HomeMy WebLinkAbout14-6168 Supreme Court of Pennsylvania
Court of Common Pleas For Prothonotary Use Only.
Civil Cover Sheet
Docket No:
CUMBERLAND County
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S Complaint 0 Writ of Summons ❑ Petition
❑
E Transfer from Another Jurisdiction E3Declaration of Taking
C Lead Plaintiff's Name: Lead Defendant's Name:
T Wells Fargo Bank, N.A. Mark J. Wilson and Reecca A.Wilson
I Are money damages requested? ❑Yes ❑ No Dollar Amount Requested: ❑within arbitration limits
(check one) ❑x outside arbitration limits
N Is this a Class Action Suit? ❑Yes 0 No Is this an MDJAppeal? ❑ Yes M No
A Name of Plaintiff/Appellant's Attorney: William J. Levant, Esquire
❑ Check here if you have no attorney(are a Self-Represented [Pro Sel Litigant)
Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim,check the one that
you consider most important.
TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
❑ Intentional ❑Buyer Plaintiff Administrative Agencies
❑ 'Malicious Prosecution ❑ Debt Collection:Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑Debt Collection:Other ❑ Board of Elections
❑ Nuisance ❑ Dept.of Transportation
❑ Premises Liability ❑ Statutory Appeal:Other
S ❑ Product Liability(does not include
E mass tort) ❑Employment Dispute:
❑ Slander/Libel/ Discrimination Defamation Employment Dis ute:Other
C El Other: [3p ❑ Zoning Board
'I' ❑ Other:
I ❑ Other: - --
O MASS TORT
❑ Asbestos
N ❑ Tobacco
❑ Toxic Tort-DES
❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste
❑ Other: 13 Ejectment [3 Common Law/Statutory Arbitration
B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment
❑ Ground Rent Mandamus
0 Landlord/Tenant Dispute Non-Domestic Relations
Mortgage Foreclosure:Residential Restraining Order
PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto
❑ Dental ❑ Partition ❑Replevin
❑ Legal ❑ Quiet Title ❑Other:
❑ Medical ® Other:
❑ Other Professional:
Updated 1/1/2011
t
i CE
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By: William J. Levant, Esquire1
Attorney ID No. 54286 K!+i OCT 2 0 F1112:11
910 Harvest Drive �;�; {41� U i�,.° CCS;'T",'
Post Office Box 3037 f` , ;, 1,:°� . +3
Blue Bell, PA 19422-0765
(610) 260-6000 Attorneys for Plaintiff
(610) 684-2020 - Telecopier
wlevant(&-kaplaw.com
WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS
2701 Wells Fargo Way, 1" Floor CUMBERLAND COUNTY, PA
Minneapolis, MN 55467
Plaintiff
V. No. amlTerm
MARK J. WILSON
and REBECCA A. WILSON
9 Saratoga Place
Camp Hill, PA 17011
Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice
are served by entering a written appearance personally or by attorney and filing in writing with
the court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so the case may proceed without you and a judgment may be entered against
you by the court without further notice for any money claimed in the complaint or for any
other claim or relief requested by the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, 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
(717) 249-3166
s
+115-r7,5 Pb ATI-/
�I
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By: William J. Levant, Esquire
Attorney ID No. 54286
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000 Attorneys for Plaintiff
(610) 684-2020 - Telecopier
wlevanta-kaplaw.com
WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS
2701 Wells Fargo Way, Pt Floor CUMBERLAND COUNTY, PA
Minneapolis, MN 55467
Plaintiff
V.
No.
MARK J. WILSON
and REBECCA A. WILSON
9 Saratoga Place
Camp Hill, PA 17011
Defendants
COMPLAINT
Plaintiff, Wells Fargo Bank, N.A. (the "Plaintiff") by its undersigned attorneys,
hereby complains of the Defendants, Mark J. Wilson and Rebecca A. Wilson (the
"Defendants") as follows:
PARTIES
1. Plaintiff is a national banking association with a place of business as stated
above.
2. The Defendants are adult individuals, who currently reside at the address shown
above.
3. The Plaintiff believes, and therefore avers, that the Defendants are (and at all
times relevant hereto have been) husband and wife.
4. All conditions precedent have occurred, have been performed or have been
waived.
1
THE PROPERTY
5. The Defendants are, and at all times relevant hereto have been, the real owners
of certain real property with improvements located at 9 Saratoga Place, Camp Hill, East
Pennsboro Township, Cumberland County, Pennsylvania (Parcel No. 09-16-1054-210; the
"Premises").
6. The Defendants acquired title to the Premises by Deed from James E. Cline and
Cynthia L. Cline, dated April 28, 2003, and recorded on July 29, 2003, in Deed Book 258,
page 1817 (the "Deed In").
7. A true and correct copy of the Deed In, containing a legal description of the
Premises, is attached as Exhibit "A".
THE LOAN
8. On or about July 10, 2009, the Plaintiff extended a Loan to Defendant Mark J.
Wilson (the "Borrower") in the original principal amount of$417,000.00 (the "Loan").
9. To evidence the Loan, at closing, the Borrower executed a Note of even date
(the "Note") and in like amount, in favor of the Plaintiff.
10. A true and correct copy of the Note is attached hereto as Exhibit "B" and
incorporated herein by reference.
11. To secure repayment of the Loan, both Defendants executed a Mortgage of even
date and in like amount (the "Mortgage") against the Premises, in favor of the Plaintiff.
12. A true and correct copy of the Mortgage is attached hereto as Exhibit "C" and
incorporated herein by reference.
13. Following closing, the Mortgage was intended to be recorded with the
Cumberland County Recorder of Deeds.
14. For reasons unknown, the original Mortgage was lost before recording, and
cannot now be located.
2
15. The Defendants have not executed a replacement Mortgage.
16. Further, the original Mortgage was incorrectly prepared, as it erroneously
identified the "Mortgagor" as being the "Borrower", when in fact both Defendants are
Mortgagors, and both Defendants executed the Mortgage.
17. Though Rebecca A. Wilson is indeed a Mortgagor, she is not a Borrower. The
Mortgage - incorrectly - uses these terms interchangeably.
COUNT I - QUIET TITLE - PLAINTIFF v. DEFENDANTS
18. All paragraphs above are incorporated herein by reference.
19. Pa.R.C.P. 1061(b), relating to actions to quiet title, provides that an action to
quiet title may be brought -
"(1) to compel an adverse party to commence an action of ejectment;
"(2) where an action of ejectment will not lie, to determine any
right, lien, title or interest in the land or determine the
validity or discharge of any document, obligation or deed
affecting any right, lien, title or interest in land;
"(3) to compel an adverse party to file, record, cancel, surrender or
satisfy of record, or admit the validity, invalidity or discharge of,
any document obligation or deed affecting any right, lien, title or
interest in land; or
"(4) to obtain possession of land sold at a judicial or tax sale."
