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HomeMy WebLinkAbout14-2804 Supreme Court of3Pennsylvania COut J";,c i.I �onxPleas For Prothonotary Use Only: C v'iitC;. r.Sheet 1 Docket No: Sj 7 CUBRLAND r County �i,, The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other•papers as required by law or rules of court. I Commencement of Action: S IM Complaint 0 Writ of Summons ® Petition ® Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T DEUTSCHE BANK NATIONAL TRUST COMPANY,AS6I COFER LYBRAND and FRITZEL L. LYBRAND i I Dollar Amount Requested: ®within arbitration limits Are money damages requested? Yes ® No 0 (check one) laoutside arbitration limits t N Is this a Class Action Suit? ®Yes El No Is this an MDJAppeal? ® Yes El No A Name of Plaintiff/Appellant's Attorney: GREGORY JAVARDIAN ® Check here if you have no attorney(are a Self-Represented [Pro Sel 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 i ® Malicious Prosecution [3 Debt Collection:Credit Card ® Board of Assessment © Motor Vehicle 0 Debt Collection: Other ® Board of Elections ®Nuisance Dept.of Transportation ® Premises Liability Statutory Appeal:Other S ® Product Liability (does not include mass tort) ® Employment Dispute: E ® Slander/Libel/Defamation Discrimination C © Other: ® Employment Dispute:Other ® Zoning Board T ® Other: I ® Other: 10 MASS TORT © Asbestos N ® Tobacco ® Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ® Toxic Waste ® Other: ®Ejectment ® Common Law/Statutory Arbitration B 0 Eminent Domain/Condemnation ® Declaratory Judgment ® Ground RentBNon-Domestic Mandamus ® Landlord/Tenant Dispute Relations 0 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ® Mortgage Foreclosure:Commercial ®Quo Warranto ® Dental ® Partition ®Replevin ® Legal [3 Quiet Title ®Other: 0 Medical ® Other: © Other Professional: Updated 1/1/2011 LAW OFFICES OF GREGORY JAVARDIAN J4" GREGORY JAVARDIAN, ESQUIRE ID.NO. 55669 )1if MARY F. KENNEDY, ESQUIRE ID.NO. 77149 ` MEGHAN K. BOYLE, ESQUIRE ID.NO. 201661 SEAN P. MAYS,ESQUIRE ID NO. 307518 f� �},c� Coll f, RICHARD J.NALBANDIAN, I11,ESQUIRE ID NO. 312653 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215)942-9690 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST 2006-1 CIVIL DIVISION ONE HOME LOAN PLAZA, SUITE 3 WARWICK, RI 02886 CUMBERLAND COUNTY PLAINTIFF VS. � (Ul NO. I ( t COFER LYBRAND FRITZEL L. LYBRAND COMPLAINT IN 251 PINE GROVE ROAD MORTGAGE FORECLOSURE GARDNERS, PA 17324 DEFENDANTS 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S.Bedford Street Carlisle,PA 17013 717-249-3166 800-990-9108 {00081320) �"'' a 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.0 § 1692 et seq. (1977),DEFENDANT(S).MAY DISPOTE 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 DEFENDANTS)THE NAME.AND ADDRESS OF THE ORIGINAL`CREDITOR IF DIFFERENT FROM ABOVE. ; F4 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 DEBTOR THE NAME.AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY(30)DAY PERIOD THAT BEGINS UPON YOUR RECEIPT 6fTHISCOMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE)TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATIONTOYOU. aYOU SHOULD CONSULT AN ATTORNEY FOR.ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. {00081320) LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN, ESQUIRE ID.NO. 55669 MARY F.KENNEDY,ESQUIRE ID.NO. 77149 MEGHAN K. BOYLE,ESQUIRE ID.NO. 201661 SEAN P.MAYS, ESQUIRE ID NO. 307518 RICHARD J.NALBANDIAN, III,ESQUIRE ID NO. 312653 1310 INDUSTRIAL BOULEVARD IIT FLOOR, SUITE 101 SOUTHAMPTON,PA 18966 (215)942-9690 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST 2006-1 CIVIL DIVISION ONE HOME LOAN PLAZA, SUITE 3 WARWICK,RI 02886 CUMBERLAND COUNTY PLAINTIFF VS. NO. COFER LYBRAND FRITZEL L. LYBRAND COMPLAINT IN 251 PINE GROVE ROAD MORTGAGE FORECLOSURE GARDNERS, PA 17324 DEFENDANTS CIVIL ACTION MORTGAGE FORECLOSURE 1. Deutsche Bank National Trust Company, as Trustee for Home Loan Mortgage Loan Trust 2006-1 (hereinafter referred to as"Plaintiff') is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Cofer Lybrand and Fritzel L. Lybrand(hereinafter referred to as"Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Defendants and itself as Mortgagee by Assignment. The Mortgage, dated November 28, 2006, was recorded on December 12, 2006 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1976,Page 152. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. Plaintiff is now the legal owner of the mortgage and in the process of formalizing an assignment of same. {00081320} 4. The Mortgage secures the indebtedness of a Note executed by Cofer Lybrand on November 12, 2006 in the original principal amount of$51,500.00 payable to Plaintiff in monthly installments with an interest rate beginning at 8.75%and currently at 5%. A copy of the Note is attached and made a part hereof as Exhibit`B'. 5. The land subject to the mortgage is 251 Pine Grove Road, Gardners, PA 17324. A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. The Defendants are the Record Owners of the mortgaged property located at 251 Pine Grove Road, Gardners, PA 17324. 7. The Mortgage is now in default due to the failure of Defendants to make payments as they become due and owing. As a result of the default,the following amounts are due: Principal Balance $61,830.83 Interest to 4/24/2014 $1,998.22 Accumulated Late Charges $1,385.59 BPO $190.00 Inspection Fees $110.00 Cost of Suit and Title Search $550.00 Attorney's Fees $1,300.00 TOTAL $67,364.64 plus interest from 4/25/2014 at$8.47 per day, costs of suit and attorney's fees. 8. 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 purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Intention to Foreclose("Act 6 Notice")41 P.S. Section 403 and Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice")35 P.S. Section 1680.403c. (00081320) 10. The Notice of Intention to Foreclose and Notice of Homeowners' Emergency Mortgage Assistance were required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on March 10,2014. A copy of the Notice is attached and made a part hereof as Exhibit `C'. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $67,364.64 together with the interest from 4/25/2014 at$8.47 per day, costs of suit and attorney fees. LAW OFFICES OF GREGORY JAVARDIAN a BY: Grego Javardian, Es u ire Id.No. 55669 ❑Mar} . Kennedy, Es uife Id.No. 77149 ❑Meghan K. Boyle, Es u re Id.No. 201661 ❑Sean P. Mays, Esquire d.No. 307518 Attorneys for Plaintiff {00081320} EXHIBIT `A' Prepared By Ocean Bank,F.S.B. One Home Loan Plaza,Suite Three _=:1 ". 'i _.t i Warwick,Rhode Island 02886-1765 1-800-223-1700 ` ` •: After Recording Return To: t0iu D I H 12 PM 2 09 Ocean Bank,F.S.B. One Home Loan Plaza,Suite 3 Warwick,Rhode Island 02886-1765 1-800-223-1700 UPI Number. 08-38-2172-021 ]Spsce Above This Line For Recording Data] Loan Number MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated NOVEMBER 28,2806,together with all Riders to this document. (B) "Borrower" is COFER LYBRAND and FRITZEL L LYBRAND.Borrower is the mortgagor under this Security Instrument (C) "Lender" is OCEAN BAND,F-S.B••Lender is a FEDERAL SAVINGS BANK organized and existing under the laws of THE UNITED STATES OF AMERICA. Lender's address is ONE ROME LOAN PLAZA, SUITE 3, WARWICK, RHODE ISLAND 02856-1765. Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated NOVEMBER 28,2006.The Note states that Borrower owes Lender FIF'T'Y-ONE THOUSAND FIVE HUNDRED AND W108ths Dollars (U.S.$51,500.00) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 2,2036. (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." ent c es and late c es due (F) "Loan" means the debt evidenced by the Note,plus interest,any prepaym hang barges under the Note,and all sums due under this Security Instrument,plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: IN Adjustable Rate Rider O Condominium Rider 0 Second Home Rider O Balloon Rider 0 Planned Unit Development Rider ❑Other(s)[specify] O 1-4 Family Rider 0 Biweekly Payment Rider PMNSYL'1rANIA-S3 ng1 e Family-Fans*MadFre&se Mac UNWORM 1NyMUMENT Form 3o39 Vol (page I of 14 pages) C-/-• V', BK 97GPGat52 (H) "Applicable Law" means all controlling applicable federal,state and local statutes,regulations,ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of finds,other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal,telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (I) "Escrow Items"means those items that are described in Section 3. (L) "MiaeeHaaeous.Proceeds" means any compensation, settlement,award of damages,or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5)for:(1)damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property-,(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. "Mortgage Insurance" means insurance protecting Lender against the nonpayment of,or default on,the Loan. (l) "Periodic