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Home My WebLink About05-1285 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney 1D # 52634 Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff vs. Rodson A. Campbell and Angela M. Campbell 815 Ridgewood Drive Mechanicsburg, PA 17055-2229 Defendants #l6284-TM Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: 0 J - !-<..gS/ ~ ~ CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE ADVISO 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 personaHy 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 HA VE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, osted tiene veinte (20) dias de plaza at partir de la fecha de la demanda y la notificacion, Hace falta a sentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, 1a corte toma fa medidas y puede continuar la demanda en contra suya sin previo aviso 0 notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades 0 otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIA TAMENTE. SI NO TIENE ABOGADO VA Y A EN PERSONA 0 TELEFONA A LA OFICINA ESCRIT A ABAJO . ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRA TAR A UN ABOGADO. SI USTED NO TIENE EL D1NERO SUFICIENTE PARA CONTRA TAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUClDO 0 GRA TUITO. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166.. 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE 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 YU 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 EST ATE. MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney 10 # 52634 Attorney for Plaintiff Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. 3476 Stateview Boulevard Fort Mill, SC 29715 Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No; vs. Rodson A. Campbell and Angela M. Campbell 815 Ridgewood Drive Mechanicsburg, PA 17055-2229 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc., a bank organized and existing under state law, with offices for the conduct of business at 3476 Stateview Boulevard, Fort Mill, SC 29715. 2. Defendants, Rodson A. Campbell and Angela M. Campbell are the mortgagors and real owners of premises 815 Ridgewood Drive, Mechanicsburg, PA 17055-2229, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Fleet Mortgage Corporation on November 12, 1997, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1416, Page 940, secured on premises 815 Ridgewood Drive, Mechanicsburg, PA 17055-2229 a true and correct description of which is attached hereto as Exhibit I. 4. On November 12, 1997, the mortgage was assigned, in writing, to Eastern Heights Bank and recorded on November 17, 1997 in the Office of the Recorder of Deeds of Cumberland County in Record Book 562, Page 324. 5. The mortgage has since been assigned to the Plaintiff herein. 6. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 7. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from September 1, 2004 and each month thereafter, up to and including the present time. 8. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 9. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 8/1/04 to 3/9/05 At $29.67 per diem Suspense Balance Accrued Escrow deficit to 3/9/05 $137,563.08 $ 6,557.07 ($ 717.66) $ 12,289.89 Corporate Advances Attorney's fee (5% of unpaid Principal Balance) Title Information Certificate Photostats and Postage Notarizations $ 620.59 $ 6,878.15 $ 400.00 $ 50.00 $ 10.00 TOTAL $163,651.12 10. 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 Sheriff's sale, reasonable attorney's fees will be charged based on work actually performed. 11. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $163,651.12, plus per diem interest at $29.67 from March 10, 2005 to the date of judgment plus costs thereon. ,,/"' 1 .~ Martha E. Von Rosenstiel Attorney for Plaintiff VERiFICATION I verify that the statements made in the foregoing documents are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa e.s. Section 4904 relating to unsworn falsification to authorities. By~b~ l~ann Sm~th Title: Vice President Loan Documentation LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the improvements thereon erected situate in East Pennsboro Township, County of Cumberland and Commonwealth of Pennsylvania, bounded and described in accordance with a Subdivision Plan of Laurel Hills, Section 15, made by Buchart-Horn, Consulting Engineers and Planners, Job No. 203020 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 31, Page 27, as follows to wit: BEGINNING at a stake on the Southern legal right-of-way line of Ridgewood Drive at the dividing line between Lots Nos. 242 and 243 on the above-referenced plan of lots; thence along said dividing line South 00 degrees 56 minufes 56 seconds West, a distance of 100.57 feet to a stake at the dividing line between Lots Nos. 242 and 223 on the above-referenced plan of lots; thence along said dividing line and the dividing line of Lots Nos. 242 and 222, North 85 degrees 20 minutes 45 seconds West, a distance of 100.00 feet to a stake at the dividing line of Lots Nos. 241 and 242 on the above-referenced plan of lots; thence along said dividing line North 04 degrees 39 minutes 15 seconds East, a distance of 100.00 feet to a stake on fhe Southern legal right-of-way line of Ridgewood Drive; thence along said Southern legal right-of-way line of Ridgewood Drive, South 85 degrees 20 minutes 45 seconds East, a distance of 82.19 feet to a stake; thence by an arc curving to the left, having a radius of 175.00 feet, an arc distance of I 1.32 feet to a stake, the point and place of beginning. CONTAINING 9,677.51 square feet, more or less. BEING Lot No. 242 and known as 815 Ridgewood Drive. Tax Parcel #09-17-1038-55 TITLE TO SAID PREMISES IS VESTED IN Rodson A. Campbell and Angela M. Campbell, husband and wife by Deed from Lawrence H. McGuire, III and Barbara Craig McGuire, husband and wife dated 1l!12/1997 and recorded 1l!171I997, in Record Book 167 Page 1034. r-\f! !lnlT ~ i .A.., ~ ;-0" 1../.1" U -- I ----. P.O. Box 1225 Charlotte, NC 28201-1225 November 15, 2004 2330461 JOQ1259/472Act9l ANGELA M CAMPBELL 815 RIDGEWOOD DR MECHANICSBURG PA 170155 RE: Wells Fargo Home Mortgage Loan Number 2330461 Mortgagor(s): Rodson A. Campbell Angela M. Campbell Mortgaged Premises: 815 Ridgewood Dr. Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mol'tlta2e on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice exPlains how the prOlO'am works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseling Agencv. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If yoU have any Questions, you may call the Pennsylvania Housine: Finance Agencv toll free at 1-800-342-2397. (Persons with impaired hearine: can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYL VANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRffiA. PUEDES SER ELEGffiLE 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 REDIMffi SU HIPOTECA. EXH18IT .:n=- HOMEOWNER'S NAME(S): Rod"on A. Campbell ADltela M. Campbell PROPERTY ADDRESS: 81 ~~idge:g:ood Dr. Me ames urg, PA 17055 2330461 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: WELLS FARGO BANK, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTI1RE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGffiLE 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 ELlGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL V ANlA HOUSING FINANCE AGENCY. IEMIDRARY STAY OF FORECLQSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirtr (30) days from the date of this Notice. Durmg 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 MI JST OCCI JR WITH1N THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSIST ANCE...YOU MDsT BRING YOUR MORTGAGE1J~TO DATE TBE PI\U OF THlS NOTICE C:A.w..ED. "HOW TO CURE YOUR MORTGAGE DEFAUl.T". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSllMER CREDIT r;OU.NSELIN~ AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the endOI this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The n mes addresses and tel hone numbers of de i n t d c n e cre i c u selin a enCles r c un in 1 ro e i e e n i i. I is on y necessary to sc e u e one ace-to-face meeting. Advise your ender immediately of your intentions. P I A N F M RT E A I E - Your mortgage is in default for the reasons set art ater in t is Notice (see 0 owing pages or specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortg;J.ge Assistance Program. To do so, you must fill out, sign and file a comp'leted Homeowner's Emergency ASSIstance Program Application with one of the designatea consumer credit counseling agencies listed at the end of this Notice. Only consumer credIt counseling agencies have applications for the program and they will assist you in submitting a complete applIcation to the Pennsylvania Housing Finance Agency: Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meetmg. YOU MllSI FILE YOUR APPLICA nON PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LE1TER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICA nON FOR MORTGAGE ASSISTANCE WILL BE DENIED. 001259/.7~ ~CY ~~N - Available funds for emergency mortgage assistance are very limited. Thc:y will e is urse y t e Agency under the eligibility criteria estl!-l:!hshed by. the A.ct. Tlie Pennsylvl!ma Housing Finance Agency lias sixty (60) d!lYs to .make a decision after It r~elves your apphcatu:>n. During that time, no foreclosure proceedmgs Will be 'pursued agamst you If you have met the tlme 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.lJ'HE FOLLOWING PART OF TIllS 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 (Brin!!; it up to date). NATURE OF THE DEFAULT - - The MORTGAGE debt held by the above lender on your property located at: 81, Rid!:ewood Dr Mec:.ha..n'c:~h1Jr&:PA j70SS 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: AIl~llst 2004 - Novemh~r :JOOf.. $;,49465 Other charges (explain/itemizel: Late Chantes Other Fees (if applicable) Susocnse Amount TOTAL AMOUNT PAST DUE: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION $0.00 $15.00 -1~.93~21 ,57 .44 HOW TO ClJRF. THF. DF.PAm T - - 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 WH1CH IS $ 3,579.44 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURiNG THE TH1RTY (30) DAY PERIOD. paJments must be made either by cash, cashier's check, certified check or money order made payable an sent to: WELLS FARGO HOME MORTGAGE 1 HOME CAMPUS X2501-01H DES MOINES, IOWA 50328 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of thIS letter: IF YOU DO NOT CURE THE DEFAULT - - If you do not cure the default within THIRTY (30) DAYS ot the date ot thIS NotIce, the lender mtends to exercise its rights to accelerate the mormage debt. This means that the entire outstandmg batance ot 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 wlthm THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uPon vour mortl!al!ed propertY. IF THE MORTGAGE IS FORECLOSED UPON - - The mortgaged property will be sold by the Sheriff to pay ott the mortgage debt. It the lender reters your case to ltS attorneys, out you cure the delinquency before the lender begins legal p'roceedings againstyoubyou will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50. O. However, if legal proceedings are started against you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender:,which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DA I period. vou will not be reouired to pav attorneY's lees. OTHER LENDER REMEDIES - - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 001259/472 do so b a in the total amount then ast ue Ius an late or other char es then due reasonable attorn ' ee an cos conncc e wit e r osur sa an an 0 er ts c nn e wi e Sheri's Sale as spcci ied in writing by the lender and by oe orming any other reauirements under the mortgage. Curi~ your default in the manner set forth 1D this notice will restore your mortgage to the same position as If you had never defaulted. EART.ffiST POSSlllI.E SHERIFF'S SAT.F, DATE - It is estimated tbat the earliest date that such a Sheriff's Sale of the mortgaged prorerty could be held would be approximately six (6) months from the date of this Notice. A notice 0 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 1 FNDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wells Fargo Home Mortgage 3476 Stateview Boulevarii Fort Mill, SC 29715 1-800-766-0987 803-396-6063 Clarice Townsend EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property ana your right to occupy it. If you continue to live in the propt:rty after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ mayor _ 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 PAYOFF 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. (HOWEVE~ YOU DO NOT HAVE THIS RIGHT TO t..URE YOUR DEFAULT MORE THAN THRE.e TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEF AUL T 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. APPENDIX C PENNSYL VANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSEliNG AGENCIES CUMBERLAND COUNTY cces of Western Pennsylvania, inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX# (717) 541-4670 Financial Counseling Services of Ftanklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Hatrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243-3818 FAX# (717) 731-9589 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FAX# (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397. P.O. Box 1225 Charlotte, NC 28201-1225 November 15, 2004 2330461 1001258/472Ac:t91 RODSON A CAMPBELL BIB RIDGEWDDD DR MECHANICS BURG PA 1705& RE: Wells Fargo Home Mortgage Loan Number 2330461 Mortgagor(s): Mortgaged Premises: Rodson A. Campbell Angela M. Campbell 815 Ridgewood Dr. Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort2al!e 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 pa\!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice exPlains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseling A\!encv. The name address and hone number of Consumer Credit Counselin A encies servin our County are listed at tbe end 0 this Notice. If vou have any Questions, YOU may call the Pennsylvania Housin\! Finance A\!encv toll free at 1-800-342-2397. (Persons with impaired hearin\! can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRffiA. PUEDES SER ELEGffiLE 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 REDlMm SU HIPOTECA. HOMEOWNER'S NAME(S): Rodson A. Campbell Angela M. Campbell PROPERTY ADDRESS: 815 ~idgewood Dr. Mec amcsburg, PA 17055 2330461 LOAN Acer. NO.: ORIGINAL LENDER: CURRENT LENDERlSERVICER: WEllS FARGO BANK, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH TIlE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE n ACT"), YOU MAYBE ELIGffiLE 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 ELIGffiILITY REQUIREMENTS ESTABLISHED BY TIlE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMP~RARY STAY OF FOREFoL~URE -- Under the Act, you are entitled to a temporary stay of torec osure on your mortgage or t irty (30) days from the date of this Notice. Durmg that time you must arrange and attend a "face-to-face" meetinJH;jth one of the consumer credit counseli~ agencies listed at the end of this Notice. THIS MER G MUST OCCUR WITHIN THE NE T ki&A~SrN~ ~8HrP~~IPiG1~k YJn~ f5tf~G~t1gkl8RJltIYg ~~~J1~S.1:C~%U "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. APPLI F R T A ATE - Your mortgage is in default for the reasons set ort ater in t is Notice see 0 owing pages or specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have die right to apQly for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a coml'leted Homeowner's Emergency ASSIstance Program Application with one of the designateo consumer credit counseling agencies listed at the end of this Notice. Only consumer credIt counseling agencies have applications for the program and they will assist you in submitting a complete applIcation to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU Ml1SI FILE YOUR APPLICATION PROMPTLY. IF YOU FAll. TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 001258/<172. ~~CY ~~TI~N - Available funds fOF c:mergency. mortgage assistance are very limited. Th!:}' will e is urse y t e Agency under the ehglblhty cntena est~bhshed by. the A.ct. Tne Pennsylv~ma Housing Finance Agency lias sixty (60) ct:ays to .make a decision a.fter It r~eJves your apphcatlOn. During that time, no foreclosure proc~edmgs "YI.I1 be 'pursued agamst you If y<?u have !TIet the time requirements set forth above. You WIll be notified directly by the Pennsylvama Housmg Fmance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTI. Y PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY-lIHE FOLLOWING PART OF TIllS 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 (BriDJ~ it up to date). NATURE OF THE DEFAULT - - The MORTGAGE debt held by the above lender on your property lOcated at: 815Ridg~o;;;j Dr IS SERIOUS~c~D~FA'bl~ ~Zc~~e: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Augu<t 7004 - November 2004 $>,494.65 Lale CharEes $0.00 $15.00 -i1_93~21 3,57 .44 Other charges (explain/itemize): Other Fees (if applicable) Susnense Amount TOTAL AMOUNJPAST DUE: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION HOW TO ClIRF. THF ORFAlTT.T - - 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 $ 3,579.44, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BEcOME DUE DURING THE THIRTY (30) DAY PERIOD. paJments must be made either by cash, cashier's check, certified check or money order made payable an sent to: WELLS FARGO HOME MORTGAGE 1 HOME CAMPUS X2501-0lH DES MOINES, IOWA 50328 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: IF YOU DO NOT CURE THE DEFAULT - - If you do not cure the default within THIRTY (30) DAYS ot the date ot thiS Notice, the lender mtends to exercise its rights to accelerate the mo~age debt. This means that the entire outstandmg balance at thIS debt WIJJ be conSIdered due immedIately and you may lose the chance to pay the mortgage in monthly instaJlments. If full payment of the total amount past due is not made withm THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uoon vour mormaged property. IF THE MORTGAGE IS FORECLOSED UPON - - The mortgaged properry will be sold by the Sheriff to pay oft the mortgage debt. It the lender reters your case to ItS attorneys, out you cure the delinquency betore the lender begins legal p'roceedings againstyoubyou will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50. O. However, if legal proceedings are started a,gainst you,you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender~,which may also include other reasonable costs. If vou cure the default within the THIRTY (30) DA I period. vou will not be reuuired to pav attorney's tees. OTHER LENDER REMEDIES - - The lender may also sue you personally for the unpaid principal balance ana all other sums due under the mortgage. 00'258/.1'2 HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wells Fargo Home Mortgage 3476 Stateview Boulevard Fort Mill, SC 29715 1-800-766-0987 803.396-6063 Clarice Townsend EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMYTION OF MORTGAGE - You _ mayor _ 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 PAYOFF 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 OCCURREDA IF YOU CURE THE DEFAULT. (HOWEVE~ YOU DO NOT HAVE THIS RIGHT TO ",URE YOUR DEFAULT MORE TflAN THREn 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. APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY cces of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 171 02 (717) 541-1757 FAX# (717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, P A 17013 (717)243-3818 FAX# (717) 731-9589 Community Action Commission of the Capital Region 1514 Derty Street Harrisburg, PA 17104 (717) 232-9757 FAX# (717) 234-2227 Adams County Housing Aurhority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397. ~ ~I\~ ~ ~ "'~ ~. (~ c-.I ~ '"" .1 '" C. ~\ - " ("-'~ -Y1 -~ :~ r:l ~~ . ."~ (Ej .. . ",'1 (~:~) (..1"1 _ _ro" C> ." SHERIFF'S RETURN - REGULAR CASE NO: 2005-01285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS CAMPBELL RODSON A ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CAMPBELL RODSON A DEFENDANT at 1208:00 HOURS, on the 21st day of March at 815 RIDGEWOOD DRIVE MECHANICSBURG, PA 17055 RODSON A CAMPBELL by handing to t 2005 a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.88 .00 10.00 .00 36.88 So Answers: #"',,r') /" /~ .-;;1J' ;;:;lt~_;'~~':;":J."t;;:;"/'d:C.,,, ci/:::.~~~'i,:",r r ~. '''1 ..~"~ R. Thomas Kline 03/22/2005 MARTHA VON ROSENSTIEL me this day of Sworn and Subscribed to before By: '~] . ~ SHERIFF'S RETURN - REGULAR CASE NO: 2005-01285 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELLS FARGO BANK NA VS CAMPBELL RODSON A ET AL CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn accordin to law, says, the within COMPLAINT - MORT FORE was served upon CAMPBELL ANGELA M DEFENDANT , at 1208:00 HOURS, on the 21st day of March at 815 RIDGEWOOD DRIVE MECHANICSBURG, PA 17055 RODSON A CAMPBELL, by handing to ADULT IN CHARGE he 2005 a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: _7",,"('2//7 . ~/.4 '1 ...9~~~;:'~5"C~.:[~ /~~~ R. Thomas Kline 03/22/2005 MARTHA VON ROSENSTIEL Sworn and Subscribed to before By: me . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WELLS FARGO BANK, PLAINTIFF jdft) 2005~ RODSON CAMPBELL AND ANGELA CAMPBELL, DEFENDANTS DEFENDANTS' ANSWER I. Admitted. 2. Admitted. 3. Admitted. 4. After a reasonable investigation, Defendants are unable to confirm or deny the averment. To the extent that an answer is required, the averment is denied. Strict proof is required at trial. A copy ofthe assignment is requested.. 5. After a reasonable investigation, Defendants are unable to confirm or deny the averment. To the extent that an answer is required, the averment is denied. Strict proof is required at trial. A copy ofthe assignment is requested.. 6. States legal conclusions. No response required. 7. Admitted. 8. Admitted. 9. Admitted in part. Itemized mounts not admitted. Denied to the extent that an answer is required.. 10. States legal conclusions. Denied to the extent that an answer is required. Attorney fee amounts are disputed. II. Admitted. tru-(?, oy;Ci" .., I:;L , ( D <; Vicki Piontek Date 24 West Governor Road Hershey, P A 17033 717-533-7472 ....l_ .. IN THE CouRT OF COMMON PLEAS OF CUMBERLAND COUNTY WELLS FARGO BANK, PLAINTIFF RODS ON CAMPBELL AND ANGELA CAMPBELL, 2005-1282 DEFENDANTS VERIFICATION We, Rodson Campbell and Angela Campbell, affirm that the statements in the attached answer are true and accurate to the best of our knowledge, understanding and belief. ?~;v.C1C~~11c;5 Rodson Campbell Date di d' I ! ~,. ':' D4/~ '0- ~/ ~ - (c~(f!~L-/ .r/,.," ""'=-- An a Campbell Date . - ....... . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY WELLS FARGO BANK, PLAINTIFF RODSON CAMPBELL AND ANGELA CAMPBELL, 2005-1282 DEFENDANTS Certificate of Service Attorney Vicki Piontek affirms that she is the attorney for the above captioned Defendants, and that on the ? , -> I- day of i" r ,', I ,2005, she sent a copy of the attached answer to the following parties at the following addresses: Martha Von Rosenstiel 649 South A venue, Unit 7 P.O. Box 307 Secane,PA 19018 \\\ - - ('\ \'j u-. , Ij/,- ,;>--..-ir-<fL Vicki Piontek Date 24 West Governor Road Hershey, P A 17033 717-533-7472 L1/~1/.o) 1~\ ('j .\\ .-' .~~-J ,,- \., ->"' \ .~-' / .- .' / 0';: ~~ \(; ) '~y Martha E. Von Rosenstiel, Esquire Martha E. Von Rosenstiel, P_c. 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887, Extension 10 Attorney For Plaintiff WELLS FARGO BANK, NA, SUCCESSOR: BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY 051285 CIVIL TERM vs, RODSON A. CAMPBELL AND ANGELA M. CAMPBELL Defendants PERSONS TO BE NOTIFIED Martha E, Von Rosenstiel, Esquire Attorney for Plaintiff 649 South Avenue, Unit #7 Secane, PA 19018 Vicki Piontek, Esxquire Attorney for Defendants Rodson A. Campbell and Angela M. Campbell 24 West Governor Road Hershey, P A 17033 Martha E. Von Rosenstiel Attorney for Plaintiff J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. WELLS FARGO BANK, NA, SUCCESSOR: BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff CASE NO: 05 1285 CIVIL TERM VS. RODS ON A. CAMPBELL AND ANGELA M. CAMPBELL Defendants ORDER AND NOW, to wit, this day of , 2005, upon consideration of the foregoing Motion for Summary Judgment, the court having determined that there is no genuine issue of material fact remaining unresolved between the parties, it is ORDERED that judgment is entered in favor ofthe plaintiff and against the defendants defendants for foreclosure and sale of premises 815 Ridgewood Drive, Mechanicsburg, PA 17055 in the sum of $161,383.27, representing the amount presently due on the mortgage, plus interest from June 8, 2005 to the date of sale, plus costs. BY THE COURT: J. Martha E. Von Rosenstiel Attorney for Plaintiff /Movant 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887, Extension 10 Attorney LD, #52634 WELLS FARGO BANK, N.A., SUCCESSOR: BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CASE NO: 05 1285 CIVIL TERM RODSON A. CAMPBELL AND ANGELA M. CAMPBELL Defendants MOTION FOR SUMMARY JUDGMENT 1. The pleadings and affidavits filed of record and with this motion show that there is no genuine issue of material fact to be tried. 2. Defendants have admitted singing the mortgage at issue. 3. Defendants have admitted that the mortgage is in defimlt for the September 1, 2004 and subsequent payments, 4. Defendants has failed to advance one fact in support oftheir denial ofplaintiffs itemized damages, which would create an issue of fact between the parties or which would constitute an adequate defense to this mortgage foreclosure action. 5. Defendant's general denial of the amount due under the mortgage on the basis of insufficient information must be deemed an admission of Paragraph 9 ofthe complaint pursuant to PaRC.P. 1029(b). 6, Plaintiff has produced its business records as Exhibits I through VI in support ofthe allegations contained in its complaint. 