.
MILITARY PERSONNELISERVICEMEMBERS: If you or your spouse is a member of the military, please
contact us immediately. The federal Servicemembers Civil Relief Act and comparable state laws afford
significant protections and benefits to eligible military service personnel, including protections from
foreclosure as well as interest rate relief. For additional information and to determine eligibility please
contact our Military Assistance Team toll free at 1-877-430-5434. If you are calling from outside the U.S.
please contact us at 1-817-685-6491.
.wLL
7196 9006 9296 6546 0207
DIVULGAC JONES IMPORTANTES
Si usted se encuentra actualmente en un procedimiento de quiebra, o ha obtenido previamente una
exoneraciOn de esta deuda bajo Ia ley aplicable sobre quiebra, este no es un intento de recaudacion, una
demanda de pago o un intento de imponer una responsabilidad personal por esa deuda. Usted no esta
obligado(a) a hablar de su prestamo para vivienda con nosotros ni a participar en un programa de
modificaciOn de prestamos u otro programa de asistencia para prestamos. Usted debe consultar con su
abogado especializado en quiebras u otro asesor acerca de sus opciones y derechos legales.
Bank of America, N.A., el administrador de su prestamo para vivienda esta obligado por ley a informarle a
usted que esta comunicacion proviene de un cobrador de deudas.
Ha ocurrido un incumplimiento de pago u otro tipo de incumplimiento con su prestamo que podria resultar en
la aceleraciOn de todas las cantidades adeudadas bajo el Pagare. Como resultado, Bank of America N.A.
utilizara companias, incluyendo sus afiliados LandSafe Default, Inc., LandSafe Services, LLC., LandSafe
Title of California, Inc., LandSafe Title of Washington, Inc., LandSafe Title of Florida, Inc., LandSafe
Services of Alabama, Inc., LandSafe Title of Texas, Inc., ReconTrust Company, NA, y Landsafe Appraisal
Services, Inc., para proporcionar servicios necesarios para proteger los intereses del Titular en la propiedad
y sus derechos bajo el instrumento de seguridad y el pagare, incluyendo cualquiera de sus recursos (los
"Servicios relacionados a un incumplimiento"). Bank of America, N.A. aplicara cargos a la cuenta de su
prestamo por los servicios relacionados a un incumplimiento, incluyendo los servicios proporcionados por
sus afiliados. Una lista de los cargos que podrian cobrarse a su cuenta por servicios relacionados a un
incumplimiento esta disponible en el sitio de Internet: [http:llwww.bankofamerica.comldefaultfees]. Si usted
no tiene acceso a Internet, por favor comuniquese con nosotros al 1-800-669-6607 de lunes a jueves de 8 a.
m. a 11 p. m. hora del este, viernes de 8 a. m. a 9 p. m. hora del este, sabados de 9 a. m. a 3 p. m. hora del
este. para pedir que se le envie una lista de cargos por correo. La lista de cargos contiene una lista
completa de los servicios relacionados por incumplimiento que le podian cobrar, pero no incluye una lista
completa de todos los costos y cargos que podrian ser aplicados a la cuenta de su prestamo.
PERSONAL MILITARI MIEMBROS DE LAS FUERZAS ARMADAS: Si usted o su conyuge es un miembro
del servicio militar, por favor comuniquese con nosotros inmediatamente. La Ley federal de Ayuda Civil
para Miembros de las Fuerzas Armadas y las !eyes estatales comparables otorgan protecciones y beneficios
significativos al personal del servicio militar que califigue, incluidas protecciones contra Ia ejecuciOn
hipotecaria asi Como tambien ayuda en la tasa de interes. Para obtener mas informacion y determinar su
calificaciOn por favor Ilame sin costo a nuestro Equipo de Asistencia para el Servicio Militar al
1-877-430-5434. Si usted llama desde fuera de los Estados Unidos por favor comuniquese con nosotros al
1-817-685-6491.
7196 9006 9296 6546 0207
C3_5088 OPTAVDFC 15319 09/24/2012
Options are Available to Help You
Avoid Foreclosure
Call the number on the enclosed notice to learn more.
When you call, please have your income and expense information available
so we can discuss which option(s)could work for you.