Payment" means the regularly scheduled amount due for(i)principal and interest under the Note,plus(iii)any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation,Regulation X(24 C.F_R.Part 3500),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage lona"under RESPA (P) "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan,and all renewals,extensions and modifications of the Note;and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby mortgage,grant and convey to Lender the following described property located in the County of CUMBERLAND [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] SEE ATTACHED SCHEDULE A PENNSYLVANIA-Single Family-Fame Ma&Treddk Mme UNIFORM INSTRUMENT Farm 3039 1101 (page 2Jof 14 pages) BK 1976PGO 153 which currently has the address of 251 PINE GROVE RD [Street] GARDNERS ,Pennsylvania 17324 (»Poperty Address»)- [City] (Zip Code) TOGETHER WITH all the improvements now or hereafter erectcd on the property,and all casements, appurtenances, and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrament. All of the foregoing is referred to in this Security Instrument as the Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property UNIFORM COVENANTS.Borrower and Lender covenant and agree as full es.Borrower 1. Payment of Prindpal,Interest,Escrow Iters,Prepsyment Charges,and I,ste Ch: shall pay when due the principal of, and interest on, the debt evidenced by the Note Escroand Items pursuant to charges and late charges due under the Note. Borrower shall also pay fiulds for Section 3. Payments due under the Note and this Security Instamnent shall be made in U.S.currency. However, if any check or other instrument received"by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selected by Lender:(a) cash; (b) money order,(c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or (d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment inmffrcient to bring the Loan current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds. PENNSYLVANIA-Single Family-Faank MsdBre&Me M"°UNMORM INSTRUMENT Form 3934 1101 (page 3 of 14 pages) C', ,� . BKI976PGO154 1 , Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future st again Lender shall relieve Borrower from makingpayments��u der the Note and this Security Instrument or performing the covenants and agrcem int 2. Appltcstion of Payments or Proceeds.Except as otherwise described in this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority: (a)interest due under the due under the Note;(c)amounts due under Section 3. Such payments shall be applied to Note; (b) principal amounts shall be applied first to each Periodic Payment in the order in which it became due. and then to reduce the principal late charges, second to any other amounts due under this Security balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient ay be applied to the delinquent payment and the late charge. amount to pay any late charge due,the payment m If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments it and to the extent that,each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3.Funds for Escrow Items,Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for.(a)taxes Instrument a lien or encumbrance and assessments and other items which can attain priority over this Security pre for any and all on the Property; (b) leasehold payments or ground rents on the Property,if any;(c)pre insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums,if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any,be escrowed by Borrower,and such dues,fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower`s obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly,when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase "covenant and agreement"is used in Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rightsunder n Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to at any time by a notice given in such amount. Lcnder may revoke the waiver as accordance with Section 15 and, upon such revocation,Borrowto any or all ershallcrowltems pay to Lender 811 Funds,and in such amounts,that are then required under this Section 3. Lender may, at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b)not to exceed the maximum amourrt a lender can require under RESPA. Leader shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of firture Escrow Items or otherwise in accordance with Applicable Law. rV4NMVANIA-Single Family-Faaoie Ms dFreddk Mae UNIFORM INSTRUM urr Form 3039 1/01 (page 4 oj14 pages) BK I 976PGO 15.5 The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law roquires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower for the excess funds in accordance with RESPA. If the is a shortage o Fu Funds held pa ,as defined r the under RESPA, Lender shall notify Borrower as reqs by RESM and amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA,Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. shall promptly refit to Upon payment in full of all sums secured by this Security Instrument, Leader Borrower any Funds held by Lender. impositions attnburtable 4. Charges; Liens.Borrower shall pay all taxes,assessments,charges,fines,and to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any. To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement,(b)contests the lien in good firth by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to pre`VMA the enforcement of the lien while those proceedings are Pending,but only until such proceedings are concluded;or (c)secures from the holder of the lien an agreement satisf$ctory to Lender subordinating the lien to this Security InstrumeaL If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the property insured against loss by fire, hazards included within the term"extended coverage,"and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrowers choice,which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan,either: (a)a one-time charge for flood zone determination,certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. PENNSYLVANIA-Single Family-Famk MsrlFre&k Mie UNIFORM INSTRumNT Form 3034 1/01 (page S of 14 pages) C' .z . BKi976PGO156 If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage, at Lender's option and Borrowees expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender,but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower aclaiowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lendez*s right to disapprove such policies, shall include a standard mortgage clause,and shall name Lender as ogee and/or as an additional loss payee- Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for doge to,or destruction of, the Property, such policy shall include a standard mortgage clause and shall risme Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender ma gY make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in ce whether or not the underlying insurance was required by Lender,shall be writing, any insuro proceeds, is economically feasible and Lender's applied to restoration or repair of the Property,if the restoration or repair security is not lessened Daring such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be Undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed Unless an agreement is made in writing or Applicable �Merest b ires intcmst to be paid an such insurance proceeds, Lender shall not be required to pay B i � proceeds. Fees for public adjusters, or other third parties,retained by Borrower shall not be Paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,the ins mme'Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property.Lender may file,negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period.will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Bonowces rights(other than the right to any refund of unearned premiums paid by Borrower)Under all insurance policies covering the property, insofar as such rights are applicable to the coverage of the Property. Lender may use the msiuldl= proceeds either to repair or restore the property or to pay amounts unpaid Under the Note or this Security Instrument,whether or not then due. as Borrower's residence 6. Occupancy. Borrower shall OCCUPY,establish,and use the Property P�cip� within 60 days after the execution of this Security Instrument and shall continue to OCCUPY the Property as Borrower's principal residence for at least one year after the date of occupancy,Unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. PFNNMVANIA-Single Family-Frank M6&/Freddie Msc UNIFORM INSMUMM Form 3039 Vol (page 6 of 14 pages) Eft t 976PG01 57 7. Preservation, Maintenance and Protection of the Property;Inspections.Borrower shall not destroy, damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined puromt to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in correction with damage to, or the taking of,the Property,Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufFiicient to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has re=asonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection spocifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if,during the Loan application process, Borrower or any persons or entitles acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan_ Material repmsentations inchxle,but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. Under this Security Lour umeaL If(a) 9. protection of Lenders Interest in the Property and Rights Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court;and(c)paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes,but is not limited to,entering the Property to make repairs,change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions,and have utilities tamed on or off. Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. PENNSYLVANIA-Single Family-Fannie MaelFredme Mae uNwoRM INSTRiIIilEINT Form 3039 1/01 (page 7 of 14 pages) fi�L Bi4I976PGO158 Insurance. If Lender required M°�ge hnsurance as a condition of making the Loan, 10. mortgage insurance in effect. It far any reason,the Borrower shall pay the premiums required to maintain the Mortgage incus that Mortgage Insurance coverage required by Lender ceases to be available from the mortgage previously provided such insurance and Borrower was required to make separately designated payments toward e Insurance, Borrower shall pay the premiums required to obtain coverage the premiums far Mortgage ousl in effect,at a cost substa filly equivalent to the substantially equivalent to the Mortgage Insurance sly i y insurer selected by cost to Borrower of the Mortgage Insurance previously in effect,from an alternate mortgage shall continue to Lender. If substantially equivalent Mortgage Issuance coverage is not available,Borrower pay to Lender the amount of the separately designated payments that were due when the insurance coverage e Loan is ceased to be in effect. Lender will accept,use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,notwithstanding the fact that the loss ultimately paid in full, and Lender shall not be required to pay Borrower any interest a earnings on reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(n the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available,is rites separately designated payments toward the premiums for Mortgage b=ane. If obtained, and bender req Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make the Tums separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay prem required to maintain Mortgage Insurance in effect,or to provide a non-reftmdable low� Borrower requirement for Mortgage Insurance ends in accordance with any written agreement Law. Nothing in this Lender providing for such termination or until termination is required by App licable Section to affects Borrowers obligation to pay interest atm a�l��S the Note �t�)�certain losses it may Mortgage Insurance reimburses Leader (or any entity incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage Insurance. nd may enter Mortgage insurers evaluate their total risk an all such insurance in force from time to time, into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these ents may require the mortgage insurer to make Payments using any source of funds agreements. These agre em that the mortgage insurer may have available (which may include finds obtained from Mortgage Insurance premiums). urrebaser of the Note,another insurer,any reinsurer,any As a result of these agreements, Lender,any p other entity, or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from (or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further agreed to for Mortgage (a) Any such agreements will not aSect the amoun�that nts � rower has et increasethe amount Borrower wall Insurance, or any other terms of the Loan.Such agree owe for Mortgage Insurance,and they will not entitle Borrower to ay refimil. (b) Any such agreements will not affect the nights Borrower has - ff any -with respect to the Mortgage Insurance under the Homeowners Protection AM of 1998 or any other law.These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically,and/or to receive a reload of any Mortgage Insurance premiums that were unearned at tate time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds:Forfeiture.All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender- PENNSYLVANIA-Single Family-Fa=me MadFreddie Mac UNIFORM]NWRUME:NT Form 3o39 Vol (page 8 of 14 pages) HK # 976PGO 159 If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.Daring such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking,destruction,or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fiwtion: (a) the total amount of the sums secured immediately before the partial taking,destruction,or loss in value divided by(b)the fair market value of the Property immediately before the partial taking,destruction,or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the'Opposing Party (as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal,is begun that,in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,if acceleration has occurred, reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that,in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. PENNSYLVANIA-Single Family-Famte MadFreddte Mae UNEMRM INSTRUMENT Form 3039 1/01 (page 9 of 14 pages) 8K 1976PGO 160 12. Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,without limitation, Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-sigmers;Successors and Asdgna Bound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note(a"co--signer"):(a)is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terns of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Serosity Instrument;and(c) agrees that Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrowers obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Bonuwces rights and benefits under this Security Instrument. Borrower shall not be released$om Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default,for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to,attorneys'fees,property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund trade by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Addr=unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one PENNSYLVANIA-Siegle Family-Fannie Madfreddie Mac UNIFORM IN9MUMENT Form 3039 1101 (page 10 of 14 pages) 8K 1976PGC 161 designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lenders address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement un bes this Security Instrument. 16. Governing Law;Severability-,Rules of Construction.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights sad obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given ef1•cct without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender,(b)words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneftcbd Interest in Borrower.As used in this Section 18,"Interest in the Property" means any legal or beneficial interest in the Property,including,but not limited to,those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lenders prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower faits to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate Anter Acceleration.If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a)five days before sale of the Property pursuant to any power of sale contained in this Security Inshument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security histrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (e) pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys'fees,property inspection and valuation fees, and other fees incurred for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument;and(d)takes such action as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged Lender may require that Harrower pay such reinstatement sums and expenses in one or more of the following forms,as selected by Lender:(a)cash; (b) money order,(c)certified check,bank check,treasurers check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality or entity;or(d) Electronic Funds Transfer. Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under Section 18. PENNSYLVANIA-Single Family-Fannie MaeffreMe Mae UNEMRM INSTRUMENT Form 3039 1/01 (page 11 of 14 pages) � L 1976Pco 162 20. Sale of Note; Cbange of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note (together with this Security Instrument)can be sold one or mom times without prior notice to Borrower. A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument,and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer, or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower non Lender may commence, join, on be joined to any judicial action(as either an individual litigant on the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision oi,or any duty owed by reason of, this Security Instrument until such Borrower on Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a)"Hazardous Substances"are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products,toxic pesticides and herbicides, volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials; (b)"Envirvnmeaiat Law" means federal laws and laws of the jurisdiction where the Property is located that relate to heahh,safety or environmental protection, (e) "Environmental Cleanup" includes any response action,remedial action,or removal action, as defined in Environmental Law;and(d)an"Environmental Condition"means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, on threaten to release any Hazardous Substances,on on in the Property.Borrower shall not do,non allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law,(b) which creates an Environmental Condition, or(c)which, due to the presence,use,on release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Leander written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency on private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental Condition, including but not limited to, any spilling, leaking, discharge,release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence,use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns,or is notified by any governmental or regulatory authority, or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANu-Single Fam1y-Fannie hfimmieddie Mae ux oRM INnRumuff Form 3039 1/01 (page 12 ojl4 pages) C') O t 976PGO 163 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. bender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Insfivownt(but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of,among other things: (a) the default; (b) the action required to cure the default;(c)when the default must be cored; and (d) that failure to cure the default as specified may result In accelera6m of the sums secured by this Security Instrument, foreclosure by judicial proceeding and ode of the Property. Leader shalt further Inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified,Lender at its option may require fmmeiiate payment in fall of all sums secured by this Security Instrument without further demand nod may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,including,but not limited to,attorneys'fees and costs of title evidence to the extent permitted by Applicable Law. 23. Blease. Upon payment of all sums secured by this Security Instrument,this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence,Lender shall discharge and satisfy this Security Instrumen. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law,waives and releases any MTM or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws pmviding for stay of execution,extension of time,exemption from attachment,levy and sale,and homestead exemption 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26.Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property,this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable fi+om time to time under the Note. MNNSYLVANIA-Single Famfly-Faede MaNPreddie Mae UNIFORM INSTRUKMT Form 3039 V01 (page 13 of 14 pager) C./4 r-! BK I 976PGO 164 BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (S�) SAND C� C0FE1AYBRA16X _ (Seal) S INV/VD EAO LYBRAND -BUMMwer (tel) (Seal) - -Bo,oww STATE OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) On this, the 28TH day of NOVEMBER,2006,before me,the undersigned officer,personally appeared COFER LYBRAND and FRITZEL L LYBRAND , known to me (or satisfactorily proven) to be the person(s) whose names) is/are subscribed to the within instrument, and acknowledged that he/shdthey executed the same for the purposes therein contained. In witness whereof;I hereunto set my hand and official . (Seal) ALTH OF,ER&SAY" Title of Officer w sdy �npdarss,Notsary P�tiye My Commissi Expires: at.Thw"@►qty ror„n+t�.+.n��s ian,7 20i)e L.Meh I hDM Typed or printed name CERTIFK A �� t do hereby certify that the correct address of the within-named lender is ONE HOMEAN PLAZA, SUITE 3, WARWICK,RHODE ISLAND 0288&1'xb5,witness my hand this_,9C day of Ak*AFft 7 h-V-• Agent ofunder. PENNSYLVANIA-Single Family-Fannie MaelFreddfe Mae UNIFORM INSTRUMENT Form 3039 1/01 (page 14 of 14 pages) BXIMAO 165 Loan Number ADJUSTABLE RATE RIDER (LIBOR Index-Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 28TH day of NOVEMBER,2006,and is incorporated into and shall be deemed to amend and supplement the Mortgage,Deed of Trust,or Deed to Secure Debt(the "Security Instrument") of the same date given by the undersigned(the"Borrower")to secure the Borrowees Note to OCEAN BAND F.S.B. (the "Lender")of the same date and covering the property described in the Security Instrument and located at: 251 PINE GROVE RD,GARDNERS,PENNSYLVANIA 17324 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 8.750%.The Note provides for changes in the interest rate and the monthly payments,as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 2ND day of DECEMBER,2098,and on that day every sixth month thereafter. Each date on which my interest rate could change is called a"Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S.dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the mouth in which the Change Date occurs is called the"Current Index." If the Index is no longer available,the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding SEVEN AND ONE-HALF percentage points (7.500%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change 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 monthly payment. MULTISTATE AMUSIABLE RATE AMER(LIBOR 1»dri)Si kee Fa=1Y-F tiddeMee MObrrr[D FNSI=bUXr FL,M 3192 109 (page] of3 para} BK 1976PGO ! 6:6 (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.750% or less than 8.750%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE percentage point(1%)firom the rate of interest I have been paying for the preceding six months.My interest rate will never be greater than 14.750'/0 or less than 8.750%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property,including, but not limited to,those beneficial interests transferred in a bond for deed,contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if a Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent,Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shalt not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a)Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTISTATE ADJUSCAKA RATE RIDER(LIBOR Inde:)-Sk&Family-F.AAW M.1MOMM morRDnRNT T.'.3192 1M (page I 0j3 Pam) 1976PGO 167 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. (Seal) CO YBRAND -BonvWer (Seal) FRIT ZEL Yg"? -Bonower (Seal) -Borrower (Seal) -Borrower MUL'ItSTATE AWUSTANX RATB KMM(L BOR Inde:)—Sin&Family-FrWWk Mie MODUM TIZ MUMEff pier 3192 141 (page 3 oI3 pages) 0"ER#: 5518014 EXHIBIT A ALL THAT PARCEL OF LAND IN TOWNSIp OF DICKINSON .CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLV AVIA,AS 71'10RE FULLY DESCRIBED IN D PAGE 1022,W##08-38-2172-021,BEING KNOWN AND DESIGNATED AS 271, PLEED ROOK K TOLAND,FILED IN PLAT BOOK 3,PAGE 68,METES AND BOUNDS PROPERTYANOF. LOTS OF BEING THE NORTHERN PART OF LOT NO.3 CONTAINING 7650 SQUARE FEET ACCORDING TO SURVEY BY PS.ORNER,COUNTY SURVEYOR,DATED OCTOBER 13,1952 DEED FROM COFER LYBRAND,MARRIED AS SET FORTH IN DEED BOOK 271,PAGE 1022 DATED PENNSYLVANIA. 09/2980@5 AND RECORDED 09130/2005,CUMBERLAND COUNTY RECORDS,COMMONWEALTH OF C', /- . ( C'c lIfy this to be recorded lit Cumberland County PA Recorder of.Deeds _ ' 976PGO169 { { EXHIBIT `B i ` Loan Number ADJUSTABLE RATE NOTE (LIBOR Index-Rate Caps) ' T NOTE CONTAINS PROVISIONS ALLOWING MON FOR CHANGES IN My INTEREST RATE AND My MONTHLY PAYMENT THIS NOTE LIMITS THE AMOUNT My INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXMHJM RATE I MUST PAY. NOVEMBER 28 2006 GARDNERS [Date] PENNSYLVANIA [city] [State] 251 PINE GROVE RD GARDNERS PENNSYLVANIA 17324 t [�r"perty Address) L BORRO'WER'S PROMISE TO PAY In return to the order of the Lenreturn for a loan that I have received,I promise to interest, pay U.S.