(emphasis added)
20. Pa.R.C.P. 1066, entitled "form of judgment or order" in a quiet title action,
provides:
"(a) The Court shall grant appropriate relief upon affidavit that a
complaint containing a notice to defend has been served and that
the defendant has not filed an answer, or after a hearing or trial
on the pleadings or merits.
(b) Upon granting relief to the plaintiff, the court
(1) shall order that the defendant be forever barred from
asserting any right, lien, title or interest in the land
3
inconsistent with the interest or claim of the plaintiff set
forth in his complaint, unless the defendant takes such
action as the order directs within thirty (30) days
thereafter. If such action is not taken within the 30-day
period, the prothonotary on praecipe of the plaintiff shall
enter final judgment;
(2) shall enter a final judgment that a document, obligation or
deed affecting a right, lien, title or interest in the land is
cancelled or is valid, invalid or discharged or that a copy
of a lost plan document obligation or deed is an
authentic copy;
(3) shall enter a final judgment ordering the defendant, the
prothonotary, or the recorder of deeds to file, record,
cancel, surrender or satisfy of record, as the case may be,
a—X plan, document, obligation or deed determined to be
valid, invalid, satisfied or discharged, and to execute and
deliver any document, obligation or deed necessary to
make the decree effective; or
(4) shall enter any other order necessary for the granting of
proper relief."
(emphasis added)
21. Simultaneously with the commencement of this action, the Plaintiff caused a Lis
Pendens to be indexed against the Premises.
22. No third parties acquiring interests in the Premises subsequent to the entry of
the Lis Pendens will be prejudiced if the Court grants the relief requested herein.
23. The error in the original Mortgage described in Paragraphs 16 and 17 hereof
can be corrected, so as to effectuate the intent of the parties, by making the following changes
thereto :
EXISTING
"(B) Borrower is Mark J. Wilson. Borrower is the mortgagor under this
Security Instrument."
CORRECTED
"(B) Borrower is Mark J. Wilson. Borrower and Rebecca A. Wilson, his
wife, are the mortgagors under this Security Instrument.
4
"Notwithstanding anything to the contrary contained in this Security
Instrument, Rebecca A. Wilson joins herein solely to mortgage, grant
and convey her interest in the property (hereinafter described) to the
Lender, its successors and assigns, to the same extent as does the
Borrower according to the paragraph hereof entitled `Transfer of Rights
in the Property'."
In addition, the designation of Rebecca A. Wilson as "Borrower" on the signature line
appearing on Page 15 of the Mortgage will be changed to read "Mortgagor".
WHEREFORE, the Plaintiff respectfully requests that the Court
(1) declare that the copy of the Mortgage attached hereto is a true and
correct copy of the original;
(2) authorize the Plaintiff to make the corrections described in Paragraph 23
hereof to the said copy of the Mortgage;
(3) order the Recorder of Deeds to accept, record and index the corrected
copy of the Mortgage in lieu of the lost original;
(4) declare that, upon recording of the copy of the Mortgage, the lien of the
Mortgage shall have priority over any interest in the Premises acquired
by any person after the Lis Pendens was filed in this action;
(5) authorize and direct the Recorder to accept for recording (upon payment
of the proper fee) a certified copy of the Order so declaring, and to
index it against the Defendants as grantors/mortgagors, the Plaintiff as
grantee/mortgagee, and the Premises; and
(6) grant such other relief as the Court deems appropriate.
COUNT II - SPECIFIC PERFORMANCE - PLAINTIFF v. DEFENDANTS
24. All paragraphs above are incorporated herein by reference as if fully set forth
again.
25. As part of the loan transaction described above, the Borrower executed a
Compliance Agreement (the "Compliance Agreement").
26. A copy of the Compliance Agreement is attached as Exhibit 44D9.
27. As set forth therein, the Compliance Agreement requires the Borrower to
"...fully cooperate and adjust for errors and omissions, any and all loan closing documentation
5
deemed necessary or desirable in the reasonable discretion of the lender to sell, convey, seek
guaranty, or market said loan to any entity ... in order to assure that the loan documentation ...
will conform and be acceptable in the marketplace...."
28. The loss of the Mortgage before recording is an error within the scope of the
Compliance Agreement.
29. Execution of a replacement Mortgage falls within the Borrower's duties under
the Compliance Agreement.
30. The Defendants have failed to execute a replacement Mortgage.
WHEREFORE, the Plaintiff respectfully requests that the Court :
(1) declare that the copy of the Mortgage attached hereto is a true and
correct copy of the original;
(2) authorize the Plaintiff to make the corrections described in Paragraph 23
hereof to the said copy of the Mortgage;
(3) order the Recorder of Deeds to accept, record and index the corrected
copy of the Mortgage in lieu of the lost original;
(4) declare that, upon recording of the copy of the Mortgage, the lien of the
Mortgage shall have priority over any interest in the Premises acquired
by any person after the Lis Pendens was filed in this action;
(5) authorize and direct the Recorder to accept for recording (upon payment
of the proper fee) a certified copy of the Order so declaring, and to
index it against the Defendants as grantors/mortgagors, the Plaintiff as
grantee/mortgagee, and the Premises; and
(6) grant such other relief as the Court deems appropriate.
COUNT III — DECLARATORY RELIEF - PLAINTIFF v. DEFENDANTS
31. All paragraphs above are incorporated herein by reference.
32. An actual controversy exists among the parties regarding the extent to which the
Mortgage constitutes a lien against the Premises.
WHEREFORE, the Plaintiff respectfully request that the Court
(1) declare that the copy of the Mortgage attached hereto is a true and
correct copy of the original;
6
(2) authorize the Plaintiff to make the corrections described in Paragraph 23
hereof to the said copy of the Mortgage;
(3) order the Recorder of Deeds to accept, record and index the corrected
copy of the Mortgage in lieu of the lost original;
(4) declare that, upon recording of the copy of the Mortgage, the lien of the
Mortgage shall have priority over any interest in the Premises acquired
by any person after the Lis Pendens was filed in this action;
(5) authorize and direct the Recorder to accept for recording (upon payment
of the proper fee) a certified copy of the Order so declaring, and to
index it against the Defendants as grantors/mortgagors, the Plaintiff as
grantee/mortgagee, and the Premises; and
(6) grant such other relief as the Court deems appropriate.
jespe�.Ttz�l�submitted,
/KAP STE MELOFF ITER & STEIN, P.C.
