HomeMy WebLinkAbout05-2274McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
Attorney for Plaintiff
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
Mortgage Electronic Registration Systems, Inc.
636 Grand Regency Boulevard
Brandon, FL 33510
V.
Paul K. Lininger
233 Main Street
Mechanicsburg, PA 17055
and
Jennie M. Lininger
6208 Stanford Court
Mechanicsburg, PA 17050
Cumberland County
Court of Common Pleas
Number OS - oU'7y e
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE AVISO
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.
Le ban demandado a usted en la Corte. Si
quiere defenderse de estas demandas ex-pues
las paginas siguientes, usted tiene veint
dias de plaza al partir de la fecha de la den
la notif icacion. Hace falta asenta
coaparencia escrita o en persona o can un abc
entregar a la Corte en forma escrita sus defe
sus objeciones a las demandas en contra
persona. Sea avisado que si usted no se def
la carte tomara medidas y puede contini
demanda en contra soya sin previo av
notification. Ademas, la Corte puede dec
favor del demandante y requiere que usted
can todas las provisioner de esta demands.
puede perder dinero o sus propiedades u
derechos importantes para usted.
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USTED LE DEBE TOMAR ESTE PAPEL Y
ABOGADO INMEDIATAMENTE. SI USTED
TIENE A UN ABOGADO, VA A O TELEFONE,
OFICINA EXPUSO ABAJO. ESTA OFICINA
PUEDE PROPORCIONAR CON INFORMAT
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR P,
EMPLEAR UN ABOGADO, ESTA OFICINA PU
SER CAPAZ DE PROPORCIONARLO (
INFORMACION ACERCA DE LAS AGEN(
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Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
Cumberland County Par Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Mortgage Electronic Registration
Systems, Inc.
636 Grand Regency Boulevard
P.O. Box 2369
Brandon, FL 33510
V.
Paul K. Lininger
233 Main Street
Mechanicsburg, PA 17055
and
Jennie M. Lininger
6208 Stanford Court
Mechanicsburg, PA 17050
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
Number ds - aa7? cl, Cj
CIVIL ACTION/MORTGAGE FORECLOSURE
I. Plaintiff is Mortgage Electronic Registration Systems, Inc., a corporation
organized and doing business at the above captioned address.
2. The Defendant is Paul K. Lininger, who is one of the mortgagors and real
the mortgaged property hereinafter described, and his last-known address is 233 Main
Mechanicsburg, PA 17055.
3. The Defendant is Jennie M. Lininger, who is one of the mortgagors and real
of the mortgaged property hereinafter described, and her last-known address is 6208 Stanford
&-'l
of
Mechanicsburg, PA 17050.
4. On 05/01/2002, mortgagors made, executed and delivered a mortgage upon
premises hereinafter described to Plaintiff which mortgage is recorded in the Office of the
of Cumberland County in Mortgage Book] 758, Page 1140.
5. The premises subject to said mortgage is described in the mortgage
Exhibit "A" and is known as 6897 Wertzville Road, Enola, PA 170251035.
6. The mortgage is in default because monthly payments of principal and interest
said mortgage due 08/11/2004 and each month thereafter are due and unpaid, and by the
said mortgage, upon default in such payments for a period of one month, the entire principal
and all interest due thereon are collectible forthwith.
7. The following amounts are due on the mortgage:
Principal Balance
Interest 07/11/2004 through 03/23/2005
(Plus $ 30.65 per diem thereafter)
Attorney's Fee
Late Charges
Corporate Advance
Cost of Suit
Appraisal Fee
Title Search
GRAND TOTAL
$ 124,453.74
$ 7,728.28
$ 6,222.69
$ 547.36
$ 20.00
$ 225.00
$ 125.00
$ 200.00
$ 139,522.07
8. The attorney's fees set forth above are in conformity with the mortgage
and Pennsylvania Law and will be collected in the event of a third party purchaser at
If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged
work actually performed.
as
of
on
9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §401) and
notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PAICode
Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been
Defendants by regular mail with a certificate of mailing and by certified mail, return receipt
to
WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of
$139,522.07, together with interest at the rate of $30.65 per diem and other costs and
collectible under the mortgage and for the foreclosure and sale of the mortgaged property.