$51,500.00(this amount is called"Principal"),plus der.The Lender is OCEAN U.S. F.S.B,.I will make all payments under this Note in the form of cash,check or money order. I understand that.the Lender may transfer this Note.The Lender or anyone who who is entitled to receive payments under thitakes this Note by transfer and s Note is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount Of Principal has been paid The interest rate required by this Section 2 and Section 4 of this Note is .I will pay interest at a Yearly rate of 8.750%.The interest rate I will pay may change in accordance with Section 4 of this Note. i any default described in Section 7(B)of this Note. the rate I will pay both before and after 3. PAYMENTS (A) T_ime•and Place of Payments i I will pay principal and interest by making a payment every month. I will make my monthly payments on the 2ND day of each month beginning on JANUARY 2,2007.I will make i these payments every month until I have paid all of the principal and interest andany other charges described below that I may owe under this Note.Each monthly payment will be applied as Of its scheduled due date and will be applied to interest before Principal.If,on DECEMBER 2,2036,I still owe amounts under this Note,I will pay those amounts in full on that date,which is called the "Maturity Date." T will make my monthly payments at ONE HOME LOAN PLAZA,SUITE 3,WARWICK 02886-1765 or at a different place if required by the Note Holder, RHODE ISLAND (B) Amount of My initial Monthly payments Each Of my initial monthly payments will be in the amount of U.S,$405.16.This amount may change, (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal Of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 2ND day of DECEMBER,2008 and on that day every sixth month thereafter.Each date on which my interest rate could change is called a"Change Date." (B) The Index Beginning with the first Change Date, is the average of my interest rate will be based on an Index.The"Index" interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR'), as published in ne Wall Street Journal.The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the"Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information.The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SEVEN AND ONF HALF percentage points (7.500%) to the Current Index. The Note Holder will then round the result of this I addition to the nearest one-eighth of one percentage point (0,125%). Subject to the limits stated in Section 4(D) below,this rounded amount will be my new interest rate until the next Change Date, The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change 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 monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be than 8.750%. Thereafter, e, my interest rate will never be increased or decreased on any s�g1e Change Date by moeater than i o.750%or re than ONE percentage point(1 Y")�nI the rate of interest I have been paying for the preceding six months,)v!y interest rate will never be eater than 14.750%or less than 8.750%. I (E) Effective Date of Changes My new interest rate•will become effective on each-Change Date.I Will pay the amount of my new montbly Payment beginning On the first monthly payment date after the Change Date until the amount of my monthly payment changes again. M M77STATE ADJUSTABLE RATE NOTE(LTnon Inder)Siftle Family-Freddie Mu MODIFIED INSTRUMENT For.3590 I/0I (page!00 pagan) 1 (F) Notice of Changes _ The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of m monthly payment before the effective date of any change.The notice will include information required by law f be given to me and also the title and telephone number of a person who will answer an y the notice, y question I may have regarding S. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due.A payment of Principal only is known as a 'Trepayment." When I make a Prepayment, may not designate a payment as a Prepayment if I hanot made alltell thehe>ho to Holder m writing that I am doing so.I I may make a full Prepayment or partial Prepapayyments y P Yments due under the Note. will use my Prepayments to reduce the amountOf Principal that I owe under thn any is Note.ay Howecharver,be Notto old e Holder Y apply my Prepayment to th9 me e accrued and unpaid interest on the Prepayment amount before applying is m Prepayment to reduce the Principal amount of the Note. If I make a partial Pre the due dates of my monthly payments unless the Note Holder agrees in writing to those changes.My g y Prepayment,there will be no changes in Prepayment may reduce the amount of my monthly payments after the fast.Change Date foil m Prepayment.However,any reduction due tom Yparti al 6. LOAN CHARGES y Partial Prepayment may be offset by an interest rate increase.y pial If a law, which applies to this loan and which sets maximum loan charges,is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted Iimit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me.The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct Payment to me.If a refund reduces Principal,the reduction will be treated as a partial Prepayment. 7• BORROWER'S FAILURE TO PAY AS REQUIRED (A) Lstd Charges for Overdue payments If the Note Holder has not received the full amount of any monthly after the date it is due,I will pay a late charge to the Note Holder.The payment of the chargeWill be 5.0o%dof my s overdue payment of principal and interest.I will pay this'late charge Promptly but only once on each latepayment. (B) DefauIE g P p y Y If I do not pay the full amount of each monthly payment on the date it is due,I will be in default. (C) Notice of Default If I am in default the Note Holder may send me a written notice telling no that if 1 do not pay the overdue amount by a certain date,the Note Holder may require me'to pay immediately the full amount of principal which has not been paid and all the interest that I owe on that amount.That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver by Note Holder Even if, at a time I am in default,the No Holder does not require me toa above,the Note Holder will still have the right to do so if I am in default at a later time. lately in full as described (E) Payment of Note Ifolder's Costs and Expenses If the Note Holder has required me to pay in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include,for example,reasonable attorneys'fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A)above or at a different address if I am given a notice of that different address. 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 endorser of this Note is also obligated to do these things.An obligations of a g y Peron who takes over these obligations,including the guarantor, surety or endorser of this Note,is also obligated to keep all of the promises made in this Note. The Note Holder may together.This means that any oenforce its rights under this Note against each person individually or against all of us 10.WAIVERS ne ofus may be required to pay all of the amounts owed under this Note. I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demandpayment Dishonor" means the right to require the Note Holder to give notice to other pe sons hat amounts due uhave not been paid. 11.UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security Instrument"),dated the same date as this Note, protects the Note Holder from possible losses which might promises that I make in this Note. That Security Instrument describes how and under what conditions I may be I required to make immediate a g result ifI do not keep the described as follows: payment in full of all amounts I owe under this Note.Some of those conditions are I MULTISTATE ADJUSTABLE BATE NOTE(LIBOR Ind")-340e Femlly—Freddie Mne MODIFIED INSTRUMENT Form 3590 LOr (rPaBe/7 oj3 P"Sv� Transfer of the Property o' Beneficial Interest in Borrower. If all�:In Interest in the Property is sold or transferred{or if Borrower is not a natural persoy part of the n and a beneficial rtyintor any payment in full Ber orrowis sold or transferred) without Lender's prior written consent, Lender may require immediate of all sums secured by this Security Instrument.However, exercise is prohibited by Applicable Lendethis option shad not be exercised by Lender if such Law. r also shall not exercise this option if(a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law,Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption.Lender may also require the transferee to si acceptable to'Lender and that obligates the transferee to keep all the promises assumption agreement that is Note and u this Security Instrument Borrower will continue to be obligated under the Nota and tmade in the his Security Instrument unless Lender releases Borrower in Writing. If Lender exercises the option to require immediate payment in full,Lender shall give Borrower notice of acceleration. The notice shall provide it period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of tbis period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S)AND SEAI{S)OF THE UNDEPIGNED. COFER - (Seal) C •Bmrawv (Seal) SSN: amrowa (Seal) SSN: Eormwer (Seal) SSN: Borsowcr [Sign Original Only) PAY TO THE ORDER OF WrMOUT RECOURSE THIS• DAY OF OCEAN BANK,F.S.B. BY. 1"TLSTATE ADJUSTABLE RATE NOTE(LIBOR'b&*—Sksle Family—Freddie Mae MOmp=INSTRUMENT gam 3590 1 pI (p+8r 3 oj3 pager) ADDENDUM TO NOTE NOTICE To R DO NOT SIGN TRIS GREEMEN BEFORE yOU READ IT. TIHS ADDENDUM TO THE NOTE PROVIDES FO $E PAYMENT OFA PENALTY 1F YOU WISH TO REPAY THE LOAN PRIOR TO THE DATE PROVIDED FOR REPAYMENT IN THE NOTE. UM TO 2006 and is incorporate into and shallamendam'nddand suppler nt is the promissory ne this 28TH ote of the ame daof te in the principal amount of FIFTY-ONE THOUSAND FIVE HUNDRED AND("Note") given by the prersons signing below as borrower('Borrower")to OCEAN BLANK, SolBlars ("Lender) and which Note is secured by a Mortgage or Deed of Trust of the same date("Security Instrument")covering the property described the Security instrument("property+? A. The terms used in this Addendum have the same meanings as in the Not. B. The terms of the Note are revised as follows: < j If I make a prepayment,the Not Holder may require me to a a prepayment purposes of this Addendum,"Prepayment"shall be defined as pay paymentof penalty.