7. Plaintiff is entitled to judgment as a matter of law for the reasons set forth in the accompanying brief. WHEREFORE, plaintiff respectfully requests that this Court enter summary judgment in favor of plaintiff and against the defendants for foreclosure and sale of premises 815 Ridgewood Drive, Mechanicsburg, PA 17055 in the sum of $161,383.27, representing the amount presently due on the mortgage pursuant too the affidavit of plaintiff, plus interest from June 8 :2005 to the date of sale, plus costs, /~ Martha E. Von Rosenstiel Attorney for Plaintiff VERIFICATION 5'vskt'l IJEWT PN hereby states that he/she is employed as \/I~ tV'CSI~ loav,. D<X--U4ine-M bKof Wells Fargo Bank, NA, plainitffherein; that he/she is offull age and duly authorized to take this verification on behalf of the plaintiff herein and that he/she hereby verifies the facts set forth in the foregoing Motion for Summary Judgment, and affirms that they are true and correct to the best of his /her knowledge, information and belief This verification is made subject to the penalties of 18 Pa. c.s, 94904 relating to unsworn falsification to authorities. ~~- ~Iton Title: Vice President Loan Documentation Wells Fargo Bank, N.A. Dated: ~ (2)>{ 05' Martha E. Von Rosenstiel, Esquire Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887, Extension 10 Attorney For Plaintiff WELLS FARGO BANK, NA, SUCCESSOR: BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY 051285 CIVIL TERM vs. RODSON A CAMPBELL AND ANGELA M. CAMPBELL Defendants AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT SUSAN NEWTON, of full age, being duly sworn according to law deposes and says: I. I am Vice President of Loan Documentation of Wells Fargo Bank, N.A., to Wells Fargo Home Mortgage, Inc., and I am the custodian of the files ofthis company relating to collection of mortgage payments, investigation of delinquencies in payment and recommendations for legal action and foreclosure of mortgage where necessary. 2. I make this affidavit in support of Plaintiffs Motion for Summary Judgment based upon my personal knowledge of the matters referred to, and the records ofthis company relating to the servicing of the mortgage of Rods on A Campbell and Angela M, Campbell which have been routinely and contemporaneously maintained in the course of the business of servicing this loan, as required by this company. EXHIBIT -=r- 3. On November 12, 1997, Rodson A. Campbell and Angela M. Campbell executed a Mortgage and Note to Fleet Mortgage Corp, The mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1416, page 815, secured on premises commonly known as 815 Ridgewood Drive, Mechanicsburg P A 17055-2229 (a copy of the recorded mortgage is attached as Exhibit II and a copy of the Note is attached as Exhibit III). 4, On November 12, 1997 the mortgage was assigned to Eastern Heights Bank by written assignment recorded on November 17, 1997 in the Office ofthe Recorder of Deeds of Cumberland County in Record Book 562, page 324, 5. On September 11, 1999 Eastern Heights Bank merged into Norwest Bank Minnesota, National Association. 6. On February 20, 2004 Norwest Bank Minnesota, National Association merged into Wells Fargo Bank, National Association. 7. The original principal balance of the mortgage was $148,500.00. 8. The loan bears an adjustable rate of interest, which is presently 7.8750% per annum. 9. The loan documents require amortized payments of principal and interest over the thirty-year term ofthe loan, beginning on January 1, 1998 and continuing until December 1, 2027. 10. The monthly payment of principal and interest is $1,075,05. 11. There is no monthly escrow payment collected on this loan and mortgagors are responsible for payment oftaxes and insurance as they become due. 12, The Note signed by the defendants provides for a late charge for any payment made after the 15th day of the month in which it is due. This late charge is 5% of the monthly payment of principal and interest, or $53,75 per month, . 13, Since January 15,2004, the defendants have made the following payments to this company, which have been credited as follows: Date paid 01/15/04 03/25/04 04/30/04 06/29/04 08/11/04 10/12/04 11111104 12/15/04 Amount paid $ 1,075.05 2,272.60 1,128.80 1,182.55 1,128.80 1,100.00 1,500.00 1,090.05 Applied to 01/04 02/04, 03/04 04/04 plus late charge $53.75 05/04 plus late charge $53.75 06/04 plus late charge $53.75 To Unapplied funds 07/04 $424.95 to unapplied funds 08/04 plus inspection fee A copy of the computer payment histories maintained by this company showing application of all payments between July 28,2003 and the present is attached as Exhibit IV, 14. No payments have been received on this account since November 11, 2004, and the account is in default for the September 1, 2004 and subsequent mortgage payments. 15, There is presently a credit for unapplied funds, paid by the mortgagors, but insufficient to pay a monthly mortgage payment, in the amount of$717,66. 16, The mortgagors failed to pay taxes as they became due, and this company has paid the following real estate taxes on behalf of the mortgagors: Tran. date 9/2/04 9/2/04 9/2/04 9/2/04 12/8/04 Payment $ 62,06 $7,093,70 $ 620.59 $2,455,54 $2,058,00 Purpose City Tax Disbursement City Tax Disbursement City Tax Disbursement School Tax Disbursement Hazard Insurance Balance/deficit ($ 62.06) ($ 7,155.76) ($ 7,776.35) ($10,231.89) ($12,289.89) Complete payment histories detailing the escrow deposills and escrow disbursements are attached hereto as Exhibit IV. 17, At the present time, the escrow deficit is $12,289.89. 18, On November 15, 2004 this company sent to the mortgagors a Combined Notice of Intention to Foreclose and Accelerate Loan Balance and Notice of Homeowners Emergency Mortgage Assistance Act by certified mail and regular mail (Exhibit V). 19, The notices were delivered by the United States Postal Service on November 20, 2004 (Exhibit VI). 20, This company has no record of an application for assistance having been filed by the mortgagors, 21, The following amounts are now due under the mortgage document: Principal balance Interest 08/01/04 to 06/07/05 at 7.875% ($29.67 per diem) Escrow deficit for taxes and insurance paid Corporate advance balance Credit for unapplied funds balance Reasonable attorney's fees and costs for work actually performed to date, as follows: Title search Reasonable fee actually incurred by investor for review of mortgage foreclosure action and filing of complaint Reasonable fee actually incurred by investor for review of Answer, preparation and filing of Motion for Summary Judgment 5 hours at $150.00 per hour Total $137,563,08 $ 9,227.37 $ 12,289,89 $ 620.59 ($ 717,66) $ 400.00 $ 1,250.00 $ 750,00 $161,383.27 I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief. I am aware that false statements herein are subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. .. ~ ~ ..;" RODSON A. CAMPBELL Loon No, 194-186 ADJUSTABLE RATE NOTE (1 Year Tnasury Index - Rale Cops - Flxed Rale Connrslon OptiOII) THIS' NOTE CONTAINS PROVISIONS Al.LOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTIll.Y PAYMENT. THIS NOTE l.IMITS 'IRE AMOUNT MY ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. tHIS NOTE AlSO CONTAUIS THE OPTION TO CONVERT MY ADJUSTABLE RATE TO A FIXED RATE. . NOVEMJlER 12, 19!17 , PENNSYLVANIA lei!:)'1 IStale1 "1~,~W.G,Ij;W9_QP',,\!~,,MIj:~!lNiJ!;,~,\\v.Il~,,r.IlN.NS,fH,"'!'i'^,11R$~. . i:'n>~rt)'AddICl'l 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, J promise to pay U,S. $148,500.00 (too amount is called "principal-), plus interest, to the order of the Lender. The Lem.ler is FLEET MORTGAGE COR.P. I understand that the Lender may transfer this Note. The Lender or anyone wlJO take" lhis NOle hy tr<lllster and wtm if> enti11ed tu l'eceive payments under this Note is called the "Nule Holder,' 2. INI1lREST Interest will be charged Oll unpaid principal UIl\il the fun anmunt of principal hali been paid. 1 will pay hUerest at a yearly rate ot' 6.125%. TIle inters:..<Iot f'Ate l wi11 pay may change in accordance with SectiUllS 4 or 5 of this NOle. The intc.ret:t r~te require!,) by this Section 2 and Secti()n.~ 4 or 5 uf this Note is th: f'dte J will pay bulb before and after any detault described in Sel.1ion 8(B) of this Note. ). PAYMENl'S (A) 1'lme and Place 01 Payments 1 will pay principal and interest by making payments every monlh. I will make my mondIly payments on the first day of eacb. month bejilming on JANUARY 1, 1998. I will make these ~ payments every month WitH J have paid aU of me principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, un DECEMBER 1, 2017, I still owe amounts ullder tbig Note, I will pay those amountF: in full 011 that date, which is called the: -Maturity Date.. I will make my mOlltWy payments at FLEET MORTGAGE CORP., P.O. BOX 314", MJLWAUKKEi WISCONSIN 53101 or at a different place if requirell by the Note Holder. {U) Amount of My Initial Monlllly Payment!l Each of "illY iiituil mondily payments will be in tll~ :iJ.noulit of U.S. $0. '902.30, ~This amount may change. (C) Monthly Payment Cbanges , Changes in my monthly payment will retlect changes in the unpaid principal of my loan and in dle interest rate that I must pay. The Note Holder will detennine my new interest rate and the changed amount of my montlIly payment in accordance witll Sections 4 or 5 of this Note. 4. ADJUSTABLEINI1lREST RATE AND MOmlll.Y PAYMENT CHANGES (Al CbaDg. Dates The adjustable interest rate .. will pay may chanee.on tlie first day of DECEMBER, 1998, and on that day every 12th month lhereafter. Each date on whicl1 my adjustable interest rate could cbalJi,e is called a "Cbange Date.. (B) The Index Beginning with the ftrst Change Date, my adjusllible interest rate will be based on an Index. The "Index. is the weekly averdge yield on United States Trea.~ury securities adjusted to a constant maturity of 1 ye~lr, as made available by die Federal Reserve Bmud. The most recent lndex figure available as of th.e date 45 days before each Chan,ite Date .is caRed the .Currertt Index." If the Index is 1\0 lonZer available, the j~utf Holder will choose a new inde~: wbkb is based upon comparable lnfonnation. The Note Holder will give IDe notice of this choice. (C) Cakulation of CbRnges Before each CIwnge Date, the Note Holder will cak'lllate my new interest f'Ate by aodin& Three and . one-half percentage point(s) (3.50) to the Current Index.. The Note Holder win then round the result of this addition to the nearest one-eighth of one percenta&e point (0.125%). Subject to the Umitr. stated in Se<..'tion 4(D) below, this rounded amount will be my new interest rate untiL the next Change Date. TIle Note Hohler will tJlen determine the amount of Ule monthly payment that would be sufficient to repay the unpaid principal that J am expected to owe at the Chanie Date in full on the Maturity Date at my new interest rate in substantially equal payments, The result of this calculation will be the new amount of my mondIly paymem. (D) UJDlt& on lDtertSt Rate ClWlge.s TIle interest rate I am required to pay at tlle tirst Change Date will not be greateJ' tha.nB.US" or less than 4.115%. TI1e-reafter I my adjustable interest rate will never be increased or decreased on any single Change Date by more than TWO percentale points (2.oollo) from the rate of interest I have been paying for the precedina 12 months. My interest rate will never be greater than :11.50% which is called the "Maximum Rate." MULTlSTATE CONVeRTIBLE ADJUSTA8lE RATE NOTE-Single F8m~r r....lury Ind....Fennl. M.. Untform Inlltn1ment t Form421a18El031. ".. EXHIBIT Form35081189 {pagll1 of3p.ge./ 0' '.- .. ~E) Effective Date 01 Cbanaes My new interest rate will become effective on euch Change Date. J will pay the: amount of my new monthly payment "beginning oflothc tirst mumhly payment l.Iate aller the Change Date until the amoont of my monthly payment changes again. eF) Notice 01 Chanles The Note Holder will deliver or mail to me a noti~ of any changes ~ my adjustable imerest rate and tl;1e umoulU of my monthly paymeo( before the effective date of allY change. The notice will i1x:lul.le il11:ormatiou required by law to be &iven me and also the titJe and telephone number of a perwn who will answer any question I Olay have rtJ:arding the notice, 5. FIXED INTIlREST RATE CONVERSION OPTION (A) Option to Convert to Fixed Rate I have a Conversion Option that I can exercise unles!lll am in detault or this Section 5(A) will not pennit me to do so. The "Conversion Option- is my option to cooven the interest f'clte 1 wn required to pa:, by this Note from an adjustable rate with interest rate limits to the fIXed rate calculated umlel' Section 5(B) below. The conversion can, only take place on It date(s) specitied by the Note Holder during the period begiD11.ina on the first ChanEe Date and ending on lhe fifth OWl.lte Date. Each l.Iate on which my adjustab:le interest rate can conven to the new fw:d rate is called the "Conversiull Date. - If I want to exercise the Conversion Option, I must tirst meet certain comlitio1l8. Those conditions are that: (i) I must give the Note Holder notice that 1 want to do so; lii) Oil the Conversion Dale, I must 1M be in default under dIe Note or th~ Security Ipstrument; (Ui) by a date .specified by the Note Holder, I must pay die Note Holder a conversion reo of U, s. $ZSO,OO~ and (iv) I must sign and give the Nole Holder :Illy documents the Note Holder mquires to effect the conversion. (B) CokulalJon 01 FIxed Rate My new, fa.ed interest rate will be equal to the Federal National Mortgage A8soc~:ltion's required net yield 88 ofa date and time of day specified by the Note Holder for (i) if the oria:inal tenn of this Note is greater than 15 years, 30~year fixed rate mortgages covered by applicable 6O-day mandatory l.Ielivery conunitments, plus five-eighths of one percentale point (0.625%), rounded to the nearest one-ei&hth of one percentage point (0.125%), or Oi) :ifthe original tenn of this Note is 15 years or less, IS-year fixed rate mortgages covered by applicable 60-l.Iay mll.lltlatory delivery conunitments, plus five-eighdu of one percenta&e point (0.625%), rounded to t"~ nearest OIIe-eighth of one perceIUage point (0,125%). If this required net yield cannot be detennined because the applicable commitments are not availahle, the Note Holder will determine my interest 1'ate by usina: comparable infol'llllttion. My new rate calculated under this Section 5(B) will not be greate.r than the Maximum Rate stated in Section 4(0) above. (C) New Paymenl Amouul and Bffecdve Date If I choose to exercise the Conversion Option, the Note Holder will delennine the amount of the monthly payment that would be sufficient to repay the unpaid principal I am expected to owe on the Convention Date in fun on the Maturity Date at my new fixed interest rate in substantially equal payments. TIle result of this calculation wiU be the new amount of my monthly payment. BegiWliug with my tina monthly payment after Ule Conversion Date, I win pay the new amount as Illy mont1lly payment until the Maturity Date. 6. BORROWER'S RIGHT TO PREPAY I have dIe rie-ht to make paymentll of principal at any time bet'llre dley are due. A payment of principal only is known as a ~ prepayment. - Wilen I make a prepayment, I willlell the Note Holder in writing thall 1 am doin& so, I may make a full prepayment or partial prepayments without paying any prepayment charle. The Note Holder win use all of my prepayments to reduce the amount of principal that I owe under this N ate. If I make a partial prepayment, there will be no chan&es in the due dates of my monthly paymenls unless dIe Note Holder agl't:es in writine to those changes. My partial prepayment may reduce the amount of my monthly paymentS atler the fLrst Chan&e Date following my partial prepayment. However. any reduction due to my partial prep"yment may be offset by an interest rate increase. 