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Home My WebLink About01-5079MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chesmut Streets Philadelphia, PA 19110 (215) 923-2225 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff VS. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant(s) No.: (~1 CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 717 249 3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chesmut Streets Philadelphia, PA 19110 (215) 923-2225 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 Plaintiff VS. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 AND LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT 1. Union Planters Bank, N. A. (hereinafter referred to as "Plaintiff') is a mortgage corporation, conducting business under the laws of the Commonwealth of Pennsylvania and brings this action to foreclose in the Mortgage executed between Mark N. Kavish and Lisa A. Kavish, mortgagors hereinafter referred to as "Defendants" and GMAC Mortgage Corporation of PA. Said Mortgage is dated April 24, 1992 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County, Pennsylvania on April 29, 1992 in Mortgage Book 1063, page 531. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit 2. Said Mortgage was subsequently assigned as follows: a. to Leader Federal Bank for Savings, recorded on August 8, 1994 in Book 480, page 584. Plaintiff is proper party by way of an Assignment to be recorded. 3. The Mortgage secures Defendants' Note dated April 24, 1992 in the mount of $76,600.00 payable to Plaintiff in monthly installments with an interest rate of 7.500%. A copy of the Note is attached hereto and made a part hereof as Exhibit "B". 4. The land subject to the mortgage is: 22 East Simpson Ferry Road, Mechanicsburg, PA 17055. A copy of the legal description is attached hereto and incorporated by reference. 6. The Defendant(s), Mark and Lisa Kavish are the Real Owners of the land subject to the mortgage. The Defendant(s) mailing address is 22 East Simpson Ferry Road, Mechanicsburg, PA 17055. 7. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. The following amounts are due: Principal Balance Interest Calculated to August 17, 2001 Attorney Fees Total $ 66,631.42 $ 1,870.05 $ 3,331.57 $ 71,833.04 plus interest from 08/18/01 at $13.65 per day, costs of suit and attorney fees. The Defendants have not cured the default. WItEREFORE, Plaintiff requests the court enter Judgment in Mortgage Foreclosure for the sale of the mortgage property in Plaintiff's favor and against the Defendants, in the sum of $71,833.04 together with interest from 08/18/01 at $13.65 per day, costs of suit and attorney fees. MATTLEMAN, WEINROTH & MILLER Sharon Oras Morgan, ]~re #60068 948/57387 EXHIBIT "A" p!:C;OR['r..O-OFFICE c:--. '~,,~- n, ',~:P, LAN/. GOUHTY-.?A. LOAN NO : 1-578440-22 Commonwealth of Pennsylvania ]Space Above This Line For Recording Data] MORTGAGE THIS MORTGAGE ("Security Instrument") is given on The Mortgagor is MARK N. KAVISH APRIL I FHA Case No. 441-440543-0 729 ) 1992 whose addressis 22 EAST SIMPSON STREET MECHANICSBURG , PA 17055 , ("Borrower"). This Security Instrument is given to GMAC MORTGAGE CORPORATION OF PA which is organized and existing under the laws of PENNSYLVANIA , and whose address is 8360 OLD YORK ROAD ELKINS PARK) PA 1 911 7-1 590 ("Lender"). Borrower owes Lender the principal sum of SEVENTY-SlX THOUSAND SIX HUNDRED AND 00/100 ****************************************** Dollars (U.S. $ 76,600.