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HomeMy WebLinkAbout05-1210 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ" Id. No, 32227 FRANCIS S, HALLINAN, ESQ" Id, No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ABN AMRO MORTGAGE GROUP, INC. 7159 CORKLAN DRNE JACKSONVILLE, FL 32258-4455 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS- -/;</6 C:J(.J~LY'CJL'J CUMBERLAND COUNTY v, MIA D. BRADLEY NKI A MIRIAM J DONNELL EDWIN JJ BRADLEY 614 SOUTH HANOVER STREET CARLISLE, P A 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 LA WYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 1] 3227 File #: 113227 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is ABN AMRO MORTGAGE GROUP, INe. 7159 CORKLAN DRIVE JACKSONVILLE, FL 32258-4455 2, The name(s) and last known addressees) of the Defendant(s) are: MIA D, BRADLEY AIKJ A MIRIAM J DONNELL EDWIN JJ BRADLEY 614 SOUTH HANOVER STREET CARLISLE, P A 17013 who islare the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 11/0412002 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1782, Page: 058, 4, The premises subject to said mortgage is described as attached, 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11101/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith, File #: 113227 6. The following amounts are due on the mortgage: Principal Balance Interest 10101/2004 through 03/07/2005 (Per Diem $18.86) Attorney's Fees Cumulative Late Charges 11104/2002 to 03/07/2005 Cost of Suit and Title Search Subtotal $117,165.32 2,979,88 1,225,00 141.96 $ 550.00 $ 122,062,16 Escrow Credit Deficit Subtotal 0.00 0,00 $ 0.00 TOTAL $ 122,062,16 7, The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale, If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8, Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency, 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000, WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 122,062.16, together with interest from 03/07/2005 at the rate of$18.86 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, PHELAN HALLINAN & ,SCHMIEG, LLf / _ ./ A ' ~. J: /~'----_.- By: IslFrancis S, Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 113227 D ';\, "" 'W'5(\l) ])~v,:: r, .:;, ~ ~ ~~;.~ ~", ,:::';: (' L':,~ "', ,_ 'l..l'l rJt C.::(""" , "triA -d", - ;~ liD C'~U"~ ", I,., '1, Y _. ':72lfiiJ 12 i'n 1 13' When recorded ..il tOI ABJI AMRO MOR'rGll.GB GROUP, IBC. P.O. BOX 506' TRor, MICHIGAR 48084 A'rTII.l"IBAL/'1'RAlLIBG DOCIIMIlIITS ~~, c:;.'.. 629353'43) -- ----- (Space AIto'fie Tbb. LIne For Rrconllne Dabl MORTGAGE DEFINITIONS, Words used in multiple sections of thisdOCUIllel\t are defined below and other words are ddined in Sections 3, II, 13, 18,20 and 21. C<:r1ain rules rtg;ll'ding the usage of wOlds used in this document are also provided in Section 16, (A) "Security IlIstnunent" means this document, which is dated 1II0llEHBSR 4. 2002, together with all Riders to this document, (8) "Borrower" is MIA O. BRAJ)LEY, HI1SI1A11D , WIFE VESTIIO JOIIIT 'lIlIlAll'1'S WI'1'H RIGHT OF SIlIlVIVORS AJID sown JJ "RAJ)LEY, HI1SBAlID , WIFE VES'1'IBO JOIIIT '1'B1IlUITS WITH RIGHT OF SI1RVIVORS. Borrower is the mortgagor Wlder this Security Instrument (C) "Lender" is ABIII AMRO MORTGAGB GROUP, IIIIC. Lender is a CORPORATIOIII of DEUIfARJ:. "BAVER RD.. TROY, MICHIGAll 48084. organiud and existing under the laws Lender's address is 2600 W. BIG Lender is the mortgagee under this Security Instrument Initials. ~~ PAIlDEEO r"UOEOL 0109 PENNSYLVANIA+liingk Family-Fonnl. MWFre4c1J.M.., UNIFORM INSTRUMENT Fo"" 3039 1101 Page t of 15 BK I 7 8 2 PS 0 0 5 8 ~ (1:;'}. q ~~ S j L{ l{ ') SCHEDULE C Legal Description Commitment Number 1144 ALL TIlAT CERTAIN lot of groullu situate in the Boro\lgh of Carlisle. ClIl1Ibcrl'll1l\ CUllnly, Pcnnsy!Y~mia, bOUl1lkd and described ;.IS follows: On the E3Sl by South Hauover Street; on lhe SOllth by lot now or fonncriy of Clw\es F. Humrich; olllhe West by a twelllY (20) [oat alley; and on the North by h.Jt now or formerly of 1.A. Dowis. Con[ainin~ thirty-two and ~mc~h.a,l((3.2 l?) fc.ct in front on South Hanover Street and extcndutg at _\11 even ~'ldlh t\'.Q humhcd fony (240) feel in depth to (~e middle of the alley aforcs\.ud. l~l~vmg thereon ~rCCled. a sellli-attached brick dwelling house. known und numbered ..lS 614 South H.lIlovct Street, C~lrlisle, Pcnnsyl.....mh.l. I Ceni!) Iii;'; In L't. rccord~d III Cl""I-,- I. -.' .-. .. . J ..L.AT.d".J ,A)l.inty r'JI ~~---;-'" .C; v' .'" /} ~ /. ""f~" _,";~.::.v-....'~ ....r. ';. V'I' ,...:;..-:, "~.' d' t/" +...kl'...C I.t\~..\ :"K'~";' 1.'1" . \ " . . '\. - ~.;' . ""''.'.~' Rr;c(,rde,- ('I", "".' I BEING the same premises which JOHN W SCHLUSSER AND MARJORIE H SCHLUSSER. by Special Warranty Deed dated September 29, 2000, and recorded October 3, 2000, in Book 230. Page 111, granted and conveyed unto MIRIAM J. DONNELL, in fee. MIRIAM J. DONNELL is now known as MIA D. BRADLEY BK I 7 8 2 PG 0 0 7 3 STEWART TITLE GUARANTY CUMPANV UDAR I, 629353443 (D) "Note" means the promissory note signed by Borrower and dated ROVEMBER 4, 2002. The Note states that Borrower owes Lender ......OIlE HUlIllRED nlEJITY 'fHOUSlUlll UI) 80/100 **'* ....... ..********..*.**** if." **... *..... .....*... * ..Dollars {U.S. $120 ,OOO~ 00 ) plus interest. Borrower bas promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than I)BCBIIIlBR 1, 2032. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. .. (F) "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. (G) "Rider." 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]: o Adjustable Rate Rider D Condominium Rider D Balloon Ride, D Planned Unit Development Rider D 1-4 Family Rider D Biweekly Payment Rider D Second Home Rider o Othe,(s) [specify! (B) "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. m "Commllllily Association DIle., Fee., and A.sessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association. homeowners association or similar organization. (J) .. Electronic.Funds Transfer" means any transfer offunds, other than a transaction originatedby check. draft, or similar paperinstrumenl, 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-<lf-saIe transfers, automated teller machine tranSactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "MillCellancous 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 Seelion 5) for: (i) damage to, or destructiop of. the Property; (ii) condemnation or other taking of all or any pan of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value andlor condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the tegularly scheduled amount due fot (i) principal and intetest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA"means the Real Estate SettlementPrncedures Act (12 U.S.C. ~2601 et seq.) and its implementing regulation, Regulation X (24 c'F.R, Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject mailer. As used in this Security Instrument, "RESP A" refers. to all requirements and restrictions that are imposed in regard to a "federally ~o; loan" even ilthe Loan does not qualify as a "federally related mortgage loan" under RESPA, Initialru < PENNSYLVANIA~~Singlc: family--F1IIUdr M.eIF",dd~ Mac UNIFORM INSTRUMENT ,.",,30391lOt Page 1 nOS PAUDEDL BK I 7 8 2 PG 0 0 5 9 LO~ .. 629353443 (P) "SuceeJlOr io Interest of Borrower" means any party that bas taken title to the Property, whether or not that party bas assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Secnrity Insttwnent secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the petformance of Borrower's covenanlS and agreements under this Security Instnunent and the NOle. For this pwpose, Borrower does hereby mongage, grant and convey 10 Lender the following described properly located in the COUIITY IT~ofR.",,,lingJuris<tictiool of CUMBERLAIIO {Name ~fRecording Jurisdictioor SEE LEGAL OESCRIPTIOII ATTACHED HERETO ~O Kl\I)E A PART HEREOF. which currently'bas the address of 614 S HAIlOVER ST. CARLISLE, IStrootllCityl Pennsylvania 17013 ("Properly Address"): IZ;p Codtj TOGETHER WIlli all the improvements now or hereafter erected on the properly, and all easements, appurtenances, and fixtures now or hereafter a pan of the properly. All replacements and additions sball also be covered by this Security Instrument. All oflheforegoing is referred to in this Security Instrument as the "Property. " BORROWER COVENANTS that Borrower is lawfully seised oflbe estale hereby conveyed and bas the right 10 mortgage, grant and convey the Properly and that the Properly is unencnmbered, except for encumbrances of record, Borrowerwarrants and will defendgeneraIly the tiUe to the Property against all claims anddemands. subject to any encumbrances of record, TIllS SECURITY INSTRUMENT combines uniform covenants for national use and non.uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property, UNiFORM COVENANTS. Borrower and Lender covenant and agree as follows: t. Payment of Prioeipal, Interest, EKrow Items, Prepayment Cbarges, and Late Cbarges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note, Borrower shall also pay funds for Escrow Items pursuant to Section 3 _ Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned tO~d, Initials. PENNSI'LVANIA-!'ingI. fomily-FOMk M..IF.....dl. Ma< UNIFORM INSTRUMENT Form lOJ9 l/tIt Page 3 ortS P AUDEDL BK I 7 8 2 PG 0 0 6 0 LeAR '1 629353443 Lender may reqwre that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer'.s check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the NOIe or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial paymems are insufficient to bring the Loancurrent Lender may accept any paymem or panial payment insufficienllo bring the Loan currem, wilhoul waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated 10 apply such payments al the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring Ihe Loan current.lfBorrower does nOI do sowithin a reasonable period of time, Lender shall either apply such funds or return Ihem to Borrower. If not applied earlier, such funds will be applied 10 the outstanding principal balance under the NOle immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Nole and this Se<:urity Instrument or perfonning lhe covenants and agreements secured by this Security Instrument 2. Applkation of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the NOle; (c) amounts due under Section 3. Such paymenls shall be applied to each Periodic Payment in the order in which il became due, Any remaining amounts shall be applied lirslto lale charges, second to any other amounts due under this Security Inslrument, and then to reduce Ihe principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay arty late charge due, Ihe paymenl may be applied to the delinquent paymenl and the late charge. If more than one Periodic Pa)'IDent is oUlslanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied 10 any lale charges due. Voluntary prepaymenls shall be applied firsllo 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 lhe due dale, or change the amount. of the Periodic Payments. J. Funds for Escrow Item.. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") 10 provide for payment of amounts due for: (a> taxes and assessmenlS and other items which can attain priority o\'er this Security Instrument as a lien or encumbrance on the Property; (b) leasehotd payments or ground rents on the Property, irany; (c) premiums for any and all insurance required by Lenderunder Section 5; and ( d) Mongage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions ofSe<:tion 10. These items are,called "Escrow Items." At origination or al any time during the tenn of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower. and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all nolices of amounts 10 be paid under this Section Borrower shall pay Lender the Funds for Escrow Items unless Lender waive. Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obli tion 10 pay to Lender Funds for any or all Escrow Items at any time. Any such wah'er may only be in writing. enl Initialsl PENNSVLVANIA;;;'SiIlgle Family~.Fllnnh.. ;\b6'Fmidit M.t- U:'iIFORJ\f INSTRUME;,,\T FQnn 3039 l!ill " Page 4 oftS PAUDEDL BK I 7 8 2 PG 0 0 6 I LOAB ts 629353443 of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such paymenl within such time period as Lender may require. Borrower's obligation to make such payments and to pi'ovide r=ipts shall for all purposes be deemed to be a covel1alll and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligaled 10 pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item. Lender may exercise ilS rights under Section 9 and pay such amounl 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 IS and. upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lenderto apply the Funds at the time specified under RESP A. and (b) not to exceed the maximum amounlalender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimales 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 federalageney, instrumenlality. or entity (inclnding Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESP A Lender shall not charge Borrower for hoJdingand applying the Funds, annually analyzing the escrow account, orverifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower andLender can agree in writing, however, thaI interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A I! there is a swplus of Funds held in escrow, as defined under RESP A, Lender shall account to Borrower for the excess funds inaccordance with RESP A.lfthereisa shortage of Funds held in escrow, as defined under RESP A, Lender shall notify, Borrower as required by RESPA, and Borrower shall pay 10 Lender the amount necessary to make up the shortage in accordance with RESP A, but in no more than 12 monthly payments. If there is a deficiency of Funds held in e,SclOW, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall paX'to Lender the amount necessary 10 make up the deficiency in accordance with RESP A. but in no more than 12 monthly payments. Upon payment'in full of all sums securedby this Security Instrument, Lender shall promptly refundto Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions allributab1e to the Property whi~h can attaio priority OVer this Security Instnunen~ leasehold payments or ground rents 00 the Property, if any. and Community Associalion Dues. Fees, and Assessments, if anX. To the extent that these items are Escrow ltelll5, 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: (3) agrees in writing to the payment of the obligation secured by the lien in a manner accepl3ble 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 operale to preventlhe enforcementofthe 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 co Lender subordinating the lien to this Security Instrument. If Lender determines that anY Part or the Property is subject to a lien which can attain priority over this Security_t, , Initialsl PENNS\'LVANIA-Sin~. Family-FODl1l. M.elFred4le Mo< UNIFORM tNSTRUMENT . Po"" 30391101 < Page 5 o!l5 PAUDEDL BK I 7 8 2 PG 0 0 6 2 LOA! " 629353443 Lender may give BolTower a notice identifying the lien. Within 10 days of the date on which that notice is given, BolTower 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 repol'ling service used by Lender in connection with this Loan. S. Property IaJurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured againSlloss by fire, hazards included within thetenn "extended coverage, " and any other hazards including, but not limited to, earthquakes and floods, for wbich Lender requires insurance, This insurance sball be maintained in the amounts (including deductible levels) and for tbe periods that Lender requires. What Lender requires pursuant to the preceding sentences can cbange during the ternt of the Loan. The insurance carrier providing the insurance shall be cbosen by BOlTower subject to Lender's right to disapprove Borrower's choice, which right sball not be exercised unreasonably. Lender may require BOlTowertopay, in connection with this LoaII, either: <a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-lime