Y:
ILLIA , E QUIRE
Attorneys for aintiff
Dated: October 17, 2014_
7
EXHIBIT "A"
h
Parcel ID#09-16-1054-210
Street Address: 9 Saratoga Pl.,Camp Hill,PA 17011
East Pennsboro Township
File No.08-4167
�C�jt� itbElYttir�, made the a� day of April
�et�een
JAMES E. CLINE AND CYNTHIA L.CLINE,HUSBAND &WIFE
(hereinafter called the Grantors),of the one part,and
MARK J. WILSON AND REBECCA A. WILSON, HUSBAND AND WIFE,
(hereinafter called the Grantee),of the other part,
Vitneaetb' that the said Grantors for and in consideration of the sum of
FIVE HUNDRED THIRTY—NINE THOUSAND NINE HUNDRED Dollars 00/100 ($539,900.00)XM lawful
money of the United States of America, unto them well and truly paid by the said Grantee, at or before the
sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained and
sold, released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto
the said Grantee
ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland,
and Commonwealth of Pennsylvania, bounded and described as follows, in accordance with the Final
Subdivision Plan for Floribunda Heights, Phase II, Sections K & H, dated October 5, 1999, prepared by
Melham Associates, P.C., and recorded in Plan Book 80, Page 45, and revised on February 17, 2000, and
recorded in Plan Book 80,Page 104,viz;
BEGINNING at a point on the northern side of Saratoga Place at the southwestern corner of Lot No. K-9
on the above mentioned Plan of Lots; thence along the western line of Lot No. K-9, North 21 degrees 51
minutes 54 seconds West, 140.09 feet to a point at the lands now or formerly of Floribunda Associates;
thence along the said same lands, South 71 degrees 15 minutes 00 seconds West,34.01 feet to a point at the
same said lands now or formerly of Floribunda Associates; thence along the same said lands, South 71
degrees 15 minutes 00 seconds West, 31.07 feet to a point at the lands now or formerly of Nathaniel
Patterson; thence along the same said lands, South 71 degrees 15 minutes 00 seconds West, 55,63 feet to a
point at the northeastern corner of Lot No. K-7 on the above mentioned Plan of Lots; thence along the
eastern side of Lot No. K-7, South 33 degrees 26 minutes 24 seconds East, 159.61 feet to a point on the
northern side of Saratoga Place, thence along the northern side of Saratoga Place, by a curve to the right
having a radius of 465.00 feet and an arc length of 12.50 feet to a point; thence along the same side of
Saratoga Place, by a curve to the right having a radius of 465.00 feet and an arc length of 81.44 feet to a
point;the point and place of BEGINNING.
CONTAINING 16,075.929 square feet.
BEING Lot No, K-8, on the above mentioned Plan of Lots.
UNDER AND SUBJECT to a % 25' sanitary drainage easement running along the western side and rear
of the lot, as shown on the above mentioned plan.
UNDER AND SUBJECT, NEVERTHELESS, to all easements, restrictions, encumbrances and other
matters of record or that which a physical inspection or survey of the premises would reveal.
BEING THE SAME premises which Floribunda Associates Limited Partnership, by deed dated on the
10`h day of July, 2003, and recorded on the 291h day of July, 2003, in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Record Book 258, Page 1817, granted and conveyed
unto James E. Cline and Cynthia L. Cline,husband and wife,Grantors herein.
Together With all and singular the buildings and improvements, ways, streets, alleys,
driveways, passages; waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances,
whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions
and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim
and demand whatsoever of them,the said grantors, as well at law as in equity, of, in and to the same.
To babe a ub to bdb the said lot or piece of ground described above, with the buildings
and improvements thereon erected, hereditaments and premises hereby granted, or mentioned and
intended so to be, with the appurtenances, unto the said Grantee, its successors and assigns,to and for the
only proper use and behoof of the said Grantee, its successors and assigns, forever.
Z111b the said Grantors, for themselves and their heirs, executors and administrators, do, by these
presents, covenant, grant and agree,to and with the said Grantee, its successors and assigns,that they,the
said Grantors, and their heirs, all and singular the hereditaments and premises herein described and
granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee, its successors
and assigns, against them, the said Grantors, and their heirs, will warrant and defend against the lawful
claims of all persons claiming by,through or under the said Grantors but not otherwise.
ifn Witneo.0 Wbereof, the parties of the first part have hereunto set their hands and
seals. Dated the day and year first above written.
bealeb aub xeYibereb
IN THE PRESENCE OF US:
{SEAL}
line
{SEAL}
Cynthia L. Cline
2
1
Commonweal /State of 7
ss
County of , ,/,� �
On this, the a day of �Q ,�D 0 f before me, the undersigned
Notary Public, personally appeared James E.Cline,known to me(or satisfactorily proven)to be the persons
whose names are subscribed to the within instrument,and acknowledged that they executed the same for the
purposes therein contained.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA Notary Public
Notarial Seal My commission expires a00
Anna Marie Mader,Notary Public
Hampden Twp.,Cumberland County
My Commission Expires Aug.16,2008
Member,Pennsylvania Association Ot^toteritt
Commonwe th/State ofd
ss
County of d,"_.1kL-
On this, the a L,� day of , a00 r, before me, the undersigned
Notary Public, personally appeared Cynthia L. Cline, known to me (or satisfactorily proven) to be the
persons whose names are subscribed to the within instrument,and acknowledged that they executed the same
for the purposes therein contained.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVAMA Notary Public
Notarial Seal My commission expires /�.
�C1_�• mp"mog,
Anna Marie Mader,Notary Public
Hampden Twp.,Cumberland County
My Commission Bores Aug.16,2008
Member,Pennsy!van o c?ancia!ior,Of Notaries
The precise residence and the complete post office
address of the above-named Grantee is:
9 Saratoga 1., Camp Hill,PA 17011
i
On behalf of the Grantee
2
Dab
Parcel ID# 09-16-1054-210
James E. Cline and Cynthia L. Cline
TO
Cornerstone Relocation Group LLC
Anchor Abstracting Company,Inc.
27 East Philadelphia Street
York, PA 17401
Telephone: 717-699-4800 Fax: 717-843-
2250
REV--183 EX(3-04)
RECORDER'S USE ONLY
REALTY TRANSFER TAX State Tax Paid J G0
COMDMONWEAENTOFPENNSYLVANIA STATEMENT OF VALUE Book Number
BUREAU OF INDIVIDUAL TAXES Page Number
DEPT.280603 See Reverse for Instructions Date Recorded c�
HARRISBURG,PA 17128-0603 -_C`V
Complete each section and file in duplicate with Recorder of Deeds when(1)the fun value/consideration is not set forth in the deed, (2)when the
deed is without consideration,or by gift,or(3)a tax exemption is claimed.A Statement of Value is not required if the transfer is wholly exempt from
tax based on:(1)family relationship or(2)public utility easement.If more space is needed,attach additional sheet(s).
