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HomeMy WebLinkAbout14-3188 Supreme Co ` �Coi,3�'ennsy lvania of � Con OPMuo Pleas For Prothonotary Use Only: Ci iICOver�h he:)t t . � U Docket No: `� ! Gubrland ' County 1 � 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 bylaw or rules of court. Commencement of Action: Complaint EJ Writ of Summons Petition 0 Transfer from Another Jurisdiction Declaration of Taking ' E C Lead Plaintiff's Name: Lead Defendant's Name: Patriot Federal Credit Union Robert A. Murphy Dollar Amount Requested: ®within arbitration limits I Are money damages requested? ES Yes 0 No {check one} Qoutside arbitration Limits 0 N Is this a Class Action Suit? E3 Yes ED No Is this an MDJAppeal? Yes 123 No A,. Name of Plaintiff/Appellant's Attorney: Donald L. Komfield El Check here if you have no attorney(are a Self-Represented (Pro Sej Litigant) j 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 Q Malicious Prosecution © Debt Collection:Credit Card Board of Assessment Motor Vehicle 0 Debt Collection:Other Board of Elections 0 Nuisance Dept.of Transportation 0 Premises Liability ® Statutory Appeal:Other n Product Liability(does not include Emass tort) M Employment Dispute: El Slander/Libel/Defamation Discrimination C El Other: r_1 Employment Dispute:Other ® Zoning Board Tn Other: Z Other: 0 MASS TORT Q Asbestos N [3 Tobacco ® Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste Other: Ejectment Common Law/Statutory Arbitration �i Eminent Domain/Condemnation Declaratory Judgment 1 Ground Rent E3 Mandamus } Landlord/Tenant Dispute Non-Domestic Relations r xl Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial Quo Warranto Dental Partition ®Replevin Q Legal ® Quiet Title Other: 0 Medical Other: [ Other Professional: Updated 1/1/2011 Donald L. Kornfield, Esq. U Atty I.D. #19242 Andrew J. Benchoff, Esq. Ott P 3 Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Pt fli T Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 PATRIOT FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS OF Plaintiff : THE 9TH JUDICIAL DISTRICT,PA. CUMBERLAND COUNTY VS. CIVIL ACTION—LA ROBERT A. MURPHY and TERESA L. MURPHY 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 an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so,the case may proceed without you and ajudgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claims 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 South Bedford Street Carlisle,PA 17013 Telephone Number: 800-990-9108 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court,please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. t � r PATRIOT FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS OF Plaintiff : THE 9TH JUDICIAL DISTRICT,PA. CUMBERLAND COUNTY VS. CIVIL ACTION—LAW ROBERT A. MURPHY and TERESA L. MURPHY Defendants : # COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Patriot Federal Credit Union, of 800 Wayne Avenue, Chambersburg, Pennsylvania,brings this action to foreclose a mortgage dated December 21,2007,between Robert A.Murphy and Teresa L.Murphy,Mortgagors,and Patriot Federal Credit Union,Mortgagee,which is recorded at Cumberland County Instrument #200747584, a copy of said mortgage executed by Defendants is attached hereto and made a part hereof as Exhibit A. 2. The land subject to the mortgage is situate at 3 Scrafford Street,Shippensburg located in Southampton Township,Cumberland County,Pennsylvania,conveyed to Defendants by deed of Nan L. Hawks, widow, dated January 27, 2005, and recorded in Cumberland County Deed Book Volume 267,Page 1764,a copy of which deed is attached hereto and made a part hereof as Exhibit B. 3. The mortgage has not been assigned. 4. Defendants are the real owners of the land subject to the mortgage and their address is 3 Scrafford Street, Shippensburg, PA 17257. 5. The mortgage is in default because Defendants have failed to make payments upon the Mortgage and the accompanying Note, which is attached hereto and made a part hereof as Exhibit C. 6. Notices of default in the form of Act 91 were delivered to Defendants by first class mail with proof of mailing and certified mail dated March 4,2014,and receipted on March 5,2014. Copies of the Notices and mailing receipts are attached hereto and made a part hereof as Exhibit D. 7. The following amounts are due on the mortgage and under the note: a. Principal $69,839.66 b. Interest to May 8, 2014 2,452.16 C. Late charges 110.80 Total $72,402.62 WHEREFORE, Plaintiff prays the court to enter judgment in mortgage foreclosure against Defendants in the monetary sum of$72,402.62 together with interest from May 9,2014,at the rate of $15.52 per diem, attorney fees actually incurred, other expenses including but not limited to insurance, taxes, utility or municipal liens and court costs. KOIE D AND C F, LLP By _%.17L L. K rn eld Andrew J. Bc ff Attorney for 'ntiff I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. PATRIOT FEDERAL CREDIT UNION By t ROBERT P.ZIEGLER RECORDER OF DEEDS CUINIBEI2LAn'D COUNTY I COURTIIOUSE SQUARE ' z' CARLISLE,PA 17013 717-240-6370 • . Instrument Number-200747584 Recorded On 12/27/2007 At 2:14:58 PAI *Total Pages- 18 *Instrument Type-MORTGAGE Invoice Number-1149.1 User ID-AIBL *1VIortgagor-MURPHY,ROBERT A *Mortgagee-PATRIOT FEDERAL CR UN *Customer-FRANKLIN REAL ESTATE SER *FEES STATE WRIT TAX $0.50 Certification Page STATE JCS/ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $37.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 This page is now part COUNTY ARCHIVES FEE $2.00 of this legal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $64.50 I Certify this to be recorded in Cumberland County PA ore u ' X RECORDER O 'DEDS trbo •-Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OMDNG �ll[NIIIIIIEI�III1��1�1 EXHIBIT r Prepared By: Patriot Federal Credit Union P.O. Box 778 Chambersburg. PA 17201 Return To: Patriot Federal Credit Union P.O. Box 778 Chambersburg. PA 17201 Parcel Number: Premises: ISpace Above This Une For Recording Data) MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, It. 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Ssction 16. (A)"Security Instrument"means this document, which is dated December 21St, 2007 , together with all Riders to taus document. (B)"Borrower"is Robert A. Murphy and Teresa L. Murphy. husband and wife, Borrower is the mortgagor tinder this Security Instrument. (C)"Lender"is Patriot Federal Credit Union P.O. Box 778. Chambersburg. PA 17201 PENNSYLVANIA-Singla Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3039 1101 Wolters Kluwer Financial Services VMP6.6(PA)toroal.at Popo 1 of is InitUh LUA I t Lenderisa Credit union organized and existing under the laws of Pennsyl vans a Lender's address is P.O. Cox 778. Chambersburg, PA 17201 Lender is the mortgzgec under this Security Instrument. (D)'"Note"meatus ire promissory note signed by Borrower and dated December 21st. 2007 The Note states that Borrower owes Lcndcr Seventy Five Thousand Five Hundred and 00/100 Dollars (U.S. 05,500.