Options to consider if your goal is to stay in your home
Home Affordable A federal government program that allows you to repay the loan on newly agreed upon terms,
Modification which may include lowering the interest rate, placing past due amounts at the end of the loan,
Program(HAMP) and/or extending the term of the loan. You may be eligible for this program if you meet the
following requirements:
• The amount you owe on the first mortgage is equal to or less than$729,750 for a
single-family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or
$1,403,400 for a 4 unit property
• You have documented a financial hardship and represented that you do not have sufficient
liquid assets to make the monthly mortgage payments.
• Your mortgage was obtained before Jan. 1, 2009.
• The property securing the mortgage loan has not been condemned or is not in such poor
physical condition that it is not habitable even if not condemned
• The mortgage is secured by a one to four unit property
Loan If you can bring your loan payments up to date,we will accept the funds needed to bring the
Reinstatement loan up to date until the day of your foreclosure sale.
Repayment Plan A repayment plan allows you to make your regularly scheduled mortgage payments, plus pay
off a portion of the past due amounts over time. This may include principal, interest,fees,
and/or costs assessed to your loan.
Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments
Forbearance for a period of time,to allow you to re-establish your ability to make the required payments.
Agreement
Loan Modification A loan modification is a change to the original terms of your loan. Loan modifications could
(non-HAMP) include lowering your interest rate,extending the term or maturity date of the loan, moving
from an adjustable to a fixed-rate loan, deferring some portion of the unpaid principal balance
to the end of the loan, and/or forgiving some portion of the unpaid principal balance.
Partial Claim(FHA If you have a Federal Housing Administration (FHA) loan and your payments are past due but
loans only) you are now able to make your regular monthly mortgage payment,this program is designed to
bring your loan up to date by creating a second mortgage/lien on your property for the amount
that is past due.
Options to consider if you cannot or do not wish to stay in your home
Home Affordable Designed to help borrowers who are eligible for the Home Affordable Modification Program
Foreclosure (HAMP) but were unsuccessful in securing a permanent modification through the program.
Alternatives HAFA provides the option of a short sale and, if unsuccessful,a deed in lieu of foreclosure.A
Program(HAFA) short sale is a transaction in which you sell your property for less than the total amount owed
on the loan(subject to agreement by your servicer/lenderfnvestor), resulting in the release of
our lien on your home and avoidance of foreclosure.A deed in lieu of foreclosure is a
transaction in which you agree to voluntarily transfer ownership of your property to us in order
to avoid foreclosure.
Short Sale/ If you can no longer afford to make your mortgage payments and your home is worth less than
Pre-foreclosure you owe,a short sale may allow you to sell your home to pay off the mortgage. In a short sale,
Sale(non-HAFA) the lender agrees to accept an amount less than what is actually owed on the loan. Offered to
borrowers who are not eligible for HAMP or other home retention alternatives.
Deed in Lieu of Used as an alternative to foreclosure,with a deed in lieu of foreclosure, you transfer ownership
Foreclosure of your house and all property secured by your mortgage loan. This may satisfy the total
(non-HAFA) amount due on that mortgage.Offered to borrowers not eligible for HAMP or other home
r,Eatz: retention alternatives, and who were not able to sell the property through a short sale.
We are here to help you. Please call us today.
.Y
7196 9006 9296 6546 0207
Hay opciones disponibles para ayudarle a
Evitar 1a Ejecucibn Hipotecaria
Llame al numero que aparece en Ia notifitacion adjunta para obtener mas
informacion
Cuando(lame, por favor tenga a la mano Ia informacion de sus ingresos y gastos para que podamos
discutir cuales opciones podrian funcionar para usted.
Opciones a considerar si su objetivo es permanecer en su casa
.. : . ::.:..
................
Home Affordable Es un programa del gobierno federal que le permite pagar el prestamo bajo los nuevos
Modification terminos acordados,que pueden incluir Ia reducciOn de Ia tasa de interes, agregar
Program(HAMP) cantidades vencidas al final del prestamo, y/o extender el plazo del prestamo. Usted
puede calificar para este programa si cumple con los siguientes requisitos:
• La cantidad que usted adeuda de su primera hipoteca es igual o menor que $729,750
dolares para una vivienda unifamiliar,$934,200 dolares para una propiedad de 2
unidades,$1,129,250 dolares para una propiedad de 3 unidades o$1,403,400 para
una propiedad de 4 unidades
• Usted ha documentado que atraviesa por una dificultad financiera y declarado que no
tiene suficiente liquidez para hacer los pagos mensuales de Ia hipoteca.