A. CORRESPONDENT-All inquiries may be directed to the following
Name person
�EQ •e r i Ad.t e ,r Telephone Number:
Street Address (71-7) 7&3—1 3&.3
Ctty S to Zip Code
3 3 t M ar�kot S-� Cee�t{y� 1—h1! �A 1701/
B. TRANSFER DATA Date of Acceptance of Document
Gr ntor(s)/Lessor(s)
C/ y , G�ntee(s)/Lessee(s)
IAeL E fr1 Cc i-�4h q L. C-h Fie (x�rruy�s rt r,�elcCah &0010CLC
Street Address
0 Cl. /)/u Street Address c '
amity /o1,25'G>c..5&,,w 6.^cie, 51e '
State Zip Code City State Zip Code
170 it Edei� fir tcli-ice. itgnl 553 -'f
C. PROPERTY LOCATION
Street Add r s
City,Township,Boroug
Cou CQ-ltC /�i-/!� PX /7U// fc'if�i'S�icr0
School District Tax Parcel Number
_ tilt .6c /�z"of
EQSf i,�cs�sbcro G4-I(o-/o5 - bio
D. VALUATION DATA
1,Actual Cash Considerate n '2.Other Consideration 3.Total Consideration
�3 9, Q00,o + 0 =539, 4?0 z), 0
4.County Assessed Value 5.Common Level Ratio Factor . 6.Fair Market Value
X _
E. EXEMPTION DATA
Ia.Amount of Exemption Claimed 1b.Percentage of Interest Conveyed
C lUU�lb
2. Check Appropriate Box Below for Exemption Claimed
❑ Will or intestate succession
❑ Transfer to Industrial Development Agency. (Name of Decedent) (Estate File Number)
❑ Transfer to a trust. (Attach complete copy of trustagreement identifying all beneficiaries.)
❑ Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
❑ Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu
of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.)
❑ Transfer from mortgagor to a holder of a mortgage in default.Mortgage Book Number ,Page Number
❑ Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.)
❑ Statutory corporate consolidation, merger or division. (Attach copy of articles.)
❑ Other(Please explain exemption claimed, if other than listed above.)
Under penalties of law, I declare that I have examined this Statement,including accompanying information, and to the best
of my knowledge and belief,it is true, correct and complete.
Signature of Cquespondent esponsible Party Date
FAILURE TO COMPLETE IYAIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN
THE RECORDER'S REFUSAL TO RECORD THE DEED.
i
I
REV-183 Ex(3-W)
j REALTY TRANSFER TAX State Tax Paid 7_
ONLY
STATEMENT OF VALUE ?
COMMONWEALTH OF PENNSYLVANIA Book Number
DEPARTMENT OF REVENUEi tx- '
BUREAU OF INDIVIDUAL TAXES Page Number 2
DEPT.280603 9 ( )UJrl:l:
HARRISBURG,PA 17128-0603 See Reverse for Instructions Date Recorded
1-34-)
Complete each section and file in duplicate with Recorder of Deeds when(1)the full value/consideration is not set forth in the deed,(2)when the
deed is without consideration,or by gift,or(3)a tax exemption is claimed.A Statement of Value is not required'rf the transfer is wholly exempt from
tax based on:(1)family relationship or(2)public utility easement.If more space is needed,attach additional sheet(s).
A. CORRESPONDENT-All inquiries may be directed to the following person:
NaT
ea Z I Telephone Number.
Street A ess
(7n> 7(�7 3S 3
city State ZiPC
Code
X133 !ti/ce,/ce n.z1,z� 14i �yoii
B. TRANSFER DATA. Date of Acceptance of Document
�,antor(s)/Lessor(s) Grantee(s)/Lessee(s)
L orek.r6 c.-je A10 1'k Z W,/S0o A e i d i�e,6e-cca 14_
Street Address Street Address
L1"J-C.,5-MvJn L irr 1e Stuff' 3sv c1 5�.rto a_, lace.
State �ZipCode Ci
St to Zip Code
MAI � �al c. � /�i l% �.9
C. PROPERTY LOCATION
Stre t Ad ss
I ,(,4 Township,Borough
f U ;1LGyl4 � /�r
CO Sch I District
j Tax Parcel Number
K1 t ��sf f�j-t41s�cYa
D. VALUATION DATA
1.Actual Cash Consideration -2.Other Consideration 3.Total Consideration
foo.o v + 0
4.County Assessed Value 5.Common Level Ratio Factor . 6.Fair Market Value
X _
E. EXEMPTION DATA
1a.Amount of Exemption Claimed 1b.
U /PCerUcenta a of Interest Conveyed/
2. Check Appropriate Box Below for Exemption Claimed
❑ Will or intestate succession
❑ of Decedent) (Estate File Number)Transfer to Industrial Development Agency. (Name
❑ Transfer to a trust. (Attach complete copy of trustagreement identifying all beneficiaries.)
❑ Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
❑ Transfers to the Commonweafth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu
of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.)
❑ Transfer from mortgagor to a holder of a mortgage in default.Mortgage Book Number ,Page Number
❑ Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.)
❑ Statutory corporate consolidation, merger or division. (Attach copy of articles.)
❑ Other(Please explain exemption claimed, if other than listed above.)
Under penalties of law, I declare that I have examined this Statement, including accompanying information, and to the best
of my knowledge and belief,It is true, correct and complete.
7ture of Correspondent 0esponsible Party Date,-
ateL 1 /
FAILURE TO COMPLETE IS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN
THE RECORDER'S REFUSAL TO RECORD THE DEED.
1
EXHIBIT "B"
ROBERT P. ZIEGLER
RECORDER OF DEEDS -
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013 = a
717-240-6370 7711 '
Instrument Number-200825938
Recorded On 7/30/2008 At 2:10:55 PM *Total Pages-7
*Instrument Type-DEED
Invoice Number-26124 User ID-RAK
*Grantor- CLINE,JAMES E
*Grantee-WILSON,:MARK J
*Customer-MIDSTATE
*FEES
STATE TRANSFER TAX $10,798.00 Certification Page
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00 DO NOT DETACH
JUSTICE
RECORDING FEES — $13.50
RECORDER OF DEEDS This page is now part
AFFORDABLE HOUSING $11.50 of this legal document.
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
EAST PENNSBORO $5,399. 00
SCHOOL DISTRICT
EAST PENNSBORO $5,399.00
TOWNSHIP
TOTAL PAID $21,636.50
I Certify this to be recorded
in Cumberland County PA
4Oft C-U
<� RECORDER O
/D7ED
�f�so
*-Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
OOOXIW`8 I
I I IIIIIIIIIIIIIIIIIIIIIII!
NOTE
JULY 10, 2009 BETHEL PARK PENNSYLVANIA
lDahcl Trityl lSenel
9 SARATOGA PLACE, CAMP HILL, PA 17011
IProperty Addresal
I. 1301tROWE.Ws PROMISE TO PAY
In rclurn fora loan that I have received, I promise to pay U.S. $***417,000.00 (this amount is called "Principal'),
plus interest,to the order of the Lender.The Lender is WELLS FARGO BANK, N.A.
I will make all payments under this Note in the limn of cash,check or money order.
I understand that the Lender may trhnsfcr this Note. The Lender or anyone who takes this Note by transfer and who is
entitled to receive payments under lhis Nine 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 a( a yearly
rate of 4.875 ''Vo.
The interest rate rcquired by this Section 2 is the rite I will pay both beCore and after any default described in Section 6(13)
ofthis Note.
3. PAYMENTS
(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 ort SEPTEMBER, 2009 I will
make these payments evciy month until I 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 he applied us of its scheduled due date and will he applied (o interest
bcfore Principal. If,on AUGUST 1, 2039 1 still owe amounts under this Note,I will pay those amounts in fill] on
that date,which is called the "Maturity Date."