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1st. 2038 (E) 'Property"means the property that is described below under the heading "Transfer of Rights in the Property." (F)"Loan"means the debt evidenced by the Note,plus interest, any prepayment charges and Iate charges due 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]: Adjustable Rate Rider Condominium Rider Second Itome Rider Balloon Rider Planned Unit Development Rider 14 Family Rider VA Rider Biweekly Payment Rider Others)[specify] (11) "Applicable Law" mc-,ins all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. (1)"Community Assoclation Dues, Fees, and Assessments"means all dues, fees, assessments and other charges that arc imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (.n 'Electronic Funds Transfer" means any transfer of funds, 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 t.rm includes, but is not Iimited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K)'!Escrow Items"means diose items that are described in Section 3. (L) 'Miscellaneous Proceeds"means any compensation, settlement, award of damages, or proceeds paid by any third party(other th%insurance proceeds paid under the coverages described in Section 5)for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the ' Property; (iii)conveyance in lieu of condemnation; or(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. nn"Mortgage Insurance"means insurance protecting Lendcr against the nonpayment of, or default on, the Loan. VMP8.6(PA)to?ost.ot Pop of t6 Form 3039 1101 . f (N)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. (0) 'RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C. Section 2601 et seq.)and its implementing regulation, Regulation X(24 CF.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 loan"under RESPA. (P) "Successor in Interest c 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 DI 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 [Type of Recording Jurisdiction] of Cumberland [Name of Recording Jurisdictionl: I which currently has the address of 3 Scra f ford Street Shippensburg [city), Pennsylvania 27257 (zip Code) ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument at the"Property." �/� VMP6-6iPA)(o?os).o1 Page 3ortd Form 3039 Mi 1 !` II 1 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mort;age, 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 follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in 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 flus Security Instrument be made in one or more of the following forms, as selected by Lendcr: (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 ars:dxmed r:ceived 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 insufficient 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. 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 against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. i 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and appliod by Lender shall be applied in the following order of priority: (a) interest due under the Tote; (b)principal due under the Note; (c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied fust to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that. each payment can be i VMP 6.6(PA)t7rosp i P.o94 of 16 Fonn 3 039 1101 i f( I I i paid in full. To C'a 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 prepayrnent 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, rntil the 1\cte is paid in full, a sum(the"Funds")to provide for payment of amounts due for: (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section S; 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 terns 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 Borrowces 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 reccipts 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 rights under Section 9 and pay such account and Wrrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may mole the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then r:quired under this Section 3. Lender may,at any tim:. collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b)not to exceed the maximum amount a lender can require under RESP.A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender, if Lender is an institution whose deposits are so insured)or in any Federal 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 p.Zmits Lender to make such a charge. Unless an agreement is trade in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on L`re Funds. Borrower and Lender can agree in writing, however, that interest VMPS.6(PA)wos)c i Page 5 of 16 Form 3039 1101 I i shall be paid on the Funds. Lendcr 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 fumis in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Furds held by Lender. 4. Charges; Liens. Borrower shall pay 211 taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Properly, 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 pronTtly 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 faith by, or defends against enforcement of the lien in, legal proceedings which in Lendcr's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain Frierity 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 s:t 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. N%13t 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 tight to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) 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. VMP0.6(PA)(oroe)oi Pages or to Form 3039 1101 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's optica and Borrower's 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, l3orrowces equity in the Property, or the contents of the Property, against any risk, hazard or liability and migtt provide greater or lesser coverage than was previously in effect Borrower acknowledges that etc 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 S shall become additional debt of Mrower secured by this Security Instrument. These amounts shall bear interest a at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Burrower requesting payment. All insurance policies tequired by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lendcr requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrowe:obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such polity shall include a standard mortgage clause and shall name Lender as mortga,ee and/or as an additional loss payee. In the event of loss, Ilorrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lendcr shall have the right to hold such insurance proceed;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 mty 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 Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by f Borrower shall not be paid cut of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lendee s security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,paid to N,ffower. 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 fas offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day I period will begin when the notice is given. In either event, or if Lender acquires the Property under } Section 22 or otherwise, Mi-rower hereby assigns to Lender (a) Borrower's rights to any insurance i proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or � to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. i Inilla�� VMP adi(PA)totoet.of Pege i of Is Form 3 0 39 1101 6. Occupancy. Borraxer shall occupy, establish, and use the Property as Borrower's principal residence within 60 days afler the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year atter the date of occupancy, unless Lender otherwise agees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which ars beyond Borrower's control. 