• Obtuvo su hipoteca antes del 1 de enero de 2009.
• La propiedad que garantiza el prestamo hipotecario no ha sido condenada o no esta en
malas condiciones fisicas como para no poder habitarse incluso si no esta condenada.
• La hipoteca esta garantizada por una propiedad de una a cuatro unidades.
Restablecimient Si usted puede poner al dia los pagos de su prestamo,aceptaremos los Tondos necesarios
o del Prestamo para que el prestamo este al dia hasta la fecha de la yenta por ejecuciOn hipotecaria.
Plan de Pago Un plan de pago le permite a usted hacer sus pagos hipotecarios regulares, ademas de
pagar una porciOn de los montos vencidos a traves del tiempo. Esto puede incluir capital,
interes, cargos o costos aplicados a su prestamo.
Acuerdo Es un acuerdo en el cual aceptamos no proceder con Ia ejecuciOn hipotecaria y/o el cobro
Temporal de de los pagos por un periodo de tiempo, para permitirle que restablezca su habilidad de
Tolerancia por hacer los pagos requeridos.
incumplimiento
Modificacion de Una modificacion del prestamo es un cambio en los terminos originales de su prestamo,
Prestamo Las modificaciones podrian incluir reducir su tasa de interes, extender el termino o Ia fecha
(no por medio de pago del prestamo, cambiar de un prestamo de tasa de interes ajustable a uno de tasa
de HAMP) de interes fija,diferir una parte del saldo del capital impagado al final del prestamo, y/o
condonar una parte del saldo de capital impagado.
Reclamo Parcial Si usted tiene un prestamo de In Administracion Federal de Vivienda(FHA)y sus pagos
(solamente estan vencidos, pero ahora puede hacer sus pagos regulares mensuales de Ia hipoteca,
prestamos de In este programa esta disenado para que su prestamo este al dia mediante la creacion de
FHA) una segunda hipoteca/gravamen sobre su propiedad por el monto que esta vencido.
7196 9006 9296 6546 0207
Opciones a considerar si no puede o no desea quedarse en su casa
Home Affordable Diser ado para ayudar a los prestatarios que califican para el Programa de Home
Foreclosure Affordable Modification(HAMP), pero no consiguieron obtener una modificacion
Alternatives permanente a traves del programa. HAFA ofrece Ia posibilidad de una yenta en
Program(HAFA) descubierto y, si no tiene exito, una escritura de traspaso voluntario de propiedad en lugar
de la ejecuciOn hipotecaria. Una yenta en descubierto es una transacciOn en la que usted
vende su propiedad por menos de la cantidad adeudada en el prestamo (sujeto a previo
acuerdo de su administrador/prestamista/inversionista), resultando en la liberacion de
nuestro derecho de retencibn sobre su propiedad y evitar la ejecuciOn hipotecaria. Una
escritura de traspaso voluntario de propiedad en lugar de la ejecucion hipotecaria es una
transaccion en la que usted este de acuerdo de transferir voluntariamente las escrituras de
su propiedad a nosotros con el fin de evitar Ia ejecuciOn hipotecaria.
Venta en Si usted ya no puede hacer sus pagos hipotecarios y su vivienda vale menos de lo que
descubierto/ usted adeuda, una yenta en descubierto le podria permitir vender su vivienda para pagar
Venta previa a Ia la hipoteca. En una yenta en descubierto,el prestamista acepta recibir una monto menor
ejecucion de lo que actualmente se adeuda en el prestamo. Se ofrece a los prestatarios que no
hipotecaria(no por califican para HAMP o para otras alternativas de retencibn de la vivienda.
medio de HAFA)
Escritura de Se usa coma una alternativa de la ejecuciOn hipotecaria. Con una escritura de traspaso
traspaso de voluntario de propiedad en lugar de la ejecucion hipotecaria, usted transfiere Ia titularidad
propiedad en lugar de su vivienda y toda la propiedad que garantiza su prestamo hipotecario. Esto puede
de Ia ejecucion hacer que el monto total vencido de esa hipoteca se considere como pagado. Se ofrece a
hipotecaria(no por prestatarios que no califican para HAMP u otras opciones de retenciOn de vivienda,y que
medio de HAFA) no pudieron vender la propiedad a traves de una yenta en descubierto.