(For (20%) or more of the original Note amount within any twelve(12)nth penile)If Percent mae a prepayment during the first thirty-six (36) months from the date of the Note,I may be required to pay a prepayment penalty equal to five percent(5%)of the amount I still owe under the Note immediately prior to my prepayment being received by the Not Holder. The Not Holder will not charge.meaprepayment immediately the full amounts owed under thNtecau e I am in default unif I am der the terms f the Note or Security Instrument• I may make a prepayment a being required to pay ny time ages.three(3)years from the date of the Not without a prepayment penalty to the Note Holder. C. Bxeept as specifically stated, above, the terms of the Note remain unchanged and in full f Witness (lP/L��/� -SQ12�e/^J Borrowe COFE L Witness Borrower Borrower i BOmz— j PreFaYmeat Addendum to Not.3.Om OCEAN BANK,T'.S.B. ONE HOME LOAN PLAZA,SUITE 3,WARWICK,RHODE ISLAND 02866.1765 WITNESS ACKNOWLEDGMENT This will serve to acknowledge that on the 28TH day Of NOVEMBER,2006,COFER LYERA14D executed in my presence an original Promissory Note in favor of OCEAN BANK,F.S.B.to secure the original principal amount of$51,500.00,a copy of which is attached hereto and made part hereof. SA A%,C) y EXHIBIT `C ' (Rev. 9/2008) Date: March 10, 2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURES - be Via: First Class and Certified Mail SENDERS Cofer L brandRECORD Lybrand Fritzel L. Lybrand Article Nu _ 251 Pine Grove Road 251 Pine Grove Road - ` ` Gardners, PA 17324 Gardners, PA 17324 - SENDERS.RECORD This is an official notice that the mortl4age on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM HEMAP may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when you meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving our Coun ly are listed at the end of this Notice. If you have any questions, you rngy call the Pennsylvania Housin Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. {00068876} * (Must be at least 30 ointtype) HOMEOWNER'S NAME(S): Cofer Lybrand and Fritzel L. Lybrand PROPERTY ADDRESS: 251 Pine Grove Road, Gardners, PA 17324 LOAN ACCT.NO.: ORIGINAL LENDER: Ocean Bank, F.S.B. CURRENT LENDER/SERVICER: Deutsche Bank National Trust Company, as Trustee for Home Loan Mortgage Loan Trust 2006-1 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983(THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS,AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE 33 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to- face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30)days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY,AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE". (00068876) YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION E62CN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it UP to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 251 Pine Grove Road Gardners PA 17324 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Charges: 10/2/2013-3/2/2013 6 months at$531 12 $3,318.72 Late Charges $1,297.82 Property Inspection $110.00 BPO 190.00 TOTAL DUE: $4,916.54 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (_Do not use if not applicable.) N/A HOW TO CURE THE DEFAULT -- You may cure the default within THIRTY (30) DAYS of the date of this notice (plus three (3) days for mailing) BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4,916.54, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to: Home Loan Investment Bank, F.S.B. One Home Loan Plaza, Warwick, RI 02886. Contact: Matt Brannon You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) N/A {00068876) IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice(plus three (3) days for mailing), the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS (plus three (3) days for mailing), the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable 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) DAY period (plus three (3) days for mailing),you will not be required to pay attorney's fees OTHER LENDER REMEDIES --The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period (plus three (3) days for mailing) and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Home Loan Investment Bank,F.S.B. Address: One Home Loan Plaza, Warwick, RI 02886 Phone Number: 1-800-223-1700 Contact Person: Matt Brannon EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You may or _X_ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. {00068876) YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY See attached sheets listing the agencies serving your county See attached Notice Pursuant to Fair Debt Collection Practices Act {00068876) NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This is an attempt to collect a debt and any information obtained will be used for the purpose. 2. Unless you dispute the validity of this debt, or any portion thereof,within thirty(30) days after receipt of this notice,the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within thirty (30) days of receipt of this notice that the debt,or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the judgment against you,and a copy of such verification or judgment will be mailed to you by our offices. 4. If you notify our offices in writing within thirty(30) days of receipt of this notice,our offices will provide you with the name and address of the original creditor, if different from the current creditor. {000688761 HEMAP Consumer Credit Counseling Agencies CUMBERLAND County Report last updated:02/24/2014 01:16 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 17102 Harrisburg,PA 17104 888-511-2227 717-232=9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 17401 Waynesboro,PA 17268 717-855-2752 717-762-3285 PathStone Corporation PathStone Corporation 1625 North Front St 450 Cleveland Ave Harrisburg,PA 17102 Chambersburg,PA 17201 717-234-6616 717-264-5913 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg,PA 17325 Harrisburg,PA 17110 717-334-1518 717-780-3940 800-342-2397 TO: TO: Cofer Lybrand Fritzel L. Lybrand E 251 Pine Grove Road s' 251 Pine Grove Road Gardners,PA 17324 ( Gardners,PA 17324 I i SENDER: SENDER: REFERENCE: TAS REFERENCE: Home Loan v.Lybrand Home Loan v. Lybrand rr �9��4A0001 1299 88 ► �aju4A 0001 1300 38 RETURN Postage RECEIPT RETURN Postage SERVICE Certified Fee 0.6 RECEIPT Certified Fee 0.6 Return Receipt Fee 3.3 SERVICE Return Receipt Fee 3.3 Restricted Delivery Restricted Delivery Total Postage&Fees Total Postage&Fees USPS• POST RBA 1\ USPS" P 63 Receipt for �q� z Receipt for y 1 Certified Mail'" Certified Mail'" co, � z No Insurance Coverage Provided No insurance Covera a Do Not Use for International Mail :�\! O=, `` �Provided { f Do Not Use for International Mail S PS VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge,information and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904,relating to unsworn falsification to authorities. Name:,BR I A J MURPNY Title: Pm,slo Fiv-r Deutsche Bank National Trust Company, as Trustee for Home Loan Mortgage Loan Trust 2006-1 by Home Loan and Investment Bank Servicing Officers Re:Lybrand,Cofer and Fritzel 14-01547 {00078505} LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN, ESQUIRE ID. NO. 55669 .4 MARY F. KENNEDY, ESQUIRE ID. NO. 77149 MEGHAN K. BOYLE, ESQUIRE ID.NO. 201661 SEAN P. MAYS, ESQUIRE ID NO. 307518 1.t RICHARD J.NALBANDIAN, }II, ESQUIRE ID NO. 312653 `'� 4'�`L Vx.,, 7`r 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215)942-9690 ATTORNEY FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST 2006-1 CIVIL DIVISION ONE HOME LOAN PLAZA, SUITE 3 WARWICK, RI 02886 CUMBERLAND COUNTY PLAINTIFF vs. a?r 6 NO. )q, COFER LYBRAND FRITZEL L. LYBRAND COMPLAINT IN 251 PINE GROVE ROAD MORTGAGE FORECLOSURE GARDNERS, PA 17324 DEFENDANTS 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 2439400 extension 2510 or 800 8225288 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 {00081320} 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 