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. N%'hethtr 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 pursuant to Section S that repair or restoration is not economically feasible, Borrower shall i promptly repair the Prope ity if damaged to avoid further deterioration or damage. If insurance or condemnation proce--ds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender mry disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments a.the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent rimy make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the 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 Leader with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the i Property as Borrower's principal residence. I 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If (a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or(c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lendees 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, i entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate buildicg or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender emery 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[tris Section 9. MitiY�tQ'1 � VMP8-6(PA)toiostoi Page aoits Form 3039 1101 I Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrumcnt. 'These amounts shallbear 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 Ieasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, I the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the prctriums for 'Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, BorroAvr shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires) 1 provided by an insurer sete-.ted by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward th_ premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insuran:-e in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is require!by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower doe; not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agrcemcnw 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 parry(or parties)to i these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any 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 insurces risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurces risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will wie for Mortgage Insurance,and they will not entitle Borrower to any refund. VMP@4(PA)rorc9pi Page Yof to Form 3039 1101 (b)Any such agreements will not affect the rights Borrower has - if any- with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Alortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the 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. If the Property is daninged, 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. During such repair and restoration period, Lender shalt 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 Unles.;an agreement is trade 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 due 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 than due, %%ith the excess, if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the ord.-r 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 rtnount 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 Icstrument shall be reduced by the amount of the MiscdIaneous Proceeds multiplied by the following fraction: (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 L`a partial taking,destruction, or loss in value. Any balance shall be paid to Borrower, i In the event of a parti:d taking, destruction, or loss in value of the Property in which the fair market value of the Proporrj 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 Lerder othemise agree in writing, the Miscellaneous Proceeds shall be applied to the sums I secured by this Security Instrument whether or not the sutras 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 Uds 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 Proc:rds. 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 VMPR4(PA)roroataf Page 10 of 16 Maw Form 3039 1101 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 daniages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Pro:eeds that are not applied to restoration or repair of the Property shall be applied in the ord:r provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of smortization 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 scarred by this Security Instrument by reason of any dernand 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-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. however,any Borrower who co-signs this Security Instmment but docs 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 terms of this Security Instrument; (b)is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees Cut 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. I Subject to the provisians of Section 18, any Successor in Interest of Borrower who assumes I Borrower's obligations und6-r this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shalt not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security lnstrument, 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 lawn charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) city 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 slaking 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 provides for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notice;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 ~64(PA)toroatot P.oe t+or 16 Form 3039 1101 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 Address unless Borrower has dtzignated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender sh:fIl be given by delivering it or by mailing it by first class mail to Lender's address stated herein unlms 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 Applicabic Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rales 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 and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silotrce shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice%•crsa; 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 Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" nxtans 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 1 escrow agreement.tLe intent of which is the transfer of title by Borrower at a future date to a purchaser. I If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. 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, it 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the ril lit to have enforcement of this Security Instrument discontinued at any time prior to the carlic--t of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrowees right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those i conditions are Oat Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)ewes any default of any other covenants or an � . VM P 9.6(PA);oroa t a r Page 12 of 16 Form 3039 1101 agreements;(c)pays all exp.-ttscs 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 Lendees interest in the Property and rights under this Security Instrument; and(d) takes such action as Lender may reasonably require to assure that Lendces interest in the Property and rights under this Security lnstrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall ecntinue unchanged Lender may require that Borrower 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, ban].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. 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. 