Iwill make mynulnthlvpaytncntsatWELLS FARGO BANK, N.A. P.O. BOX 11701, NEWARK, NJ
07101-4701 or at a different place if required by the Note Holder.
(13)Amountof,11mithly Payments
My monthly payment will be in(he amount of U.S. S *****2,206.80
4. 1301iRONER'S RK:IIT TO PREPAY
I have the right to make payments of Principal at any little before(hey are due. A payment of Principal only is known us a
"Prepayment." When I rttuke a Prepayment. I will tell the Note Holder in writing that I am doing so. I may not designale a
payment as a Prepayment III have mol made all the monthly payments due under the Note.
I may make a lull Prepayment 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 accmud and unpaid interest on the Prepayment anwunt. before applying my Prepayment to reduce the
Principal amount of the Note. If 1 make a partial Prepayment, there will be no changes in the duc date or in the amount of my
monthly payment unless the Nnte holder agrees in writing to those changes.
o ers Klower anus ervices
0262,86115
MULTISTATE FIXE)RATE NOTE.Smgie Family.Fannie V—'Frecdie Mec UNIFORM INSTRUMENT F Farm 320011C1
NMP C. VA1PriN )
NMIFL 3200(CNOT) Rev 3/2009 Initials: Page Page I of of 3
5. LOAN CHARGES
Ira law, which applies to this loan and which sets maximum loan charges, is finally interpreted so Ihat 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 lite amount necessary to reduce;the charge 10 the permitted iimil; and (b) any sums already collected from
nu which exceeded permitled limits will be refunded to lite. "Ilse Note Holder may choosr to make this refund by reducing lite
Principal i owe under This Nule lir by making a dirccl payment to Inc. Ira refund reduces Principal, the reduction will be treated
as a partial Prcpayntcul.
6. BORROWER'S ilAiLURf•fO PA17 As RI:QU[RrD
(A)Late Charge fur Overdue Payments
If the Note Molder hus riot received the full amount of*any monthly payment by the end of 15 calendar days
alter the date it is due,1 will pay a laic charge to lite Note holder.The amount of the charge will be 5.000 0"',Of
my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment.
(B)Default
I1'1 do not pay the full amount ol'cuch monthly payment on the date it is due, I will be in dclault.
(C)Notice of Ddault
It't am in default, the Note [folder may send Inc a written notice telling me that if I do not pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount at'Principal which has not been paid and all
the interest that i rave on that amount. Thal dale must be at least 30 days after the date on which the notice is mailed to Inc or
delivered by other mimes.
(D)No Waiver By Note Holder
Gycn if, at a tittle when f ant in default, the Note floldcr dues not require laic to pay itninediulely in full as described
above,the Note[folder will still have the right to do so if I ant in dethuh at a later lime.
(E)Payment of Note[folder's Costs and Expenses
If the Note I Ioldcr has required Inc to pay immediately in full as described alcove, the Note Molder will have the right to
be paid back by lite lar all of its costs and expenses in cnrorcing this Note to the extent not prohibited by applicable law. Those
expenses include, for example, reasonable attorney's' fees.
7. GIVING OF NOTICES
UnIess applicable law requires a different method, any notice that musi he given to lite under this Note will be given by
delivering it or by mailing it by firs) class mall to Irate at the Property Address above or at a different address if i givelite Note
floldcr a notice of my different address.
Any notice that must he given to the Note Holder under Ibis Note will he given by delivering it or by mailing it by first
class mail to the Notc Holder at the address staled in Section 3(A)above or:at a different address il'i am given a notice of that
dilfercol address.
H. OBLIGA,riom OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in
this Notc, including lite promise to pay file lull amount owed. Any person who is a guarantor, surety or crtclorscr of this Note is
also obligated to do Illcsc things. Any person who takes over these obligations, including the obligations of a guarantor, surety
or endorser of this Note, is also obligated to keep all of the promises made in this Nile. The Note[folder may enfune its rights
under this Note against each person individually or against all of us together. This means that any one of us may be recluired to
pay all of the amounts owed under this Note.
9. NVAIVERS
I anti any other person who has obligations under this Note waive lite rights of Presentment and Notice of Dishonor.
"Presentment" means the right io require the Note holder to demand payment of amounts clue. "Notice of Dishonor" means the
right to require the Note floldcr to give notice to other persons that amounts clue have not been paid.
0262266115
MULTISTATE FIXED RATE NOTE-Single Fancy-Fannie Mae'Finadie Mac UNIFORM INSTRUMENT ) Form 32001701
Cf
VMP VMPCN 10803.00
Wollem Klvder Finandnl Services Initials " Page d3
II). UNIFORM SECURE'sD NOTE
-['his Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given w the
Note 4loldcr under this Nolo, a Mortgage, Deed of"frust, or Securily Deed(the "Security Instrument"), daled lite;antedate as
Ibis Note, protects the Nolo Halder t'rom pnssibie losses which might result if 1 do nol keep lite promises which I make in this
Nude. -that Security Inslrmitcnt describes how and under what conditions Inlay be required It) make intntediale payatent ill lilll
of all amounts I me under this Note.Some of those conditions are described as hollows:
11'all or any part of the property or any Interest in the Property is sold or tiansicrt'ed (of- if Borrower is
not a natural person and a beneficial interest in Borrower is sold or translcrred) without Lender's prior written
consent. Lcndcr may require immediate payment in full of all sums secured by this Security Instnnncnt.
However,this option shall not he exercised by Under if such exercise is prohibited by Applicable Law.
It- Lender exercises this option. Lcndcr shall give Borrower notice of acceleration. The notice Ahall
provide a period of not less than 30 days front the date the notice is given in accordance wilh Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Bormwer fails to pay these:
sums prior to the expiration of Ihir. period, Lcndcr may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
WITNESS THE HAND(S)AND SEAL(5)OF"h'HE IINDERSIONED.
(Sea]) (Seal)
MARK J WILSON -I3orrowel' -Rorrow•I r
(Seal) (Seal_)
-13onower -tiorm er
(Sca I) (Seal)
-Borrower -13ormw'er
(Seal) (Seal)
-Bonuw'cr -Bormw-cr
(Sign Original OnlYl
02622286115
MULTISTATE FIXED RATE NOTE-Single Family-Fannie Vae;Frecde Mac UNIFORM INSTRUMENT Ferro 3200101
VMP'5 VMP5N 10803).00
Weller;Kluher Financial Services Page 3 ora
EXHIBIT "C"
Prepared By:
NADINE SMITH
WELLS FARGO BANK, N.A.
2701 WELLS FARGO WAY
MPLS, MN 55467
Return To:
FINAL DOCUMENTS X2599-024
405 SW STH STREET
DES MOINES, IA 50309-4600
Parcel Number:
09-16-1054-210
Premises:
9 SARATOGA PLACE
CAMP HILL, PA 17011
ISpace Above This Line por Recording Data)
MORTGAGE
DEFIMTIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument"means this document,which is dated JULY 10, 2009
together with all Riders to this document.