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MAY 01~ 2022 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CUMBERLAND Cotinty, Pennsylvania: ACCORDING TO SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF which has the address of Pennsylvania 1 705 5 22 EAST SIMPSON STREET MECHANICSBURG [zlp Codcl, ("Property Address"); [Street, City], TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and ga~ rights and profits, water rights and stock and all 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, excep! for encumb~'ances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. 1. Payment of Principal,. Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payments of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, an installment of any (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or grotmd routs onqhe Properly. aud (c) premiums for insurance required by paragraph 4. u! pap,,~oJci Jap Jo at[l ul, pallddl,,, sluno,,,e luanbullap, ,(ue al ~sJlj 'luatun23su1. jo uo~lanpa~ aql o~ sp333oJd qans ~ldde lleqS ~apu~ '3ua~nJl~U[ ss3upa~qapu~ aql JO mnom~ llnj aq3 jo malxa aq3 al Japua~ o1 p~d a~ Ileqs pue aau~a~uo3 ~oj ~o '~3~ado~d aq~ jo ~ed ~ue JO ~u~m ~aq)o ~o uo~l~um~puo3 'sa~emep Joj m~e[3 Jo pJ~ ~u~ jo sp~a3oJd aq~ 'uoll~um~p~ 'L '~lqe~ed pue 0rip Xl~le~p~mm~ ~q ii~qs 'J~pu~ jo ~q~ moJj )saJ~lu~ Jeoq ileqs saunome 3s~q~ 'au~mmlSUl ~l~jn33S ~q~ ~q ~mo3~q eqs qdeJflm~d s~q3 ~pun ~pu~ ~q p~smqs~p s~unome Xuv '~ qdeJ~eJ~d u[ pouo~lu~m sm3~[ ~qao pue ~aumnsu[ pJ~z~q 'sax~l jo pu~ ~)JadoJd ~ql jo ~nle~ ~q~ 13~]oJd al ~Jess~3~u s~ Jaa~aeq~ Xed pue ap ~o uo~eum~puo3 Joj '~31dnJ~u~q u~ ~u~po330Jd e se'qans) ~J~doJd ~q~ u~ ~u[p~ooJd [e~l es[ ~Joq~ Jo ')uomnJasuI ~][jnaos s~ql u. p~u~eauo3 slu~m~j~e pue ~q paJmb~J, slu~m~ed ~q~ Jo sm~m~ed ~s~ql'~em o1 slmj. 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'luamn~;suI ~;~naa~ s~q; u~ pasn sV 'anp samo~aq ma;~ aq; alep aqi aJojaq Jo ua Japua~ al &ed iI~qs Ja~oJJoB uaql 'onp uaq~ mai~ aq: Aed o} lua~a~jjnsm s~ ~tI) jo lelO; aq; Jl 'Ja~oJJOH jo uo~ldo ~q} ;e 'Ja~oJJoH ~q ]a~o ssaaxa aq; l~paj3 Jo sluam~ed pa;em~ls~ aq; jo q;x~s-auo JaAO ssaaxa ~q} ua s;uam~ed j~ pue '~np uaq~ sma;~ qans ~d o; paJ~nba] sluam~ed jo 'sma;~ qans jo sa:up anp aq: o] mud ~apua~ al aiq~ed Smal~ qans mj s(e) sm~;~ Joj JapUa~ Xq piaq sm~m~d aq; jo lelOl gq1 ~1 &ue le JI small,ed o] ;snJ} u. pa;~OllOa smnome aqi ploq ileqs ~apua~ 'manbu~lap mq;~ ~pua~ ~ paielnmn~ae ~q ii~qs mall qaea Joj rename lenuue ilnj ~U~leq [euo~;}ppe ue u~mu}em al ma~aujns rename u~ Snld '~apua~ ~q qUla~-auo [enba [leqS (a) pu~ '(q) '(e) smal~ Joj ;Uaml[e}su~ ~[q;uom A {' ': -,,;,',n of the nroceeds to 't~e principal shall no[ exlend or p~slpo, ne~hf,c~: ~iatfi. of lhe~onlbly payments,.w~i~h arc referrea to m Paragraph 2 or change ,he am?t~t. ~ suc~,, p~y~.~:~, ~a~Y6~ t; ,be e~,~ega v entitled thereto 8, Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceler~lion of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security lnslrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the uext monthly payment, or (ii) Borrower defaults b~ failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. ~nder shall, if permitted by appli~ble law and with the prior approval of the S~retary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherw~e transferred (other than by devise or decent) by the Borrower, and (ii) The Pro~rty is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requiremen~ of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its righls with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights in the case of payment defaults ~o require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acdeleration or foreclosure if not permitted