TERRENCE J. MCC2
Attorney for Plaintiff
VERIFICATION
The undersigned, Terrence J. McCabe, Esquire, hereby certifies that he is the A
the Plaintiff in the within action, and that he is authorized to make this verification and
foregoing facts are true and correct to the best of his knowledge, information and belief and
for
states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to
unworn falsification to authorities.
G?
Terrence J. McCabe
44
ROIERT P. ?IECIER
R7CORD'R OF DEEDS
{p?p• EISS ,,.,?eMU6
After Recording Return To: ' o2 MY 8 PR 12 1 f 101 P01--?I t Q X ? {
Decision One Me ge Company, LLC JQUONTOr FA #9tRf7
6060 J.A. Jon rive, Suite 1000
Charlotte orth Carolina 28287
(Space Above This Line For Recording Dotal
MORTGAGE
DEFINITIONS
Loan Number 2030-02044556-046
MIN: 1000779-0004221046.5
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 sales regarding the usage of words used in this document are also provided in
Section 16.
(A) "Security Instrument" means this document, which is dated MAY 1, 2002, together with all Riders to
this document.
(B) "Borrower" is PAUL K LININGER and JENNIE M. LININGER, HUSBAND AND WIFE.
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation (list is acting
solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this
Security Instrument. NTM is organized and existing under the laws of Delaware, and has an address and
telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-N ERS.
(D) "Leader" is Decision One Mortgage Company, LLC. Lender is a LIMITED LIABILITY COMPANY
organized and existing under the laws of NORTH CAROLINA. Lender's address is 6060 J.A. JONES
DRIVE, SUITE 1000, CHARLOTTE, NORTH CAROLINA 28287.
(E) "Note" means the promissory note signed by Borrower and dated MAY 1, 2002. The Note states that
Borrower owes Lender ONE HUNDRED THIRTY-FIVE THOUSAND AND 00/100ths Dollars
(U.S.S135,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to
pay the debt in full not later than MAY 11, 2017.
(F) "property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "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 ibis Security Instrument, plus interest.
MNNSVLVAN1ASin le Famil -Faade Mee/Freddle Mae UNIFORM INSTRUMENT
a
BK 1758PG 1 140
Form 3039 1/01 (page 1 of 14 page,)
I)A-?
„MS 335 i r i
Exhibit A
(H) "Riders" means all Riders to this Security Instrument that arc executed by Borrower The following
Riders arc to be executed by Borrower [check box as applicable]:
I Adjustable Rate Rider I Condominium Rider I Second Home Rider
I Balloon Rider I Planned Unit Development Rider I Other(s) [spocify]
1 1-4 Family Rider I Biweekly Payment Rider '
(1) ^AFWtrame Law's means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the e(Icct of law) as well as all applicable final, non-appealable
judicial opinions.
(d) "Community Association Dues, Fels, 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.
(Y) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine
transactions, transfers initialed by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, the Property; (ii) condemnation or other taking of all or any pan of the Property; (iii)
conveyance in lieu of condemnation; or (iv) misrepresenutions of, or omissions as to, the value and/or
condition of the Property.
N "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(O) "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.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 ct seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or
any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers 10 all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under
RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken tide to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender. (i) the repayment of the Loan, and all rcnmvals, extensions and
modifications of the Note, and (ii) the performance of Borrowers covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to HERS
(solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns ofMERS
the following described property located in the County of CUMBERLAND
(Typeofliccordi"g Jurisdiumn] [Name of Recording Jurisdiction)
SEE ATTACHED SCHEDULE "A"
PENNSY VANIASingle Family-FwNe MacTreddie Mae UNIFORM INSTRUMENT Form 3039 1101 (page 2 of 14 pager)
8K 1758PG 1 14 1
Tax Parcel Identification Number: 38-13-0988-002
which currently has the address of 6897 WERTZVILLE ROAD
[Street]
ENOLA Pennsylvania 17025 ('Property Address'):
[City] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a pan 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 understands and agrees that MERS holds only legal tide to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument.
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 Propeny is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims
and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
Property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayinent
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursbant 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; (e) certified check, bank check, treasurer's check or cashiers check provided any such
check is drawn upon an institution whose deposits are insured by a federal agency, inslmmentality, or entity; or
(d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender
may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan
current. Lender may accept any payment or partial payment 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 arc accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds.