Estamos aqui para ayudarle. Por favor Ilamenos hoy.
1664 THE COURTS
FORM 1
BANK OF AMERICA,N.A.,successor by IN THE COURT OF COMMON PLEAS
merger to BAC Home Loans Servicing,LP fka CUMBERLAND COUNTY,
Countrywide Home Loans, Inc. PENNSYLVANIA
7105 Corporate Drive
Plano,TX 75024,
(.)D
•
& I
Plaintiff,
Vs. I .z*Y„' .-.}r-_
John W. Kichman,Jr. twf`
505 Sheck Drive
Newport,PA 17074,
Defendant
NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE
DIVERSION PROGRAM
You have been served with a foreclosure complaint that could cause you to lose your
home.
If you own and live in the residential property which is the subject of this foreclosure
action,you may be able to participate in a court-supervised conciliation conference in an effort to
resolve this matter with your lender.
If you do not have a lawyer,you must take the following steps to be eligible for a
conciliation conference.First,within twenty(20)days of your receipt of this notice,you must
contact MidPenn Legal Services at(717)243-9400 extension 2510 or(800)822-5288 extension
2510 and request appointment of a legal representative at no charge to you. once you have been
appointed a legal representative,you must promptly meet with that legal representative within
twenty(20)days of the appointment date. During that meeting,you must provide the legal
representative 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
PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012
MidPenn Legal Service for the appointment of a legal representative. However,you must
provide your lawyer with all requested financial information so that a loan resolution proposal
can be prepared on your behalf.If you and your lawyer complete a financial worksheet in the
format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference
with the Court,which must be filed with the Court within sixty(60)days of the service upon you
of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will
have an opportunity to meet with a representative of your lender in an attempt to work out
reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward.
IF YOU WISH TO SAVE YOUR HOME,YOU MUST ACT QUICKLY AND
TAKE THE STEPS REQUIRED BY THIS NOTICE.THIS PROGRAM IS FREE.
es!l ctfully .1■
mitted
Add
to 'obert W. Williams,Esquire
'lstead&Associates,LLC
20 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
856-482-7400
856-482-9190 (f)
PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012
THE COURTS 1665
FORM 2
Cumberland County Residential Mortgage Foreclosure Diversion Program
•
Financial Worksheet
Date
Cumberland County Court of Common Pleas Docket#
BORROWER REQUEST FOR HARDSHIP ASSISTANCE
To complete your request for hardship assistance,your lender must consider your circumstances
to determine possible options while working with your
Please provide the following information to the best of your knowledge:
CUSTOMER PRIMARY APPLICANT
Borrower name(s): •
Property Address:
City: State: Zip:
•
Is the property for sale? Yes❑No❑ Listing date: Price: $
Realtor Name: Realtor Phone:
Borrower Occupied? Yes❑No❑ •
Mailing Address(if different):
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other:
Email:
•
#of people in household: How long?
CO-BORROWER
Mailing Address:
City: State: Zip:
Phone Numbers: Home: Office:
Cell: Other. •
Email:
#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:
Loan Number:
Total Mortgage Payments Amount:$ Included Taxes&Insurance:
Date of Last Payment:
Primary Reason for Default:
Is the loan in Bankruptcy?Yes❑No El
45.27541
PENNSYLVANIA BULLETIN,VOL 42,NO.13,MARCH 31,2012
•
1666 THE COURTS
If yes,provide names,location of court,case number&attorney:
Assets Amount Owed: Value:
Home: $ $
Other Real Estate:
Retirement Funds: $ $
Investments: $ $
Checking: $ $
Savings: $ $ •
Other: $ $
Automobile#1:Model: Year:
Amount Owed: Value:
Automobile#2:Model: Year:
Amount Owed: Value:
Other transportation(automobiles,boats,motorcycles): Model:
Year: Amount Owed: Value
Monthly Income
Name of Employees:
1.
2.
3.