7. WAN CHARGIlS If a law, which applies to dlis loan and w1~clJ sets maximum loan chari-res, is finally interpreted so that the interest or other loau charees collected or to be collected in connection with this loan exceed the pemlitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennilted limit; and (Ii) any sums already collected from me which exceeded permitted limits will he refunded to me. The Note Holder may choose to make this refund by red.ucifiJ dIe principal I owe under this Note or by makill~ a l.Iirect payment to me. If a refund reduces principal, the reduction win be treated as a partial prepayment. 8. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Cbarae5 for Overdue Paymenls If the Note Holder has not received tile full amount of any tnonddy payment by the: end of 15 calendar days after the date it is due, I win pay a late charge to the NOle Holller. The amount of the charl~e will be five (5)$ of my overdue payment of principal and interest. I will pay thi!! late charge promptly but only once on eat:h late payment. (B} Dd'ault If I do not pay the full amount of each monthly payment 011 the date it is due, 1 will be in default. (C) Notlte 01 Default If I am in default, the Note Holder IDay send me a written notice telling me that if [ doJ 110t pay the overdue amount by a cenain date, 1lle Note Holder may require me to pay immediately dIe full amount of princillaJ which has not been paid and all the interest that J owe on that amowtt. That date must be at least 30 days after the date nn which the notice is. delivered or mailed to me. CD) No Waiver By Note Holder Even if, at a time when I CUll in default, the N'ote Holder does not require me to P~IY immediately in full as described above, the Note Holder will still have the rillH to do so if I am in default at a later time. Loan Nt>. 194786 Form 4218 18D03) Form 3508 1/89 (p.ge 2 of 3 plge') (E) Payment 01 Note Holder's Costs and Expenses l.oal\ No, 194,86 ~ th~ Note Holder.bas requi~~d me to pay immediac7ly i": ful! us d~scribed above, the Note Holder will have the right to ~ be paJd bac~ ~y me f~r all of liS costs and expenses II) cilflll'Clllg d11-'\ Note to the extent nut prohibited by applicable law. Those expenses mclud.e, for example, reasonable attorneys' fee!'. 9. GIVING OF NOTICES Unless applicable law requires a differenl mdthotl, any nutice that mu.'n be given to me under this Note will be given by deJiverin&' it or by mailing it by tirst class mail to me at tlle Property Address lIbove or at a different address if I iive the Note Holder a notice of my different addresi'. Unless the Note Holder requires a different methOll, ally notice that must be given to the Note Holder under dlis Note will be given by mailing it by tirst class IIIl1il to the Note Holder at the address stated in Section 3(A) above or at a different address if] am a:iven a notice of that different address. 10. OBUGATlONS OF PERSONS UNDER THIS NOTE If more than one pen;on Si2"l18 Qlis Note, each per!illll is fully aUlI personally obligated to keep aU ufthe promises made in dlis Note, including the promise to pay tilt; full amount uwell. AllY person who i.'; a guardlltor, surety or endorser of this Note is also obligated to do tht5e things. Any person who takes over dlese obJi&:ation.~, illcludin& the obligations of a iU8J1lll1or, surety or endorser of this Note, is also obligated to keep all of the promisc:s made jn this Note. The Note Holder may enforce its rights under this Note 19a1tlst each perwn indivl\luaUy or aa:ainsl all of us together. This means that anyone of us may be required to pay all of tbe amuunts owed uuder dllJl. NQte. 11. WAIVERS I and any O(ber person who has obJieatiolls uutler this Note waive the rights ofprellentment and notice of dishonor. "Pre..'\entment" means the right to require the Norc Holder to delTland payment IIf amOUllU due. "Notice of dishonor" means the rieht to require the Note Holder to give nOlice to tither persuns lhat amount~ due have 1I0t been paid. 12. UNIFORM SECURED NOTE This Note is a unifonn instrument with limited variations in some jurisdictions. In addjlion to the protectioWl given to the Note Holder under this Note. a MOftWlite, Deed of Tru'iot or Security Deed (the "Security lw;trument"), dated the same date as this Note, protects tbe Note Holder from possible lmi!\eS which mi~ht result if 1 do !lot keep the promises which I make in this Note, nUtt Security lnstnunent describes how and under what conditium. I may be required to make immediate payment in full of all amounl'l. 1 owe under this Note. Some of those conditions are described as. follows: (A.) Until I exercise my Conversion Option under the conditions slated in Section 5 of this Adjustable Rate Note, Unifonn Covenant 17 of the Security Instrument i." described as follows: Transfer of tile Property or a BeMfidallnterest In Borrower. If all or any part of the Propeny or any interest in it is sold or transferred (or if a benefLcial illtet'l;Uit in Borrower i!l. sold or transferred and Borrower is not a natural person) without 'Lender's prior written consent, Lender may, at it." option, require immediate payment in full of all sums secured by this ,~SecUrity Instrument. However, this option shall not be exercised by lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise tl1is opdon if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended trdnsferee as if a new,loan were. being made to the transferee; and (b) lender reasonably determines that Lender' .'I security will not be impaired by the loan 3sswnption and that the risk of a breach of any covenant or a.greement in this Security lnstrument is acceptable to Lender. To the Cl.tent pennitted by applicable law. Lender may charee a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require ttle tral1sreree to Si2'D an assumption a,e:l'e(:ment that is acceptable to Lender and that oblij:ates the transferee to keep aU tlte promises and agrw:nents made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security [nstrume:nt unless Lender releases Borrower in wriline. if Lender exercises the option to require immediate payment in full. Lemler shall give Borrower notice of accelerdtion. The notice shaU provide a period of not less than 30 days from the date the 110til.:e is delivered or mailed within wblct1 Borrower must pay all sums secured by this Security lnstnunent. If Borrower faiL"! to pay these swns prior to the expiration of this periOd. Lender may invoke any remedies pennitted by this Security Insttumenl: without further notice or demand on Borrower. (B) If I exercise my Conversion Option under the conditions stated in Section 5 of this Adjustable Rate Note, Unifonn Covenant 17 of the Security Instrument descrit...!!l in Section 12(A) abo...e shall tW~n cwe to be in effect, and Unifonn Covenant 17 of the Security Instnunent shaJl in.C1tead be described as foJJows: Transfer of the Property or 8 BeDelldalldterest in Borrower. If all or any part of thE: Property or any interest in it is 1'0Jd or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a Datural penon) without Lender's prior written CQllSent, Lender may. at its option. require immediate paymlmt in full of aU sums secured by this Security lnstnunent. However. this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender ex.ercises this option. Lender shall eive Borrower notice l)f acceleration. TIle notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within whicb Borrower must pay all sums secured by this Sel.'Utity Instrument. If Borrower tails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security lnsmunent without further notice or demand on Bormwer. WITNESS TIlE HAND(S) AND SEAL(S) OF THE UNDERSJONED. ~~ ~#&fr r OJ' Jp ~~.~~..,',..,',..,"',..~~: ~lc...cL.L.~......__.........(Sca1} M. CAMPBELL .Bo/1OWllr rt.y TO TH'2 ORDER OF EASTE:'",N'r;~JG'HTS '3t~r:.:: W17l!OUT r;:COURSF. r;~E.Ef VlORTGAGF CORP. ~;~~~ . ,."",."",..",.."",.."",."",,(S,aJ) -Borrower ."."""....",(Sea1) -B"':mw~r {Sign Original Only} Ftlrm 4218 (9903) Form 3508 "119 (p.Qe 3 of 3 p.ve.1 /- CONVERSION AGREEMENT (Conversion to a fixed mte loan) ....**...............*.......*...................lI<....*...........*..... Loan Nwnber: 233046IClient: 472 Date: Jroauary 01, 2001 ...................................................'...................... THIS AGREEMENT made on this day, January I 2001, between Rodson A Campbell and Angela M Campbell (BORROWERS) and Wells Fargo Home Mortgage, (NOTEHOLDER) modifies and amends certain tenns of borrower's indebtedness evidenced by an adjustable mte note (collectively, the'''note instrument') to Wells Fargo Home Mortgage, which is secured by a mortgage, adjustable mte rider (collectively,the "security instrument') of the same date and covering tile property described in the security instrument and located at: 815 Ridgewood Dr Mechanicsburg PA 17055 (pROPERTY ADDRESS) In consideration of borrower's exercise ofborrower's option to convert 'borrower's adjustable mte loan to a fixed mte loan pursuant to the provisions of tile note instrument and the security instrumenteffective March I, 200 I, The note instrument and security instrument are Ilereby modified and amended as follows: The parties in this AGREEMENT agree as follows: L MODIFIED TERMS, The terms of tile Note are modified as follow:!: a. Section 2 is modified by changing the interest mte to 7,875%, The 3rd sentence of Section 2 is deleted. b. Section 3(B) of tile note is changed to read: Amount of my montllly principal and interest payments will be in the amount of$1075.05 beginning with the payment due on Aprill,2ooL c. Sections 4 and 5 are deleted in their entirety, All other tenus of the NOTE are unchanged. 2, This Agreement is not binding, in whole or in part on NOTEHOLDER until executed by NOTEHOLDER. Executed by the parties to this agreement on the day and year first above written. BY: TITLE: Assistant Vice P ident karkw. a,~!Q Rodson A Campbell '- dr~~~JiJ- ""-~;;g~- mpbell I ~- 0,111 {Ol AR29912xell Special Loans, MAC X5401..Q17 '"I "", -, ." ,'. COmmCTIONAGREEMENT LIMITED POWER OF ATIORNEY On F~~ 0 I ,~OO \ , the undersigned borrower (s) for and in'consideration oftbe conversion of irmortgage loan No, 2330461, hereby grant Wells Fargo Home Mortgage, Inc., as selVicer of their loan limited power of attorney to correct and I or execute or initial all typographical or clerical errors discO\lered in any or all of the conversion documentation required to be executed by the undersigned. In the C\lent this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the doci1ment executed or initialed on their behalf THIS LIMITED POWER OF A TIORNEY MAY NOT BE USED TO INCREASE THE INTEREST .RA TE THE UNDERSIGNED I PAYING, INCREASE THE TERM OF THE UNDERSIGNED'S LOAN, INCREASE THE UNDERSIGNED'S OUTSTANDING PRINCIPAL BALANCE OR INCREASE TIlE UNDERSIGNED'S MONTHLY PRINCIPAL AND INTEREST PAYJlIlENTS, Any of these specified changes must be executed directly by the undersigned. 1bis limited power ofaltomey shall automatically terminate 120 days ftom the conversion date of the undersigned's mortgage loan, 2~o r~D,p~O Rod,on A Campbell "I:- _ ~'~1a- Cr ~IQ~~ - 02--01-01 Special Loans Department Mac XS401.Q17 te: 2/10/2005 Time: 7: 47 AM To: ATY-PA-VON 472 23,30 461 @ 16103282875 Page: 002-013 ._~...."-' 3 151-~ ...e....; .... 