20. Sale of Note; Change of Loan Servicer,Notice of Grievance. The Note or a partial interest in -the Note(together with this Security Instrument) can be sold one or more 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 perforans other mortgage loan i servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be j 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%%ith 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 purch2cr unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action(as either an individual litigant or the Tnember of a class) that arises from the other party's actions pursuant to this Security Instrum"-it or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender 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 f action provisions of this Sect-'on 20. i 21. Ifazardrnus Substances. As used in this Section 21: (a) "hazardous Substances" are those substances defined as toxic er hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoluie, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,vclatile solvents,materials containing asbestos or formaldehyde,and radioactive materials; (b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or ecvironmental protection; (c) "Environmental Cleanup" includes any response action. remedial action, or removal action, as defined in Environmental Law; and(d)an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. i r I+rr VMP6-6(PA)toYoatci vo.uaus Form�G39 tt01 'i i i I Borrower stall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,or tlrrca:cn to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property(a)that is in violation of any Environmental Law, (b)which creates an Eavironmental Condition, or(c)which,due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property(including,but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of 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 accord.utce with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22.Acceleration;Remedies. Lender shall give notice to Borrower prior to acceleration following I Borrower's breach of any covenant or agreement in this Security Instrument (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 cured; and (d) that failure to cure the default as specified may result In acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall 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 Borro»er to acc(heration and foreclosure. If the default is not cured as specified, Lender at i Its option may require immediate payment in full of all sums secured by this Security Instrument 11 without further demand and 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. j 23. Release.Upon payment of all sures 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 Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24.Waivem Borrower, to the extent permitted by Applicable Law,waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, i and homestead exrmption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the cemmencttrrent 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 tide 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 from time to time under the Note. VMP194(PA)(oroa)ot Page tuorta Form 3039 1101 Ibis is a contract under seal and may be enforced under 42 PA. C.S.Section 5529(b). 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: Sea]) Robert A. Murphy -borrower in 10� Seal) eresa L. Murphy -Borrower i r (Seat) (Seal) -borrower -Borrower l� I (SC32) (fit) i -borrower -Borrower (tel) (tel) -Borrower -Borrower i i i i VMPe-6(PA)(otos)oi Prp•i6 or to Form 3039 1101 CONINION"1VE1I,1'I1OF PENNSYLVANIA, Cumberland County ss: On this, the 21st day of December. 2007 ,before me,the undersigned officer,personally appeared Robert A. Murphy and Teresa L. Murphy, husband and wife, known to me(or satisfactorily proven) to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged that b9sherCtry executed the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. My Commission Expires: COMBSONWEAUJ OF PFidNS %tNIA Kotariat vosl Bonita tit.Crawford,tqay PubID Notary Public Chambersburg Coro,Fimnklfn oot!n !On fXptr09 U:t.17,2a Title of Officer Mesmer,PonneytVOta,Asxxisttxt d N312Aos i i i i Certificate of Residence I, the undersigned , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 778 Chambersburg. PA 17201 , Witness my hand this 21st day of December. 2007 i LfIcL Agent of Mottgagee InMtL'��� VMP64(PA)to7oet o r pip to of to Form 3039 1101 CTA0924 EXHIBIT A ALL that certain trazt of land with the dwelling house and other improvements thereon erected, situate in Southampton Township, Cumberland County,Pennsylvania, more particularly bounded and described as follows: BEGINNING at a spike on the northern line of Scrafford Street,which spike is 215 feet East of the intersection of said Scrafford Street with Mainsville Road and which spike is on the dividing line of Lot Nos. 1 and 2 on the hereinafter mentioned plan of lots;thence along the Eastern line of Lot No. 1,North 22 degrees 30 minutes West, 118.43 feet to a stake;thence North 67 degrees 30 minutes East, 125 feet along the line of land now or formerly of H.W.Geesaman heirs to a stake; thence South 22 degrees 30 minutes East, 118.43 feet to a point, a Mark on a wall on the North side of Scrafford Street aforesaid;thence South 67 degrees 30 minutes West, 125 feet along the Northern tine of Scrafford Street to a spike,the place of beginning. ; BEING Lot No. 2 and the western 35 feet to Lot No. 3 on the pian of lots of Ralph A. Scrafford, which plan is recorded In the Office for the Recording of Deeds for Cumberland County, Pennsylvania in Plan Book No. 5,Page 18. AND HAVING thereon erected a one story frame dwelling house known and numbered as No. 3 Scrafford Street. BEING the same real estate which Nan L. Hawks,widow, by deed dated January 27,2005, and recorded January 31, 2005, In the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 267,Page 1764,conveyed to Robert A.Murphy and Teresa L.Murphy, husband and wife. i • I 1 THIS DEED 1;K5 AN 3i'} 1 19 in the ear of two thousand fig MADE the 7 day of �t Y BETWEEN, NAN L. HAWKS, widow, of Pennsylvania, hereinafter referred to as Grantor, AND ROBERT A. MURPHY AND TERESA L. MURPHY, husband and wife, of Pennsylvania, hereinafter referred to as the Grantees, WITNESSETH, that in consideration of the sum of One($1.00) Dollar, in hand paid, the receipt whereof, is hereby acknowledged,the said Grantor does hereby grant and convey to the said Grantees, their heirs and assigns: ALL that certain tract of land with the dwelling house and other improvements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a spike on the northern line of Scrafford Street which splke is 215 feet East of the irntersectlon of said Scrafford Street with Mainsvilte.Road and with spike<.is on the dividing line of Lot Nos. i and 2 on the hereinafter mentioned plan of lost; thence along the Eastern line pf.Lot No. 11, North 22 degrees 30 minutes West, 118.43 feet to a stakel thence North 0 degrees 30 minutes East, 125 feet along the line of.land now or fdrinerly of H.W.Geesaman heirs to a stake; thence south.2.2 degrees 30 minutes East 1.18.43 feet to apoln4 a mark on a wall on the North side of Scrafford Street aforesaid; thence South 67 degrees 30 minutes West 1:25 feet along the Northern line of Scrafford Street to a spike, the place of BEGINNING. BEING Lot No. 2 and the western 35 feet to Lot No. 3 on the plan of lots of Ralph A. Scrafford, which plan is recorded in the office for the recording of deeds for Cumberland County, Pennsylvania, in Plan Book No. 5, Page 18. AND HAVING thereon erected a one story frame dwelling house known and numbered as No. 3 Scrafford Street. INC4RRECTLY,included in a prior deed was a course and distance of North 67 which has been excluded from this description. degrees 30 minutes East 118.43 feet BEING the same estate a�tr�co��in theuy Mellott Office of the RecordMellott, of Deeds in deed dated November 2, 199 EXHIBIT iiOQK 267PAGE�."�� a and for Cumberland County, Pennsylvania, In Deed Book"Z"Volume 35 at Page 61, conveyed to Nan L. Hawks, Grantor herein. THIS IS A CONVEYANCE FROM PARENT TO CHILD AND THEREFORE IS EXEMPT FROM REALITY TRANSFER TAX. AND the said Grantor will specially warrant the property hereby conveyed. IN WITNESS WHEREOF,said Grantor has hereunto set her hand and seal,the day and year 1•Jrst above written. Sealed and delivered in the presence of: `_baaAIV 9U JAA (SEAL) NAN L. HAWKS ACKNOWLEDGEMENT Notarial seal H. Anllwny Adams. Notmy Public Shi Mppeneburg Boro. Cumberland County COMMONWEALTH OF PENNSYLVANIA: My Commission Expires May 15. 