charge for flood zone determination and certification services and subsequent charges each time remappings or similar cbanges ocror which reasonably might affect such determination or certification, Borrower sball also be responsible for the payment of any fees imposedbytheFederal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purcbase any particulartype or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property. .gainstany risk, hazardor liability and might provide greater or lesser covel1lge than was previously in effect BolTower acknowledges that the cost of the insurance coverage so obtained mig.....t significantly exciied the cost of insurance that BOlTower could have obtained. AJ1y amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Serority Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable. with such interest. upon nolice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies sball be subject to Lender's right to disapprove such policies, sball include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right 10 hold the policies and renewal certificates, II Lender requires, Borrower sball promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not othetwise required by Lender. for damage to, or destruction of, the Property, such policy shall include a standard mongage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event ofloss, BolTower shall give prompt notice to the insurance carrier and Lender. Lendermay make proof of loss if not made promptly by BOlTower, Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, sball be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is nol lessened, During such repair and restoration period, Lender sball have the rigbt to hold such insurance proceeds until Lender has had an opponunity 10 inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undenaken promptly. Lender may disburse proceeds for the repairs apd restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to bepaid on 51Ichinsurance proceeds, Lender sball 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 ~e " Initial.. PENNSYLVANtA-,SingI. Family-FOMk MMlFml41c Mac UNIFORM INSTRUMENT Fonn 3039 1101 Page 6 of 15 PAUDEDL BK I 7 8 2 PG 0 0 6 3 LOAI t. 629353443 obligation of Bolrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, tbe inS\ll'll1lce proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. IfBorrowenbandons the Property, Lender may file, negoliate and seltle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and seItle 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 undertbe Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note Or tlris Security Instrument, whether or not then due. 6. OccuPlUlcy. Borrower shall occupy, establish, and use the Properly as Borrower's principal residence within 60 days after Ibe execution of this Security Instrument and shall continue to occupy Ibe Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent sbaIl not be unreasonably wilhbeld, or unless extenuating circumstances exist which are beyond Borrower's control, 7. Preservation, MaintenlUlce and Protection of tbe Property; Inspections. Borrower sbaII not destroy, damage or impair Ibe 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 10 prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 !bal repair or restoration is not eoonomicallyfeasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. lfinsurance orcondemnalion proceeds are paid in connection wilb damage to, orthe taking ot; the Propeny'iBorrower shall be responsible for repairing or restoring the Property only if Lender bas released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are DOt sufficienllO repair or restore the Property, Borrower is not relieved of Borrower' s obligation for the completion of such repair or ~oration. Lenderor its agent may make reasonable entries uponand inspections of the Property, Ifit hasIeasonable cause, Lender may inspect Ibe interior oflbe improvements on the Property. Lender sball give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any,persons or entities acting at the diRCtion of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed 10 provide Lender with material information) in connection with the Loan, Material representations include, but are DOl limited 10, representation.s concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's foterest in the Property llIld Rights Under tbis Stalrity Instl1lmenL If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding thai ,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 In.stnmtent or to enforce laws or regulations), or eel ~t;' :' Initial., PENNSYLV ANIA-'sin&lc Fll1Iily-FlUlJlle MocIF.....d1. M.. UNIFORM INSTRUMENT Fonn 303' 1101 Page 7 of IS PAVDEDL BK I 7 8 2 PG 00 6 4 LOAB to 629353443 abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate 10 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 andlor repairing the Property. Lender's actions can include, but are not limited to: (a) paying any swns secured by a lien which has priority over this Security Instrument; (b) appearing in conn; and (c) paying reasonable attorneys' fees to protect its interest in the Property andlor rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited 10, entering the Property to make repairs, change locks, replace or board updaors 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 