3-~'\ " '.f,. ." ;. ~::;: F. r: "'[ ::0 I "'C' f' :. .: ':; :.: ;):: i'? . ,"')"';:. \ 'li ~~ -,,:-[)' :' .. . .' . l.. ~ CUI'''';.iclMIIJ couiir ;': :'.f. ~9'1 NOil 1'1 PfTl 2~2 When Recorded Mail To: Am Mongage Corp. 11200 West Parkland AVCllUC, Athl: Dept. 0266, Snppon Area MilWlllWe, WiscollSin 53224 [Spa.. Above Tbb IJDe For ~otc!llll Dala] 'l\'lORTGAGE Loan Number 194786 TIilS MORTGAOE ('Security IDlIll'ument') is given on NOVEMBER 12, l'W7. The mortgagor is RODSON A. CAMPBELL and ANGELA M. CAMPBELL, HUSBAND AND WIFE ('BorrQW(>>,'). This Security Instrument is given to FLEET MORTGAGE CORP., whiCh is orsanlzllll Uld existing uader the laws of1'BE STATE OF SOUTH CAROLINA, and whose at!(lress Is 1333 MAIN STREET, SUITE 700, COLUMBIA, SOUTH CAROLINA 2lJZOI ('Lender"), Borrower OWll. Lender the principal sum of ONE HUNDRED FORTY.EIGHT THOUSA:lW FIVE HUNDRED AND OO/100tbl Dollan (U,S,$I48,500.00). Thi. debt is evidenced by Borrower'. note dated the same <laIC as thl. Security Instrument ('Note"), which ptClVide. for monthly payments, with the lUll debt, jfnot paid earlier, due and payable on DECEMBER 1,2017. This Security [lIStrument secures to Lender: (8) the repayment of the debt evidenced by,!he Note. with interest, aud all renewal., extensions and modifications of the Note; (b) the paymctlt of all other sums. with inlere!;t, advanced under paraaraph 7 to proteot the security of this Security InBtrument: and (c) the performance of Bonower'a covenants and agreements under this Security lustrwnent and the Note. For this PUI]lOIe, Borrower does hereby mortgage, grallt and convey to Lender the following deacribed property looated in CUMBERLAND County, Pennsylvania: SEE EXlDBIT "A" A'IT ACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES. ' . Tax Parcel IdentifIcation Number: which has the address of 815 RlDGEWOOD DR PeJltISylvania 17055 lZlpGO<l.j , [a~ ("Property Address"); , MECHANICSBURG [ci\y) '. PENNSYLV ANIA.,9inglo Pamlly-l'al1l1ie MaeIFroddle Mae VNIFORM INSTRUMENT GMD 0150 (1193) l'_ 3039 9190 Ipag" 1 of 6 pages) .' ~ . EXHIBIT ~ BOOK1415,. 94Q, 10/2005 Time: 7:47 AM To: ATY-PA-VON 472 2330 461 @ 16103282875 Page: 003-013 iO!!m!!R WIm all the improvements now or hereafter erected on the prop,rty, and all easemellls, appurtenaDCeS, and " now or hereafter a part of the property. All rep1acemenlB and additiOIlll shall also be covered by this Security llllllrumeDt. 'the foregoing is referred to in this Security Instrument IlIl the "Property." lRROWER COVBNANTS that Borrower la lawful1y seised of the estate hereby conveyed and ball the right to mortgsge, and convey the Property and that the Property is unencumbered, eAcept for eucUlllbrllllCl:S uf =unl. Burruwer WlIITllIll8 ill defelld geuerally the title to the Property against all claims and demands, IIUbjecl to any encumbrances of record, US SECURITY INSTRUMENT combines uniform covelWllS for -ow use and non-unifonn covenants with limited Ions by jurisdiction to constitute a UJliform security imttument cov.n1lll real property. ~IPORM COVllNANTS, Borrower aod Lellder covelWlt and agree as follows: Payment of Prim:lpal and Interest; ~ and Late CharJCII. Borrower shall promptly pay when due the prilu:ipal I interest on the debt evidenced by the Note aod any prepayment and late charges due under the Note. Funds for Taxs alld llllUr&nCl!. Subject to ~ble law or to a written waiver by Lender, Borrower shall pay to Lender e day monthly psymentS are due undet the Note, until the Note Is paid in full, a sum ("Funds") for: (a) yearly IlIxCS and melllS which may attain priority over Ibis Security ItlSttUlllC1lt .. ..lieu Ull the Property; (b) Y.lllly I....mold paymc:lIls or d Nnlll on the Property, if any: (c) yearly hazard or property iasuranoe premiums; (d) yearly f100d ill8UIlll1l:C premiums, if (e) yearly mortjlage i~ premiums, if ilnh and (f) any 8IIllIS payable by Elorrower to Lender, in accordance with the <ions of psragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." II may. at any time. collect aod hold Funds in an amount not to exceed the, maximum amount a lender for a federally d mortgase loan may roquiN for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of as amended from time to time, 12 U.S,C. I 2601 et seq. ("JUlSPA "), unless llnother law rhat applies to the Funds sets a amount, If so, Lender may, at any time, collect and hold Funds in an amount oot to exceed the lesaer amount. Lender may ale the amount of Funds due 011 the basis of cunen! dam ami reasonable estimates of expenditures of fulUN Bscrow Items or wise in accordance 'with a~le law. , , le Funds shaI1 b. held ill an illSnlUtion whose deposits are insured by a federal "li:ency, instrumentality. or entily (including !l, if Lender is such an ill8timtion) or ill any Federal flome Loan Bank. Leudl,r shaI1 apply the Funds 10 pay the Bscrow . Lender may lID! charge Borrower for holmn, and applying the Funds, annually analyzing the escrow account, or 'iJlg the ilscrow Items, unless LeDder pays Borrower interest on the FImds and allplicable law permits Lender to make such llge. However, Lender may reqnire Borrower to pay a one-time charge for an independent real estale tax reporting service by Lender in cOlUleCtioll with this loan, unless applicable law provides otherwise, Unless an agreement is made or :able law reqnires illlere8tto be paid, Lender sbal1 not be required to pay Borrower any interest or earnings on the Funds. lwer and Lender may agree In writlng, however, tlJat Interest siIalI be pald on IlIte Funds. Lender shall give to Borrower, 'ut charge. an annuaIlICCOuntin& of the Funds, showing credits and debits to the Funds and the purpose for which eacl1 debil , Funds w.. made. The Funds ate pledged as additional security for all sums IlellUled by this Security Instrumenl, the Funds heW by Lender exceed \he amounlS pennitled to be held by applicable law, Lender shall aocountto Borrower for xceas !'unds in accordance with the requirements of applicable law. If the amowu of the !'unds held by Lender at any time t sufficient to pay the Escrow Items when due, Lender may so mtify Borrower in writing, and, in such case Borrower sbal1 o l.e1lder !be BmOUllI neccsSlUY to make up the deficiency. Borrower sball makf, up the deficiency in no more than twelve 1Iy payments, at Lender's sole discretion, pon payment in full of all 8UIDS ~ by X, Securily Instrument, Lender shall prompdy refund to Borrower any Funds by louder. If, wWer paragraph 21, Lender shal1 acquire or sell the Prop.rty, Lender, priur to the: ocquisition or sale of the: rty. ahall apply any FundB held by Lender at tlte time of acquisition or sale as a credit asainsl the sums se<:un:d by this try llllitlUmenl. ' Appll<atlon of Payments. Unless aJlllH.ahle law providea ntherwise, all payme"'tA received hy Lender u~r paragraph., I shall be applied: firsl, to any prepayment charges due under the Nole; second, to 8Illounts payable under paragraph 2; to illlerelll due: follrth, to principal due; ami iaBt, to any late charges due under the Note. Charllos; Liens. Borrower shall pay all taxeS, assessments, charges. fines and lmpositiollli attributable to the Property may attain priority over this Security IDStr\lltJe1lt, and leasehold payments 01' groolld rents, if allY. Borrower shall pay obligations In the manner provided in paragrapll2, orlfllOl paid in that manner, Borrower shall pay them on time directly , person owed payment. Borrower abaIl promptly furnish to Leoder all notices of amounlS to be paid under this paragraph, rower make. th.... payments directly, Borrower shall promptly fumish 10 Lender ll'eceipta eviclencin8 the paymenls. rrower shall promptly discharge any lien which h.. priorily over thi. Security lOBtrument unless Borrower: (a) agrees in 1/ to the payDICnt of tlte obllaation secuted by the lien in a m&IIIIer acceptable to l.enc1er; (b) conleslll in good faith the lien r defends against enforcement of the lien in, legal proceedings whiclt in the Lender's oplnioll operate to prevent the ement of the lien; or (c) secIlreS from the holder of !be lien an agreement satisfactory to Lender subordinating the lien to ecurity Instrument. If Lender detennllleS that any part of the Property is subj"';t to a lien which may attain priority over ecurity Instrument, Lender may give BllItOwet a notice identifying tbe lien. Borrower shall satisfy the lien or take one or If the actiuns ""t forth ..buv. within 10 tIlIys uf the givins uf lIlJlice. 11'0 (1193) Form 3039 9"0 (pag. Z 016 pag..) l~od4t6P1Gt 941 te: 2/10/2005 Time: 7:47 AM, To: ATY-PA-VON 472 23:30 461 @ 16103282875 Page: 004-013 S. HlZllrd or Property In,urance. Borrower shall keep the improvements now existing or he~ erected on the Property 'illS\lred against loss by fire, hazards included within the tenn 'extended coverage" and any other hazards, including floods or noodlng, for which Len4er requiros illSUl1lrlCe, This insllrancellhall be maintained in thl' amD1Illts and for the periods that Lender requires. The insurance carrier providing the ill5\lrlllll;O 1Iha11 be tho.." by Borrower subject to Lender's lIpproval which IIhallllOt be umeasoll&bly withheld, If Borrower fails to maintain coverage <Ie scribed above. Lender may, at Lender's option, obtain coverage to protect Lender', right, in the Propeny in llC<:ordanoe with paragraph 7, All insurance policies and renewals shaU be acceplable to Lender and shall inc1w1e a staDdard mortgage clause, Lender shall have the right to hold the policie. and renewal.. rfLenderrequim, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. [n the event of lOllS, Borrower shall give prompt notice to the illSU= carrier and Lender, Len4er may make proof of loss if not made promptly by Borrower, Unless Lendo:r and Borrower othel'wlse agree in wrItlDg, illSW'lllCC proc.eds shall be applied to mtoration or repair of the Property damag=d, if th< ....toration or Iepair is economically feaaible and Leeder's security is not less=<!, If tho restoration or repair is not ecollOlllicllily feasible or Lender's security would be lo.sened, the insura""e proceeds shall be applied to the 8UIDB SCClIl'ed by this Security [nstmment, whether or not then due. with any e..es. paid to Borrower. If Borrower abandons the Property, or does not answer within 30 day. a notice from Lender that the insura..,e carrier has offered to settle a claim, then Lender may collect the insU!llllCC proceeds, Lellder may \l8e the proceeds to repair or relltore the Property or to pay sums secured by this Security [nstrunlent, whether or not then due. The 30-day period will begin when the notice is given, Unless Lender and Borrower otherwise aaree in writing, any application of proceeds to principal shall not extend or postpone tho due date of the monthly payments referred to in pa1llgtllpbs I .nd 2 or chaJlI8e the amount of the payments. If under paragraph 2[ the Propeny is fIOquirad by ~r, Borrowc:r'. right to any ill9Urance pol'icics and proceeds resulting from damage to the Property prior to the acquisition shall pas. to LeruIer In the extent of the sums sccured by this Security Instrument immediately prior to the acquisitiou, 6. Occupancy, Preservation, MaintenaJK:e and Protection of the Property; Borrower'. Loan AppBc:atlon; Leaseholds. Borrower shall occupy , ..tablish, and use the Property as Borrower' 8 principal rosideme within sixty days after the execution of this Security Instrument and shall. continue to occupy the Property as Borrower'. principal residCllCe for at least one year afler the dale of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless eJt.teDllating clrcumswlccs exilt which are beyond Borrower's control. Borrower shall oot de,troy, damage or impair the Property, allow th.. Property to deteriorate, or commit waste on the Property. Bo.rower shal[ be in default if any forfeilllre action or proceeding, whether civil or criminal. is ]>e,.,n that in Lender's good faith iudsment could resu[t in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender'. security interest. Borrower may cure slJCh a default and reinstate. 'as provided in paragraph 18, by causing the action or proc"'''H~g to be dismissed with a roling that, in Lender's good faith detelDlinatioa, pre:!'ldes forfeiture of the Borrower's interest in the Property or other material impainnent of the lien created by this Security Instrwnent or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave m.terWly ~e or iIW:Curate Information or statements to Lender (or failed to provide Lender with any material information) in connection with the 10llU evidem:ed by the Not., including, but not limited to. representation. concernins Borrower'. occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acqui,..s fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protec:tIon of Lender'. R1ghtllln the Property, If Borrower falls to pcrfonn tlae covenants and agreements comained in this Security Insllument, or there is a legal proceeding that may sign;fi~aQtJy affect iLender's rights in the Property (such .. a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever i. necessary In protect the value of th; Properly lUId LewIer'. rights in the Property. Lender'. actioDS may i",,(ude paying any .ums .ecured by a lien which has priority over this Security [nstnunent, appearing in court, payillll reasonable attorneys' fees and entering nn the pmperty to make repairs. Although Lender may taIre action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this JIUlIBCllph 7 shall become additional debt of Borrower secured by this Security [nstnunent, UnlOllS Borrower and Lender agree to od1er renos of payment, these ILmount. shall bear interest from the d.te of disbUt1lCll1ent at the Note rate and shall be payable, with intereat, upotl notice from Lender to Borrower teqllC.ting payment. 