THESTEPS REQUIRED BY THIS NOTICE THIS PROGRAM IS FREE. LAW OFFICES OF GREGORY JAVARDIAN DATE: BY: 41 � Ll�� Greory Javardian,uStuire uire Id.No. 55669 []Mag F.Kennedy, ire Id.No. 77149 ❑Meghan K.Boyle, Id.No.201661 ❑Sean P.Mays,Esquire Id.No. 307518 Attorneys for Plaintiff {00081320} Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale?Yes ❑ No ❑ Listing date: Price: $ Realtor Name Realtor Phone Borrower Occupied? Yes ❑ No ❑ Mailing Address(if different) City State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: CO-BORROWER Mailing Address: City: State Zip: Phone Numbers: Home: Office: Cell: Other: Email: Number of people in household How long: FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number Date You Closed Your Loan: Second Mortgage Lender: Type of Loan {00081320} 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)Model: Year: Amount owed$: Value: $ {00081320} 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 paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage $ Food $ 2nd 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/Alimony $ Spending Money $ Day/Child Care Tuition $ 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: Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP)assistance Yes ❑ No ❑ If yes please indicate the status of the application: {00081320} 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 known regarding your lender's or lender loan servicing company Lender Contact(Name) Phone Servicing Company(Name) Contact: Phone AUTHORIZATION I/We authorize the above named to use/refer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I/We understand that I/we am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date {00081320} Please forward this document along with the following information to lender and Gregory Javardian,Esquire,lender counsel: Proof of income Bank statements to cover the last 60 day period If self employed,we must have the last 3 bank statements from both their business and personal bank accounts. Proof of any expected income for the last 45 days Dodd Frank Certificate 4506T-EZ form Copy of last two months utility bill Letter explaining reason for delinquency and any supporting documentation Hardship letter Listing agreement if property is currently on the market Gregory Javardian,Esquire 1310 Industrial Boulevard, Suite 101 Southampton,PA 18966 (tel)215-942-9690 (fax)215-942-9695 Attention:Tami Kowalski (tel)215-942-9690 ext. 1309 tami@iavardianlaw.com {00081320} Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFIGE OF THE SiAtEFiFP F IL. EJ -,.'r» I. THE PROTHONOTARY 2111'i fM Y 23 41110: 16 CUMBERLAND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company vs. Cofer Eugene Lybrand (et al.) Case Number 2014-2804 SHERIFF'S RETURN OF SERVICE 05/13/2014 06:33 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Affidavit by handing a true copy to a person representing themselves -to be Kayla Lybrand, Daughter, who accepted as "Adult Person in Charge" for Cofer Eugene Lybrand at 251 Pine Grove Rd., Dickinson Township, Gardners, PA 17324. DAWN KELL, DEPUTY 05/13/2014 06:33 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Affidavit by handing a true copy to a person representing themselves to be Kayla Fritzel, who accepted as "Adult Person in Charge" for Fritzel Lybrand at 251 Pine Grove Road, Dickinson Township, Gardners, PA 17324. *Per Kayla Fritzel, defendant's daughter, the defendant DOES reside at this address. DAWN KELL, DEPUTY SHERIFF COST: $56.43 SO ANSWERS, May 14, 2014 RONR ANDERSON, SHERIFF (c) CountySuite Sheriff, Te eosoft, Inc. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY j ; O I H D' iU 1-1', i\ i 1 1 :' THE �' i OFF 'r C'_ OF THE SHERIFF *AMENDED* 231W JUN -4 PM 3: 15 rUiPENNS LVANIA COUNTY Deutsche Bank National Trust Company vs. Cofer Eugene Lybrand (et al.) Case Number 2014-2804 SHERIFF'S RETURN OF SERVICE 05/13/2014 06:33 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure Person in Charge" for Cofer Eugene Lybrand at 251 Pine Grove Rd., Dickinson Township, Gardners, PA 17324. I�a-t-ts- r. g • I �. DAWN KELL, DEPUTY 05/13/2014 06:33 PM - Deputy Dawn Kell, 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 Kayla Fritzel, who accepted as "Adult Person in Charge" for Fritzel Lybrand at 251 Pine Grove Road, Dickinson Township, Gardners, PA 17324. *Per Kayla Fritzel, defendant's daughter, the defendant DOES reside at this address. SHERIFF COST: $56.43 May 14, 2014 (c) CountySuite Sheriff, Teieosol`, Inc. 0...L.rrtg )611_ DAWN KELL, DEPUTY SO ANSWERS, RONR ANDERSON, SHERIFF Di: HY:Lf-'17-"P-CAH'fN1:10 • . \ - LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN,ESQUIRE Id.No. 55669 MARY F. KENNEDY,ESQUIRE Id.No. 77149 20i AUG 28 AH 9: i, 7 MEGHAN K. BOYLE, ESQUIRE Id.No, 201661 C li;18ELtir-RNI..s4'1;D: COUNTY SEAN P.MAYS, ESQUIRE Id No.307518 1310 INDUSTRIAL BOULEVARD 1r FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215)942-9690 r - DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST 2006-1 CUMBERLAND COUNTY ONE HOME LOAN PLAZA, SUITE 3 WARWICK, RI 02886 No.: 14-2804-CIVIL vs. COFER LYBRAND FRITZEL L. LYBRAND 251 PINE GROVE ROAD GARDNERS, PA 17324 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against COFER LYBRAND and FRITZEL L. LYBRAND, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As Set forth in Complaint $67,364.64 Interest 04/26/2014 to 08/25/2014 1,024.87 TOTAL $68,389.51 1 hereby certify that (I)the addresses of the Plaintiff and Defendant(s) are as shown above, and (2)that notice has been given in accordance with Rule 237.1, copy attached. . i Aikr. 41 Gre.or Java •la ouire Id. No. 55669 DMat.ftY -. Kennedy. quire Id. No. 77149 E f Meghan K. Boyle, quire Id. No. 201661 LI Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff Damages are hereby assess-d as indicated. tiltdDATE: 6 v PROPROP 1,chso?d„.( cot .a I Cb6- voce inetleirk, rio-? 8 LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN,ESQUIRE Id.No.55669 MARY F.KENNEDY,ESQUIRE Id. No.77149 MEGHAN K.BOYLE,ESQUIRE Id. No,201661 SEAN P.MAYS,ESQUIRE Id No.307518 1310 INDUSTRIAL BOULEVARD 1ST FLOOR,SUITE 101 SOUTHAMPTON,PA 18966 (215)942-9690 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY,AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST 2006-1 CUMBERLAND COUNTY vs. No.: 14-2804-CIVIL COFER LYBRAND FRITZEL L. LYBRAND VERIFICATION OF NON-MILITARY SERVICE The undersigned hereby verifies that he/she is attorney for the Plaintiff in the above- captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) Defendant(s),COFER LYBRAND, is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.S. Appx. §§ 501 et.seq. (b) Plaintiff is unable to determine if Defendant, FRITZEL L. LYBRAND, is in the Military of Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act, 50 U.S.C.S. Appx. §§501 et seq.,because it is unaware of the date of birth or social security number of the Defendant. (c) Defendant, COFER LYBRAND, is over 18 years of age,and resides at 251 PINE GROVE ROAD,GARDNERS, PA 17324. (d) Defendant, FRITZEL L. LYBRAND, is over 18 years of age,and resides at 251 PINE GROVE ROAD, GARDNERS, PA 17324. (e) Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST 2006-1, is an institution conducting business under the Laws of the Commonwealth of Pennsylvania with an address of ONE HOME LOAN PLAZA, SUITE 3, WARWICK, RI 02886. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. • rt/regt , Javar: anisq re Id. No. 55669 :1Ma . Kennedy, sq ire Id.No. 77149 OMeg an K. Boyle, k uire Id.No. 201661 Li Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN,ESQUIRE Id.No.55669 MARY F.KENNEDY,ESQUIRE Id.No,77149 MEGHAN K.BOYLE,ESQUIRE Id,No.201661 SEAN P.MAYS,ESQUIRE Id No.307518 1310 INDUSTRIAL BOULEVARD 1ST FLOOR,SUITE 101 SOUTHAMPTON,PA 18966 (215)942-9690 ATTORNEYS FOR PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY, In The Court of Common Pleas AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST 2006-I Cumberland County ONE HOME LOAN PLAZA,SUITE 3 WARWICK,RI 02886 No. 14-2804-Civil Plaintiff v. COFER LYBRAND FRITZEL L.LYBRAND 251 PINE GROVE ROAD GARDNERS,PA 17324 Defendants TO: COFER LYBRAND FRITZEL L.LYBRAND 251 PINE GROVE ROAD 251 PINE GROVE ROAD GARDNERS,PA 17324 GARDNERS.PA 17324 DATE OF NOTICE:AUGUST 14,2014 NOTICE,RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims se forth against you. Unless you act within ten(10)days from the date of this notice,a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one,go to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association 32 South Bedford Street Carlisle,PA 17013 (800)990-9108 (717)249-3166 BY: / (7 Grego- Javardi, ,E•qu' e Id.No.55669 OM• •F.Kennedy,E.q :re Id.No,77149 OMeghan K,Boyle,Ebacuuire Id.No.201661 OSean P.Mays,Esquire Id.No.307518 Attorneys for Plaintiff Usted se encuentra en estado de rebeldia por no haber tornado Ia