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Home My WebLink About14-2004 Court of Common Pleas Civil Cover Sheet For Prothonotary Use Only: Docket No: Cumberland County -a The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition S ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E Lead Plaintiff's Name: EverBank Lead Defendant's Name: Carol M. Abraham C T Dollar Amount Requested: L1 within arbitration limits I Are money damages requested ?: ❑ Yes ® No Check one) ) ®outside arbitration limits 0 N Is this a Class Action Suit? ❑ Yes ® No is this an MDJ Appeal? ❑ Yes N No A Name of Plaintiff /Appellant's Attorney: ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other S ❑ Product Liability (does not ❑ Employment Dispute: include mass tort) Discrimination E ❑ Slander /Libel /Defamation ❑ Employment Dispute: Other E] Zoning Board C ❑ Other: T ❑ Other: I ❑ Other: 0 MASS TORT N ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non - Domestic Relations N Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1111201 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447-- CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 f �� . 'a, }.� t �� is f (� 3600 HORIZON DRIVE, SUITE 150 f':;,..,; t (�: r , KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 044782 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNT VS. G� NO: Carol M. Abraham 47 Drexel Place New Cumberland, PA 17070 DEFENDANT COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. S a� 3j2 01 S Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIO.N SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL, Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717- 249 -3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 13- 044782 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: Carol M. Abraham 47 Drexel Place New Cumberland, PA 17070 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, EverBank, the address of which is, 301 West Bay Street, Jacksonville, Florida 32202, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage Mortgagee Mortgage Electronic Registration Systems, Inc., as nominee for EverBank, its successors and assigns Mortgagor(s) Carol M. Abraham (b) Date of Mortgage June 11, 2012 (c) Place and Date of Record of Mortgage Recorder of Deeds Cumberland County Document ID# 201218453 Date: June 21, 2012 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for EverBank, its successors and assigns Assignee: EverBank Date of Assignment: January 6, 2014 Recording Date: January 7, 2014 Instrument No.: 201400542 The Assignment(s) is /are a matter a matter of public record and are therefore incorporated herein as provided by Pa. R.C.P. No. 1019(g). 2. Plaintiff is either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. 3. The real property that is subject to the Mortgage is generally known as 47 Drexel Place, New Cumberland, PA 17070 and is more specifically described as attached as part of Exhibit "A ". 4. Each Mortgagor named in Paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Promissory Note "). A true and correct copy of the Note is attached and marked as Exhibit "B ". 5. The names and mailing addresses of the Defendants are: Carol M. Abraham, 47 Drexel Place, New Cumberland, PA 17070. 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of July 1, 2013 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts - are due as of April 1, 2014: Principal Balance Due $106,137.90 Interest Currently Due and Owing at 3.75% $3,316.80 From June 1, 2013 through April 1, 2014 Late Charges $156.64 Escrow Advances $1,053.99 Property Inspection $100.00 TOTAL $110,765.33 9. Interest continues to accrue for each month that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. In addition to the above amounts, reasonably incurred attorney's fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 11. Notice of Intention to Foreclose with the information required pursuant to 41 P.S. § 403 commonly known as Act 6 and demand for payment was sent to each individual Defendant by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "C ". 12. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. § 1707- 1715z -1.8). Accordingly, the Homeowners' Emergency Assistance Act of 1983, 35 P.S. § 1680.402c is not applicable. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in reii in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: �I 12` � y BY: oc =:y� ttorneys for Plaintiff t7d TLIN M. DONNELLY, ESQ S & D File No. 13- 044782 12- 26 —'13 12:08 T -523 P0014/0031 F -597 A� Preparnd By: EverBank [Name] 8100 Nations way [Street Address] Jacksonville, FL 32256 [City, State Zip Code) 800.69$-'5626 [Telephone Number] Afterfteaording Please Return Tb: EverBank INAUX] Post Closing [Attention] 8200 Nations way [StreetAddress] Jacksonville, FL 32256 [City, State Zip Codc] 800-598 7 5626 [Telephone Number] UPI/PIN/Pax rD; 132541008402A.UG -17.1 SpaeeAbo wThU Line For Recor &ngbutaj . a Q PLNNSYLVANU MORT TFIIS MORTGAGE ("Security Ittatntmcnf) is given on .Tune 11, 2012_ The mortgagor is Carol M Abraham ("Borrower") - This Security Instrument is given to Everllautk, which is orgattired he and existing Wilder t laws of the United States of America., and whose address is $100 Nations Wiy, Ja and exist FL 322 ("Lender Mortgage 1?leetronic Registratxou Systems, Ina ('fir 4'� is a separate corpo that is acting solely a Lender's s a aominea fdr Leader and L successors and assigns. MFRS is the mortgagee under this Security Instrument- MFRS is organized and wdsting under ft laws of DeUware, and bas a mailing address of P_ a $ox 2025, klimt, MT 4$501 x026, and Q street address of 1901 P. Voorhees Street, Suite C, Danville, IL 61834. The MERS tetephonc number is (888) 679 -MERS. BD=wer owes lender the principal sum of One Hundred Elgdt Thousand Seven and OO/100ths i7o11M (U.S. $108,007.00). This debt is evidenced by Borrower's and dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on July 1, 2042- This Security Instr secures to Leader. (a) the repayment of the debt PeapsylvAOia Martsw The Compnaaoe Scarce, Iac. Pone 1 of 9 FHA IERS WOW �rwx• csmplyuccsaaree.cavn 54341PA OV02 Rev. uji l C20OZ -411, The "u Scarce, rqF iii i�A V191fER W 'B"Iu� Exh( 12- 26 -'13 12:0 T -523 P0015/0031 F -597 evidenced by the Note, with interest, and all renewals, extensions and modificativag of th Noce; (b) the payment of P otter sums, with interest, Mvanced under Paragaph 7 to protect the se0urity of this Seourlty Uftl Gent; and (o) p" of Borrower's covenants and agrveumts under this Sodauity Instruriznnt and the Note. For this pmpwse, Borrower does lleteby mortgage, gent and convey to MERE (solely as nominee for Lender and Lender's successor and assigns) and to the successors and