8. Mort_e Insurance. If Lender required moltJ!age inliurlUll:O lIS a wmlition of making the loan ae<:ured by th[s Sco;urily InslrUment, Borrower shall pay tho premiuma required to maintain the mortgage ill8llrancc in effect, If, for any n:uou, the mortgage insurance coverage required by Lender [apse. or ce.... to be in effect, BoClrowor shall pay the premiums required to obtain coveralle substantially eqwvalent to the mortgage mrsnee previously in effect. at a cost substantially equivalent to the cost to Borrower of the mortgage insura""e previously in effect, from an alternate mortgage illSllrer approved by Lender. [f subslantiaUy equivalent mortgage iflBlllance coverage is not available, Borrower shall :pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premi1llO being paid by Borrower when dIe insurance coverage lapsed or ceased to be in effect. Lender will accept, use lUId retala tI1esc paymema as a 10.. reserve in lieu of mortgage insunnce. Loss reserve payments may no longer be n:quircd, alth< option of Lender, if mortgage iJl5llIllllCO coverage (in Ute: amount and for the period that Lender require.) provided by an insurer approved by Lender again becomes avail"bl. and is obllllncd, Borrower oh.n pay OMD OUO (1193) Form 303!1 !I/JO (pag. J ul6 pag..) BOOK1416rAct 942 te: 2/10/2005 Time: 7:47 AM To: ATY-PA-VON 472 2330 461 @ 16103282875 Page: ,005-013 the premiums required to maintain mortsage insuranCe in effect, or to provide a loss 1"l~serve. until the requirement for mortsase . illS\ltlllll:e ends in accordllIlCe with any written agreement between Borrower and Lender or applicable law. 9. Inspection, Lender or ira agent may make reuonableenmesuponalllliDspeCtionsoftheProperty. Lender shall give Borrower IlQtioe at the: time of or prior to an impectiOll specifyinB Il:lISOmble ClIWlC fur the illllp~tion, 10. Condemnation. The proceeds of any award or claim for damaacs. direcl: or consequential, in eoooection with any condemnation or other takins of any pari of the Property, or for convtyllllCe in lieu of condemnatioll, are hereby aa.igne<! and shall be paid to Lender. In the event of a tota1 taking of the ProperlY. lbe proceeds shall be applied to the SUDIB secured by thi. Security InstrumeDt, wbcther or oot then due, with any elcess paid to Borrower, In the event of a partial takina' of the Property in which the fair market val1le of the Property immediately before the taking is equal to or greater lhm !be amount of the sums secured by this security InsuumeJlt hnmedlately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the procecda multiplied by the following fraction: (a) !be total amount of the SUlllB secured immediately before tho taking, divided by (b) the fair market value of the Property immediately before the taking, Any balance shan be paid to Borrower. In the evoot of a partial taking of the Property in which the fair market value of the Property immediately before the taking Is less than the aDllJUnt of !be 8lIlIl' secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property i. abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or seule a claim for damages. Borrower r.u. to ""'POml to Lender within 30 days after the date the notice is given, Lender is authorized 10 collect and apply the proceeds, at it. option. either to n:sloralio'n or repair of the Property or to the sum. secured by this Security Instrument, whether or not \hen due. Unless Lender and Borrower otherwise agree in writil1ll, any application ofprocee&; to principal ,haIll1Ot extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the alllount of such payments, 11. Borrower Not Released; Forbeal"&llCe By Lender Not a Waiver. Extension of the time for payment or modification of lUIIOrtizatlon of the sums secured by this Security lnstrwneJll granted by Lender to any "occeSSQr in intmst of Borrower sIlallllOt operate to release the llabUlty of the original Borrower or Borrower's successors in iJUerest. i..eJllIer shall not be required to co=ncc procecdinss againsl any sw:ceasor in intereSt or refuse to extend time for paYllllmt or otberwise modify amorw.tioll of the soms socured by this Security h1Strument by reason of any demand made, by \he original Borrower or Borrower's successors in interest, Any forbe&r;UlCC by Lender in eJterciilng any right or renJelIly shall not be a waiver of or preclude the exercise of any right or remedy, 12. SuC<t!Sson and Assll'II' Bound; Joint and Several Uabllltyl Co411H1"l1. The covenants and asreements of this Security Instrument shall bind and benefit the successors and usigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenantS and all""""'pn1s slIaII be joint aoo several. Any Borrower who co-signs this Security Inwument but does DOl execute !be Note: (a) Is co-slgDing thls Security Instrument only to mongage, grant and coovey that Borrower's inttJ'CtIt in the Property uncler the le11m of this Security Instrument; (b);'1 not personally obligated to pay the sums sel;Ute(\ by thi, Security Imtrument; and (c) agrees that Lender and any other Borrower may agree to extend. modify, forbear or make any accommodations with regard to the lem1. of this Security In.'lttlIllleIIt or the Note without that Borrower's consent. 13. LoII.n Chari", If the loan secured by litis Security Instrumellt is subject to a law Which selS maximum loan charges, aod that law is finally ioterpreted so that the interest or other lOIUl charges collected or to be collceled in connection with the loan exceed the pennitted limits, then: (a) any 1lUc1i loan charge shall be reduced by the amount necessary to reduce the charge to the pennitted limit: and (b) any ~ums already collected ITom Borrower which excecelled pennitted limits will be refunded to Borrower, Lender may choose to mm this refund by reducing the principal owed under the Note or by lnakiJJ& a direct payment to Borrower, If. refund reduces principal, !be reduction will be treated as a partial p".payment withOUl any prepayment charge under tbe Note. 14. Noti_. Any notice to Borrower provided for in this Security IDSttllment shall be given by delivering it or by ~ it by fitst class mail unless applicable law requires use of another method, The notice shill be directed to the Property Address or any other address Borrower designates by DQtice to Lender, Any notice to Lender shall be given by fimt class mail to Lender's address stated herein or any other address LeDd~r designateS by notice to Borrower. Any notice provided Jilr in this Security 11IBtrumellt shall be deemed to have been given to BUm/wer ur Lender when given .s provided in this JlIII8Iraph. 15. Govemb., LDWl Severability. This Security Instrument shall be governed by federa1law aod the law of the jurilldiction in which the Property is located. In the eveut that any provision or clause of thill Security Instrument or the Note conflicts with applicable law. such conllict shall not affect other provisions of this Security InstrUment or the Note which can be given effect without the conflicting provision. To this end !be provisions of this Security Ins:munent and the Note are declared to be severable, 16. Borrower', Copy. Borrower shall be given one confonoed copy of the Note and, of this Security Instrument. 17. Transfer of the Property or II Benenclal Interest In Borrower. It all or any part of the Property or any Interest In It is sold or transferred (or if a ben.Ada! inteRst in Borrower is sold or transfcned and Jaorrower i. not. natural person) without Lender's prior written consent, Lender may, al its opQOIl. require immediate paymont in full of all .1l1U8 securtd by thIs Security In..trument. However. this option ""all not be exercised by Lender if exercise is prohibited by federa11aw .. of the date of this Security IIllltrument. GMD OISO (l193~ BOOK141SPAGE, 943 Form Jon 9190 (pag.4 oj 6 pages) te: 2/10/2005 Time: 7:47 AM To: ATY-PA-VON 472 2330 461 @ 16103282875 Page: 006-013 . If Lender exercises this option. Lender sball give Borrower notice of acceleration, The notice shall provide a period of wt less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secure<! by this Security lDstrument. If Borrowef failIl ro pay these sums prior to the expiration of this period. Lender may invoe my remedies permitted by lhi. Security Instrument wilbout furthct notice or demand on Borrower. , 18. Borrower'. R1pt to ReImtale: If Borro....r meets certain cowlitio"", Bottowel' shall have the right 10 have enforcement of thi. Security Instrument discOJUiD\1ed at lll1Y time prior to the earlier of: (a) 5 day. (01' .uch other period ... applicahle law may specify for reinstatement) before sale of the Property pursuant to any power of llllle contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Inst1'Ulllenl. Those conditions are that Borro'l"er: (al pays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleration had oo::urred; (b) cures any default of any other covenants or agreements; (c) pays sll expe_s incurred in enforcing this Security :instillment, il1Cluding, but not limited 10. reasonable attorneys' fees; and (d) takes such action IIlI LenLler may "",""nably nlq\Ure to lIS8Ufe that the lien of this Security Instrument, Lender's righta ill the Propetty and Borrower's obllsatiollto pay the sums secured by this Security Inatnnnenl shall colltinue unchanged. Upoll reinslalelllent by Borrower, thi. Se<:urity Instrument and the obliSations .ecured hereby ohaII remaill fully effective ... if no acceleratioll had occum:d. However. thi. right to reinstate shall not apply in the case of acceleration under paragraph 17. 1'. Sale of Note; Chanee of Loan Seniqor. The Note or a partiai imerest ill the Note (together with this Security InstrumCllt) may ~ sold 01lC or more limes without P\lor notice to Borrower. A sale m:lY result in a change ill the entity (known as the "Loan Servlcer") that collects monthly paymentS due under the Note and tht~ Security Instrument. There also may ~ une or morc cbAnges of the Loan Servic<:r unrelated to a sale of the Note. If there .. a cban.ile of the Loan Sorvicer. Borrower will be given writlCll notice of the change in accordallCe with parasraph 14 above and applicable law. The notice will .late the name and address of the new Lo.n Servicer and tbe address to wbicb paymenlJlllbould he made. The IIlllice will also cootain any other information required by applicable law. . 20. Ha.ardous Substances. Borro....r sha1l 1I0t cauae or pennit the presence, use, disposal, storage, or rcleaae of any Hazardous Substances on or ill the Property. Borro....r shall not do, nor allow anyone else 10 do, anything affecting the Property that is in violation of any Envinmmental Law. The pm:eding two sentences shall not apply to the presence, use, or slOrage on the Property of small 'luantiti... uf Hazllrdous Substan<:Cs that are generslly recognized to ~ appropriate to oonna1 residential uses and 10 maintellllllCe of the PropClty. Borrower shall promptly give Leader written notice of any inve.tigation. claim. demand, lawsuit or other lIttion by any !loveromenlal or regulatory a~y or private party involvllli the Property and any Hawdou8 Substanl:e or Ellvironmental Law of which Borrower has aetuaI knowledge, If Borrower learns, or is notified by any ilovemmental or ICguIalory auUwrity, that ' any removal or other remediation of any HazardoUB Substance affecting the Property ii: necessary, Bouowcr shall promptly take all necessary remedial actions in accordance with Bnvironmental Law, As used in Ws paragraph 20. "Hazardoos Substances" are lbo.. substallCeslle:tinell as tuxic ur hazanlous substances by EnvirolUllental Law and the following subatances: gasoline, I=r"""",,, other tlamrnable or toxic pellolewn products, IOxic pedicid.. lOll herbicilles, volatile solvents, nlllterials containi"ll ssbestoa or formaldeh~lde, and radioactive mater1sls, As used in thi, paragraph 20. "Environmental Law' meallA federal law. and laws of the jnrisdictio:n where the Property is located that relate to health, safety or environmental protection. NON-UNIfORM COVENANTS. Borrower and Lender further covenant and agree a" follows: 21. Acceleration; Remedia. Lender IIhall give notice to BolTllW1!l' prior to acceleration following Borrower's breach of any cov....nt or all""'"lentln this SecurIty Instrument (but not prior to at:eekntIOI. under paraarlJlh 17 unless applicable law provides othenolse). Lendlr shall notiry Bo....uwer of, Unong other thbIp: (II) the default; (b) the ac:tton requlred to cure the default; (c) whln the default muot be cured, and (d) that failure to cure the default.. spedftad may result tn accele1'lltion of the aum. aec:ured by thll Security Instrument, foreclolure by Judieial proceedlnc and sale of the Property. Lender shall further inform Borrower of tbe right to relnllatf after lU:l:l!Ieratloll "lid the right to assert In the foreclOlUl'l! proceedlnll the non-ex1stence of a default or any other defense of Borrower to BCl:"leratlon and foreclOSlll"e. If the default Is not cured as Ipeclfled, Lender at Its option may requIre ImmedIate payment In full of all SUllIII secured by thts Security Instrument without further demand and may foreclclR this SecurIty Instrument Illy judicial proeeedlng. Lender shall he entitled to collect ail expel1lla Incurred In puNUtoll the remedles prot'lded 10 this peragraph n, Including, but not limited to, attorney.' fees and costs of title evidence to the extent permitted by appUeabte II\w. 22. ReI..... Upon payment of all awns secured by this Sccwity lnJIrumcllt, this Security Instlument and the estate conveyed llball tenninate and become void. After such occurrence. Lender shall dis.,harge and satisfy this Security Instrument without charge to Borrower, Borrower shall pay any recordation costs. ' 23. Waivers. Borrower, to !he extent permilled by applicable law. waives and releuses any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or fulUlC laws providins for slay of execution, extension of time, exemption from attsr.brn...t. levy and sale, and homeSlead eXCl11Ptioo. 