accion requiida de su parte en este caso. Al no tomar Ia accion debida dentro de un termino de diez(10)dias de esta notificacion.el tribunal podra,sin necesidad de compararecer usted en cone o escuchar prueba alguna,dieter sentencia en su contra,usted puede perder bienes y otros derechos importantes. Debe Ilevar esta notificacion a un abogado immediatemente si usted no bene abogado,o si no tiene dinero suficiente para tal servicio,vaya en persona o(lame por telpfono a Ia oficina,cuya direction se encuentra escrita abajo para averiguar donde se puede conseguir assistencia legal. "NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE" {00110421} OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: COFER LYBRAND FRITZEL L. LYBRAND 251 PINE GROVE ROAD GARDNERS, PA 17324 DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST CUMBERLAND COUNTY 2006-1 No.: 14-2804-CIVIL Plaintiff vs. COFER LYBRAND FRITZEL L. LYBRAND Defendant(s) NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession by Default Judgment on Award of Arbitration Judgment on Verdict -Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: Law Offices of Gregory Javardian at this telephone number: (215) 942-9690. OF THEtPRO HONO i Ar, COMMONWEALTH OF PENNSYLVANIA Mt OCT -6 /I 9. !; 0 COUNTY OF CUMBERLAND CUl°iQ PLANO COUPdTY PENNS'OSA NIA DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY, AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST CUMBERLAND COUNTY 2006-1 ONE HOME LOAN PLAZA, SUITE 3 • No.: 14 -2804 -Civil WARWICK, RI 02886 vs. Cofer Lybrand Fritzel L. Lybrand 251 Pine Grove Road Gardners, PA 17324 PRAECIPE FOR WWRIT OF EXECUTION MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter Amount Due Interest from 8/26/14 to Date of Sale @ $11.24 per diem Subtotal (Costs to be added) coAA-59F,Sts?0) a s0 mg LES- S ((D, Sa it Lt nif ,0301 ort19 Ql�� 44 • Sowgt fa $68,389.51 Grego Javardian,jquire Id. No. 55669 ❑ Mary F. Kennedy, !: squire Id. No. 77149 ❑Meghan K. Boyle, Esquire Id. No. 201661 ❑ Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff 1310 Industrial Boulevard 1st Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 • 0,1 06 41%sued ALL THAT CERTAIN lot of ground situate in the Township of Dickinson, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a post, corner of property herein described and that now or late of Charles Windowmaker; thence South 21 '/2° East a distance of 67 feet to an iron pin; thence South along lands now or formerly of M.R. McDilda 71 '/2° West a distance of 30 feet to an iron pin; thence North 21 'A° West a distance of 65.5 feet along line of property late of Margaret Gamer to an iron pin; thence North 69° East a distance of 30 feet to a post, the point and place of BEGINNING. CONTAINING 7,650 square feet, according to a survey by P.S. Omer, county surveyor, dated October 13, 1952. BEING THE SAME PREMISES which Cofer Lybrand, married man, by Deed dated September 29, 2005 and recorded September .30, 2005 in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book Volume 271, Page 1022, granted and conveyed unto Cofer Lybrand and Fritzel L. Lybrand, husband and wife. BEING KNOWN AS: 251 Pine Grove Road, Gardners, PA 17324 PARCEL #08-38-2172-021 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST 2006-1 vs. Cofer Lybrand Fritzel L. Lybrand COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14 -2804 -Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 251 Pine Grove Road, Gardners, PA/17324: 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cofer Lybrand 251 Pine Grove Road Gardners, PA 17324 Fritzel L. Lybrand 251 Pine Grove Road Gardners, PA 17324 2. Name and address of Defendant(s) in the judgment: - Cofer Lybrand 251 Pine Grove Road Gardners, PA 17324 Fritzel L. Lybrand 251 Pine Grove Road Gardners, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Judy L. Weaver Cumberland County Adult Probation Main Office Last Known Address (if address cannot be reasonably ascertained, please indicate) 1290 Gun Club Road York Spring, PA 17372 4 East Liberty Avenue Carlisle, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Plaintiff. American General Consumer Discount Co. 6 South Hanover Street Carlisle, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Cumberland County Domestic Relations Cumberland County Tax Claim Bureau PA Department of Public Welfare Bureau of Child Support Enforcement 13 North Hanover Street P.O. Box 320 Carlisle, PA 17013 1 Courthouse Square Old Courthouse, Room 106 Carlisle, PA 17013 Health and Welfare Building — Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenants/Occupants 251 Pine Grove Road Gardners, PA 17324 I verify that the statements made in this affidavit are true and correct to the best of my knowledge, information and belief I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. ry Javardian quire Id. No. 55669 El Mary F. Kennedy, squire Id. No. 77149 0Meghan K. Boyle, Esquire Id. No. 201661 0 Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff September 30, 2014 LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST 2006-1 vs. Cofer Lybrand Fritzel L. Lybrand FILED -OFFICE OF THE PROTHONO TA1. . 20 (4 OCT - 6 ANN 9; �� I CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 14 -2804 -Civil CERTIFICATION TO SHERIFF OF CUMBERLAND COUNTY AS TO THE SALE OF REAL ESTATE I hereby certify that I am the attorney for the Plaintiff in this Mortgage Foreclosure Action and further certify this Property is: FHA Tenant Occupied Vacant Commercial As a result of Complaint in Assumpsit Act 6 and/or Act 91 complied with VGregg4 y/Javardian squire Id. No. 55669 ❑ Mary ff, . Kennedy, squire Id. No. 77149 ❑ Meghan K. Boyle, Esquire Id. No. 201661 ❑ Sean P. Mays, Esquire Id. No. 307518 Attorneys for Plaintiff LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN, ESQUIRE Id. No. 55669 MARY F. KENNEDY, ESQUIRE Id. No. 77149 MEGHAN K. BOYLE, ESQUIRE Id. No. 201661 SEAN P. MAYS, ESQUIRE Id No. 307518 1310 INDUSTRIAL BOULEVARD 1ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST 2006-1 vs. Cofer Lybrand Fritzel L. Lybrand ILT.TO- OF THE POFF/CEROTHONOTAlf': 21114 OCT -6 Ati 9: 1 CUMBERLAND PENNSYLVAIi1ACOUNTY COURT OF COMMON PLEAS• CUMBERLAND COUNTY No.: 14 -2804 -Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Cofer Lybrand Fritzel L. Lybrand 251 Pine Grove Road Gardners, PA 17324 Your house (real estate) at 251 Pine Grove Road, Gardners, PA 17324, is scheduled to be sold at Sheriffs Sale on MARCH 4, 2015 at 10:00 A.M., in the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, to enforce the court judgment of $68,389.51, obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST 2006-1, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 942-9690. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFS SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 942-9690. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call Law Offices of Gregory Javardian at (215) 942-9690. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO. TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 TELEPHONE: (717) 249-3166 (800) 990-9108 ALL THAT CERTAIN lot of ground situate in the Township of Dickinson, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a post, comer of property herein described and that now or late of Charles Windowmaker; thence South 21 1/2° East a distance of 67 feet to an iron pin; thence South, along lands now or formerly of M.R. McDilda 71 1/2° West a distance. of 30 feet to an iron pin; thence North 21 1/2° West a distance of 65.5 feet along line of property late of Margaret Garner to an iron pin; thence North 69° East a distance of 30 feet to a post, the point and place of BEGINNING. CONTAINING 7,650 square feet, according to a survey by P.S. Orner, county surveyor, dated October 13, 1952. BEING THE SAME PREMISES which Cofer Lybrand, married man, by Deed dated. September 29, 2005 and recorded September30, 205 in the Office of the Recorder of Deeds in and' for • Cumberland County in Deed Book Volume 271, Page 1022, granted and conveyed unto Cofer Lybrand and Fritzel L. Lybrand, husband and wife, BEING KNOWN AS: 251 Pine Grove Road, Gardners, PA 17324 PARCEL #08-38-2172-021 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HOME LOAN MORTGAGE LOAN TRUST 2006-1 Vs. NO 14-2804 Civil Term CIVIL ACTION — LAW COFER LYBRAND FRITZEL L. LYBRAND WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ; Amount Due: $68,389.51 L.L.: $.50 Interest FROM 8/26/14 TO DATE OF SALE @ $11.24 PER DIEM Atty's Comm: Atty Paid: $20,18 Plaintiff Paid: Date: 10/6/14 (Seal) Due Prothy: $2.25 Other Costs: David D. Buell, Prothonotary • Deputy REQUESTING PARTY: Name: GREGORY JAVARDIAN, ESQUIRE Address: LAW OFFICES OF GREGORY JAVARDIAN 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 Attorney for: PLAINTIFF Telephone: 215-942-9690 Supreme Court ID No. 55669