assigns of MPIiS the following deamibed property located in CUMBERLAND County Pennsylvania: . See EYLlblt A attaehed hereto and made a part hereof which currently has the address of 47 Drexel Place (Street] New Cumberland , Pennsylvania 17470 MropertY Address"): (city] [Zip Code] TOGETHER WTfti all the improvements now or hereafter erected on the property, and all easements, appulenances, and fixutres now or hereafter a part of the proper, All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the ` Borrower understands and agrees that MEM bolds only legal title to the interests „ Security Instrument, but, if necessary to � Y l with law or cur tom, MERE (as nomi tamed a Borrower in this nee for bender and Lender's. successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and Bell the Property; and to take any action required of Lender including, but not limitod to, releasing and canceling this Security Instrument BORROWER COVENANTS that Borrower is lawfully wised of the estate hereby conveyed and has the right to mortgage, gent and convey the Property and that the Property is unencu t beret, except for encumbraaees of retard- Borrower warrants aad will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non- uniform covenants with liMited variations by jurisdiction to constitute a uniform secu instrtrrnent covering real property. UNIFORM COVENANTS. Borrower and Lender Covenant and agree as follows: I. Payment of Pt'flitdpal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and lane charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each moarhly payment, together with the principal and inter esst as set to in the Note and any late charges, a sure for (a) taxes and Special assessments levied or to be levied against the Property, (b) leasehold payments or groun=d rents on the e Y' 4 Dd () Pftmi--- for insurance rcquired under Paragrapb 4. In any year in which the Lcmkr Hurst pay a mortgage hwuranum prrnuum to the Secretary of housing and Urban Devel ("SMMnW J or in an which such premium would have been regaimd if Lender still held the Security bistrnmen4 each mon Y year rn shall also hKAWa either: (i) a sum far the atuzual mo PaYmtut Secretary, or (ij) a monthl c Nt AS insurance premium to be paid by Lender to the y barge instead of a mortgage insurance premium if this Security Indent is held by the Secretary, in a reasonable amount to be determined by the Secretary: Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender ere called "Escrow Funds." Pennsytvaaia Mortpa The Complt.aee Sonrcp, Inc, Pagc 2 of 4 FUA MEM ModlSed +•w rr compti:atttokfvr nom UMIPA 02192 Rev. 11nJ 02002-2011, The Cotapltoeeo Sonm, Ysa I�1[�IIiIIII�1IIIIINI2Yl01�N1� 12- 26 -'13 12:0 T -523 P0016/0031 F -597 the Leader tray, at any time, collect and hold mount for Escrow Items in an aggregate amount not to exceed maximum Am ant OW MAY be required for Borrower's escrow account udder the Real gxtate Settlemcnt Procedures Act of 1974, 12 U.S.C. § 26o 1 et =- and implementing segulatioaa, 24 CM Part 331)0, as they may be amended from time to time ("RESPA except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before borrower's payments are available is the account may n ot be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Eamm Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as requited by RESPA. If the amounts of funds held by Lender at any tisane = not su$cient to pay the Escrow I tems when due, Lender may notify the Boroewer and require Borrower to make up the shortage as Pertained by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Suety Ittstarment, If Borrower tenders to Lender the full payment of all such sums, Borrower's aecowst shall be credited with the balance remaining for all inStailmem items (a), (b), and (c) and any mortgage insurance premium installment that Lender has riot become obligated to pay to the Secretary, and Lender shall promptly I Vfi Ind any excess funds to Borrower - Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance t em&Wng for all installments for items (a), (b), and (c). follows: 3. Application or Payments. All payments under Paragraphs I and 2 shall be applied by Leader as FjFZ to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Semtary instead of the monthly mortgage insurance premium; to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; 2= to interest due under the Note; Fourth, to amortization of the principal of tha Note; and Fi ft to late charges due under the Note. 4. Eire, Flood and Other Hazard bola mwe. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary, All i mnanee shah be carried with companies approved by Lender. The insurance policies and say renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, tender. In the event of loss, Jorrower shall give Lender it mnediate notice by mail. Lender may make ptvofof loss if not tirade promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to .Lender sp jointly., All or any part of th insurance proceeds may be applied by Lender, at its oppoN either (a) to the reduction of the indebtedness under the Ndtc and this Security Ipstruiiteztt, fast to any delinquent amounts applied in the order of Paragraph 3, and then to Prepayment ofprmcip4 or (b) to the r"Wrstion da or repair of the damaged property. ,ray application of the proceeds the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount'of such payments. Any excess arsut'anee proceeds over an amount Mgtarcd to pay all outstanding indebtedness under the Note and this Security instrument shall be paid to the entity legally entitled themo. PcauyNanta Mortgage Th FHA Mt?R$ MotIIDeA e ComplitAte Soure#, rhQ Pagt 3 of 9 51301 PA OM Rev l V Il rvtvw aop�plJanteaavm cam 021102 2011, The Csmplirlaee Sdartx Inc �ru�iu I off rameainrI�� 12- 26 —'13 12 T -523 P0017/0031 F -597 In the event of fafecloatr+e of this Security Iashzentrt or other transfer of title to t totitt8 1ba indebtedness, all right, elfin an interest of Borsuwer in a to inaaaaitee poll w in f Pro �1 pas to the pulshaaer. S. (kctipancy 1?teservatbe, IvIalntenanee and ptutection of the Prop"; Bormwer's ILoal Applieatift; Leaseholds. Borrower Shalt occupy, establish, end use the property ors Borrower's principal residence within sixty days after the execution of this Security tnatrumerat (err within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year agar the d unless Lender detanaines that requirement will cause rmdne hardship for Borrower, or unless tmg cktumstancea exist which are beyond Borrower's control. Borrower shall notify Larder of any extenuatig Prop orr allow Borrower shalh not commit waste or destroy, damage or substantially change the of M to deteriorate, reasonable wear and tear expocted. Lender may inspw the Prope y if the Property is vacant or abandoned or the loan is in de>itult. Landon May take reasonable action to protect and pltscrve such vacant or abandoned Property. Borrower shall also be in default if Iorrower during the loan appbcadcm'process, gave materially &lse or innrrnvs,M information or statements to Lender (or failed to provide Lender with any material iuformation).in connection with the loan evidenced by the Note, including, but not limited t rVepresentations concerning Borrower's occupancy of the property as a principal residence, If this Security nstrttrnent is on a leaschold, Borrower shall comply with the provisions of the lease. If Borrower foe title to the Property, the leasehold and fen title shall not be merged unless Lander agrees to the merger acquires in writing. 