by regulations bf the Secretary. (e) Moflgage Not Insured. Borrower agrees that should this Security Instrument and the Note secured thereby not ~ eligible for insurance under the National Housing Act within sixty (60) days from the date hereof, Lender may, at i~ option and notwithstanding anything in Paragraph 9, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dat~ subsequent to sixty (60) days from the date hereof, declining to insure this Security Instrument and the Note secured thereby, shall be deemed ~nclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the S~retary. 10. Reinslalement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due ~ nder thc Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To,reinstate the Security instrument, Borrower shall tender n a lump sum all amounts required to bring Borrower's account current inclnding, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrnment and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. E~tension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower sba not operate to release the liability of the or g nal Borrower or Borrower's successor in interest. L~nder shall not be required ~o commence proceedings against any successor iu merest or refuse to extend time for payment or otherwise mod fy amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender iu exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9.b. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any a~omm~ations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any' address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given ~o Borrower or Lender when given as provided in this paragraph. 14 .Governing Law; SeverabiIBy. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect olher provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. , 15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument. 16, Assignmenl of Rents, Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender.or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional sgcurity only. If Lender gives notice.of breach to Borrower: (a) all rents received by Borrower.shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 16. Lender shall not be required to enter upon, take control of or maintaio the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. lOf;3.5'33 ~66 ! ' 'leas lg!3!.tjo pu~ pu~q ,{m las oluno.~aq I '~O';J)~IH,,% SS3NJ, I/% NI 'pou!g~uo3 u}a.~aq sosodJnd aql .soj ames aql Dolnoaxa 3tt l~ql pagpa *~oml3~ pu~ luammlsm u!qlp* oql ol poq!~sqns :ql aq ol (u~/`oid ,(l.UOlOq~!lm ~o) ~tu ol u~oml s z (s)omeu ~oq~a (s)uos~ad 'aa3Ujo paug!s~opun aql 'am aiojoq ' ~66I :ss `(luna0 ~IMdV jo f~p NIHdflV(/ HSIAV)i 'N I~iVN pa~eadd~ ~(lleuosaad aql 's!ql u0 'VINVA"IASNN:i{d dO H,L'IV3..~ANOI,~INO0 · ~e~o~Joa- ~ (leOS) _ (,fj!aads) aaq~0 [~ aaP{M luam`(ed palenpeao [--] .mp{M luamdolaaaCI ~!ufl pauueld aap!~ `(l!nb~t 8u!~oJD {~] JoP!M ale~l alqelsn.fpv ~] aap!~I mn!u!mopuoo [(sa)xoq alqeo!ldde ~{3aq:)] 'luatunalsu! `(l!an3ag s!ql .Ia laed e u! a./a~ ($)aap!a aql al! se luatunalsu! ,~l!anoaS s!ql jo sluamaa.~e pue slueuat, oo aql mamalddns pue puame l!eqs pue alu! paleaodJoau! aq lleqs aap!a qons qaea Jo slueua,~oo aql 'luatunalsu! `(l!Jn3a,q s!ql qlp* Jaqla~ol papaooaa pue Jaja.I JOt{ iq palnoaxa aae sJap!l aJoul 4o auo all 'luamnqsul tllanaatt qql o! saapllt · alan aql aapun am!l o1 am!l moil alqm~ed ale~ aq; acI lleqs amSOlaaao ue u! aa aloN aql ua pa~alUa 9! luatu~pn.f e ~alje alqe`(Bd alea Dsaaalu! aql leql saa~ge aatt, o~ao8 'luamSpn£ 'a~B~laom `(auoua aSml3and e aq lleqs Duamn~Dsul aql oD alD!D aa!nboB o} aa~o~aol{ o1 DuaI s! DuatunaDsuI `(DFnaaS s!ql ,(q paanaos lqap aqD jo `(uB all 'aaeglao~! 