PENNSYLVANIA-Single Family-Fv hledFnddle Mx UNIFORM INnRUMENT Form 3039 1/01 (page 3 of 14 pngea)
8KI758PG1142
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 fonds 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 Now and this Security Instrument or
performing die covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note', (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge.
If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to
the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the
extent that any excess exists after the payment is applied to the full payment of one or mom Periodic Payments,
such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any
prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for, (a) taxes
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, it 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." Al 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.
Under may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. I Any
such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where
payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender
and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as
Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all
purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
"coverant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant
to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rightsunder
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 to any or all Escrow Items at any time by a notice giren in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such
amounts, that arc 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 specked 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 reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
PENNSYLVANIA-Single Famity-FaoNe MamF cfie Mae UNIFORM INSTRUMENT Farm 3039 IAI fpoge 4 of 14 pages)
U L/
BK 1758PG 1 143
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
a entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specked under
RESPA. Lender shall not charge Sorrmver 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 nun be required to pay Borrower any interest or camings on the
Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. -Lender
shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds in accordance with RESPA. If 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 makt up the
defic(eucy, in accordance with RESPA, but in no more than 12 monthly payments. .-
Upon payment in full of all sums secured by this Security Instmment, Lender shall promptly refund to
Borrower any Funds held by Lender.
0. Charges; Liens. Borrower shall pay all taxes, assessments, charges, lines, 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, Fos, and Assessments, if any. To the extent that these
items an Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Bonmver shall promptly discharge any lien which has priority over this Security Insimment 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
enforcement of the lien while those proceedings are pending, but only until such proceedings arc concluded; or
(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which can attain 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-lime charge for areal estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected, on the
Property insured against loss by fire, hazmrds included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible ]vets) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the terns of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Bovower
to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-lime 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 cone determination
resulting from an objection by Borrower. -
PENNSYLVAN1ASingk Family-F.W. Moe/Fnddle Mai UNIFORM INSTRUMENT Form 3079 1101 (page 5 of l4 pages)
9W (?
f
i
881758PG 1 144
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 elfwt. 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 ibis Section 5 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lenders 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 renoval certificates. If
Lender regtureS, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Burrower 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 and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insuranco proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's
security is not lessened. During such repair and nstoralion period, Lender shall have the right to hold such
insurance proceeds until tender has had an opportunity to inspect such Property to ensure the work has been
completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may
disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the
work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on
such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
proceeds. Fees for public adjusters, or other third panics, retained by Borrower shall not be paid out of the
insurance proceeds and shall be the sale obligation of Borrower. If 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 matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier
has offered to setae a claim, then Lender may negotiate and settle the claim. The 30-day period will begin
when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise,
Borrower hereby assigns In lender (a) Borrower's rights to any insurance proceeds in an amount not to excoed
the amours 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 wvemge of the Property. Lender may use the insurance
pmmcds either to repair or restore the Property or to pay amounts unpaid under the Note or this Smunly
Instmmenl, whether or not then due. n
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal resiaence
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 cirwmsmaces exise which
an beyond Borrower's control.
FENNSVLVAN'IA-Single ramil,fiain a Mav7ar Idle Mec UNIFORM INSTRUMENT Form 3039 1101 (page 6 of 0 pagej)
BK 1758PG.1 145
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 5 that
repair or restoration is not economically fusible, Borrower shall promptly repair the Property if damaged to
avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with
damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property
only if Lender has released proceeds for such purposes. Lender 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 make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
It. 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 Borrowers knowledge or
consent gave materially false, misleading, or itincumle information in 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.
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 Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's
actions can include, but are not limited lo: (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 anions authorized under this Section 9. 1
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees
to the merger in writing. '.i
PENNSYLVANIA-Smock Family-Fwwe MxWb le Mve UNIFORM INSTRUMENT Form 3039 1101 (page 7 of 14 pages)
BK 1758PG 1 146
10. Mortgage Insurance. If Lender required Mortgage luminance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage IrssuranCC 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 make 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 be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in
lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is
ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss
reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the?amount
and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requites separately designated payments toward the premiums for Mortgage Insurance. If
Lender required Mortgage Insurance as a condition of making the Loan and Borrower was requiredlo 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
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. Borrower is rot 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 coinsurer, 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 lakes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other mrwrs of the Loan. Such agreements will not incinase 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. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund'of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. '
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby a'signed
to and shall be paid to Lender.