(B)"Borrower"is MARK J. WILSON, A MARRIED MAN
Burrower is the mortgagor under this Security Instrument,
PENNSYLVANIA-Single Family-Fannio Meo(Froddie MCC UNIFORM INSTRUMENT Form 3039 1/01
VMP S P8(PA)(08041.00
Wall=Kluwer Financial Services Iniaole: Pago 1 of 17
NMFL 03039(PALM)Rev IrZ(M
(C)"Lender"is WELLS FARGO BANK, N.A.
Lender is a National Association
organized and existing under the laws of THE UNITED STATES OF AMERICA
Lender's address is P. O. BOX 5137
DES MOINES, IA 50306-5137
Lender is the mortgagee under this Security Instrument.
(D)"Note"means the promissory note signed by Borrower and dated JULY 10, 2009
The Note states that Borrower owes Lender FOUR HUNDRED SEVENTEEN THOUSAND AND NO/100
Dollars
(U.S.S***41'7,000.00 }plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than AUGUST 1, 2039
(F.) "Prnperty"means the property that is described below under the heading "Transfer of Rights in (he
Property."
(F) "Loan"means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note,and all sums due under this Security Instrument,plus interest.
(G) "Riders"means all Riders to this Security Instrument that are executed by Borrower. llrc following
Riders are to be executed by Borrower[check box as applicable]:
0 Adjustable Rate Rider 0 Condominium Rider O Second Home Rider
❑Balloon Rider ❑Planned Unit Development Rider 1-4 Family Rider
❑VA Rider ❑Biweekly Payment Rider ❑Other(s) [specify]
(H) "Applicable Law" means a)1 controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (Thal have the effect of law) as well as all applicable final,
non-appealable judicial opinions_
(I) "Community Association Dues, Fees, and Assessments"means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a. condominium association, homeowners
association or similar organization.
(d) "Electronic Funds Transfer"means any transfer of funds, ollfcr than a transaction originated by
check, draft. Or similar paper instrument. which is initiated through an electronic terminal, telephonic
instrument, computer,or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transact ions,transfers initiated by telephone,wire transfers, and automated clearinghouse transfers.
(K)"Escrow Items"means those items that arc described in Section 3.
(L) "Miscellaneous Proceeds"means any concpensation,settlement, award of damages,or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) tor. (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
PENNSVIVAMA•Sinplo Family-Fennle MeefFredoie Moo UNIFORM INSTRUMENT Forth 3039 1/71
VMP® MPO(PA)(0804).00
Wolters Kluwer Financial Saroioee Initial$. Paye 2 of 17
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to. the
value and/or condition of the Property.
(M) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of or default on,
the Loan.
(N) "Periodic Payment"means the 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"mcans the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 ct scq.) and its
implementing regulation, Regulation X (24 C.F.R. Pan 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 quality as a "federally related mortgage
loan"under RESPA.
(P) "Successor in Interest of Burrower"means any party that has taken title to the'Property. whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN TIIE PROPERTY
This Security Instrument secures to Lender: (i)the repayment of the Loan, and all renewals, extensions and
modifications of the Nolo; and (ii) the perfonnance of Borrower's cowman(s and agreemenls under ibis
Security Instrument and the Note. For this purpose, Borrower docs hereby mortgage, grant and convey to
Lender the following described property located in the COUNTY tType u Recording Jurisdicfival
of CUMMRLAND [Name of Recording Julisdiclioni;
SEE LEGAL DESCRIPTION
which currently has the address of 9 SARATOGA PLACE
[StrcclJ
CAMP HILL [City), Pennsylvania 17011 JZiP Codcl
("Property Address"):
r ENNSVLVANIASingle Family-Fannie MedFmdGie Mac UNIFORM INSTRUMENT Fann 30391101
VMP® VMPB(PA)(0804).00
Wolters Kluwer Financial Services Initials; Pago 3 of 17
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 as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands,subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
I. Payment of Principal, Interest, Escrow Items, Prepayment Charge%, 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 this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer.
Payments arc deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment 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.
2. Application of Payments or Proceeds. Fxcept as otherwise described in this Section 2, alt
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
PENNSYLVANIA-Bingle Femily.Fannie MealFreddie Mao UNIFORM INSTRUMENT Form 30301/01
VMP® ",!� P8(PA)(0804).00
Wolter Kluwer Financial Servicao Initlele: Page 4 o(17
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under(his 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
paid in full. To the extent that any excess exists al)cr the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments.
3. Funds for Escrow Items. Burrower shall pay to Lender on the day Periodic Payments- are due
under the Note, until the Note is paid in full, a sum (the"Funds") to provide for payment of amounts due
for: (a)taxes 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 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan. Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver;Borrower shall pay directly, when and where payable,the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
he a covenant and agreerrienl contained in this Seeurily 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 amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as 10 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 required under this Section 3.
Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
PENNSYLVANIA-Singlo Family-Fannie Moo/Froddie Moo UNIFORM INSTRUMENT 3030 /01
VMP® ,QPForm.mn 3030
)00
Wolters Kluwer Financial Services Initials Pago 6 of 17
reasonable cstitnates 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 ure so insured)or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA_
If there is a surplus of Funds held in C810ruw, as defined under RESPA, Lender shall account to
Borrower for the excess funds 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 Funds held by Lender.
4. Charges; Liens. Borrower shall pay all 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 Property, if any,and Community Association Dues, Fees, and Assessments,if any. To
the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcemeni of the lien while those pnweedings are pending; bul only until such proceedings
are concluded;or(c)secures horn the holder of the lieu an agreement satisfactory to Lender subordinating
the lien to this Security Instnnncnt. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by lire, hazards included within the term "extended coverage," and any
PENNSVIVANIA-6i"gle Family-Fannie Mae/Freddie Mee UNIFORM INSTRUMENT IMF
3939 7/07
VMP® MPBIPA){OB9d).09
Wolters Kluwer Financial Services Initals: Page 6 of 17
other hazards including, but not limited to, earthquakes and floods, for which Lendcr requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subjcet to Lender's
right 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 Hood 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.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall
become additional debt of Borrower secured by this Security Instrument. Thcsc amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to 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 Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee andior as an additional loss payee.
In the event of loss, BOITOWCT Shall give prompt notice lu the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lcnder 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. Luring such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Properly to ensure the
work has been completed to Lender's satisfaction, provided that such.inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
inletcst Or comings on such proceeds. Fees for public adjusters. or other Third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
PENNSYLVANIA-Single Femily.Fennie Mao7Fieddie Mae UNIFORM INSTRUMENT Form 3939 1/01
VMP® �(PA) 99
Wdlen Kluwer Financial Samices Inst 010: Pegege 7 7 o 0)0
the restoration or repair is not economically feasible or Lender'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 Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related[natters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event. or if Lender acquires the Properly under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of 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
covenagc of The N)perly. 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.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender
otherwise agrees in writing. which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds arc paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Properly only if Lender has released proceeds for such
purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not 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 may snake 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.