Additional Income Description(not wages):
1. monthly amount:
2. monthly amount:
Borrower Pay Days: Co-Borrower Pay Days:
Monthly Expenses:(Please only include expenses you are currently paying)
EXPENSE AMOUNT EXPENSE AMOUNT
Mortgage Food
2 11d Mortgage Utilities
Car Payment(s) Condo/Neigh.Fees •
Auto Insurance Med.(not covered)
Auto fuel/repairs Other prop.payment
Install.Loan Payments— - - --- _ -- Cable TV-- _
Child Support/Alim. Spending Money
Day/Child Care/Tuit. Other Expenses
Amount Available for Monthly Mortgage Payments Based on Income&Expenses:
Have you been working with a Housing Counseling Agency?
Yes No
If yes,please provide the following information:
Counseling Agency:
Counselor:
Phone(Office): Fax:
45.27541 2
PENNSYLVANIA BULLETIN,VOL.42,NO.13,MARCH 31,2012
1�.
•
THE COURTS 1667
Email:
Have you made application for Homeowners Emergency Mortgage Assistance Program(HEMAP)assistance?
Yes ❑ No ❑
If yes,please indicate the status of the application:
Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your
delinquency?
Yes ❑ No El
If yes,please indicate the status of those negotiations:
Please provide the following information,if know,regarding your lender or lender's loan servicing company:
Lender's Contact(Name): Phone:
Servicing Company(Name):
Contact: Phone:
AUTHORIZATION
I/We, ,authorize the above
named to use/refer this information to my lender/servicer for the sole purpose of
evaluating my financial situation for possible mortgage options.I/We understand that I/we am/are under no
obligation to use the services provided by the above named
Borrower Signature Date
Co-Borrower Signature Date
Please forward this document along with the following information to lender and lender's counsel:
✓ Proof of income
✓ Past 2 bank statements
✓ Proof of any expected income for the last 45 days
✓ Copy of a current utility bill
✓ Letter explaining reason for delinquency and any
supporting documentation(hardship letter)
✓ Listing agreement(if property is currently on the
market)
M
Bank of America, N.A., successor by : IN THE COURT OF COMMON PLEAS OF
Merger to BAC Home Loans servicing, LP: CUMBERLAND COUNTY, PENNSYLVANIA
fka Countrywide Home Loans, Inc.
7105 Corporate Drive
Plano, TX 75024
Plaintiff, No: 13-6877 Civil 211 Z-"-,
s
t
Vs. s
John W Kichman Jr.
F "Y C
rO
260 North Enola Drive - = =
Enola Pa 17025
Defendant
NOTICE OF APPEARANCE
Please enter my appearance in the above-designated matter.
John W Kichman
260 North Enola Drive
Enola, Pa 17025
y
Bank of America, N.A., successor by : IN THE COURT OF COMMON PLEAS OF
Merger to BAC Home Loans servicing, LP: CUMBERLAND COUNTY, PENNSYLVANIA
fka Countrywide Home Loans, Inc.
7105 Corporate Drive
Plano, TX 75024
Plaintiff, No: 13-6877 Civil �.
US
" t c
cn �, c n
John W Kichman Jr.
260 North Enola Drive
Enola Pa 17025
Defendant
Defendant John W. Kichman Answers
And new Matter on Complaint filed
Defendant John W Kichman, Pro se hereby files an Answer and new
Matter to Plaintiffs complaint.
1. ADMITTED
2. ADMITTED
3. DENIED Defendant resides at 260 North Enola Drive Enola Pa
17025 and Plaintiff was fully aware of defendant's address of
prior foreclosure filed NO.09-4193 Civil Term Exhibit A
4. ADMITTED.
5. ADMITTED.
6. ADDMITTED
7. ADDMITTED.
8. ADDMITTED.
9. ADDMITTED
10. ADDMITTED
NEW MATTER
11. Civil action Of foreclosure has already been filed by plaintiff
NO: 09-4193 Civil Term
12. Summary Judgment has already been denied to plaintiff
June 4, 2012 see exhibit A.
13. Plaintiff has two Civil Law suits concerning same said
Mortgage 09-4193/13-6877.
14. Plaintiff had in possession funds to bring this mortgage
current and filed foreclosure while in grace period.
15. This complaint is designed to go around the legal
proceedings of the first civil suit 09-4193.