nOI 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 this Security Insuument These amounts shall bear interest at the Note rate from the date at disbursement and shall be payable, with such interest. upon notice from Lender to Borrower requesting payment If this Security lnsUument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing, 10, Mortgage Inturance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insuran<:<: coverage required by Lender ceases to be available fmm 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 Inswancepreviously in effect, ata cost substantially equivalentlO the cost 10 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, Borrowersball continue to pay to Lendertheamount otthe separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accepl, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance, Such loss reserve shall be non-refundable, notwithstanding the tact that the Loan is ultimately paid in full and Lender sball not be required to pay Borrower,IUlY inte",st or earnings on such loss reserve, Lender can no longer require loss reserve payments if Mortgage InsUrance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mougage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Il1SUl1lIlce, BOffi)wer shall pay the premimllS required to maintain Mortgage Insurance in effect, orto provide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wrinen agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law, Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage l/lSUTance 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 tlte Mortgage Insurance. Mortgage insurers evaluate theirtotal risk on all such insurance in for<:e from time to time, and may enter into agreements with other parties that share or modiJY their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other pany (or parties) to these agree~se InitialJJs PENNSYL v ANIA~ingk Funily-.Fuud. M.oiFmldf< M.. UNIFORM INSTRUMENT Forno 30391101 Page 8 of 15 PAUJ)EDL BK I 7 8 2 PG 0 0 6 5 " LOAR I, 629353443 agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the NOle, another insurer, any reinsurer, any other entity, or any affiiiateof any of the foregoing, may receive (directly or indirectly) amounts that derive from (or Might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modiJYing the mongage insurer's risk, or reducing losses, If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to lhe insurer, the arrangement is often termed .. captive reinsurance. " Further: (a) Any such agreements will not affeellbe amounts that Borrower has agreed to pay Cor Mortgage lIllJunmee. Dr any otber terms of tbe Loan. Such agreements will not increase tbe amount Borrower will owe for Mortgage tilsuranee, and they will not entitle Borrower to any reCund. (b) Any such agreements will nol affect the rights Borrower has - if any - with respetlto Ihe Mortgage InsuraDee undertbe Homeowner. Protection Act of 1998 or any other law. These rights may inelude the righl to receive certam disclosures, 10 request and obtain cancellation of lbe Mortgage Insuranu. To bave tbe Mortgage Insnrance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned al the lime of sueb eancdlation or termination. 11. AsJignment oCMiscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender, lithe Property is damaged, suchMiscellanoous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration periqd, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has bad an opportunity to itisPect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspcctio" 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 4w requires interest to be paid on such Miscellanoous Proceeds. Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the swns secured by this Security Instrument, whether or not then due, with the excess, ifany, paid (0 Borrower. Such Miscellaneous Proceeds shaII be applied in the order provided for in Section 2. In theeventofatotal talting, destruction, or loss in value oftheProperty, the Miscellaneous Proceeds shallbeapplied (0 the sums secuted by this Security lnstrwnen~ whether or not then due, with the excess, if any, paid to Borrower. In the event.cl' a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial talting, destruction, orloss in value is equal 10 or greater than the amouitt of the sums secuted bj> this Security lnstrwnent immediately before the partial taking, destruction, or loss in value, w1Iess Borrower and Lender othenme agree in \Witing, the sums secured by this Security Insuument shall be reduced by the amount cl'the Miscellaneous Proceeds multiplied by the fullowing fiaetion: (a) the total amount of the sums secured immediately befure the partial taking, destruetion, or loss in value divided by (b) the mir marl<et value of the Property immediately befOre the partial taking, destruction, or loss in value. Any balance sha1l be paid to Borrower, In the event of a partial taking, destruction, or loss in value ofthe Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immedia.te1y before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this secun~ty enl whether or not the sums are then due. Init:ials I PENNSYLVANIA,Single Family-Fann.le Mw'F1U.~ Ma(: UNIFORM INSTRUMENT Fonn 303'11D1 ' Page 9 of 15 PAUDEDl BK I 78 2 PG 0 0 6 6 UDAB ,. 