S. 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 Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
PENNSYLVANIA-Single Family-Fannie MadFreddie Mac UNIFORM INSTRUMENT Form 3099 1107
VMP® j1M1P0lPA)(D804).00
Walter$Kkmar Financial 6amice$ Initiolr Popo 8).00
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 Lender's interest in the Property and rights under this Security
Inslrurnenl, including protecting andfor assessing file value of thn Property, and securing undfor repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
Any amounts dishursed by Lender under this Section 9 shall become addilional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
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,
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 snake separately designated payments
toward the premiums 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,Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to he 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. Lendcr can no longer require loss
reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance 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
PENNSYLVANIA-Single Family-Fannie MaolFroddio Mac UNIFORM INSTRUMENT Form 30301/01
VMP® VMPBtPA)(0804).00
Wolters Kluwer Financial Sorvieag Initials: � Popo 0 of 17
0
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Burrower 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 agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to
these 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 insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid Io the insurer, the arrangement is uflen termed "caplivn 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 owe for Mortgage Insurance,and they will not entitle Borrower to any refund.
(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. There rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at'the time of such cancellation or
termination.
ll. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lcndcr shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction,provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
he lessened, the Miscellaneous Prtleeeds shall he applied lo the sures secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess,if any,paid to Borrower.
PENNSYLVANIA-Single Family-Fonnle Mao/Freddie Mac UNIFORM INSTRUMENT Fon 3030 1101
VMP® VMPB(PA)(0804).00
Woltem Kluwer Financial Senlcas Initials: Pogo 10 of 17
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instnunent immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial laking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the stuns seared immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Pr1 coeds shall he applied 111 the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence)offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument,whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
arc hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2..
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amorlivulion of the sums vrcured by this Security Inslrumcni by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Cn-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 Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
PENNSYLVANIASinple FmnilyFannie MaelFreddis Mae UNIFORM INSTRUMENT Farts 3030 1/01
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R
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 that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instr anent. Borrower shall not be released from
Borrower's obligations and liability under this Security lnstrument unless Lender agrees to such release in
writing. The covenant~ and agreementS of this Security Instrument shall hind (excepl 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 lender this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security instrument or by Applicable Law.
If the Loan is subject to a law which sets maxituum loan charges,and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, tben: (a) any micb loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit;and (b)any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated us a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Insttuutcnt
must he in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unlms Borrower has designated a suheditute notice address by notice to Lender. Burrower 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 Blue. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law rcquirenrcrlt will satisfy the corresponding requirement louder this Security
Instrument.
PENNSYLVANIA-Slnyle Family-Fannie Mao/Fro44ie Mae UNIFORM INSTRUMENT Form 3030 1/01
VMP® MP6(PA)(0804).00
Walters klw er Financial Services Initials: Paye 12 0117
16. Governing Law; Severability; Rules or 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 silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security tustrumeut 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 versa; and (c)the word "may" gives sole discretion without any obligation to
take any action-
17.
ction17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instr uillent.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed,contract for decd, installment sales contract or
escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without 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.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions.
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b)cures any default of any other covenants or
agreements;(c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Properly and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one of more of the following forms, as selected by Lender: (ti) cash; (h) money order; (c)
certified check, hank check, treasurer's check or cashier's check, provided any such check is drawn upon
PENNSYLVANIA-Single Family-Fannie Mee/Froddie Mac UNIFORM INSTRUMENT Form 30341/01
VMP S VMPeFA)(0tl04100
Wolter,Kluwor Financial Services Initials Poge 13 of 17
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstalcntent by Borrower, this Security Instruntcut 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 (lokelher with (his: Security Instrument) can he sold one ar more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Scrviccr") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer,unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Noe is sold and lhereafler the Loan is
serviced by a Loan Scrviccr other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence,join, or be joined to any judicial action(as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lcnder has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of'acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. •As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Envirotunenial Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents;materials containing asbestos or formaldehyde,and radioactive materials;
(b)"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that
relale to health, safely or environmental proieclion; (c) "Frivimnmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law, and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
Borrower shall not cause or pennit the presence, use, disposal, storage, or release of any Hazardous
Substances,or threaten to release any Hazardous Substances,on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Properly (a) that is in violation of any Enviromnental
Law, (h)which cradles an Fnvironmenlal Condition, or(c)which, due to the presence:, use, cur rule:asc ora
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
Iwo sentences shall not apply to the presence, use, or storage an the Property of small quantities of
PEEN SYLVANIASmyirgle FaFannle NeelFroddie Mae UNIFORM INSTRUMENT Forth 3039 5/01
PS(
Woltam Kluwer Finaneial Semlras - Inniolc VMPope SQ4a00
1
COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss:
On this, the 10TH day of JULY, 2009 ,before me,the
undersigned officer,personally appeared MARK J WILSON
NON-BWRS:RESECCA A. WILSON
known to me(or
satisfactorily proven) to be the person(s) whose names) is/are subscribed to the within instrument and
acknowledged that he/she/they executed the same for the purposes herein contained.
1N W1'1NF.SS WHFREOF, 1 hereunto set my hand and official seal.
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA
Notarial al
Lisa A.Secy,Notary Public
City Of Harrisburg,Dauphin County Tilts of Ottiecr
My ODMMIssion E)Vres July 24,2011
Member,Pennsylvania Associatlon of Notarles
Certificate of Residence
1, du hereby certify that
the correct address of the within-named Mortgagee is P• 0. BOX 5137
DES MOINES, IA 50306-5137
Witness my band this 10TH day of JULY, 2009
Agent of Mortgagee
PENNSYLVANIA-Single Fanily-Fonnlo McNFredeie Mac UNIFORM INSTRUMENT Fort 30301/01
VMP® 4MPt(PA)(0604).00
Wolters Kluwer Financial Servicoe Initials Pogo 17 of 17
COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County
On this, the 10TH day of JULY, 2009 ,before me,the
undersigned officer,personally appeared MARK J WILSON
NON-BWRS:REBECCA A. WILSON
known to me(or
satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged that he/shelthey executed the same for the purposes herein contained.
IN WITNESS WHFRROF, I hereunto tint my hand and official seal.
My Conunissiou Expires: - -"�
J
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal p
Usa A.Secy,Notary 1'tubllc
City Of Harrisburg,Dauphin County Tide of Oflicer
My Commission Expires July 24,2011
Member,Pennsylvania Association of Notaries
Certificate of Residence
1, du herchy certify thin
the correct address of the within-uanted Mortgage is P• 0. BOX 5137
DES MOINES, IA 50305-5137
Witness my hand this 10TH day of JULY, 2009
Agcnt of Mortgagee
PENNSYLVANIA-Single Family-Fannie Mes'Frefte Mac UNIFORM INSTRUMENT Form 3030 1101
VMP® VMP5(PA)(0804),00
Woltors Kluwer Financial Services Initial$. tn� page 17 of 17
i
•
ALTA COMMITMENT
SCHEDULE C
File Number: 09-0179
LEGAL DESCRIPTION
All that certain lot of land situate in the Township of East Pennsboro, County of Cumberland, and
Commonwealth of Pennsylvania,being known as Lot No. K-8, in accordance with the Final Subdivision Plan
for Floribunda Heights, Phase Il, Sections K&H,dated October 5, 1999,prepared by Melham Associates,P.C.
and recorded in Plan Book 80,Page 45,and revised on February 17, 2000, and recorded in Plan Book 80,Page
104.