16. Plaintiffs must commence first civil suite 09-4193.
17. Plaintiff has no legal right to have two civil action concerning
same mortgage.
WHEREFORE, Defendants demands judgment against Plaintiff and
Dismissal of the Complaint with Prejudice.
/>
John W. Kichman Pro se
260 N Enola Drive
Enola Pa 17025
CERTIFICATE OF SERVICE
I hereby certify that on this date I caused a true and correct copy of
Notice of appearance, Answers and New Matter Complaint filed to be
served upon the following via United parcel Service:
Milstead & Associates,LLC
BY: Robert W. Williams, Esquire
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
December 04, 2013
John W. Kichman Pro se
260 N Enola Drive
Enola Pa 17025
BANK OF AMERICA,N.A., : IN TIIE COURT OF COMMON PLEAS OF
as Successor by Merger to : CUMBERLAND COUNTY, PENNSYLVANIA
BAC Home Loans Servicing,
LP f/k/a Countrywide Home
Loans Servicing LP,
Plaintiff
V. CIVIL ACTION—LAW
JOHN W. KICWvIAN, JR., :
Defendant NO. 09-4193 CIVIL TERM
IN RE: PLAINTJ"F'S MOTION FOR SUMMARY JUDGMENT
BEFORE HESS, P.J., and PECK,J.
ORDER OF COURT
AND NOW, this 4h day of June, 2012, upon consideration of Plaintiff's Motion
for Summary Judgment, and following oral argument held on June 1, 2012, Plaintiff's
Motion for Summary Judgment is denied.
BY THE COURT,
ChristyW L. Peck, J. '
Nathan C. Wolf, Esq.
10 West High Street
Carlisle, PA 17013 =�
Attorney for Plaintiff
Jphn' . Kichman, Jr.
260 North Enola Drive
.� Enola, PA 17025
Defendant, pro Se
E 6i'
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson c THE: 7 f; R Y
Sheriff or et Cifkrrtrr{ ��3 " } PM Jody S Smith
Chief Deputy
" t ., CUMBERLAND COUNTY
Richard W Stewart PENNSYLVANIA
or iCE OFTRE$ WRIrr
Bank of America NA Case Number
vs. 2013-6877
John Kichman
SHERIFF'S RETURN OF SERVICE
11/20/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry
for the within named Defendant to wit: John Kichman, 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.
11/22/2013 11:12 AM - Deputy Ronald Hoover, 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 Angela Green, tenant, who accepted as
"Occupant" at 219 Clay Street, East Pennsboro/W. Fairview, Enola, PA 17025.
RONALD HOOVER, DEPUTY
11/22/2013 11:20 AM- Deputy Ronald Hoover, 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 to be the Defendant, to wit: John
Kichman at 260 North Enola Drive, Enola, PA 17025.
RONALD HOOVER, PU Y
11/27/2013 The requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in
Mortgage Foreclosure returned by the Sheriff of Perry County, the within named Defendant John
Kichman, not found. Carl E. Nace, Sheriff, Return of Service attached to and made part of the within
record.
SHERIFF COST: $90.90 SO ANSWERS,
November 27, 2013 RONO R ANDERSON, SHERIFF
c)CountySuite Sheriff,Teieosoft,In,,.
SHERIFF'S RETURN
In the Court of Common Pleas
Of the 41st Judicial District
of Pennsylvania-
Perry County Branch
No.: 2013-6877 Cumberland County
Bank of America NA
VS
John W.Kichman,Jr.
505 Sheck Dr.
Newport,PA 17074
Carl E. Nace, Sheriff, who being duly sworn according to law, says that he made a
diligent search and inquiry for the within named Defendant(s)to wit John W.Kichman,
Jr.,but was unable to locate him/her in his bailiwick. He therefore returns the within
Complaint in Mortgage Foreclosure for the above named Defendant(s) John W.
Kichman,Jr.at 505 Sheck Dr Newport,PA 17074.NOT FOUND. DEFENDANT
MOVED TO 260 N. ENOLA DR. ENOLA,PA 17025. MOTHER IS NANCY AND
HER PHONE#IS 717-732-2716.
Sincerely,
Carl E. Nace
Sworn and subscribed to before me Sheriff of Perry County
this day of /U 01/•Z iJq, O 13.