629353443 If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next senlence) otIers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized 10 collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or 10 the sums secured by this SCQUity Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower sball be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender'. judgment, could result in forfeitureofthe Property or other material impainnent ofLender'. interest in the Property orrights Wlderthis SCQUity Instrument. Borrowercan cure such a default and, ifaccelerntionhasoccuned, reinstate as provided in Section 19, by causing the action or proceeding 10 be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender'. interest in the Property or rights Wider this Security Instrument. Tbe proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are bereby assigned and sl1all be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Propeny sl1all be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lenderto 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 sl1all not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for paymenl or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower, Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, sl1all not be,a waiver of or preclude the exercise of any right or remedy. 13. JoiDtud Several Liability; Co-signen; Successon and Assigns Bound. Borrower covenants and agrees that Borrpwer's obligations and liability sl1all be joint and several. However, any Borrower who co-signs this Security Instrument but does nlll execute the Note (a "co-signer"): (a> is ~gning this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the tenns of this Security Instrument; (b> is not personally obligated to pay the swns secured by this Security Instrument; and (c) agrees that Lender and any llther Borrower can agree to extend, moditY, forbear or make any accommodations with regard to the terms ollbis. Security Instrument or the Note withoul the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, sball obtain all of Borrower's rights and benefits under this Security Instrument. Borrower sball not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees 10 such release in writing. The covenants and agrcemenlSofthis Security lnsInunent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender, 14. Loan €barges. 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 D9tlimited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, tbe absence of express authority in this Security Instrument IOcllarge aspecific fecto Borrowcrshall notbe construed as a prohibition o..n the charging of such fee, Lender may not charge fees that are expresslYProlubited~thi ecurity Instrument or by Applicable Law. . Initialsl PENNSVLVANIA~Singlc Family--FlUlnIe MaelFreddlt Mac UNIFORM INSTRUMENT y.... )0391101 . Page 10 of 15 PAUDEDt. BK I 7 8 2 PG 0 0 6 7 . LOAR " 629353443 If the Loan I~ subject 10 a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Noteorby making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chaige (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. All notices gi,'en by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice toany 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 notilY 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 anyone time, Any notice to Lender shall be given by delivering it or by mailing it by firslclass mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection wi.th this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. Ifanr,notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requiremedt will satisfy the corresponding requirement under lhis Security Instrument. 16. Govel'l,\ing Law; Severabitity; Rules of Construction. This Security lnstrumenl shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subjecllo any requirements and limitations of Applicable Law. Applicable Law might explicitly:or implicitly allow lhe parties to agree by contract or il mighl be silent, bul such silence shall not be construed as a prohibition againsl agreement by conlract. In the event that any provision or clause of this Security Instrument or the Note conllicts with Applicable Law, suchconllict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting pro"sion. As used in this Security Instrument (a) words of the masculine gender shall mean and include corresponding neuter words or words oftbe feminine gender; (b) words in the singulars hall mean and include the plural and vice "er53; and (c) Ute word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument 18. Transfer of the Property or a BeneficiallDterest in B6rrower. As used in this Section 18, "Inlerest in the Property" .means any legal orbeneflcw interest in the Property, including. but not limited 10, those beneficial interests rransferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the inlent of which is the transfer of title by Borrnwer at a future date to a purchaser. If all or any.part ofthe Property or any Interest in the Property is sold or transferred (or if Borrower is nOl 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 nol be exe,rcised by Lender if such exercise is prohibited by Applicable Law. If Lender eliercises this option, Lender shall give Borrower notice of acceleration. The nouce shall period of no! les~.than 30 days from the date the notice is given in accordance with Section 15 within wbic Init.ialss PE;'\tNSYLVANIA-"Single Family..FannJe ~f.tlFreddl~ Mac U~IFORM INSTRUMENT Fonn JOJ9 1101 Page 11 of 15 PAUDEDL BK I 7 8 2 PG 0 0 6 ~ LOAB " 629353443 must pay all sums secured by this Security Instrument lfBorrower fails to pay these sums prior 10 the expiration of this period, Lender may invoke any remedies pennitted by this Security Instnnnent without further notice or demand on Borrower. 