BEING PARCEL#09-16-1054-210
NOTE: Being known as 9 Saratoga Place, Camp Hill, PA 17011 l/
NOTE : Street Address and Lot and Block shown for informational purposes only.
BEING the same premises as conveyed to James E. Cline and Cynthia L. Cline,the grantors herein,by virtue of
a deed from Floribunda Associates Limited Partnership recorded 7/29/2003 in the Office of the Recorder of
Deeds in and for Cumberland County in record book 258,page 1817.
EXHIBIT "D"
Compliance Agreement
State of PENNSYLVANIA
County of CUMBERLAND
Borrower(s): MARK J WILSON
Lender: WELLS FARGO BANK, N.A.
Property: 9 SARATOGA PLACE
CAMP HILL, PA 17011
The undersigned Borrower(s), in consideration of the lender disbursing funds today for the closing of the property
listed above agrees, if requested by the lender or someone acting on behalf of the lender, to fully cooperate and
adjust for errors and omissions, any and all loan closing documentation deemed necessary or desirable in the
reasonable discretion of the lender to sell, convey, seek guaranty or market said loan to any entity including but
not limited to any investor, Federal National Mortgage Association (FNMA), Government National Mortgage
Association (GNMA), Federal Home Loan Mortgage Corporation, Department of Housing and Urban Development,
Veterans Administration or any Municipal Bonding Authority.
The undersigned Borrowers) do hereby so agree and convenant in order to assure that the loan documentation
executed this date will conform and be acceptable in the marketplace in the instance of transfer, sale or
conveyance by the Lender of its interest in and to said loan documentation.
Date effective this 10th day of July, 2009.
MARK J WILSON DATE
EU032L Rev.04/03/03
VERIFICATION
I, Matthew Nelson , hereby verify that I am a�«fie 1 ocu�cen7�o.*0^
of Wells Fargo Bank, N.A., Plaintiff in this matter, that I am authorized to execute this
Verification on its behalf, and that the facts set forth in the foregoing pleading are true and correct
to the best of my knowledge, information and belief. I acknowledge that I am subject to the
penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
v--
Dated:
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By: William J. Levant, Esquire Z..'_, �? ; 23
Attorney ID No. 54286
910 Harvest Drive C'. :` ;',; co; --y
Post Office Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000 Attorneys for Plaintiff
(610) 684-2020 - Telecopier
wlevant(a)kaplaw.corn
WELLS FARGO BANK, N.A. COURT OF COMMON PLEAS
2701 Wells Fargo Way, 1" Floor CUMBERLAND COUNTY, PA
Minneapolis, MN 55467
Plaintiff :
V.
No. 14- 6l(n8 (2wil-Term
MARK J. WILSON
and REBECCA A. WILSON
9 Saratoga Place
Camp Hill, PA 17011
Defendants
ENTRY of APPEARANCE
TO THE PROTHONOTARY :
Kindly enter my appearanc r e Plaintiff in the above.
P STEWA OFF RE STEIN, P.C.
By:
LLI L NT, QU'
Attorneys for intiff
Dated: October 17, 2014 —
KAPLIN STEWART MELOFF REITER & STEIN, P.C.
By: William J. Levant, Esquire
Attorney ID No. 54286
910 Harvest Drive
Post Office Box 3037
Blue Bell, PA 19422-0765
(610) 260-6000
(610) 684-2020 - Telecopier
wlevantakaplaw.com
WELLS FARGO BANK, N.A.
2701 Wells Fargo Way, 1st Floor
Minneapolis, MN 55467
Plaintiff
v.
MARK J. WILSON
and REBECCA A. WILSON
9 Saratoga Place
Camp Hill, PA 17011
Defendants
ZE:11 OCT 20 2 23
COLI:
YAM
Attorneys for Plaint! f
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
No. 14 —(o168 al\licietiVi
PRAECIPE TO ENTER LIS PENDENS
TO THE PROTHONOTARY :
Kindly enter a lis pendens against the property of the Defendants, Mark J. Wilson and
Rebecca A. Wilson, located at 9 Saratoga Place, East Pennsboro Township, Camp Hill, PA
17011 (parcel 09-16-1054-210), a legal description of which is attached hereto.
I hereby certify that this matter involves a claim to title to the aforementioned real
property.
STEW' T ME OFF REITEI & STEIN, P.C.
Dated: October 17, 2014
WILLIAM J.
Attorneys for
*16.5o Pb Puri
0)3335
Moiite mai led 1-
ALTA COMMITMENT
SCHEDULE C
File Number: 09-0179
LEGAL DESCRIPTION
All that certain lot of land situate in the Township of East Pennsboro, County of Cumberland, and
Commonwealth of Pennsylvania, being known as Lot No. K-8, in accordance with the Final Subdivision Plan
for Floribunda Heights, Phase II, Sections K & H, dated October 5, 1999, prepared by Melham Associates, P.C.
and recorded in Plan Book 80, Page 45, and revised on February 17, 2000, and recorded in Plan Book 80, Page
104.
BEING PARCEL # 09-16-1054-210
NOTE: Being known as 9 Saratoga Place, Camp Hill, PA 17011
NOTE : Street Address and Lot and Block shown for informational purposes only.
BEING the same premises as conveyed to James E. Cline and Cynthia L. Cline, the grantors herein, by virtue of
a deed from Floribunda Associates Limited Partnership recorded 7/29/2003 in the Office of the Recorder of
Deeds in and for Cumberland County in record book 258, page 1817.
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
FILED -OFFICE
UF THE PROTHOHOTAiVY
2[114 OCT 271 PPi 3:.17
CU PgidSANDT Y
Wells Fargo Bank, N.A.
vs. Case Number
Mark J Wilson (et al.)
2014-6168
SHERIFF'S RETURN OF SERVICE
10/21/2014 06:17 PM -. Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint
to Quiet Title and Lis Pendens by handing a true copy to a person representing themselves to be
Rebecca Wilson, Wife, who accepted as "Adult Person in Charge" for Mark J Wilson at 9 Saratoga Place,
East Pennsboro, Camp Hill, PA 17011.
N GUTSHALL, DEPUTY
10/21/2014 06:17 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint
to Quiet Title and Lis Pendens by "personally" handing a true copy to a person representing themselves
to be the Defendant, to wit: Rebecca A Wilson at 9 Saratoga Place, East Pennsboro, Camp Hill, PA
17011.
SHERIFF COST: $60.95 SO ANSWERS,
October 22, 2014
. CountySulte Shoot, Toleosoft.
RONR-R ANDERSON, SHERIFF