24U6 :SS 'MemnEr,aa•r,:-;;-r_n:slafSoc:ia�ontNNot3tiQ3 COUNTY OF CUMBERLAND On this, the_Vt^ day of 200S, before me, a Notary Public, the undersigned officer, personally a peared, W L. Hawks, known to me or satisfactorily proven,to be the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. t i,i�2 7i % 1 '14MI hereunto set my hand and official seal. y � eta s �y„x, r� ,` � --� � t♦tifttikl'J'al �d1 :. A1ift6)ktld26*, ' Naibq Public ej. gshur` Bono cumhralna Nd Gent,> , atary Public Caaa � . � y. �,'M# (! °� .i;f r X rel}y�' r '.'� M22F64 Pw f R My Commission Expires: Nosuries I`°hSt b r rtif hat"th Pr c Vie;residence of the Grantees is as follows: atrly fete Booi 267 RAM i NOTE December 21st,2007 Chambersburg PA (Date] [City] (State] 3 Scrafford Street, Shippeaeburg, PA 17257 t (Property Address] 1. BORROWERS PROMISE TO PAY In return for a loan that I hsve received,I promise to pay U.S.S 75.500.00 (this amount is called"Principal"), plus interest,to the order of the Lender.no Lender is Patriot Federal Credit Union P.O. Box 778. Chambersburg. PA 17201 I will make all payments under this Note in the form of cash,check or money order. 1 understand that the Lender may transfer this Note.The Lender or anyone who takes this Note by transfer and who is entitled to receive paymarts under this rote is called the"Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid.I will pay interest at a yearly rate of 8.00000 40. 1 The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) { of this Note. 3. PA"IEri'TS (A)Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1st day of each month beginning on February 1st. 2008 .I will make these payments every month until l have paid all of the principal and interest and any 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 January 1st. 2038 ,1 still owe amounts under this Note.I will pay those amounts in full on that date,which is called the'Maturity Date." I will make my monthly payments at P.O. Box 778. Chambersburg, PA 17201 or at a different place if required by the Note Holder. (B)Amount of Alonthly Pu)meats My monthly payment will to in the amount of U.S.S 553.99 4. BORROII'ER'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 "Prepayment."When I make a!'repayment, I will tell the Note holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not m-tde all the monthly payments due under the Note. I may make a full Prepayme-ot or Partial Prepayments without paying a Prepayment charge.The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note.If I make a partial Prepayment,there will be no changes in the due date or in the amount of my monthly payment unless the Note Holdcr agrees in writing to those changes. 5000056911 I MULTISTATE FIXED(LATE NOTE-Single Family-Fannia Mae/Freddie Mac UNIFORM INSTRUMENT j 1 Form 7200 1101 j Wolters VJuwer Financial Services VgeIof3 (0207J.61 v,a.ra1 mnw1 EXHIBIT C ! S. LOAN CHARGES 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 amaant necessary to reduce the charge to the permitted limit;and(b)any sums already collected from the 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. 6. BORROWER'S FAILURE TO PAY AS REQUIRED i (A)Late Charge for Overdue Payments ! If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due,I will pay a late charge to the Note Holder.The amount of the charge will be 5.00 %of j my overdue payment of principal and interest.I will pay this late charge promptly but only once on each late payment. (B)Default I 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 me 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 atter the date on which the notice is mailed to me or delivered by other means. t (D)No Waiver By Note holder i Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above,the Note Holder will still have the right to do so if 1 am in default at a tater time. (E)Payment of Note Holder's Costs and Expenses If the Note Bolder has required me to pay immediately in full as described above,the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law.Those expenses include,for example,reasonable anomeys'fees. T. GIVING OF NOTICES Unless applicable law requires a different method,any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to tale 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 add-ess stated in Section 3(A)above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person suets this Note,each person is fully and personally obligated to keep all of the promises made in this Note,including the promise to pay the full amount owed.Any person who is a guarantor,surety or endorser of this Note is also obligated to do these thicgs.Any person who takes over these obligations,including the obligations of a guarantor,surety j or endorser of this Note,is alio obligatoi to keep all of the promises made in this Note.The Note Holder may enforce its rights under this Note against each person individually or against all of us together.This means that any one of us may be required to pay all of the amounts owed undty this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment"means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor"means the right to require the Note holder to give r.otice to other eq gi persons that amounts due have not been paid. 5000056911 VMPS-SNIPA)toror) Pool tof3 form tl�`� uxUr 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions.In addition to the protections given to the Note Holder under this Note,a Mortgage,Deed of Trust,or Security Deed(the"Security InsWment"),dated the same date as this Note,protects the Note Holder from possible losses which might result if I do not keep the promises which I snake in this Note.That Security Instrument describe;how and under what conditions I tray be required to make immediate payment in full of all amounts I owe under this Note.Some of those conditions are described as follows: t If all or my pin of the Property or any Interest in the Property is sold or transferred(or if Borrower is j not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written i consent, Lender tn3y require immediate payment in full of all sums secured by this Security Instrument. However,this option stall not tw 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 Eorrov yr 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 furilrer notice or demand on Borrower. This is a contract under seal and may be enforced under 42 PA.C.S.Section 5529(b). WITNESS THE IiAND(S)AND SEAL(S)OF THE UNDERSIGNED. (Seal) 1c- �'>t ► 11w1 — Y (Seal) Robert A. Murphy ( �. -Borrower Teresa L. Murphy -Borrower (Sal) (Seal) -Borrower -Borrower f I (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower i i Aign Original Only] i 5000056911 VMPa-SN(PA)tororl P.oea or a Form 3200 1101 { Paitriot FEDERAL CREDIT UNION Leta Groh, Our Fixture Te�gether 03/04/2014 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Robert A Murphy: The mortgage held by Patriot Federal Credit Union on your property located at 3 Scrafford Street, Shippensburg, PA 17257, IS IN SERIOUS DEFAULT because you have not made the monthly payments of$819.93 for the months of January, February and March2014 . Late charges and other charges have also accrued to this date in the amount of$55.40. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $2,565.19. You may cure this default within THIRTY(30)DAYS of the date of this letter, by paying to Patriot Federal Credit Union the above amount of$2,565.19,plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made to Patriot Federal Credit Union at 800 Wayne Avenue, P.O. Box 778, Chambersburg, PA 17201. If you do not cure the default within THIRTY(30) DAYS,Patriot Federal Credit Union intends to exercise their right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30)DAYS,Patriot Federal Credit Union also intends to instruct their attorney to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed,your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If Patriot Federal Credit Union refers your case to an attorney, but you cure the default before they begin legal proceedings against you,you will still have to pay the reasonable attorney's fees, actually incurred,up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over$50.00. Any attorney's fees will be added to whatever you owe Patriot Federal Credit Union, which may also include their reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. Patriot Federal Credit Union may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other reesthon es Page 1 of 2 EXHIBIT 800 Wayne Avenue,Chambersburg,PA•(717)263-4444•Mailing Address:P.O.Boz 778,Chambersburg, due, as well the reasonable attorney's fees and costs connected with the foreclosure sale [and perform any other requirements under the mortgage]. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately three months from the date of this Notice. A notice of the date of the Sheriff sale will be send to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling Tricia Baney at 717-263-4444. The payment must be in cash, cashier's check, certified check or money order and made payable to Patriot Federal Credit Union at 800 Wayne Avenue, P.O. Box 778, Chambersburg, PA 17201. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONTY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage.will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Patriot Federal Credit Union Credit Recovery Department Page 2 of 2 Date: 03/04/2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM( FMAP) 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 COUNSELI G AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE Take thi Notice with you when you meet with the Counseling Agency. The name,address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing 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. HOMEOWNER'S NAME(S): Robert A Murphy Teresa L Murphy PROPERTY ADDRESS: 3 Scrafford Street, Shippensburg,PA 17257 LOAN ACCT.NO.: 5000056911 ORIGINAL LENDER: Patriot Federal Credit Union CURRENT LENDER/SERVICER: Patriot Federal Credit Union Page ] of 5 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL-ASSISTANCE WHICH CAN SAVE.YO R HOM .FRO A:FORT .T.OSi1 F.AND HELP YOU MADE,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,RE -- 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 THRFF rM-DAYS OF THE HATE 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. CONSIJMF.R CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency 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 count 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 ASSISTANU -- 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 .COON AS POSSIBLE, IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE JM FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSUREAGAINST YOUR PROPERTY,AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE". YOU HAVE. THE RIGHT TO FILE A HEMAP APP)IC,4TION EVAN BEYO D 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. Page 2 of 5 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: 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: Months Due: January,February and March 2014 Principal and Interest: $1,667.97 Escrow: $797.82 Late Charges: $55.40 Other charges(explaitVitemize): $50.00 Act Notice Expense TOTAL AMOUNT PAST DUE: $2,565.1.9 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 BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,565.19 , .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 1ayable and sent to: Patriot Federal Credit Union PO Box 778 Chambersburg, PA 17201 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 Page 3 of 5 IF YOU DO NOT JRF TNF DEFAULT—If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate-the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose 11non your mortgaggd rollelu. 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 thedefault within the THIRTY ! DAY period.you will not be required to pay a torn .y'c�fe c., OTHER LENDER REMEnrFc _ The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TOCURE THE DEFAULT PRIOR TO SHERIFF'S S.G F -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by payiniz the total amount then past due, plus any late or other charires 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 wrng 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 3 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 L FNDFR- Name of Lender: Patriot Federal Credit Union Address: PO Box 778,Chambersburg,PA 17201. Phone Number: 717-709-2547 Fax Number: 717-263-8684 Contact Person: Tricia Baney E-Mail Address: tbaney@patriotfcu.org 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. Page 4 of 5 YOU MAY ALSO HAVE THF 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 T141S 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 Advantage Credit Counseling Service/CCCS,of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg,PA 171.02 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 717-234-661.6 717-264-5913 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 Page 5 of 5 Postal CERTIFIED • RECEIPT (Domestic N O W. O �L ` Iti Post o S M CeANW Fee 1 a C] (EndorcemeM egWred) ? �Here O O Reslrkied Oe9very Fee O (Endorsement Regwired) N cO Total Postage d Fees N o �' °Robert L106 ....�.................. Oo`eer dat"T3a: r,. orPosoxna .3 .......-- f. • • e � e A. 1 a.Complete tterm 1,2,and 3.Also Corot e f rtilt ddy see Item 41f ResMded DeltverY prl Narne) =Deltvw� bdestmd. X.'■ Print your name and address on the reverse ed bso thatwe can return the card to You. B.Recely ■ Attach thiscard to the back of the ntailPlece, ftent�crti5w ~t O Yes frortt. 1? or on the frons N space Permits' D.Is dettveiY addressbelow: Na i. Article Addressed to: If YES,enter delty"address �pbtxjr'-t M Vrphl J"� 3. serve TYPE ACOMed Mail ❑lEpress Mal Shtensr 1 ❑Regi O Aetum Receipt for Merchandise ✓ ❑Insured Mail O C.O.O. p Yes a. Restrtoted tWIvery?pft Fee) 2. ArttcteNumber 1 7009 2820 0004 3709 0025 toZ115-024014i40 (pammr from sa►v►ce, Ps Fom►3811,Febtuwy 2M4 pomesdo Return Receipt Pa FEDERAL CREDIT UNION Let® Grow Our Future Together 03/04/2014 NOTICE OF INTENTION TO FORECLOSE MORTGAGE Dear Teresa L Murphy: The mortgage held by Patriot Federal Credit Union on your property located at 3 Scrafford Street, Shippensburg, PA 17257, IS IN SERIOUS DEFAULT because you have not made the monthly payments of$819.93 for the months of January, February and March2014 . Late charges and other charges have also accrued to this date in the amount of$55.40. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $2,565.19. You may cure this default within THIRTY(30) DAYS of the date of this letter, by paying to Patriot Federal Credit Union the above amount of$2,565.19,plus any additional monthly payments and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made to Patriot Federal Credit Union at 800 Wayne Avenue, P.O. Box 778, Chambersburg, PA 17201. If you do not cure the default within THIRTY(30) DAYS, Patriot Federal Credit Union intends to exercise their right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY(30) DAYS,Patriot Federal Credit Union also intends to instruct their attorney to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed,your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If Patriot Federal Credit Union refers your case to an attorney,but you cure the default before they begin legal proceedings against you,you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you,you will have to pay the reasonable attorney's fees even if they are over$50.00. Any attorney's fees will be added to whatever you owe Patriot Federal Credit Union, which may also include their reasonable costs. If you cure the default within the thirty day period,you will not be required to pay attorney's fees. Patriot Federal Credit Union may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun,you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then Page 1 of 2 800 Wayne Avenue,Chambersburg,PA•(717)263-4444•Mailing Address:P.O.Box 778,Chambersburg,PA 17201-0778 due, as well the reasonable attorney's fees and costs connected with the foreclosure sale[and perform any other requirements under the mortgage]. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately three months from the date of this Notice. A notice of the date of the Sheriff sale will be send to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling Tricia Baney at 717-263-4444. The payment must be in cash, cashier's check, certified check or money order and made payable to Patriot Federal Credit Union at 800 Wayne Avenue, P.O. Box 778, Chambersburg, PA 17201. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONTY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Patriot Federal Credit Union Credit Recovery Department Page 2 of 2 Date: 03/04/2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgagee 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 11ages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM(HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help,you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name,address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions you call the Pennsylvania Housing 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. HOMEOWNER'S NAME(S): Robert A Murphy Teresa L Murphy PROPERTY ADDRESS: 3 Scrafford Street,Shippensburg,PA 17257 LOAN ACCT.NO.: 5000056911 ORIGINAL LENDER: Patriot Federal Credit Union CURRENT LENDER/SERVICER: Patriot Federal Credit Union Pagel of 5 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.MORTG GF PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983(THE"ACT"),YOU MAYBE 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 FORFCi OSURF __ 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 WYTHLN THIRTY THRFE (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 COUNSFLING AGENCLU.- If you meet with one of the consumer credit counseling agency 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 tele hone numbers of designated consumer credit counseling a encies for the count 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 Ac_.SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE JM FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROMSTARTING A FORECLOSUREAGAINST YOUR PROPERTY,AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAYOF FORECLOSURE". YOU HAVE THF. RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME DRQMAQ 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. Page 2 of 5 t _9 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 bankruptcyyou 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: 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: Months Due: January,February and March 2014. Principal and Interest: $1,667.97 Escrow: $797.82 Late Charges: $55.40 Other charges(explain/itemize): $50.00 Act Notice Expense TOTAL AMOUNT PAST DUE: $2,565.19 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 BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,565.19 , 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: Patriot Federal Credit Union PO Box 778 Chambersburg,PA 1.7201 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 ap licable.) N/A Page 3 of 5 IF YOU DO NOT CURE THE DEFAULT--h'you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its riphts rightsto accelerate th . mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose anon your mortgaged11ronelu. 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. Lf jou cure the default within the THIRTY (30) DAY period. you well not be required to pay a torn .y'sfe mac, OTHER I,ENDF.R RF.M MIF — 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 S.L F -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the 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 requirements under the mortgage. Curing P any other .ga g 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 3 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 T14E LENDER, Name of Lender: Patriot Federal Credit Union Address: PO Box 778,Chambersburg,PA 17201 Phone Number: 717-709-2547 Fax Number: 717-263-8684 Contact Person: Tricia Baney E-Mail Address: tbaney@patriotfcu.org EFFECT OF SHERIFF'S SAIF -- 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. Page 4 of 5 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 ERVIN YOUR COUNTY 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 1.7104 888-511-2227 717-232-9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York,PA 1.7401 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 Page 5 of 5 � Ir • U.S. Postal Service., t MAIL.CERTIFIED RECEIPT•CIO is •. Only,,No Instirance Coverage Fmvided; rr , i FI d A I L Lt S— ) mPostage Cerelied Fee O Return Recelpl Fee ' Q (Endolsemert Required) Hine � , L Resbttad Delivery Fee O (Endorsement Repu(1ed) nj cG Total Postage&Fees ru Cr sent ro C3 street,kpG Na;"" ....................._.. . (' ....... . .. 171. ..PO gar No. City State ..f_ �............... � f ■ Complete Items 1,2.and 3.Also complete A. Stom item 4 N Restricted Delivery is desired. Agent I ■ Print your name and address on the reverse covw, D Addreaaee s0 that we Can return the Card to you. - RecoNed by(Printed Mame) MDONwy■ Attach this card to the back of the mellpiece,.. - �� . or on the front if apace permits. • D,Is deHM addrem dNfererti from bm 1? 13 Yea. 1. ARIci9 Addnseed tac If YES,enter delivery addrm below. 0 No' Ttresa L M urph ; 3 Scro ffoYCJ Shi Peens bur PA 172.5-7 g O Certifleedd Mall 0 Express Mail 0 Registerod 0 Return Recelpt for Merchandise D Insured Mail D C.O.D. 4. Restricted Deilvery Pft Fee) 0 yea 2. Article Number I 7pQ9 2820 O�Q4 3709 0 18 (1)armw Susie sendce treat} -- Ps Form 381 1,February 2004 Domestlo Return Receipt 102595-024A,1540 Check type of mail or service: Affix Stamp Here PATRIOT FEDERAL CREDIT UNION Certified (If issued asa 800 WAYNE AVE . Recorded Delivery(International) certificate of mailing, .L �• COD Registered :of for addWonal .,J�'w� �4 "j-`3-":CCASTAGE>J P!TVEY E07iES b P.O.BOX 778 Delivery Confirmation Return Receipt for Merchandise ,copies of this bill) " •; +ate , # CHAMBERSBURG,PA 17201 Express Mail ; Signature confirmation and Postmark t 'Date of Receiptti•:.� �"'/ '�,v <mLtars `°m" t j Article Number Addressee(Norre,Street Gy,State,&Zip Code) Postage Fee„— Handling Actual Value L ' 17201 I fS �� 30 -- -.. . .. .. _ _ . _ :._. ... n.�cn._.. - -- .... .._. ._ ... ... ..- _ l; F ltd N1Uif ?..Chae If Registered 2 in rg30 i 37833 t) t:titAR 04 2014 sf�t�r,9 P.4 17257 _.._..__.. . _._... _...... .... ..... .. ... .. ..... - -- z. 6 .�.. . .. _ ._._._. __ _....._..,..._...._.. -- - - - -... _.