7nalida,e/Y-
61-fl
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARGARET F.FLICKINGER,Notary Public
Bloomfield Bora,Perry County
My Commission Expires February 16,2016
ut
MILSTEAD & ASSOCIATES, LLC i . 'ilE or 1TN 01 {#
BY: Patrick J. Wesner, Esquire 701 -2 rQ
ID No. 203145 Q
220 Lake Drive East, Suite 301 CUMBERLAND COUNTY
Cherry Hill,NJ 08002 PENNSYLVANIA
(856)482-1400 Attorney for Plaintiff
File: 45.27541
BANK OF AMERICA, N.A., successor by COURT OF COMMON PLEAS
merger to BAC Home Loans Servicing, LP CUMBERLAND COUNTY
fka Countrywide Home Loans, Inc.,
Plaintiff,
No.: 2013-06877
Vs.
John W. Kichman,Jr.,
Defendant.
PLAINTIFF'S REPLY TO NEW MATTER
NOW COMES Plaintiff, BANK OF AMERICA,N.A., successor by merger to BAC
Home Loans Servicing, LP fka Countrywide Home Loans, Inc. ("Plaintiff') and responds to the
new matter of Defendant, John W. Kichman,Jr. ("Defendant") as follows:
11. Admitted.
12. Admitted.
13. Denied. By way of further response, Plaintiff has only one current action
concerning said mortgage. It is docketed at Cumberland CCP# 2013-06877.
14. Plaintiff is without sufficient information to admit or deny and therefore denies
same and leave Defendant to his proofs. By way of further reply, Defendant has not brought his
account current to date.
15. Denied as a conclusion of law to which a response is not required.
16. Denied.
17. Denied that Plaintiff has two civil actions concerning this mortgage.
«Client_IDICMSYSTEMICMCLIENT:Client_ID»
WHEREFORE, Plaintiff, BANK OF AMERICA,N.A., successor by merger to BAC
Home Loans Servicing, LP fka Countrywide Home Loans, Inc. respectfully requests an order
dismissing the New Matter of the answering Defendant, John W. Kichman,Jr.
MILSTEAD &ASSOCIATES, LLC
Patrick . 7T esner, sq e
Attorney for Plaintiff
«Client_IDICMSYSTEMICMCLIENT:Client_ID>>
VERIFICATION
I, Patrick J. Wesner, Esquire, hereby certify that I am the attorney for BANK OF
AMERICA,N.A., successor by merger to BAC Home Loans Servicing, LP fka Countrywide
Home Loans, Inc., as Trustee, the plaintiff herein, and I am authorized to make this verification
on plaintiff's behalf. I verify that the facts and statements set forth in the forgoing answer to
New Matter are true and correct to the best of my knowledge, information and belief. This
verification is made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn
falsification to authorities.
Patric . - er, squire l itle: Attorney for
BANK OF AMERICA,N ., s/�ccessor by merger
to BAC Home Loans Se icing, LP fka
Countrywide Home Lo. 5,Inc.
«Client_IDICMSYSTEMICMCLIENT:Client ID»
MILSTEAD & ASSOCIATES, LLC
BY: Patrick J. Wesner, Esquire
ID No. 203145
220 Lake Drive East, Suite 301
Cherry Hill,NJ 08002
(856) 482-1400 Attorney for Plaintiff
File: 45.27541
BANK OF AMERICA, N.A., successor by ' COURT OF COMMON PLEAS
merger to BAC Home Loans Servicing, LP CUMBERLAND COUNTY
fka Countrywide Home Loans,Inc.,
Plaintiff, No.: 2013-06877
Vs.
John W. Kichman,Jr.,
CIVIL ACTION MORTGAGE
Defendant. FORECLOSURE
CERTIFICATION OF SERVICE
I certify that on December 31, 2013, I caused to be delivered via United States first class
mail a true and correct copy of the Plaintiff's Answer to New Matter of Defendant, John W.
Kichman, Jr., to Defendant addressed as follows:
John W. Kichman, Jr.,
260 North Enola Drive
Enola, PA 17025
Pro Se Defendant
/
_3
Name: •atric . W-s er, , squire
Attorney for Plaint' f
«Client IDICMSYSTEMICMCLIENT:Client_ID»