3uatumlsuI `(Dpn3as s!qD oD luens~nd alBs aaqlo aa ales s,,u!aaqs B lB ~u!pp!q jo }uatuaauatutuo3 aql oD aa.ed anoq auo ol puaDxa ileqs OI qdea~Baed u! pap!/`oad alelsu!aa al am!l s,aa,v, oaaoa .polaad luamalelsu!a~l · UO!ldtuaxa peaDsatuoq pUB 'aleS pue ,{/,aI quatuq3u1;e tuoaj uo!ldmaxa 'atuN jo uo!sua;xa 'uo!ln3axa jo ,(els aoj :~u!p!/`oad s~BI amlnj aa luasa~d ,(uB jo }Uauaq aql s'af!e~ ,(qaaaq'pue 'DuatunJlsu1 aoaojua oD ~u!paaooJd u! sDaajap Jo aoaaa ,(ue sammlaa puc saA!em 't~B1 alqea!ldde ,(q palD!tuaad DUalXa aqD o1 'aa~o~o8 'saatqe.aA '6I · saso3 uo!lepaoaaa ,(ue `(ed llBqS ~a~o~ao8 uat~o.uo~ oD aaaeq3 lnoqD!~ DuatumlsuI `(D!maaS s!q~ `(Js!les pue a~aBqas!p ileqs aapuw1 'aauaaan33o qans lleqs pa`(at, uo3 allrlsa aql pue luatun~DsuI Kl!an3aS s!ql huatunalsuI ,{l!JnaaS s!ql ,(q pamaas stuns iie alo lUatU`(~d uodfl 'as~alaH '8I · ateI alq~alldde `(q pa~l!maad Dualxa aql al aauapv, a all!l alo Blsoa pue saaal ,$,(auaol!m 'oD pal!mU lou Dnq 'au!pnpu! 'ii qdea~eaed s!ql u! paplAoad sa!pa naa aql 3u!nsand u! pa.unau! sasuadxa iie laalloa al pallllua aq Ileqs aapua,] .au!paaaoad lelalpnf ,(q DuamnalsuI Z#anaag qql asolaaaoal .(em aapua1 '6 qdea~eaed aapun ilnJ u! luam~ed alqpamm! saa!nbaa aapua,-1 .ti 'aanpaaOad aJn~olaaao*l '/.,I g~-O~7e/~lcj-1 : ON urea-l LOAN #: 1-578440-22 FHA Case No.441-440543-0 729 ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this ~ ~r~ day of APRIL t 1992 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") to GMAC MORTGAGE CORPORATION OF PA (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 22 EAST SIMPSON STREET ~ MECHANICSBURG ~ PA 17055 (Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND TRE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: 1. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of JULY , 19 93 , and on that day of each succeeding year. "Change Date" means each date on which the interest rate could change. (B) The Index Beginning with the first Change Date, the interest rate ~t~l be based on an Index. "Index" means the weekly average yield on United~ States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the most recent Index figure available 30 days before the Change Date. If the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph 7(B) of the Note). Lender will give Borrower notice of the new Index. (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margintof TWO AND 50/100 percentage points ( 2.500 %) to the Current Index and rounding the sum to the nearest one-eighth of one point (0.125%). Subject to the limits stated in Paragraph 5(D) of the rounded amount will be the new interest rate until the next Change percentage Note, this Date. (D) Limits on Interest Rate Changes The interest rate will never increase or decrease by more than one percentage point (1.0%) on any single Change Date. The interest ~ate will never be more than five percentage points (5.0%) higher or lower than the initial interest rate stated in Paragraph 2 of the Note. (E) Calculation of Payment Change If the interest rate changes on a Change Date, Lender will calculate the amount of monthly payment of principal and interest which would be necessary to repay the unpaid principal balance in full at the maturity date at the new interest rate through substantially equal payments. In making such calculation, Lender will use the unpaid principal balance which would be owed on the Change Date if there, had been no default in payment on the Note, reduced by the amount of any prepayments to principal. The result of this calculation