-._ Sir by T PA I-72$5-7 ww j 4. � � •',t i i t be d>t laces , Total Number of Pietasstaripl� r(Na o/n3celving amp ist i Received at Post Office L Q See Privacy Act Statement on Reverse PS Form 3877,February 2002(Page 1 of 2) Compl6te by Type Iter,Ink,or Bali Point Pen PATRIOT FEDERAL CREDIT UNION : IN THE COURT OF COMMON PLEAS OF Plaintiff : THE 9TH JUDICIAL DISTRICT, PA. CUMBERLAND COUNTY VS. CIVIL ACTION—LAW C� ROBERT A. MURPHY and TERESA L. MURPHY Defendants NON-MILITARY AFFIDAVIT The undersigned verifies that as of the filing of this affidavit, Defendants are not in the military or naval service based on the following facts: Robert A. Murphy Age of Defendant: 62 Last known place of employment: Domestic Casting Present place of residence: 3 Scrafford Street, Shippensburg, PA Teresa L. Murphy Age of Defendant: 59 Last known place of employment: Unemployed Present place of residence: 3 Scrafford Street, Shippensburg, PA The statements set forth in this affidavit are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. KOR IE AN EN OFF, LLP By ld L. K rnfiel Andrew J. nchoff Attorney fo Plaintiff Date: may. LI• LVI`t IV• J`tnlvl ]UIL r, L PORIA 1 PATRIOT FEDERAL CREDIT UNION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) ROBERT A. MURPHY AND TERESA L. MURPHY l " - - Defendant(s) Civil t` -_. '•` -� p L: =C� — NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE y 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 effortto resolve this matterwith your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First,within twenty(20) days of your receipt of this notice,you must contact MidPenn Legal Services at(717)243.9400 extension 2510 or(800)822-5288 extension 2510 and request appointment of legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can he prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto,the legal representative will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60)days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference, it is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However,you must.provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the'format attached hereto,your lawyer will prepare and file a Request for Conciliation Conference with the Court,which must be filed with the Court within sixty(60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled,you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with,your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY'THIS NOTICE. THIS PROGRAM IS FREE. fully sub d: May 27 , 2014 Date Si re of Coun el r Plaintiff aria y. Ll. LV I 6 IJYniri Iu u. EVIL r• J FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket# BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance,your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge- cusroMERIPRIMARYAPPLICATION Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes❑ No❑ Listing date: Price:S Realtor Name: Realtor Phone: Borrower Occupied! Yes❑ No❑ Mailing Address(if different) City: State: zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? FIAIIANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount:$ Included Taxes and 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: may. LI• LVI'r Iv• JYnivl VU. )V IL r. 4 Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings; $ $ Other: $ $ Automobile t#1:Model: Year: Amount owed: Value: Automobile$t2:Model: Year: Amount owed: Value: Other transportation (automobiles,boats motorcycles1: Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 21 Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: 2, Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses:(Please only include expenses you are currently paying] EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2"°Mortgage Utilities Car Payment(s) Condo/Neigh.Fees Auto Insurance Med.(not covered) Auto fuel/repairs Other Prop,Payment Install. Loan Payment Cable TV Child Support/Alim. Spending Money Day/Child Care/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and 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: may. L!• LVIY IV• J`tnlri IVU. EVIL f. Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes❑ No ❑ If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company(Name): Contact: Phone: • - • 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 Borrower Signature Date Please forward this document along with the following information to lender and lender counsel: V Proof on income V Past 2 bank statements V Proof of any expected income for the last 45 days V Copy of a current utility bill V letter explaining reason for delinquency and any supporting documentation V (hardship letter) Listing agreement(if property is currently on the market) V Copy of 2 years of federal income tax returns V Copy of deed L f L V 1 T 1 V J J f%1T1 luv. JV I L 1 U FORM 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiffs) vs. Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3, Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court-supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa_ C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel/Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date iyiay. Ll. CVI't IVhiyi NO. 3V IL r. t FORM Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA Plaintiff(s) VS. Defendants) Civil CASE MANAGEMENT ORDER AND NOW,this day of J20 ,the defendant/borrower in the above-captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant/borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court-supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle,Pennsylvania. 2. At least twenty-one (21) days prior to the date of the Conciliation Conference, the defendant/borrower must serve upon the Plaintiff/lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant/borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and/or the date upon which service of the completed Form 2 is to be made maybe extended. Upon notice to the LV IT IV JJIITI IVU JUIL I . U Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court,the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3_ ' The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference, If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore all available resolution options which shall include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; i n Y. L I L V I T I V J J n1 v1 14u. )u I[ r. y entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months;and the institution of bankruptcy proceedings. 5. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. 6Y TH E COURT, J. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY P,O THON'O. JUN 13 PM 2: MBERLAND COUNTY PENNSYLVANIA Patriot Federal Credit Union vs. Robert A. Murphy (et al.) Case Number 2014-3188 SHERIFF'S RETURN OF SERVICE 05/28/2014 11:00 AM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Robert A. Murphy at 3 Scrafford Street, Southampton Township, Shippensburg, PA 17257. RYAN BURGETT, DE 05/28/2014 11:00 AM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Teresa L Murphy at 3 Scrafford Street, Southampton Township, Shippensburg, PA 17257. RYAN BURGETT, D SHERIFF COST: $66.60 SO ANSWERS, June 04, 2014 RONi ' R ANDERSON, SHERIFF (c) CountySuite Sheriff, Te'eosoft, Inc. Donald L. Kornfield, Esq. Atty I.D. #19242 Andrew J. Benchoff, Esq. Atty I.D. #89159 Kornfield and Benchoff, LLP 100 Walnut Street Waynesboro, PA 17268 (717) 762-8222 FAX 762-6544 PATRIOT FEDERAL CREDIT UNION Plaintiff vs. Hifi SEP 17 Pry I: CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS OF : THE 9TH JUDICIAL DISTRICT, PA. : CUMBERLAND COUNTY : CIVIL ACTION — LAW ROBERT A. MURPHY and TERESA L. MURPHY Defendants : #14-3188 Civil PRAECIPE TO THE PROTHONOTARY: Kindly mark the complaint filed in the above -captioned matter withdrawn. KORNFIELD AND BEN By Date: September 16, 2014 Dona ,+ Ko Andr= . Ben Attorney for Plat