PENNSYLVANIA-Single FomilyFa Mae Mdie Mx UNIFORM INSTRUMENT Form 3039 1101 (page 8 of l,iPages)
C?e
BN 1758PG 1 147
If the Property is damaged, such Miscellaneous Proceeds shall he applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender 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 agrcemenl is made
in writing or Applicable law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair
is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then duc, 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, ff
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the
amount of the stuns secured by this Security Instrument immediately before the partial taking, deswction, 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 stuns secured immediately before the partial taking, destruction, or loss in value
divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in
value. Any balance shall be paid to Borrower.
In the event of a partial liking, destruction, or loss in value of the Property in which the fair market value
of the Properly immediately before the partial taking, destruction, or loss in value is less than the amount of the
sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, alter 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 begnr 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 thm, 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 am attributable to the impairment of Lender's inerml in the Property are hereby assigned and
shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
the order provided for in Section 2.
PENNSYLVANIASingla Family-Fnmle Maelfrtddle Mac UNIFORM INSTRUMENT Form 3039 1/01 (page 9 of IJ pages)
C?o
BK 1758.PG.1.1,40)
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower
or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors
in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in
Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors
in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower
or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or
remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower cmcronts and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sutras 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-signets consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security li mment in writing, and is approved by Lender, shall obtain all of Boirmver's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations
and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 20) and bent 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 Lendcrs interest in the Property and rights under this Security
Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to
any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower
shall not be construed a a prohibition on the charging of such fee. Lender may not charge fees that arc
expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note
or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under
the Note). Borrower's acceptance of any such refund 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 Instrument must be
in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been
given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if
sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable
Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has
designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of
Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address,
then Borrower shall only report a change of address through that specified procedure. There may be only one
n
PPNrvaYLVM1A-Single Family-PuNe Mae/FrcdNe Mac UNIFORM INSTRUMENT Form }R}9 1101 (gage 10 of 14 pager)
k
O K I 758PG 114.9,
designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given
by delivering it or by mailing it by first class =it to Lendcrs address stated herein unless Lender has
designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall
not be deemed to have been given to Lender until actually received by Lender. If any notice required by this
Security instrument is also required under Applicable Law, the Applicable Law requirement will satisfy [be
corresponding requirement under this Security instrument.
16. Caverniug Law; Severability; Rates of Constractioo. This Security Instrument shall be governed by
federal law and the law of the jurisdiction in which the Properly 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 ooMiel shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include
the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any
action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Properly or a Beneficial Interest in Borrower. As used in this Section 18, "Interest
in the Property' means any legal or beneficial interest in the Property, including but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
sipmemen, 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 Properly 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
contemn, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shalt rot be exercised by Lender if such exercise is probibiled 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 Borrownes right to reinstate; or
(c) entry of a judgment enforcing this Security lostrumenl. 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 acmieralion had
occurred; (b) cues 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 protesting Lender's interest in the Property 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 or more of the following forms, as selected by Lender: (a) cash;
(b) money order; (c) certified check, bank check, treasurer's check or cashiers check, provided any such check
is durum upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d)
Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations segued
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. 1
PENNSYLVANIA-Single Family.fu t Maeffmddle Mac UNIFORM INSTRUMENT Form 3039 1101 (pge ll of 1-Ppage.r)
L
BK 1758PG 1150,
20. Sale of Note; Change of Loam Service; Notice of Grievance. The Note or a partial interest in the
Note (together with this Security hnnsoment) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Servicer') that collects Periodic Payments
due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under
the Note, this Security Instrument, and Applicable Law. TMre 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 ft name and address of the new Loan Services, the address to
which payments should be made and any other information RESPA requires in connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the
purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
or be transferred to a successor Loan Services and are not assumed by the Note pumhaser unless otherwise
provided by the Now 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 Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy
the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials, (b) "Environmental
law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
removal action, as defined in Environmental Law, and (d) an "Environmental Condition" means a condition
that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit 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 Property (a) that is in violation of any Environmental Law, (b)
which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
Substance, cremes a condition that adversely affects the value of the Property. The preceding two sentences
shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that
are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely infects the value of the Property. If Borrower teams, or is notified by any governmental or
regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly lake all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
i
PENNSYLVANIA-Single Family-Fa Mu mdOe Mm UNIFORM INSTRUMENT Form 31139 1101 (page 12 0J'14 pages)
90358PG1 151
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
under Section IS unless Applicable Law provides otherwise). Lender shall notify Borrower of, among
other things: (a) the default; (b) the action required to cure the default; (e) when the default most be
cured; and (d) that failure to cure the default as specified may mull in acceleration of the sums secured
by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Leader shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the nonexislence of a default or any other defense of Borrower to acceleration and
foreclosure. If the default is not cured as specified, Leader at its option may require immediate payment
in full of all sums secured by this Security Instrument without further demand and may foreclose this
Security Instrument by judicial proceeding. Leader shall be entitled to collect all expenses incurred in
pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs
of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this security Instrument and
the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and Satisfy
this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for
releasing this Security Inslmment, but only if the fec is paid to a third patty for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
detects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
23. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower
to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. lateral Rate After Judgment. Borrower agrees that the interest rate payable after ajudgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the Note.