6. Candemaatloa. The proceeds of any award or claim for damages, direct connection with any condemnation or other talong of any part of the condemnation, are hereby assigned and shall be paid to Lender to the extent of the full of the in d e btedn e s s or consegrtential, in Place o that MInAms unpaid tinder the Note and this Security Instrument. [.ender shall apply such ount of to the reduction of the indebtedness under the Note and this Security Instrument fast to any delinquent amounts applied the order provided in Paragraph 3, and then to Prepayment of principal., Any application of the not Wend or postpone the dot date of the prods to the principal shall autormt Of Such payments_. 4" Any excess MOM111y payments, which are refevod to in Paragraph Z or change the the Note and thin Security fnstrumeat shall be over In amount the entity legally entitled thereto.. indebtedness under 7. Charges to Borrower sad Protection of Lender's Rights is the property, Borrower shall pay a ll govcr=cntaal or municipal charges, fines And impositions that are not included in paragraph 2. Borrower s h a ll pay ob tcrest o n the Pr directl m the entity which is owed the payment. If failure to pay would advaseiy affect evidenceu these , Lender's request Borro shall prptbpBy finnish to Lender receipts g payments, if Borrower fails to make these payments or the payments t required by Paragraph 2' Othcr covenants and agreements contained in this S=n lushum or fails to perform any significantly affect Lender's rights in the. P ty M or there is a legal proceeding that may enforce laws a regulatio th Ic ray (� as a proceeding in b�ptay,.for condemnation, or to . and r Lender's rights is the Pro may do and pay whatever is necessary to protect the value of the Property Pamgsh z. pert}; including payment Of taxes, haasd ins%ry, „c„ and other items mentioned in be Any amounts disbmu d b Leader uu&-r this Paragraph shall become an additional debt of Borrower and secured by this Security lrsstavmmt, Tie Mortmts shall tear interest from the date of di8 rate, and at the op6o” of Lander shall be immediately due and payable. at the Note Borrower shall promptly d=harge any lieq which has priority over this Security Instaumeatt unless Borrower: (a) agrees in writing to the payment of the obligation secured by the Lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which Pkeotytvaola Mortgage Ut Compllana Soars, Page 4 o(9 MA MESS Modified www. com 34301PA OV02 Rev. 11/11 02 M -Ull, The CoiVllaoce Source, roc:, W O N " , lil�ill il1111IN11111a8is11iUl111 E 0 4 3 a 1 X X — 4 - 9 w 12- 26 -'13 12;0: T -523 P0018/0031 F -597 is Lender's opinion opera* to prevent the enforcement of rho lieu, m (c) satires from the holder of the lien an e�oetaent satigfactary to Lender subordinating the lien to this security r (c) rent Socurity I La nder ndens t t a ny part of the Pt+operty is subject to alien which may attain priority over this t, y give >3otrower a notice identifying the lien. Bomnm shall satisfy the lien or take one or more of the actiany set forth above within 10 days of the giving of notice. & Fees. Lender may collect fees end charges authorized by the Secretary: 9. Grounds for Accelerption of Debt, (a) Dtfaolt. Leader may, except as limited by regulations issued by the payment defaults, require immediate payment is flril of all sums secured by this Security ` in the case of (i) Borrower defaults b any monthly payment required by this Ins4Cl>IIle Security to PSY in full ty Instrument prior M Of on the due date of the next monthly payment or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Inyttwnent 341 d of th G a m -St SalWithout Credit Approval. Lander shall, if permitted by applicable law (including section approve! the ermatn EVository Institutions Act of 1982, 12 U.S.C. § 1701j - 3(d)) and with the prior taM require immediate payment in full of all the sums secured by this Security Instrument if (i) All or part of the Property, or a beneficial interest in a trust owning an or part of the Property, is sold or otherwise Transferred (other than by devise or descent), and (ii) The Property is not occupied b the pufcha or grantee as his or her principal residence, or the purchaser or Mntee does so occupy the property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances, occur that would permit Lender to require immediate payment in full, but Lender does not acquire such payments, Lender does not waive its rights With (d) Regulations of HUD Secretary. In y c respect to subsequent events. limit Lender' utunatances regulations issued by the Secretary will s rights, in the case of payment d0hult% to require immediate payment ip Ml and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary (e) Mortgage Not Insured. Borrower Agrees that if this Security Instrument and the Note arc not detertWued to be elhoble for insurance under the 114onal RousiAg Act within 60 days from may, at its aa Opt ion r equir e the date hereof, Lends statement immediate payment is full of all sums secured by this Se curity. Instrumeak A written insure this s f any au Security thorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to lastrument and the Note, shall be decried cone hrsive Notwithstanding the foregoin , tGis proof of such ineligibility. g option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage iasumce premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender bas mquired mediate pent in . full because of Borrower's firihtre to pay aoa amount duo under the Moto or this,Secmity Instrument. This right o applies even after foreclosure proceedings an instibdW, To reinstate the Security lnstruurent, Sorroftr shall trader o£ Burrower under this a lump sum all auiou� regt►ircd to bring Boryt7wcr'g aceount cwraut inchuding, to the extent they are obligations Security Instrument, foreclosure costs and reasonable and Customary artprnCys fees expensas properly associated with 'the for+eclosum proceediug. �n reinstatement Instrument and the ob ' one that it by Borrower, this Security secures shall remain in effect as if Lender had not required immediate payment iii full. However, Lender is not required to pest reinstatement it? (i) Lender has accepted reittstatrrment after the commencement of foreclosuro piooeedmgs t years immediately pr'ecedh4 the eommencemtnt of a cumnt Peoasylvza Mort The ComppH D Scene, One Page S o0 PHA 1 EIS Madl&d www.gpi a aa�p 0a1 51301PA 0218E Rn•. 