will be the amount of the new monthly payment of principal and interest. FHA MULTISTATE ADJUSTABLE RATE RIDER 2/91 FMU~ARM-R '1/2 Rev. 4/91 535 Page 1 of 2 ~a~o~o~ (~ws) ~9~0~0~ 19~0~30~ (qV3S) PENNSYLVANIA COUNT~( CUMBERLAND BOROUGH LOAN ,O . '202'94" POOL NO. 814498 MECHANICSBURG Ru,~._k, .. ZIE/;LER RECORDER OF DEEDS ASSIGNMENT OF MORTGA I BERLAN COUNTY- 'gqJ UI]23 10,N1 KNOW ALL MEN BY THESE PRESENTS, that GMAC MORTGAGE CORPORATION OFPA located at B3600LDYORKROAD. ELKINSPARK. PA 19117 hereinafter referred to as Assignor, ~or and in consideration of the sum of ONE DOLLAR ($1.00) lawful money of the United States of America, together with other good and valuable consideration, to it in hand paid by LEADER .FEDERAL RANK FOR ~AVIN~. A FEDERALLY CHARTERED ~AVING~ RANK located at 15RMADISONAVENU;~ MEMPHIS~ TN38103 hereinafter referred to as Assignee· at or before the delivery of these presents, the receipt of which is hereby acknowledged, has granted, bargained, sold· assigned· transferred· conveyed and set over unto said Assignee· its successors and assigns, all of its right, title and interest in and to that certain Mortgage dated the 2ath day of APRIL , ___/~q~_made and executed by MARK N. KAVISH · Mortgagor, to GMAC MORTGAGE CORPORATION OF PA · Mortgagee, covering premises situated in the County of ~__· Commonwealth of Pennsylvania, more particularly described therein and commonly known as.' BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 Said Mortgage was duly recorded on the~day of APRIL , 19 92 in the office of the Register· Clerk of Recorder of Deeds of ~UMBERLAN~ County, in Book 1063 at Page ~21 or Document No. or with Pin ¢ 17-23-0565-065 of the Official Records of said Register, Clerk of Recorder of Deeds; together with that certain Note of even date and secured ($~ .) made and executed by mortgagor and payable to the order of the aforementioned Mortgage. TO HAVE AND TO MOLD the same unto said Assignee· its successors and assigns to its and their proper use and benefit forever. IN WITNESS WHEREOF, the said GMAC MORTGAGE CORPORATION OF PA ,' has caused these presents to be duly executed by its proper officer this 19th day of AU(~UST 1994 but made effective NOVEMBER 1~ 1993 · · ,,,'..~ COgp % .~ ,-'~ .......... O^ ". e'i%."~O~.'.~% G~C MORTGAGE CO.OPTION OF PA ~ ~ ~/ ~ ~ ~'.: O- ~,_ ~%CO~NI~ MORTGAGE S~VICE CO~Y C~RL GERSTENBERG ~qY¢~. 1968 ..,~ ..'~E HEBB ' aRRIRTANT SECRETAR~ %,.+~':?S~t~t.%-.,~ VICE PRESIDENT STATE 0F MARY~ND "~"-m,,,,,,"m~ GOUNTY 0F FREDERICK On this, the lgth day of AUGUST 1994 , before me, JANE EYLER , the undersigned officer personally appeared MAE HEBB and CARL GERSTENBERG who acknowledged themselves to be the VICE PRESIDENT and ASSISTANT SECRETARY of GMAC MORTGAGE CORPORATION OF PA and that as such MAE HEBB [ and CARL GERSTENBERG , being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by themselves as VICE PRESIDENT and ASSISTANT SECRETARY ' ,,,.'" ........ ,,,'?,'~ E ,,'_%, In witness whereof, [ hereto set my hand and official seal. JANE E, E OMM,SS,ON'EX*. 0 ,,7,97 .............. V ............. i ...................................................................... The assignor hereby certif~est ASSIGNMENT OF MORTGAGE LEADER FEDERAL BANK FOR SAVINGS BETWEEN: G~AC ~ORrGAGE CORPORATION OF Precise residence is: 158 MADISON AVENUE~ MEMPHIS, TN 38~03 AND LEADER FEDERAL BANK FOR SAVINGS VIC! PRgalDIlNT MAIL TO: ONTRAK ASSIGNMENT SERVICE P.O. BOX 3829 FREDERICK, MD. 21705-3829 I ~.: o[ Pen~lsylvania ? r?./ Of Cumberland J ~, ~'~.