PENNSYLVANIA-Single Family-Fw . M.OFrt dk M¢ UNIFORM INSTRUMENT Form 3039 1/01 (page M of f4 pages)
e
BK 1758PG 1 152
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
(Seal)
A L K NIN
?M^ U IN )
(Seal
J IE M. LIMNGE--nScal
(Seal) ($ta(
-Iwrws .aoao„a
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the I day of , before me, the undersigned JdE' Ca officer, pemnafly appeared PAUL K LININGER aad NNIE M. LININGER, HUSBAND AND WIFE
, known to me, (or satisfactorily proven) to be the person(s) whose name(s) is/am subscribed to the Within
instrument, and acknowledged that he/she/they executed the same for the purposes therein contained.
In witness whereof, I hereunto set my hand and official sea
(Seal) _ Wri r-U P(Lh ? i P
Title of Officer--- I
My Commission Expires: m('rse?'S , 06010
Typed or printed name: y'?tpllp.I)n YY1 17o n e . n_
CERTIFICATE OF RESIDENCE PFraoS do hereby certify that the correct
address of the within-named lender is 6060 J.A. JONES DRIVE, SUITE 1600, CHARLOTTE, NORTH
CAROLINA 29287, witness my hand this + day of IM_2*_ - ,
Agent of Lender.
Ndedea Seal
Iherem 0M#*'Q aqy
tMCoranrmmianEg6wMV 7,2009
nsnww. cx.,N,>ti, Aaocwmdway,
PENNSYLVANIA-Single Family-Fannk MulPnddle Mu UNIFORM INSTRUMENT Form 3039 1101 (page 14 of 14 pages)
BK 1 758PG 1153
EXHIBIT A
ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF SILVER SPRING IN THE COUNTY OF
CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN A FEE
SIMPLE DEED DATED 02/17/1999 AND RECORDED 02/23/1999, AMONG THE LAND RECORDS OF
THE COUNTY AND STATE SET FORTH ABOVE, IN VOLUME 194 PAGE 769.
TAX PARCEL ID: 38-13-0988.002
ADDRESS: 6897 WERTZVILLE ROAD
ENOLA, PA 17025
I Certify this to be recorded
In Cumberland County PA
O K I 7 5 8 K 1 154 Recorder of Deeds
C:r
r? n
CASE NO: 2005-02274 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
LININGER PAUL K ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
LININGER PAUL K
was served upon
DEFENDANT
the
, at 1907:00 HOURS, on the 19th day of May , 2005
at 233 WEST MAIN STREET
MECHANICSBURG, PA 17055 by handing to
PAUL LININGER
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 18.50
Affidavit .00
Surcharge 10.00
.00
46.50
Sworn and Subscribed to before
me this b'4-? day of
A. D.
Prothonotary '
So Answers:
?00-s5?
R. Thomas Kline
05/20/2005
MCCABE WEISBERG C NWAY
By: IWA 4;
Deputy Sheriff
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02274 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
LININGER PAUL K ET AL
BRIAN BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
LININGER JENNIE M the
DEFENDANT
, at 1752:00 HOURS, on the 19th day of May , 2005
at 6208 STANFORD COURT
MECHANICSBURG, PA 17050 by handing to
JENNIE LININGER
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Additional Comments
6897 WERTZVILLE ROAD ENOLA IS VACANT.
Sheriff's Costs:
Docketing 6.00
Service 8.14
Affidavit .00
Surcharge 10.00
.00
24.14
Sworn and Subscribed to before
me this day of
2pa7 A.D,
L ,
P o honotary
So Answers:
R. Thomas Kline
05/20/2005
MCCABE WEISBERG NWAY
By: 4j
Deputy Sheriff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE
Identification Number 16496
First Union Building
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215) 790-1010
Mortgage Electronic Registration
Systems, Inc.