11/11 I II' ULM 2011. The C Wilneft Scarce, jar 1111111110Ill � III MI 12- 26 -'13 12:09 T -523 P0019/0031 F -597 fordCIO"M proceeding, (ii) reinstatement will preclude foreclosnre on different minstatemont will adversely affect the priority ofthe lien created b y this grounds in the Amite, of (iii) 11. Borrower Not Relep y Y Waiv IaatntmSOL acd; lForbcat tutee b Leader Not s Waiver, Fattoaalon of the tithe of payment or modification of awrd2ation of the sums secured by this Security lnstntment Seemed by header to shy successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest, Leader shall not be required to eommenue proceedings against any successor In interest or refuse to extend time for payment or otherwise tnodiiy =01lixation of the sums secured by thus 3ecuriry instrument by reason of end re demand made by the original Borrower or t3wrower's successors is interest. bear nt b Leader in re exercising any right or remedy shall not be s waiver of or preclude the exercise Of say right Any for remedy. 12. Successori and Aailgns Bound; yotnt and Several Llsblil y; My igners. The covenant and agreements of this Security Xnstlument sbalk bind sod benefit the successors and assi subject to the provisions of Para q(b), Borrower's covenants and of Lender and Botxawer, gr,h Borrower who co-sigas this Security Inst urneot but does hat execute the N ( is ea-si and several. Any Instnaatnt only to .mortgage, giant and convey that Borrower's interest in the Pr °p° B4t this Secu Security 11131111=4 11131111=4 (b) is not personapy ob ' led to pal the sums secured by this under the terms of this Security Insbvment; and agrees that Lender and any other Borrower may agme to extend, modify, forbear or snake any accommodations with regard the term of this Security Instrument or the Note without that Borrower's Consent` with to 13. Notlees. Any notice to Borrower provided for in this Security IasMMMt shall be given by delivering it Or by mailing it by lu ass M., st M., =I= applicable law requires use of another method. The notice shall be directed to the Property Address or arty other address B orrow er designates by notice to Leadet Any notice to Leader shall > givea b first class mail to Lender's address stated herein or any address Lender designates by notice to DWOwer. Any notice provided for is this Security Instalment shall be deemtd to have been given io Borrower or Leader when given as provided in this patagmph. 14. Governing Law; Severablllty. This Security Inshvment shat! be governed by federal law and the law of the jurisdiction in winch the Property is located to the event that any provision or clause of this Security Instrument or the Note conMOU with applicable law, such conflict shall not affect other provisions of this Security Instnanent or the Note which can be given effect without the conflicting provision To this end the provisions Of Us Security InstrUment and the Note are declared to be severable. 15. Borrower's Copy. [nsttttxpent. BOrmwer shall be given one coofnrmed copy of the Note and of this Security 16. Hazardous Substances. Borrower shall got.cause or permit the pres�aee, use, disposal, storage, or release of any Hazardous Substances on or in the properly. Borrower shall not do, nor allow anytrnc else to do, anY ping aft'ecting the Properly that is in violation of any Eiiromnental 1Law. The preceding two sentences shall not apply to the prescnc e, use, Or storage on the Properly of small generally recognized to be qua o Hazardous Substances that arc appropriate to normal residential uses and to n�tenaace of the property. . Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private patty invol ' the Substance or Environmental Law of which Borrower has actual knowl �$ p7° and any Hazardous gOVeramental or re If Borrower , learns, or is notified by any 1 Wry a�ority, that any r tnoval or other remediation of any hazardous Substances affecting 13 a pr omental is "cessa Borrower shall promptly take all necessary renicdial actions in aceo�ee with As used in this paragraph 36, " klazardovs Substances" are those substances defined as toxic or hazardous substances by F»vironmental Law and the following substanm: gasoline, kerosene, Glitter flammable or toxic Pile= products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or Peogymi� MortQag� TCc Compnaast Source, Inc- Yeye 6 or9 FHA MERS ModtliM `°wwc p �wrcaa►m 54301PAQ= Rev. lull 0200 2011, The Compliance SoprcG tnr O WN" n�i�iia�r r VHIIM11ano 12 - 26 -'13 12;0 T -523 P0020/0031 F -597 fboualdehyde, and radioactive materials. As used in this paragraph 16, and laws of the jurisdiction whore the Property is locat«1 that relate to heal or en mow" mom fe deral laws �, sty or eavirenntentai protection. NON•ITNIFORM COVENANTS. Borrower and Lender an further. revenant and 17. Assignment of Rexts. Borrower conditioaally assi agree as follows: gas and transfers to a Lender all the routs end revenues of the Property, Borrower �Onzes Lender or Lender s hereby directs each tenant of the 4 9� to oolleet the rents and revenues and notice in Borrower of Borrower's breach of Pay the rears to Lender or Lender's agents. However, prior to L ender's collect and receive all rents and revenues of the cov enant or agraarent in the $runty Instrument, Borrower shall asaigameat ofrants Soms4tutes an absolute Y as trustee for the benefit of Lender and Btmnwer This If Lender assignment not an assignment for additional security only. ,,ryes notice of breach to Borrower (a) all rem receive by Borrower shall be held by Borrower as trustee for benefit of Lender Daly, to be applied to the sums secured by d the 3ecutity Instnrmensy (b) tender shall be entitled to collect and receive all of they of the Property: and (c) each tenant of the rents due and unpaid to Lender or Lender's agent on Lender',, written demand to the tenant PMPCrty shall Pay all a0frOwer has not executed any prior assignment of the rents aad has not and will not perform any act that would prevent Lender fmm exercising its rights tinder this Paragraph 17. Lander shall not be rcVired to carter giving upon, control of ata in the Pyerty before or after notice of breach to Borrower. However, Lender or a j take udicigll a breach. Any application of