24. ReInstatement Period. Borrower's time co reinstate provided in paragraph 18 shall cxtend CO one hour prior to !he coDWlencemenl of biddillll at a Ilheriff'. llSle or other sale pursualllto thi. Security lIllilrament. 25. Purchase Money Mortlllllle. If any of the debt secured by this Security Instnnnom is lent to Borrower to acquire title to the Property. this Security Instrumenr shall be a purchase money mortgage. OMO 01S0 (1 t9l) Form 3031 1190 (pag. 5 of 6 pagos) Bood416 PAGh944 te: 2/10/2005 Time: 7:47 AM To: ATY-PA-VON 472 2330 461 @) 16103282875 Page: 007-013 26. Interest Rate After JudgJuent., Borrower as=s that the intere,t nlte payable lifter a judgment is entered on the Note or .'in Jln action of mOrlll~e foreclollUl'e shall b. the rate payable from time to time under the Note. '1.7. Rld.r. to thl. Security In&tr'Ulllent. If one or more riders are executed by ,Bonower aall recorded logetber with this Security Il\SllUment. the coverumlli and agnoemenlli of each .uch rider sba11 be incorpom1ed iuto alld shalllIIIIeIId llI!d suppl=nl 'the covel1llnts and all"cmcnt:l of this Security Instrument as if the rider(.) were a part of this Security Il\SlfUment. [Check applicable OO,,(o&)J IXI Alijustable Rate Rider D Orllduated Payment Rider o Balloon Ridor DOther(s) [specifyI \ o Colldominium Rider o 1-4 Fomily Rider o Biweel<ly Payment Rider DSecond Home Rider o Pt&nned Unit Development Rider ORate IIIIproverJlCllt Rider By SIONINO BBLOW, Borrower accepts and agrees to the term.lIIld CllVeIIlIDts col,wned in this Security Instrument and ill any rider(s) executed by Borrower and =dr:d with it. Witnesse.: :l(~ QJ~ RODSON A. CAMPB LL (Seal) -Borrower Social Security Number 375-70.3l11l0 4~.~p~ (Sesl) .Borrow.r SOI1iaI Security Number 373-78-5670 (Seal) -80......, (Seal) , .BOITOwor Social Security Number Social S""urity N\I[Dber [Space B.low ThhI Line For Aclmowled.....ntj COMMONWEALTH OF PENNSYLVANIA, tlt.(.mberlQ.>lQ County ss: Qnthis,the I;J,~ dayof !IOtle-....IrJer" ,1'17 ,beforeme,theundmignedofflcer, personally appeared RODSON A. CAMPBELL and ANGELA M. CAMPBEI,L, HUSBAND AND WIFE known to me (or satisfactorily proven) to be the peraollA whose names are subscribed to the w:ithin instrument and acknowled:ed that they executed the IllUlIIl for tho purposes herein co.ntained. IN WITNESS WHEREOF, I hereunto set my hand and officla1 seal. 0tut~ K~ /.~ fJe<.Uie; TiU. of om My Conuni!lsion Expires: Notarial So.1 Sueann. K. Sather. Notary Publk: Camp Hillloro. ComDoriand CountY My Commioslon Expi,..Aug, 25, 2001 I Member, Pennsylvl"la Association Of Notaries OMD 01S0 (1193) Form 3039 91!JO (pog. 6 0/6 pag..) Bood416'/'AGE, 945 PROC-DT DUE-DT TRAN TRAN-DESCRIPTION TRAN-EFFECTIVE-DATE TRAN-AMT PRINCIPAL INTEREST ESCROW AMOUNT/CDIDESCRIPTION 03-25-05 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 15,00 MTGRREC CORP ADVBA 02-28-05 09-04 173 PAYMENT 0.00 0.00 0.00 0.00 15,00 · 15.00- SUSPENSE 02-28-05 00-00745 CORPORATE ADVANCE ADJUSTMENT 15.00- 0.00 0.00 0.00 15.00- MTGRREC CORP ADVBA 02-25-05 00-00 631 PROPERTY PRESERVATION 15.00 0.00 0.00 0.00 15.00 MTGRREC CORP ADV BA 02-24-05 09-04 173 PAYMENT 0.00 0.00 0.00 0.00 15.004 INSPECTION FEE 15.00- SUSPENSE 01-21-05 09-04 170 0.00 0.00 0.00 0.00 01-19-05 09-04 173 PAYMENT Y/I098 ADJ 0.00 0,00 0.00 0.00 53.75 I LATE FEE 53.75- SUSPENSE 01-18-05 09-04 152 LATECHARGEASSESSMENT 0,00 0.00 0.00 0.00 53.75-1 LATE FEE 12-28-04 09-04 173 PAYMENT 0.00 0.00 0.00 0.00 15.004 INSPECTION FEE 15.00- SUSPENSE 12-17-04 09-04 173 PAYMENT 0.00 0.00 0.00 0,00 53.751 LATE FEE 53.75- SUSPENSE 12-16-04 09-04 152 LATECHARGEASSESSMENT 0,00 0.00 0.00 0.00 53.75-1 LATE FEE 12-15-0408-04 173 PAYMENT 11-11-04 0.00 171.17 903.88 0.00 15.004 INSPECTION FEE 1,090.05- SUSPENSE 137,563.08 12-09-04 08-04 161 2,058.00 0.00 12-08-04 09-04 351 2,058.00- 0.00 ESCROW ADVANCE 0.00 2,058.00 HAZARD INSURANCE DISBURSEMENT 0.00 2,058.00- PAYEE= 7ZCSI 12,289.89- 11-11-04 07-04 173 PAYMENT 1,500.00 170.05 905.00 0,00 424.95 SUSPENSE 137,734.25 10-12-0407-04 173 PAYMENT 1,100.00 0.00 0.00 0.00 1,100.00 SUSPENSE --lIr EXHIBIT ~ 10-05-04 07-04 173 PAYMENT 0,00 0.00 0.00 0.00 107.501 LATE FEE 107.50- SUSPENSE 09-16-04 07-04 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 53.75-1 LATEFEE 09-03-04 07-04 173 PAYMENT 512.76 0.00 0.00 0.00 512.76 SUSPENSE 09-03-04 07-04 161 ESCROW ADVANCE 10,231.89 0.00 0.00 10,231.89 09-02-04 08-04 314 SCHOOL TAX DISBURSEMENT 2,455.54- 0.00 0.00 2,455.54- PAYEE= 370416005 10,231.89- 09-02-04 04-04 313 CITY TAX DISBURSEMENT 620.59- 0.00 0.00 620.59- PAYEE= 370410005 7,776.35- 09-02-04 04-03 313 CITY TAX DISBURSEMENT 7,093.70- 0.00 0.00 7,093.70- PAYEE= 370410005 7,155.76- 09-02-04 00-00 301 MISCELLANEOUS ESCROW DISBURSEMENT 62,06- 0.00 0.00 62,06- PAYEE = 370410005 62.06- 08-16-04 07-04 152 LATECHARGEASSESSMENT 0.00 0.00 0.00 0.00 53.75-1 LATE FEE 08-11-04 06-04 173 PAYMENT 1,128.80 168.94 906.11 0.00 53.75 I LATEFEE 137,904.30 08-10-04 00-00 633 MISC FORECLOSURE AND BANKRUPTCY EXPENSES 2,00 0.00 0.00 0.00 2.00 NON REC CORP ADV 07-28-04 06-04 173 PAYMENT 0.00 0.00 0.00 0.00 107.50 I LATE FEE 107,50- SUSPENSE 07-16-0406-04 152 LATECHARGEASSESSMENT 0.00 0.00 0.00 0.00 53,75-1 LATE FEE 06-29-04 06-04 173 PAYMENT 0.00 0.00 0.00 0.00 06-29-04 05-04 173 PAYMENT 06-28-04 0,00 167,84 907.21 0.00 1,075.05- SUSPENSE 138,073.24 06-28-04 05-04 173 PAYMENT 1,182.55 0.00 0.00 0.00 1,182.55 SUSPENSE 06-16-0405-04 152 LATECHARGEASSESSMENT 0.00 0,00 0.00 0.00 53.75-1 LATE FEE 05-17-04 05-04 152 LATECHARGEASSESSMENT 0.00 0.00 0.00 0.00 53,75-1 LATE FEE 04-30-0405-04 175 PRINCIPAL PAYMENT 15.00 15.00 0.00 0.00 138,241.08 04-30-04 04-04 172 PAYMENT 1,128.80 166.65 908.40 0.00 53.75 I LATE FEE 138,256,08 04-16-0404-04 152 LATECHARGEASSESSMENT 0.00 0.00 0.00 0.00 53.75-1 LATE FEE 03-26-04 04-04 173 PAYMENT 0,00 0.00 0.00 0.00 15,004 INSPECTION FEE 15.00- SUSPENSE 03-25-04 03-04 173 PAYMENT 0,00 165.56 909.49 0.00 13 8,422.73 03-25-04 02-04 173 PAYMENT 2,272.60 164.48 910.57 0.00 107.50 I LATE FEE 15.00 SUSPENSE 138,588.29 03-16-04 02-04 152 LATECHARGEASSESSMENT 0.00 0.00 0.00 0.00 53.75-1 LATE FEE 02-17-04 02-04 152 LATECHARGEASSESSMENT 0,00 0.00 0.00 0.00 53.75-1 LATE FEE 01-15-0401-04 173 PAYMENT 1,075.05 163.41 911.64 0.00 138,752.77 12-16-03 12-03 173 PAYMENT 1,075.05 162.35 912.70 0,00 138,916.18 11-17-03 11-03 173 PAYMENT 11-]6-03 1,075.05 161.29 913.76 0.00 139,078.53 10-16-03 10-03 173 PAYMENT 1,075.05 160.24 914.81 0.00 139,239.82 09-08-03 09-03 173 PAYMENT 0.00 159.19 915.86 0.00 139,400.06 09-08-03 08-03 173 PAYMENT 2,203.85 158.15 916.90 0.00 53.75 I LATE FEE 139,559.25 08-18-03 08-03 152 LATE CHARGE ASSESSMENT 0.00 0.00 0.00 0.00 53.75-1 LATE FEE 07-28-03 07-03 173 PAYMENT 07-25-03 1,128.80 157.12 917.93 0.00 53.751 LATE FEE 139,717.40 07-16-03 07-03 152 LATECHARGEASSESSMENT 0.00 0.00 0.00 0.00 53.75-1 LATE FEE 06-19-03 06-03 173 PAYMENT 06-18-03 1,128.80 156.10 918.95 0,00 53.75 1 LATE FEE 139,874.52 06-16-03 06-03 152 LATECHARGEASSESSMENT 0.00 0.00 0.00 0.00 53.75-1 LATE FEE 05-16-03 05-03 173 PAYMENT 05-15-03 1,075.05 155.08 919.97 0.00 140,030.62 04-14-03 04-03 173 PAYMENT 1,075.05 154.07 920.98 0,00 140,185.70 03-14-03 03-03 173 PAYMENT 1,128.80 153.07 921.98 0,00 53.75 I LATE FEE 140,339.77 02-24-03 02-03 173 PAYMENT 1,075.05 152.07 922.98 0,00 140,492.84 02-17-03 02-03 152 LATECHARGEASSESSMENT 0.00 0.00 0.00 0.00 53.75-1 LATE FEE 01-15-03 01-03 171 PAYMENT 1,075.05 151.08 923.97 0.00 140,644.91 Wells Fargo Home Mortgage P.O. Box 1225 Charlotte, NC 28201-1225 1111111111111 November 15, 2004 7100 4047 5100 3010 4397 23304161 J001260/472Act91 RODSON A CAMPBELL 815 RIDGEWDDD DR MECHANICSBURG PA 17055 RE: Wells Fargo Home Mortgage Loan Number 2330461 Mortgagor(s): Rodson A. Campbell Angela M. Campbell 815 Ridgewood Dr. Mechanicsburg, PA 17055 Mortgaged Premises: ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM: FORECLOSURE This is an official notice that the mo~age on vour home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains how the pro!(1"am works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselinl!: Al!:en(L The name, address and phone number of Consumer Credit Counselling Agencies serving your County are listed at the end of this Notice. If vou have any Questions, vou mav call the Pennsvlvania Housing Finance Al!:encv toll free at 1-800-342-2397. (Persons with impaired hearinl!: can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRffiA. PUEDES SER ELEGffiLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDID~ERECHO A REDIMIR SU HlPOTECA. EXHIBIT V HOMEOWNER'S NAME(S): ~odson A. Campbell Anirela M. Call\Pbell PROPERTY ADDRESS: gl.iBidge:good Dr. Mecharucs urg, PA 17055 2330461 LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: WELLS FARGO BANK, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGffiLE 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 1I11A Y BE ELIGffiLE 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 ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMffiRARY STAY OF FOREfoL~URE -- Under the Act, you are entitled to a temporary stay of forec osure on your mortgage or t irty (30) days from the date of this Notice. DUrIng that time you must arrange and attend a "face-to-face" meetin-f, with one of th,~ consumer credit counseli~ agencies listed at the end of this Notice. THIS MEE NG MlIST OCClIR WITHIN THE NF. T R~ DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE: YOU 51' BRING YOUR MORTGAGE UP TO DATE THE PARI.DF THIS NOTICE CAI LFD "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. APPLI An F R M RT A E A I TAN E Your mortgage is in defaultfor the reasons set ort ater in t is Notice (see 0 owing pages or specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have tne 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 comIJleted Homeowner's Emergency ASSistance Program Application with one of the designatea 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 apphcation to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MllSI FILE YOUR APPLICA nON PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICA nON FOR MORTGAGE ASSISTANCE WILL BE DENIED. 001260/'\72, ~CY ~~TI~N - Available funds for emergency mortgage assistance are very limited. They will e 's urse y t e Agency under the eligibility criteria estabhshed by the Act. Tlie Pennsylvania Housing Finance Agency lias sixty (60) days to make a decision after it receives your apphcation. 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...JHE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES Ol~L Y AND SHOULD NOT BE CONSIDERED AS AN A lTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin~ it up to date). Other charges (explain/itemize): Other Fees (if applicable) Susoense Amount TOTAL AMOUNT PAST DUE: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION Late Charges HOW TO CIIRR THP DRPATTI T - - 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 $ 3,579.44, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. paJments must be made either by cash, cashier's check, certified check or money order made payable an sent to: WELLS FARGO HOME MORTGAGE 1 HOME CAMPUS X2501-0lH DES MOINES, IOWA 50328 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: IF YOU DO NOT CURE THE DEFAULT - - If you do not cure the default within THIRTY (30) DAYS ot the date ot thiS Notice, the lenl1er mtenl1s to exercise its rights to accelerate the mOmlage debt. This means that the entire outstandmg balance ot thiS l1ebt w,ll be conSIdered due Immediate y anl1 you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made wnhm THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose uoon vour mortl!ae:ed orooertv. IF THE MORTGAGE IS FORECLOSED UPON - - The mortgaged proper~ will be sold by the Sheriff to pay oft the mortgage debt. It the lender reters your case to Its attorneys, out you cure the delinquency before the lender begins legal p'roceedings againstyoubyou will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50. O. However, if legal proceedings are started a,gainst you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount )IOU owe the lender~.which may also include other reasonable costs. If vou cure the default within the TIiIRTY (30) DA I oeriod. YOU will not be reauired to oav attornev's tees. OTHER LENDER REMEDIES - - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 001260/472 FARI,IF.ST POSSlRI,E SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged 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 J,F,NDF,R: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wells Fargo Home Mortgage 3476 Stateview Boulevard Fort Mill, SC 29715 1-800-766-0987 803-396-6063 Clarice Townsend EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and othl'r belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You _ mayor _ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, providea that all the outstanaing 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 PAYOFF 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,-l IF YOU CURE THE DEFAULT. (HOWEVEI$., YOU DO NOT HAVE THIS RIGHT TO LURE 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 UJ\fDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MA Y HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. APPENDIX C PENNSYL VANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY. CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 FAX# (717) 541-4670 Financial Counseling Services of Franklin 31 West :lrd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717)243.3818 FAX# (717) 731-9589 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, P A 171 04 (717) 232-9757 FAX# (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysbur:g, PA 17325 (717) 334-1518 FAX (717) 334-8326 The Pennsylvania Housing Finance Agency can be reached TOLL FREE at 1 (800) 342-2397. Wells Fargo Home Mortgage P.O. Box 1225 Charlotte, NC 28201-1225 November 15, 2004 7100 4047 5100 3010 4403 2330461 J001261J472Act91 ANGELA M CAMPBELL 815 RIDGEWOOO DR MECHANICSBURG PA 17055 RE: Wells Fargo Home Mortgage Loan Number 2330461 Mortgagor(s): Mortgaged Premises: Rodson A. Campbell Angela M. Campbell 815 Ridgewood Dr. Mechanicsburg, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortl!;age on vour home is in defaul1t, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pal!es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save vour home. This Notice explains how the pro~:ram works. To see if HEMAP can help, vou must MEET WIlli A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF lliE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counselinl! Al!ency, The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If vou have anv Questions, vou mav call the Pennsvlvania Housinl! Finance Al!encv toll free at 1-800-342-2397. (Persons with impaired hearinl! can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOllFICACION EN ADJUNTO ES DE SUMA IMPORTANCli\, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRffiA. PUEDES SER ELEGffiLE 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 REDlMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Itodson A. Cam,pbell Aneela M. Campbell LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDERfSERVlCER: 81~ood Qr. Mecnanlciburg, PA 17055 2330461 PROPERTY ADDRESS: WELLS FARGO BANK, N.A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGffiLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGI~ PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGffiLE 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 ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. ~MffiRARY STAY OF FOREfoL~C;U~- Under the Act, you ar,e entitled to a temporary stay o forec osure on your mortgage or t irty 30) days from the date of this Notice. Durmg that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling a~encies listed at the end of this Notice. THIS MEEIlliG MUST OCCUR WITHIN THE NEXI i1~8\1~N~ ~gHfS~iGrJk iJ:9~ b~f~Gf~~~~~Rd&~I~ ~~~I~tt%:I1<6U ~OW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. PPLI A F RAE I T E - Your mortgage is in default for the reasons set ort ater in t is Notice (see 0 owing pages or specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a coml'leted Homeowner's Emergency ASSIstance Program App~ication with one of the designatea 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 apphcation to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MJlSI FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIA TEL Y AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. 001261/472 eGE~CY *~TI~N - Available funds for emergency mortgage assistance are very limited. They will e dis urse y t e Agency under the eligibility criteria estabhshed by the Act. Tlie Pennsylvania Housing Finance Agency lias sixty (60} days to make a decision after i1: receives your appltcation. During that time, no foreclosure proceedings will be pursued against you if you ha ve 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,/.JHE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A TfEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin!!; it up to date). ro-A~RE OF THE DEFAllL T - - The MORTGAGE debt held by the above lender on your property ocate at: R 1 5 R id~ewood Dr IS SERIOUS~y'YN1)bE~Abl~ ~:C~~~e: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now/ast due: August 2n04 - November 200_ $5,494.65 Other charges (explain/itemizel: Late Charges Othet Fees (if applicable) Susnense Amount TOTAL AMOUNT PAST DUE: B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION $0.00 $15.00 -p.930.21 . 3,579.44 HOW TO DiRF THF OEFAITLT - - You may cure the default within THIRTY (30} DAYS ofthe date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/-, WHICH IS $ 3,579.44 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH Bt'.COME DUE DURING THE THIRTY (30) DAY PERIOD. paJments must be made either by cash, cashier's check, certified check or money order made payable an sent to: WELLS FARGO HOME MORTGAGE 1 HOME CAMPUS X2501-01H DES MOINES, IOWA 50328 You can cure any other default by taking the following action within THIRTY (30} DAYS of the date of this letter: IF YOU DO NOT CURE THE DEFAULT - - If you do not cure the default within THIRTY (30) DAYS ot the date ot thIS NotIce, the len(\er mten(\s to exercise its rights to accelerate the mOmlage debt. This means that the entire outstandmg balance ot th,s debt w,ll be conSIdered due ImmedIate y 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 wlthm THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mortl!ae:ed property. IF THE MORTGAGE IS FORECLOSED UPON - - The mortgaged proper~ will be sold by the Sheriff to pay ot! the mortgage debt. It the lender reters your case to ItS attorneys, out you cure the delinquency before the lender begins legal p'roceedings againstyoubyou will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50. O. However, if leg;al proceedings are started a,gainst you, you will have to pay all reasonablc attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender~,which may also include other reasonable costs. If you cure the default within the THIRTY (30) DA I period. yOU will not be reauired to pav attorney's tees. OTHER LENDER REMEDIES - - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 001261/472 HOW TO CONTACT THE 1 FNDF.R: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wells Fargo Home Mortgage 3476 Stateview Boulevard Fort Mill, SC 29715 1-800-766-0987 803-396-6063 Clarice Townsend EFFECT OF ~HERTFF'S SALE - You should realize that a Sheriff's Sale wi!l end your ownership of the mortgage property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ mayor _ may not se!l 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 PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING ll'iSTITUTION 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. (HOWEVE~ YOU DO NOT HAVE THIS RIGHT TO l-URE YOUR DEFAULT MORE THAN THRE.t. 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. APPENDIX C PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 FA)(#(717) 541-4670 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 Urban League of Metropolitan Harrisbnrg N. 6th Street Harrisburg, P A 17101 (717) 234-5925 FA)(# (717) 234-9459 YWCA of Carlisle 301 G Street Carlisle, FA 17013 (717)243-3818 FA)(# (717) 731-9589 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, P A 17104 (717) 232-9757 FA)(# (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, P A 17325 (717) 334-1518 FA)( (717) 334-8326 The Pennsylvania Housing Finance Agency can be reached TOLL I'REE at 1 (800) 342-2397. USPS - Track & Confirm Page I of I ElMlrT/lm., Track & Confirm Current Status Track & Confirm Enter label number: I You entered 71004047510030104397 Your item was delivered on November 20, 2004 at 2:06pm in MECHANICSBURG, PA 17050, Additional information for this item is stored in files offline, A proof of delivery record may be available through your local Post Office for a fee, Track & Confirm FAQs Restoration Options ~ Restore Offline Item wMtist~is? 6'9> . POSTAL INSPECTORS Preservl"g the Trust site map contact us !Iovernment services Copyright@1999.2002 USPS. All Rights Reserved. Terms of Use Privacy Policy .....--;--- EXHIBIT i!-- http://trkcnfrml.smi.usps.comlnetdata-cgi/db2www/cbd _ 243.d2w/output 6/1/2005 USPS - Track & Confirm Page I of I iii=I!!II UMTED SrlJTES Il:MPOSrIJL SSMCE", Track & Confirm Current Status Track & Confirm Enter label number: I You entered 71004047510030104403 Your item was delivered on November 20, 2004 at 2:06pm in MECHANICSBURG, PA 17050. Additional information for this item is stored In files offline, A proof of delivery record may be available through your local Post Office for a fee. w Track & Confirm FAQs Restoration Options ~ Restore Offline Item Wh.\ is t.hIs? Gu> . posrALiNSPECTORS Preserving the Trust site map contact us !lOvernment services Copyright@ 1999-2002 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrml,smi,usps,com/netdata-cgi/db2www/cbd _ 243.d2w/output 6/21/2005 ...., ~ c--.-, t:.J-1 '- ~.i f'.) ----.i o -n :? f\,:TI ,- -OF: ~_'"JC} '-----~ (~) :_~:::-, '2 .,,:C) .::)i"-n -', OJ :17 .-< PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ----------------------------~-------------------------------------.----------.,-----------------------------------.--- CAPTION OF CASE (entire caption must be stated infull) .ELLS FARGO BANK, N.A., SUCCESSOR 1ERGER TO WELLS FARGO HOME 10RTGAGE, INC. BY (Plaintiff) vs, lODSON A. CAMPBELL AND ANGELA 1. CAMPBELL (Defendant) ,CIVIL Term No, 05-1285 1. State matter to be argued (i,e" plaintiff's motion for new trial, dtofendant's demurrer to complaint, etc,): Pl"intiff'q Motion for Summary Judgment in Mortgage Foreclosure 2, Identify counsel who will argue cases: (a) for plaintiff: Scott A. Dietterick, Esq. (Name and Address) P.O. Box 650, Hershey, PA 17033 (b) for defendant: Vi "ki Pi ont<,k, 1i:sql1i rE' for Defendants (Name and Address) 24 W. Governor Road, Hershey, PA 17033 3, I will notify all parties in writing within two days that this case has been listed for argume Martha E. Von Rosenstiel Print your name 649 South Ave, Unit #7 Secane, PA 19018 Attomeyfm Plaintiff Notice sent July 12, 2005 4, Argument Court Date: August 24, 2005 Date: th3Jt,)) I , ~ ~ <- ~ - ..0 -~ :j: Q, ~..,., rt-.e -,',iJ\!\ "'.J'-(' C>c:) ,:~.J.~};~ ~~f. (~2 ,,',,"')\" ':::---,\ :po :2: - (:;? c c Martha E. Von Rosenstiel Attorney for Plaintiff /Movant 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Extension 10 Attorney LD. #52634 Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, Inc. Plaintiff COURT OF COMMON PLEAS CUMBERLAnd COUNTY vs. Case No: 05 1285 Civil Term Rodson A Campbell and Angela M. Campbell : Defendants CERTIFICATION OF SERVI~ MARTHA E.VON ROSENSTIEL, ESQUIRE hereby certifies that she is the attorney for the plaintiff herein, and that service of the Praecipe for Argument of Motion for Summary Judgment in the above matter was made upon Vicki Piontek, Esquire, attorney for defendants, at 24 West Governor Road, Hershey, P A 17033, by regular first class mail, postage prepaid, deposited in the United States Postal Service Mail Collection Box in the lobby of the United Stas Post Office, Lansdowne, PA 19050 on July 13, 2005. This verification is made subject to the penalties of 18 Pa.C.S. 9490 falsification to authorities. /~ i i Martha E. Von Rosenstiel Attorney for Plaintiff Dated: July 13, 2005 I. ,1/ -;:;:. ~.J."" "is .' 'S q. :t-:l~\ n"'\i: -0 \:? \~~!~(;;,'; ';r;~i, ",::'\ ':~ ..- y, .-' q 'Sr '-' c::: i .- ~ ..,~"\' , !~c'" '." WELLS FARGO BANK, N.A Successor by merger to WELLS FARGO HOME MORTGAGE, INC.: Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW RODSON A. CAMPBELL and ANGELA M. CAMPBELL, Defendants NO. 05.1285 CIVIL IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT BEFORE HESS AND OLER, JJ. ORDER AND NOW, this 11~ day of September, 2005, following argument, it appearing that the defendants, in their answer, admitted the material allegations of the plaintiff and have advanced no defense in this matter, the motion ofthe plaintiff for summary judgment is GRANTED. BY THE COURT, :r1m . /lJ /artha Von Rosenstiel For the Plaintiff ftcki Piontek, Esquire For the Defendants \/!f\}v>r!/S'\:r'J~kJ )JJJn(~:-'-i ..- ,f "';.':':!/vno 15 :Z I4d ~2 d3S sauz ),l:!'vlONOi-110e]d 3Hl :10 301:1::10--Q311:1 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire / No. 52634 Heather Riloff, Esquire / No. 309906 649 South Avenue, Suite 7 Secane, PA 19018 (610) 328-2887 Attorneys for Plaintiff 16284- CPG -R COURT OF COMMON PLEAS WELLS FARGO BANK, N.A., SUCCESSOR : CUMBERLAND COUNTY BY MERGER TO WELLS FARGO HOME MORTGAGE, INC. • 2 '1 Plaintiff No. OS 1 85 Civi Term ~ r,., : -~3 ~a vs. mom' r*i ~ r • -v RODSON A. CAMPBELL AND ANGELA ~~ ~. M. CAMPBELL Defendants -~' ~o ~~ ~:~' ~ ca ~ w PRAECIPE TO VACATE JUDGMENT AND MARK CASE DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly withdraw the judgment in the above-referenced action and mark this action discontinued and ended without prejudice. Respectfully Submitted, MARTHA E. VON ROSENSTIEL, P BY: Martha E. Von Rosenstiel, Heather Riloff, Esquire Attorneys for Plaintiff Dated: August 30, 2012