Attorney for Plaintiff
Cumberland County
Court of Common Pleas
V.
Paul K. Lininger
and
Jennie M. Lininger Number 05-2274 Civil Term
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter discontinued and
ended, without prejudice, upon payment of your costs only.
TERRENCE cCABE, ESQUIRE
Attorney for Plaintiff
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RICHARD A. STEIN,
Plaintiff/Respondent
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 05-2774 CIVIL TERM
DIANE B. STEIN, IN DIVORCE
Defendant/Petitioner
PACSES Case No: 147108326
ORDER OF COURT
AND NOW, this 11th day of September 2008, based upon the Court's determination that the
Petitioner's monthly net income/earning capacity is $ n/a and the Respondent's monthly net
income/earning capacity is $ n/a, it is hereby ordered that the Respondent pay to the Pennsylvania
State Collection and Disbursement Unit Three Hundred Ten and 00/100 Dollars ($ 310.00) per month
payable bi-weekly as follows: $ 310.00 per month for Alimony Pendente Lite and $ 0.00 per month on
arrears. First payment due: in accordance with Respondent's pay schedule in the amount of $143.08
bi-weekly. The effective date of the order is August 8, 2008.
Arrears set at $ 66.85 as of September 11, 2008.
Failure to make each payment on time and in full will cause all arrears to become subject to
immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court
finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare
the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order,
including, but not limited to, commitment of the Respondent to prison for a period not to exceed six
months.
Said money to be turned over by the PA SCDU to: Diane B. Stein. Payments must be made
by check or money order. All checks and money orders must be made payable to PA SCDU and
mailed to:
PA SCDU
P.O. Box 69110
Harrisburg, PA 17106-9110
Payments must include the Respondent's name with their PACSES Member Number or
Social Security Number in order to be processed. Do not send cash by mail.
cc360
The monthly obligation includes cash medical obligation in the amount of $250 annually for
unreimbursed medical expenses incurred for the spouse. Unreimbursed medical expenses of the
oblige that exceed $250 annually shall be allocated between the parties. The party seeking allocation
of unreimbursed medical expenses must provide documentation of expenses to the other party no
later than March 31" of the year following the calendar year in which the final medical bill to be
allocated was received. The unreimbursed medical expenses are to be paid as follows: 0% by the
Respondent and 100% by the Petitioner. [X] Respondent [] Petitioner [] Neither party to provide
medical insurance coverage. Within thirty (30) days after the entry of this order, the [] Petitioner
[X] Respondent shall submit to the other party written proof that medical insurance coverage has
been obtained or that application for coverage has been made. Proof of coverage shall consist, at a
minimum, of: 1) the name of the health care coverage provider(s); 2) any applicable identification
numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a
description of any restrictions on usage, such as prior approval for hospital admissions, and the
manner of obtaining approval; 6) a copy o the benefits booklet or coverage contract; 7) a description
of all deductibles and co-payments; and 8) five copies of any claim forms.
This order is based upom an agreement of the parties and considers that the Respondent has
the care and custody of the parties' son. Therefore, the APL obligation is offset by the Petitioner's
obligation for child support.
The parties further agree that any unreimbursed medical expenses for their son that exceed
$250.00 per calendar year will be split proportionately. Petitioner will be responsible for 37% and the
Respondent will be responsible for 63%.
This Order shall become final twenty (20) after the mailing of the notice of the entry of the
Order to the parties unless either party files a written demand with the Prothonotary for a hearing de
novo before the Court.
Consented:
Petitioner
Respondent
Petitioner's Attorney
Respondent's Attorney
Mailed copies on: September 11. 2008
to: Petitioner BY THE COURT,
Respondent
John J. Connelly, Jr., Esq.
Samuel L. Andes, Esq.
;5:-- ' X4
Ke A. Hess, J.
DRO: R.J. Shadday
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