rents - shall not Cure or aive w y de�fau or m in t or any o ther any time there is a Lender. This assipment of rents of the property shall terminate where the dabs Y right or remedy of paid in full, secumi by the Security Instrument is 18. Foreclosure procedure Jf Lender requires Immediate paymeat in fall vender Paragraph 9, Lender may permitted by forectaPPlic :esble e this IA Security Inurement by jadlcid proceeding and •invoke any other remedies w K ender shall be entitled to cglt�t all "nsea Incurred in pursuing the remedies provided W Ibis Paragraph 18, including, but not limited to, reasonable attorneys' fees and costa of title evidence to the extent permitted under app)iCftbIe law. P If Lender fonecloses this SccM* Inatrarment, Lender shall give notice In the manner provided to arftmph 19 and to Borrower and guy other persons prescribed by applicable law. Lender shall atao publish and post the notice of sate, and the property shall be $old, ss prescribed by applicabl d law. Leader or Its Pre designee may pgrchase the property at any sate. The proceeds of fire sale shall be applied in the mariner w -r(bed by applicable law. If the Lender's interest in this Security Iastrtuneat is Held the S branediate Payment m &H under Paragraph 9, the See mMtjry and,the Se=tary requites the Sinlgle. Family Mortgage Foreclosure Act of 1994 ( � ll1YO� the nonjudicial power of We provided in conftssioner desiguatrd under the Act to camr4enft foreclosure and to self ) by n9 �8 a fomelvsure Nothing in the preceding sentence shall deprive the S o Pr-P" as ptbvided in the Act. this Paragraph JS or applicable law. Y f �' Tights othetwrse available to a Lender under the 19. release_ Upon payment of 011 sums secured by ibis Security tustrumeat, this Security in.rn jjt and estate conveyed shall tmMin4tc and become void. After such occurrence, Lender shall discharge and satisfy this Security Instr"CAL Borrower shall pay any rwordad n ousts. Leader may etarge Borrower a fat for red Security. IrUStrruncnt, but Daly if the fee b paid to a third party for services rendered end the charging �� this Permitted under applicable law. gtng of tare fee is in 20. Waivers. Borrower, to the extent penn tt by applicable lacy, waives and releases any error or defects P�tdings to eaforoe this Security Inshucnent, and hereby waives the benefit of any present or f4u= laws PrnnayfrAa{e Mort�a�e The Compuwace Source, tae. M MERS Moettkd Wwn'.campireaMOarcmam Ne 7 09 "IPA a7J02 Rey, 11111 02 0M2011, Thin ComplLace Source, Inc. X11111 1MM INmild111IN N21PLIM11�E E B 5 4 3 I 12- 26 -'13 12;10 T -523 P0021/0031 F -597 • IM11 �.�� providing for stay of execution, Oxtenaion of time, exemption 9vm attachment, tevy and sate, sad homestead exemption 21. R,elnatatem i pcdod, Borrower's time to reinstate provided in Paragraph 10 shah extend to one hour prior to the corm enxment of bidding at a sh&W2 8014 or ,,Provided pursuant to this Security shall ex t 22. Purchase Money Mortgag4, If awry of the debt secured by this Security ksft t is lent to Borrower to acquire title to the Property, this Security Instrument shalt be a pmcham money mortgage. 23. Interest Rate After Judgement, Rormwer agues that the in be the rate tere$t rate payable 0 a judgement Note. is entered on the Note or in an action of Ihottgop foreclosure shall payable tip tiaae to time wader the 24. Rlders to this Security Instrumeut; If one or more riders are exeUt4d by Borrower and recorded togather with this Security Instrument', the covenants of each such rider shag be ineorpasated into and drab amend turd supplement the covenants and agreements of this Security tnstnunmt as if the rider(&) were a part of this Security Instrument. [Check applicable box(es)]. Condominium Rider ❑ Graduated Payment Rider Planned Unit Development Rider ❑ Growing Equity Rider ❑ Other [specify] 'Me following signatrue(s) and acknowlecigm t(s) are incorporated into and aaade a part of this Peamsylvania Mortgage dated June 11, 2012 between Carol M Abraham, Evernank, BY SIGNING BELOW, Borrower accepts and agrees to the terau and covenants contained in this Security Instrument and in any rider(s) executxd by Borrower and mor &d with it. (seat) (�) Carol M Abrabaa�t - Borrower [Printed Name] - Borrower [Printed Name] (Seg) (Seal) - Borrower [Printed Name) 1e [Printed d Nam Pannsylvta� Moxtge The COMPHnneo Saw^ Ina, Pikse 8 Oro PEU U T d MW - 0 wwN — PffXnca+ our tXOm 4J The 4M1P 0= Rev SIB gig on Elm illlf�(� llimal1U#II1aN�fplloil 12- 26 -'13 12;1 T -523 P0022/0031 F -597 Certificate of Reaidanee: 1 certify that the address of the forgoing rowgagte is 8100 Nations Way, lacksanville, FL 32256, EverBrnk Its: Agent sitting on behalf of EverBaak ACKNOWLEDGMENT State of �� $ County of On this day of 2_�l'L. , before me, the undersigned ofI cr. personally appeared Carol M Abraham, Subscribed to the within ipstrtttnent, known to t=ee (Of satisfacton7y Proven] to be the person whose name is and acknowledged that he (or they) axecuted the same for the purposes therein, In witness whereof, I hereullto set my !rand ial sear. prtZNg`It.VA�1ip Sign of Officer N 1AL Ps141� '4Qs�� CA. Printed Name QL� $nto. WN Title of Officer My Commission Expires: Pennsywaata Olort e Ths Compltaoce Soazoq Ian Page 9 of 9 FBA ME$S Modtllal �xwrr.to�pltruri�esoaret cum 5MIPA 02112 Rev. C 4011, The Comptlan" SOm+te, Inc �� i�iirnJiT1111aI �is1n1)1isMI11 12- 26 -'13 12;1 T -523 P0023/0031 F -597 MA PLANNED UNIT DEVELOPME RIDER THIS PLANNED UNrT DEVELOPMENT RIDER is made. this 11 th day of Jane, 2012, and is incorporated into and-shall be d-wd to amend and supplement the mwtpge, Deed of Trust of Security Deed at ("Security Instrument') of the same date given by the undersigned ("Borrow to secure Bocrowet's Note m verBsak ( "Lender") of the same date grid covering the Property dmml'ed in the Security Insmtment and located 47 Drexel Place, New CMnberGmd, PA 17070 [Property Address] The Property Address is a part of a planned unit development ("Pl ib ») IMOVen as MACON HILL 1FOXLEA [Name ofPlanned Unit Devekp n¢nt] PUD COVENANTS. In addition to the covenants and agrttments made ia•the Security Inst &rent, Borrower and Lender further covenant and agree as follows A. So long as the Owner Association (or equivalent entity holding title to common areas and facilities), acting as trustee for the homeowners, maintains, with a generally ccepted inauh.n,� tist a "master" or "blanket" pOucY ittsumg the property located in the PUD, including all improvements now existing or hereafter erected on the mortgaged premises, add such policy is satisfactory to Lender and provides insurance coverage in the amounts. for the periods, and inst the hazards Lender requires, including fire and other hazards