19. Borrower'. Rlghtlo Reinstate After AceeleratioD. 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) live days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the tennination of Borrower' s right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under tbis Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to., reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security lnslnunent; and (d) takes such action as Lender may reasonably require to assure that Lender's illletesl in the PrqlOrty andrightsunderthisSecurity Instrumen~ andBorrower'sobligation Iopay thesumssecuredbythis Security lnsImment, sha1l continue unchanged. Lendermay require that Bonowerpay such reinstatement sums and ~~in one or more ofthefollowingforms, as sclectedby Lender. (a)cash; (b) money order; (c)certitiedcheck, bank check, treasurer'scheck or casbier's check, providedanysuch check is drawn upon aninstitulion whose deposits are insured by a fedenllagency, instnunenlality or entity; or (d) Electronic FW1d.s Tl3IISfer. Upon reinstatement by Borrower, this Security llISlIWIlent and obligations secured hereby shall remain fully effective as if no acceletation had occurred. However, this right 10 reinstate shall not apply in the case of acceleration under Section 18. 20. Sale o(;Note; Cbange of Loan Senicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) canbe sold oneor more times without priornotice 10 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 Instnnnent and pert"orms 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 10 a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change whicb will state the name and address of the new Loan Servicer, the address to which payments sbould be made and any other infonnation RESP A requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mongage 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 10 any judicial action (as either an individual litigant or the member ofa class) that arises from the other party's actions pursuantto this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender bas notified the other party (with such notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the other party hereto a n:asonable period after the givingofsuchnoticelo lake corrective action, If ApplicableLawprovides atime period which mustelapsebefore 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 andthe noticeofacceleration given to Borrower pursuant to Section I g 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 i~i delined as toxic or hazardous substances, pollutants, orwastes by Environmental Law and the fall . ng ces: lniHaIs. PENNSYLV ANlA-Single Family-Fannie MaefF'ftddit Mac UNIFokM )NSTRUMENT . Fonn 303. 1/01 Page 12 of 15 PAUDEDL BK I 7 8 2 PG 0 0 6 9 .<.l LOAR '1 629353443 gasoline, kerosene, other flammable or toxic petIolewn products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldchyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) '~Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmenta1 Condition" means a condition that can cause, contribute to, or"otherwise trigger an Environmental Cleanup. Borrower shall not causeorpermit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of whicn Borrower bas actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threatof release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shaIlpromptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedlet. LenclersllallgiveootieetoBorrowerpriorto aeceleratloofoUowlngBomnver's breach olany "".-enant or agRement in tbis Security InstnllDent (but not priorto acceleration under Section 18 unless Applicabie Law provides otberwise). Lendersball notify Borrowerol. among oIberthing!: (a) the default; (b) tbe action ~red to cure the default: (c) wben tbe default must be cured; and (d) tbat failure to cure tbe default as speciflCd may result in acceleration of tbe sums secured by tbis Seauity Inmument, foreclosure by judicial Pr0<<e4.ing and weolthe Property, Lender shall further infonn Borrower olt'" rigllt 10 reinstate after w:eleratioDand the riglll to....rt intheforec\osureproceedingthenoo-.,ustence ol a default oranyotherdefeMe of Borrower to'~cceleration and foreclO8l1re. If the delault is not cured as specified, Lender at its option may require immediate payment iD full of a11_s secured by tIIis Security Instnunent without further demand and may foreclose this Security Instl1lment by judicial proceeding. Lender shaD be entitled to tolled all expenaes inmrred in pU~1I the temediea provided in Ibis Section 22, including, but nollimlted 10, attorneys' fees and com ol title evi4lencelo !be extent permitted by Applicable Law. 23, ReI-. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyediShallterminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the cnarging oflbe fee is permitted under Applicable Law, 24, Waive,.. Borrower, 10 the extent permitted by Applicable Law, waives and releases any error 0 defe<:ts in proceedings to enforce this Security Instrument, and hereby waives the benefit of any presen or s Initialsl PENNSYLV ANlAT"Single Family-Fannie M.eJFreddie Mile UNIFORM INSTRUMENT Fonn 30391/01 Page 13 of 15 BK I 7 8 2 PG 0 0 7 0 f. MOOEOL L LOAS '1 629353443 providing for st.y of execution, extension of time, exemption from atlachmenl, le.y and sale, and homestead exemption. 25. Reillll.tement Period. Borrower's time to reinslate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Pureh~.. Money Mortgage. If any of the debt secured by this Security Instrument is lenl to Borrower 10 acquire tiUe to the Property, this Security Instrumeot shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the tmns and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. J!t~I/~ (Seal) E~~~Y (Seal) PENNSYLVANlA':-Single Family-Fannie MatIFr'NdJe Mac U~IFORl\I INSTRUME~T Fonn 30391/0J Page 14 of 15 P AUDEDL BK I 7 8 2 PG 0 0 7 I ALL that certain lot of land situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and described as follows: ON the East by South Hanover Street; on the South by lot now or formerly of Charles F. Humrich; on the West by a twenty (20) alley; and on the North by lot now or formerly of J. A. Davis. Containing thirty two and one half (32 Y..) feet in front on South Hanover Street and extending at an even width two hundred forty (240) fuet in depth to the middle of the alley aforesaid. Having thereon erected a semi-attached brick dwelling bouse known and numbered as 614 South Hanover Street, Carlisle, Pennsylvaoia. '. BEING the same premises which John W. Schlusser and Marjorie H. Schlusser hIS WIfe, .gnmted and conveyed to Miriam J. Donnell, by deed dated September 29, 2000 and recorded m the Office of ~e Recorder o~?~ for Cumberland County, Pennsylvania in Deed Book 230, P~e 11~. EdWin I.J. Bradley]olD$ In this conveyance to convey any potential interest he may have 111 subject property. PREMISES BEING: 614 SOUTH HANOVER STREET. VF.RIFlC.ATlON KATRINA DUPUY hereby states that he/she isLOAN ADMINSTRAT!IOftBN AMRO MORTGAGE OFFICER CORPORATION mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her 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 unsworn falsification to authorities, DATE: t)-3os ~ - .c o ':::::: - -Q ~.:S CA () ~ - V( \l .~ CI( C> -J ~ ~ Q,G ...... I~ ~1:.~ -:-.!J v.J r\lf-:' I'll -r.J ',.-) :.'\ C\c.., ~n :,~~:~ ~~~ -:::,.3 :Ii3 '"'" r---.:'t ~~j\ ~ t,:,,) " , co f":? ro,,) I" CASE NO: 2005-01210 P SHERIFF'S RETURN - REGULAR . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS BRADLEY MIA D ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according 0 law, says, the within COMPLAINT - MORT FORE was served upon BRADLEY MIA D AKA MIRIAM J DONNELL DEFENDANT th , at 1725:00 HOURS, on the 21st day of March , 2005 at 614 SOUTH HANOVER STREET CARLISLE, PA 17013 MIA BRADLEY by handing to a true and attested copy of COMPLAINT - MORT FORE together w th and at the same time directing Her attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.40 .00 10.00 .00 35.40 me this Sworn and Subscribed to before A.D. So Answers: 'r,"'.j,p,?;vn'e~ ~ R. Thomas Kline SCHMIEG SHERIFF'S RETURN - REGULAR . CASE NO: 2005-01210 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ABN AMRO MORTGAGE GROUP INC VS BRADLEY MIA D ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRADLEY EDWIN JJ th DEFENDANT , at 1725:00 HOURS, on the 21st day of March 2005 at 614 SOUTH HANOVER STREET CARLISLE, PA 17013 by handing to MIA BRADLEY, WIFE a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing Her attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavi t Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ?"~;i??","",.(.~e!"" ".( - R. Thomas Kline 03/22/2005 PHELAN HALLINAN Sworn and Subscribed to before By: me this of A.D. , \ prothono~ (4r1f F:\FllES\DA TAFlLE\General\CwTeIlt'111405 J_praf'lller Crealed 4/19/05 IO:02AM Revised 4119/05 lO,21AM . Jennifer L. Spears, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO LD. 87445 10 East High Street Carlisle, P A 17,013 (717) 243-3341 Attorneys for Defendant Mia D. Bradley ABM AMRO MORTGAGE GROUP, INC.,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MIAD, BRADLEY a1k1aMIRIAM J. DONNELL and EDWIN J.J. BRADLEY, Defendants NO, 05-1210 CIVIL TERM PRAECIPE TO ENTER APPEARANCE Please enter the appearance of Jennifer L. Spears, Esquire, of the firm MARTSON DEARDORFF WILLIAMS & OTTO on behalf of the Defendant Mia D. Bradley a/kla Miriam J. Donnell. MARTSON DEARDORFF WILLIAMS & OTTO i By J ennifl r L. Spears, Esquire J.D. No, 87445 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Mia D. Bradley Date: April 19,2005 I , . CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Francis S. Hallinan, Esquire PHELAN HALLINAN & SCHMIEG LLP One Penn Center 1617 JFK Blvd., Suite 1400 Philadelphia, PA 19103-1814 Attorneys for ABM AMRO Mortgage Group, Inc., Plaintiff MARTS ON DEARDORFF WILLIAMS & OTTO By ~~~ ?flWN\~ ) Ami J. Thurn 10 East High Street Carlisle,PA 17013 (717) 243-3341 Dated: April 19, 2005 ~? (;;:~ ~:;:, ~-~ -""1 -' ,'" ~, ~.~ -- ~ 0'-- \, 5PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ABN AMRO Mortgage Group, Inc ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Edwin J. Bradley Mia Bradley Defendants No. 05-1210 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: 7/24/06 ~j~ Francis S. Hallinan, Esquire Attorney for Plaintiff 113227 .. c,. \O'~,_ " r..