included within the term " aga exteaded coverage" and loss• by flood, to the extent required by the Secretary, then. (i) Lender waives the provision in Paragraph 2 of this Security Instrument far the monthly payment to Lender of one- twelfth of the yearly pm= mt installments for hazard instuanct on the OOnV* - er's obligation under Paragraph 4 of this PrO X and nc coverage on the Pr Security t ha rd instance property a deemed satisfied to the extent that the required coverage is provided by the Owners Assaeiatioa policy. Borrower shall give Lender prompt notice of any lapse in rcluilled hazard insurance oovetage and of any loss t oc=ing from a hazard. IA the event of a p butiaa of hazard iasur&nce proceeds in lieu of restoration or repair following a loss to the p rty or to common areas and facilities of the PUD, any pis payable to Borrower are hereby sgsigped and shall be paid to Lender fnr application to the sums secured by this Security lnstnyment, with any excess paid to the entity legally entitled thereto. g- 1 promises to pay all duos and assessm=ts itttposcd pursuant to the l e gal instruments Creating and governing the PUD: C. If Borrower does not pay PUD dues and assessments when due. then Lender may pay them. A amounts disbursed by Lender under this paragraph C shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, 1 �A Pbiaaod unit nemtopM=t Rfdn• Txa CO,WUANce SOUart;, ttrC._ rase r o[2 CM, T6GSmpu„ceya „ rq ” �� Il��p��04l��yVIIIINI� s 5 w s p< p u — z .. • 12- 26 -'13 12:' T -523 P0024/0031 F -597 these amotmts shall bear invest froze the date of distsursau�nt at the Nate rate and shall be payable, with interest, upon notice from Lender to Borrower mq=s&g payment. Rifer, BY SIGNING BELOW, Bor"or accepts and agrees, to the terms and provisions contained in this PUD Seal Carat M Abraham - Bortow B (Seal) (Seal) () (Seal) - 8orroaeff �o�wer ESA Phat�d Una ---7H6 Com"4mjcz 9OUKE JNC -- n� a ar a . Mums KM �I��III�111111n111�1111�11111 12- 26 -'13 12; T -523 P0025/0031 F -597 LEGAL DESCRIPTION Au rsA T mum bta a or rand o f w Aad pntnast..ettme lyi� a+aT bslna fe tbs TwaiMp of Lamer AUM in the CaWY of Ctfmbalwil 4" CotKWNWOahh ofPetgtsylv0e4 no" part1*&WJ5,- &=1W as follom AIL 77ZAT CERTALN' 1W or pim of pvuAd wide fhe balldiaj and Pgmvcm&-eb thmor srscW, sih= U Low P UlW TouftNp, Cwxbvtwd Cowsi% Pa wyl'vant4 being morspily detoVW on durribed co tNw asrtaM , s Aith Plait of wdea Reei400W Comuat y YflkV 0,;4 Phase 1. Lower Am Towwho, Amid Cowpey, PemWNmiw az p Vwtd by a rra J. Btu Assodarao, Inc., EngfX#M and SWWyart, dared 00tobsr 6,1976 turd tart rsvdsed March 10,1917, es re corelsd be the QJW 4f the Ascarrtrr ofDeads of Cad County, PsreatyMWe, March a 1917, Gs Plan Soak 26, page 30, which Platt is hawt y i awFurmed by raferanee as Perm aftaolreal; a unit mo 0er 67 In BfrI&S ''Cr " Oow&fing of 5817 1rjW0 fort and dssefibad an mil Built Pidn by metes and bosun wldleA daurip&n is fikewitm hvvis bwrperaMd bynV rmeaL T QGNa ER with tell the bexV% ettd rights elf earommt and arffvymew as sxaeptad and revved by Foxlea Nomotes Corp, and Foxlso &Wp►tteff, I=. In !tt dead to CurnWwtd OPMOty Nathan! Bank and mutt Contpww elated Aprll2l, 1975 and derly warded to the 0f j" of ills Aswdar ofDeteds in and for Cu mberla Comfy in Dood Book "A'; Val 2d, Pap 303. . UNDER AND AMXC7to Ae e!owimak rsmaions, ame molts, ehm'gN lieu te7w rtghb, aghwme w eovdnants, sxc+geniotes, rurevwdav and exduslons its caataMdd and hW0 fully set forlk in Truax Denial batwefaen ?=do Nomows Corp. and Cumberland County National Bank and Trust Company dated Nava sbo ,71, i 973 and reaorded in the QfJtt s of the Reaond& e>f.17Mdt in w d for Conbm*Md Cara* In Desist 'oak 1C 2S, fte 912, As omvdsd 6y.lmnament thereto dated August 26, I9yd deed drily roweled ire the Opm afmwdd in Deed book r-2 P1zs 47 0. and by Awen&aent thwrsto daid 4rtt 21, 1971 and duly r=rded in rhe Ofjke ogtorssald in D"d gee:k.R -26, Pass 303 and any amouimew w the fongdng as mdy be mads ftam time to HAL UNDER AND SUBJECT to easexents, rights groVed to public utilitfar and other rfgh#, coveu=u chid rtstrietlau of recard BEING the same premises which Alan L Gesford and Dorothy M. Gesford, husband and wife, by Deed dated August 30, 2005, and recorded September 1, 2005, in the Office of the Recorder of Deeds fn and for the County of Cumberland, Pennsylvania, in Soak 270, Page 3898, granted and conveyed unto Stewart R. Williams and Gretta L. Williams. husband and wife. BEING the same promises which Stewart R. Williams and Gretta L. Williams, formerly husband and wife by their 06ed dae 2012 and about to be recorded in the Office of the Recorder of Deeds in and for the County of Cumb d, Pennsylvania, granted and conveyed unto Card M. Abraham, Mortgagor herein. ALTA Commitrn" Schedule A (cronMued) 12- 26 -'13 12:3 T -523 P0026/0031 F -597 ROBERT P. ,ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY i COURTHOUSE SQUARE CARLISLE, PA 17013 717 -240 -6370 � ' • Instrument Number - 201218453 Recorded On 6/21/2012 At 10;45:20 AM "Total Pages -13 * Instrument Type - MORTGAGE ]Invoice Number - 111051 User ID - KW * Mortgagor - ,ABRAHAM, CAROL M * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - CEDAR CY.WF * FEES STATE WRIT TAX 00.50 Certification Page STATE JCS /ACCESS To $23.50 JVSTICE DO NOT DETACH RECORDING FEES •- $27.50 RECORDER Or DEEDS PARCXL CERTIFICATION $10.00 This page is now part FEES of this legal document. AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $78.00 1 Certify this to be recorded in Cumberland County PA, RECORDER O D DS " - Information denoted by an asterisk may change daring the verifcatlon process and may not be retkcted on this pages OD 20AE IIIIII�IIII(IIII�i1111111� ..s. -.M r. •.YV K R► VM1 •�.�. v�r.ru.r .r- ... • .... .. • . .. i• i -+.��• wv..YY � -... y Am mo n NOTE M FHA June 11, 2012 New Cumberland Pennsylvania (Date] [City] (Slate] 47 Drexel Place, New Cumberland, PA 17070 (Property Address] 1. PARTIES "Borrower" means each person signing at the end of this,Note, and the person's successors and assigns. "Lender" means EverBank and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of One Hundred Eight Thousand Seven and 00 /100ths Dollars (U.S. $108,007.00), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Three and 750 /1000ths percent (3.750 %) per year' until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest -to Lender on the first day of each month beginning on August 1, 2012. Any principal and interest remaining on the first day of July,, 2042, will be due .on that date, which is called the "Maturity Date." (B) Place Payment shall be made at Everhome Mortgage, P.O. Box 530579, Atlanta, GA 30353 -0579 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount - Each montltly payment of principal and interest will be in the amount of $500.20. This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. Multistate FHA Fixed Rate Note THE COMPLIANCE SOURCS, INC. Page 1 of 3 52603NIU 17]01 nw .cotnplionceaowee.com 02001, nn Compliance source, Int. I1111 lilt 111111111111111 11111111111111111 li 1111111111111 III Illll 8111 11111111111111111111111111111111111111111111 III! — C S`5 Z 6 0 3 X X— 1— 3 ` 7 (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] ❑ Graduated Payment Allonge ❑ Growing Equity Allonge [] Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of die month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes.. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of Four and 00 /1000ths percent (4.000 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment a notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed, Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. Multistate FHA Fixed Rate Note —THE COMPLIANCE SOURCE, INC.— Page 2 of 3 52607MU 12101 www.camplieneesource.com _ 02001, The compliaoee so=e, I.C. IIII Ilpl !1!11111111111 !1111 Ilill fllll IIII 11111111111 11111111111111111111111 ,P BY SIGNINTG BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. 1 � (Seal) (Seat) Carol M Abraham -Borrower - Borrower (Seal) (Seal) - Burrower - Borrower [Sign Original Only] PAY TO THE ORDER OF WIT HOUT" RECOURSE BY: EverBank SIGNED: Betty Y. Ellie, Vice President Multistate FHA Fixed Rate Note THE CO MPLIANCE SOURCE, INC.— Page 3 of 3 52603MU IWO •.compliaocmowce.cora C2001, 11,e Compliance Source, Inc. III II 111111 ill 11111 Illll (IIII 11111 llll (IIII I!I!I 111111 IIII llllll IIII IIII � _ �S 5 2 6 0 3 X X— 3 -- 3 ,k November 22, 2013 Carol M Abraham 47 Drexel Pl New Cumberland, PA 17070 - Re: Mortgage Holder:EverBank Mortgage cer: Everhome Mortgage Loan No. Property dc�l ress: 47 Drexel Pl, New Cumberland PA 17070 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Mortgagor: The MORTGAGE held by EverBank (hereinafter we, us or ours) on your property located at 47 Drexel P1 New Cumberland PA 17070 IS IN SERIOUS DEFAULT because you have not made the monthly payments for July 01, 2013 through the date of this letter. Late charges and other charges have also accrued to this date. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is 3,887.06 5 Payment(s) @ $759.19 per Month:$3,795.95 Accrued Late Charges:$ 91.11 Outstanding Fees:$.00 TOTAL REINSTATEMENT:$ 3,887.06 You may cure this default within THIRTY (30) DAYS of the date of this letter by paying to us the above amount of $ 3,887.06 plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made by either cash, cashier's check, certified check or money order and made payable to Everhome Mortgage and mailed or delivered as follows: MAILED TO: P.O. Box 530579, Atlanta, GA 30353 -0579 DELIVERED TO: 301 W. Bay Street, Jacksonville, FL 32202 Page 1 of 3 10 Loan: 1540080752 1 User: OP1 I Letter Title: ACT 6, Mtgr @ mailing add I Letter Date: 11/22/2013 Page: 0001 t 1 O If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed, your mortgaged property will be sold by the Sheriff to pay off mortgaged debt.If we refer your case to our attorneys but you cure the mortgaged debt. default before they begin legal proceedings against you, you sill have to pay the reasonable attorney's fees, actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six months. A notice of the 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 will be by calling us at the following number 800 - 669 -7724. This payment must be made in cash, cashier's check, certified check or money order made payable to us at the address stated above. Page 2 of 3 Loan: 1540080752 1 User: OP1 I Letter Title: ACT 6, Mtgr @ mailing add I Letter Date: 11/22/2013 Page: 0002 w You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW THE MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Sincerely, Everhome Mortgage Homeowner Solutions Group 1- 800 - 669 -7724 Everhome Mortgage is a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. DR325 Page 3 of 3 Loan: 1540080752 1 User: OP1 I Letter Title: ACT 6, Mtgr @ mailing add I Letter Date: 11/22/2013 Page: 0003 VERIFICATION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Property held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA.C.S SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: NAME: E. Michele de Craen ITLE: Vice President COMPANY: EverBank S & D FILE NO: 13- 044782 Carol M. Abraham FORM 1 IN THE COURT OF COMMON PLEAS OF EverBank CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s)' VS. Carol M. Abraham = X,;r', 47 Drexel Place -� New Cumberland, PA 17070_ r^? y 0 r DEFENDANT Defendant(s) Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. a Respectfully submitted: SHAPIRO & DeNARDO, LLC Date A eys for Plaintiff CAITLIN M. DONNELLY, ESQ L FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUST Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing Date: Price:$ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? C O-BORROWER Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people in household How Long? FINANCIAL •' • First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the Loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney Assets Amount Owed Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year: Amount Owed: Value: Automobile #2: Model: Year: Amount Owed: Value: Other transportation (automobiles, boats, motorcycles ): Model: Year: Amount Owed: Value: Monthly Income: Name of Employers: 1. 2. 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co- Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently_ paving) EXPENSE AMOUNT EXPENSE AMOUNT Mortage Food 2 Mortgage Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel /repairs Other prop. Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day /Child Care /Tuft. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: 2 Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Yes ❑ No ❑ If yes, please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTH I /We, , authorize the above named to use /refer this information to my lender / servicer for the sole purpose of evaluating m financial situation for possible mortgage options. I /We understand that I /We am /are under no obligation to use the services provided by the above named Borrower Signature Date Co- Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) Listing agreement (if property is currently on the market) FORM 3 IN THE COURT OF COMMON PLEAS OF EverBank CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vS. Carol M. Abraham 47 Drexel Place New Cumberland, PA 17070 DEFENDANT Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court- supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date FORM 4 IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff(s) vs. Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above- captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court - supervised conciliation Conference on at .M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant /borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant /borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff /lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff /lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff /lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff /lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff /lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure. entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT ,l . Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY QFF';CE <,:F TF'E 2(H1I APR I I PH 2: 2f CUMBERLAND CGUN'TY PENNSYLVANIA EverBank vs. Carol M Abraham Case Number 2014 -2004 SHERIFF'S RETURN OF SERVICE 04/04/2014 05:41 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Carol M. Abraham, Defendant , who accepted as "Adult Person in Charge" for Occupant at 47 Drexel Place, Lower Allerl,\Jew Cumberland, PA 17070. BRIAN GRZY /1'3/ UTY 04/04/2014 05:41 PM - Deputy Brian Grzyboski, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Carol M Abraham at 47 Drexel Place, Lower Allen, New Cumberland, PA 17 BRIAN GRZY'.S` I, i>;''UTY SHERIFF COST: $57.21 SO ANSWERS, / -3/ April 07, 2014 RONN■Y R ANDERSON, SHERIFF • ic. _ur:.ySu!t.. ohentr, Tc... oft EverBank Plaintiff v. Carol M. Abraham Defendant In Forma Pauperis Form : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : NO. 2014- 2004 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Carol M. Abraham, Defendant, to proceed in forma pauperis. I, Robert P. Kline, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Robert P. Kline, Esquire Attorney for Defendant P.O. Box 461 New Cumberland, PA 17070 (717) 770-2540 EverBank ;t, r-'rtOT�j��T`�J�� FORM 3 201`4 AY 27 f�I i is �' : IN THE COURT OF COMMON PLEAS OF Cjf'a'lBEfi(A NDCUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA ENNNS Yl. VA �� i'air tiffs) vs. Carol M. Abraham 47 Drexel Place New Cumberland, PA 17070 DEFENDANT It )24 - 700 C vL Defendant(s) : Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated a C',9 , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real, property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program" and has taken all of the steps required in that Notice to be eligible to participate in a court -supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. z3 1 Zo Signature of Defendant's Counsel/Appointed Date Legal Representative ae4-e)(10144_. Signature of De ren nt Date Signature of Defendant Date CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Request For Conciliation Conference upon Plaintiff by depositing same in the United States Mail, first class, postage pre -paid on the 23rd day of May, 2014, from New Cumberland, Pennsylvania, addressed as follows: Caitlin M. Donnelly, Esquire Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for Plaintiff Cumberland County Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Carol M. Abraham EVERBANK, Plaintiff VS. CAROL M. ABRAHAM Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI r- -<> - -G> : CIVIL ACTION : NO. 14-2004 CIVIL CASE MANAGEMENT ORDER AND NOW, this &-44- day of June, 2014, the parties having agreed to a conciliation conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court -supervised Conciliation Conference on 94, /' (2M/ , at ,R 2a.'06 m. in Chambers No. 4 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 within the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. C) C C) 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the Court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference. 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. Caitlin M. Donnelly, Esquire Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 For the Plaintiff /Robert P. Kline, Esquire 714 Bridge Street P. O. Box 461 New Cumberland , PA 17070 For the Defendant :rlm Cobp,.ss, /1224iscL, 1,0/3/Pf BY THE COURT, EVERBANK, Plaintiff vs. CAROL M. ABRAHAM Defendant AND NOW, this : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI : CIVIL ACTION : NO. 14-2004 CIVIL IN RE: CONCILIATION CONFERENCE ORDER /5" day of July, 2014, after conciliation conference, it appearing that all necessary submissions will be forthcoming within fourteen (14) days, continued conciliation conference is set for Friday, August 29, 2014, at 1:15 p.m. in Chambers of the undersigned. Nathan Wolf, Esquire 10 West High Street Carlisle, PA 17013 For the Plaintiff Xbert P. Kline, Esquire 714 Bridge Street P. O. Box 461 New Cumberland , PA 17070 For the Defendant :rlm 7/A 1/4y BY THE COURT, EVERBANK, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANI : CIVIL ACTION : NO. 14-2004 CIVIL CAROL M. ABRAHAM Defendant IN RE: CONCILIATION CONFERENCE ORDER AND NOW, this 2 9day of August, 2014, at the request of counsel for the parties, the conciliation conference set August 29, 2014, is continued to Friday, December 5, 2014, at 1:30 p.m., with the provision that the Plaintiff may ask for a conference before that date in the event that the Defendant defaults on the trial plan. BY THE COURT, Nathan Wolf, Esquire 10 West High Street Carlisle, PA 17013 For the Plaintiff Robert P. Kline, Esquire 714 Bridge Street P. O. Box 461 New Cumberland , PA 17070 For the Defendant :rim I / 2L, luk e//,y Kevin ' . Hess, P.J. r SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 LEEANE O. HUGGINS, ATTORNEY I.D. NO. 85144 SARAH K. McCAFFERY, ATTORNEY I.D. NO. 311728 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S&D FILE NO. 13-044782 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 14-02004 Civil Carol M. Abraham DEFENDANT PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. SHAPIRO & DeNARDO, LLC Date: t I S BY: ",A- r e s for Plaintiff LEY J.OSBORNE,ESQ. r . SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 BRADLEY J. OSBORNE, ATTORNEY I.D. NO. 312169 CHANDRA M. ARKEMA, ATTORNEY I.D. NO. 203437 LEEANE O. HUGGINS, ATTORNEY I.D. NO. 85144 SARAH K. McCAFFERY, ATTORNEY I.D. NO. 311728 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S&D FILE NO. 13-044782 EverBank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 14-02004 Civil Carol M. Abraham DEFENDANT CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Settle, Discontinue and End on 0-9 /S to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Carol M. Abraham 47 Drexel Place New Cumberland,PA 17070 SHAPIRO &DeNARDO, LLC Date: / btls BY: s for Plaintiff DD EY J.OSBORNE,ESQ.