~ d i~ tl~e office for the recording of Dee~ ~Z ~ok~VoL ,, Pa~ my hand an~al of O"iC~... _~ ~ '" ENNSYLVANIA ' COUNTY CUMBERLAND LOAN NO. 220229462 POOL NO. 814498 ~ . i~ORO~IJ/~jH MECHANICSBURG ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS, that located at 1.5R MADISON AVENUE. MEMPHIS. TN 3R103 hereinafter referred to as Assignor, ~or and in c~nsideration of the sum of ONE DOLLAR (SHOO) lawful money of tl,e United States of America, together with other good and valuable consideration, to it in hand paid by GOVERNMENT NATIDNAL MORTGAGE A~.O~I~tTION. A WHOLLY OWNED CORPOR"~TE INSTRUMENTALITY OF THE UNITED ~;TATE.~ located at 4~1 7TH STREET SW. ROOM 6100. WASHINGTON. D.C. 20410-9000 hereinafter referred to as Assignee', at or befor~ the delivery o~ these presents, the receipt of which is hereby acknowledged, has granted, baKgained, sold, assigned, transferred, conveyed and set over unto said Assignee, its successors and assigns, all of its right, title and interest in and to that certain Mortgage dated the 24m day of APRIL _~.~made and executed by MARK N. KAVlSH , Mortgagor, to GMAC MORTGAGE CORPORATION OF PA , Mortgagee, covering premises situated in the County of ~__, Con~nonwealth of Pennsylvania, more particularly described therein and commonly known as: BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 Said Mortgage was duly recorded on the ~ day of APRIL , 19 ~ in the office of the Register, Clerk of Recorder of Deeds of CUMBERL4ND County, in Book at Page 531 or Document No. or with Pin ~ 17.~3-0565-065 of the Official Records of said Register, Clerk of Recorder of Deeds; together with that certain Note of even date and secured thereby in the principal amount of .t(EVFNTY.RtX THOU.~AN~ ~1)~ I~UN~RE~ mhd NO/leO ..... ($ 7firfiO0.~O ) made and executed by mortgagor and payable to the order of the aforementioned Mortgage. TO HAVE AMD TO HOLD the same unto said Assignee, its successors and assigns to its and their proper use and benefit forever. IN WITNESS WHEREOF, the said LEADER FEDERAL BANK FOR SAVINGS has caused these presents to be duly executed by its proper officer this but made effective NOVEMBER B-~ STENHOUSE ASSISTANT VICE PRESIDENT BY F~~~)R SAVINGS ROBERT B. ADAMS VICE PRESIDENT STATE OF TENNESSEE COUNTY OF SHELBY On this, the __ day of , before me, MARY WHEELER , the undersigned officer personally appeaqred ROBERT B. ADAMS and BONNIE STENHOUSE who acknowledged themselves to be the VICE PRESIDENT and ASSISTANT~VICE PRESIDENT of LEADER ~=EDERAL BANK FOR SAVINGS and that as such ROBERT B. ADAMS ~..,~a~ ., being authorized to do so, executed the foregoing instrument for the~~ ~n~ined by signing the name of the corporation by themselves as VICE PRESIDENT [ '~'/' NTt~ SS ~ ICEPRESIDENT ---- " .. In witness whereof, I hereto set my hand an~offi~ial AT MARY W~gLER rCOMMISSION EXP. 11~~~ .............. ............... .................................................. The assignor hereby certifiesi ASSIGNMENT OF MORTGAGE GOVERNMENT NATIONAL MORTGAGE. ASSOCIATION BETWEEN: LEADER FEDERAL~BANK FOR SAVINGS Precise residence is: 451 TTH STREET SW~ ROOM 6100~ WASHINGTON~ D.C. 20410-9000 AND GOVERNMENT NATIONAL MORTGAGE ASSOCIATION MAIL TO: LEADER FEDERAL BANK FOR SAVINGS 158 MADISON AVENUE MEMPHIS, TN 38103 ROBERT g. ADAMS ~11~1= pR~=~ir)FNT EXHIBIT "B" AD3USTABLE RATE NOTE MULTISTATE FHA Case No. 441-440543-0 "7~ LOAN NO. 1-578440-22 APRIL DY , 19 92 22 EAST SIMPSON STREET , MECHANICSBURG , PA 17055 (Property Address) 1. PARTIES "Borrower"means each person signing at the time of this Note, and the person's successors and assigns. "Lender" means GMAC MORTGAGE CORPORATION OF PA and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of SEVENTY-SIX ~HOUSAND SIX HUNDRED AND 00/100 ********************************** Dollars (U.S. $ 76~600.00 ), plus interest, to the order of~Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at a rate ofSEVEN AND 50/100 percent ( 7.500 %) per year. The interest rate may change in acc~ordance with Paragraph 5(C) of this Note. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if borrower defaults under this Note. 4, MANNER OF PAYMENT (A) Time' Borrower shall make ~ payment of principal and interest to Lender on the first day of each month beginning on 3UNE 01 i 1992 Any principal and interest remaining on the first day of MAY , 2022 , will be due on that date, which is called the maturity date. (B) Place Payment shall be made at 8360 OLD YORK ROAD ELKIN~ PARK, PA 19117-1590 or at such other place as Lender may designate in writing by notice to Borrower. (c) Amount Initially, each monthly payment of principal and interest will be in the amount of $ 535.60 This amount will be part of a larger monthly payment required by the Security Instrument that shall be applied to principal, interest and other items in the order described in the Security Instrument. This amount may change in accordance with Paragraph 5(E) of this Note. INTEREST HATE AND MONTHLY PAYMENT CHANGES (A) Change Date The interest rate may change on the first day of JULY , 1993 , and on that day of each succeeding year. "Change Date*' means each date on which the interest rate could change. (B) The Index Beginning with the first Change Date, the interest rate will be based on an Index. "Index~ means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, as made available by the Federal Reserve Board. "Current Index" means the moBt recent Index figure available 30 days before the Change Date. If the Index ~as3defined'ahove) is no longer available, Lender will use as a new Index any index prescribedby the Secretary (as defined in Paragraph 7(B)). Lender will give Borrower notice of the' new Index. FHA MULTISTATE ADJUSTABLE RATE NOTE 2/91' FMU-ARM-N 1/3 Rev.4/91 Page 1 of 3 · aau~Isop ~aq as stq as ~uomdolonap u~qafl puu ~ulsnoH 3o ~a~3aaoaS aq~ suaam' ,,~av~aaooS. 'a~oN s!q7 uI pasnsv 'suot~Intaa fifth iq pa~7$maad 7au uaqa uot~aalavov ozlaoq~nv ~ou soap aToN slq& '7Ine3ap ~uanbasqns ~uv 3o auaaa aq~ ut $~I ~utatea ~noq~ta uol~do slq~ ost~ox~ o~ ~ou asoog~ i~ ~apuaq '~saaa~ut s~u~va ~npas~ ao~ ~a~g9 ~ (~) uT as aloqa uT 'oToN stq2 Xq pevuoptna 2qop ag2 Xed o2 2q~la aq2 sag aa~oa~o~ uan2ea sag puemap eqa aAoieq pau~TsSe aslazsq2o sT a2oN alq2 gl usaa alqeuglss puemap uo 2soao2uI q~la QuomXed ssevxa Xue uan~aa o2 uol2egTIqo s,z~pua'I 'Iedloulad So 2senboa (ti) as (aoi2ou Xiamt~ e ut pa2e~s uaaq aaeq pInoqs qolqa o~ea 2se~a2uI oq~ o~ · au~2ou pa~nba~ ag2 ua*{~ sag ~apuaq ~a~e sXep UZ ueq~ ssaI ~u]~anuuo a~ep 2ua~d Xue ao~ o~oN sIgq ~o (3)~ qdea~e~e~ q~Ia aou~p~ouue u] pa~elnoI~O ~uno~e KIqquom oq2 u~ asea2vut Xue Xed oq uo~2e~tIqo au aAeq iieqs aaaoaao~ 'a~oN s~q2 (~)~ qdea~eae8 Xq pa2~nbaa sa~ueq~ go a~i~ou aq~ aaaoaao~ uaa~ s~q aapuaq 2a~ge sKep gE 2seai 2e Sahara qotqa a2ep 2ua~ed ~satg aq2 us ~utuut~aq ~uno~ Kiq2uoa aau u~ quaked e a~m iieqs aoaoa~o~ 'a2eQ a~ueqD aqq us aa~2oagga amooaq ii~a a~oN s~q~ a~o ~u~ (ilia) pue 'Tunoa~ ~u~vd XI~uo~ ul ~u~ a~ ~ul~lnoi~ ~o po~m ~u ~q~ (a) '~ ~s~a~uI a~u ~ (hi) '~7 ~s~a~ul plo ~7 (~) '~vfl ~u~ ~u ~ ~ao~q s~p ~ ~s~I ~ u~al~ ~q ~sna ~l~ou ~ '~unomv ~u~d puv ~ ~s~a~ul ~7 ul ~u~ ~u~ ~o 7~oa7o~ o~ ~17ou ~a$~ I~ a~pu~ · 3sa~o~u~ pue iedloulTd ~o ~ua~ed ~iqquom ~au oqq ~o ~unome a~q aq ii~ Uol~vlnoleo sl~ ~o ~lnsaa a~ 'ledlaulad o~ saua~edaTd ~ue ~o ~unome aqa ~q paonpa2 'a~o~ aq~ us ~uo~ed us ~lne~op au uoaq peq osaka ~$ o~eg o~uv~D aqa us po~o oq plno~ qo$q~ aouelvq i~dl~uITd pledun aq~ asa ~ 7apua~ 'uol~elnolvo qons ~ul~em uI 's~ua~ed lenba ~ii~lque~sqns q~noTq~ a~ea ~saTaqul ~au aqa ~e a~ep ~tan~vm aq~ ~ lln~ ul aoueleq lvdloulad pledun a~ ~edaa oq ~aessooou aq plnoa ~olqa ~saaa~u$ pu~ lvdloulad ~o ~ua~ed ~i~uo~ ~unome oq~ a~elnole9 ilia aapuo~ 'o~eQ a~ueq~ v us so,usus a~ea ~saao~ut ~ueq~ ~ua~e~ ~o uolaelnole0 (~) · a~oN sTq~ ~o uI pa2e2s a2va qsaaaqu$ IeT2lul oq2 ueqq saraI ~o aaqglq (%0'g) s2ulod an]g ueqa a2om aq aanau ilia o~ea asaaaqu~ a~ 'a~efl a~u.~ aleuts ~ue us (%0'I) ~ulod a~ua~aad auo ueq~ o~om Kq aseaa~ap 2o aseaaouT laaau Ilia a2~ ~aaa~u] se~ue~ a~e~ ~saaa~uI uo sa]mt~ (~) · a~eG a~ue~ ~xau oq~ II,un a~eI asaaa~uI ~au aq~ aq Ilia 2unome papunoa stqq 'a2oN slq2 go (G)g qdea~eav~ ut pa2e2s sqlmli aqq o2 ~oa[qn$ '(%~gI'O) 2u$od a~e2ua~aad auo go q2q~a-auo ~ssaeau ag2 o~ ~s aq2 ~uipunoa pus xapuI ~uaaanD aq~ o7 (% OOg'E ) saulod a~eauaoaad 00I/0{ aNY O~ ~ ~u~ppv Xq oqea ~saaa~uT sou e aqelnoleo ii]a aopua~ 'a~eG a~ueqD goes (¢) p, e t of costs and Expenses If Lender has required immediate payment in full, as descrtb~ed, abo~. attorney's fees for enforcing this Note. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 8. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 9. GIVING OF NOTICES ~ ' Unless applicable law requires a different method, any notice that must be gi%en to Borrower under this Note will be given by delivering it or by mailing it by'first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address, if Borrower is given a notice of that different address. 10. OBLIGATION OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. ~ BY SIGNING BELOW, contained in this Note. Borrower accepts and agrees to the terms and covenants M A (Sm L) Borrower (S L) Borrower (SE L) Borrower FHA MULTISTATE ADJUSTABLE RATE NOTE 2/91 FMU-ARM-N 3/3 Rev. 4/91 Pa~e 3 of 3 PAY TO THE OP, DEH OF I-~bert ~3. AdarTts ' Vice Prisident MATTLEMAN, WEINROTH & MILLER BY: SI-IARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 UNION PLANTERS BANK, N.A. 948/57387 COURT OF COMMON PLEAS 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 Plaintiff CUMBERLAND COUNTY VS. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 AND LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant(s) TO '1 ]vIE PROTHONOTARY: No.:. 01- .5079 Praecipe to Reinstate Complaint in Mortgage Foreclosure Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. Sharon Oras 19lo~-g~m, Esq~ Attorney ID No. 60068 MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID No. 60068 2226 Land Title Building 100 South Broad S~'eet Philadelphia, PA 19110 Attorneys for Plaintiff File: 948/57387 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 AND No.~ 01-5079 LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant Pmecipe to Reinstate Complaint In Mortgage Foreclosure TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure on the above captioned matter. SHARbl~ ORAS 19lORd//dN-, ~/SQUIRE Attorney ID No. 60068 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2001-05079 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNION PLANTERS BANK NA VS KAVISH MARK N ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KAVISH LISA A but was unable to locate Her deputized the sheriff of CAMBRIA in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On April 10th , 2002 , this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing Out of County Surcharge 6.00 .00 10.00 .00 .00 16.00 04/10/2002 So answer~-- ~// R.~- T~omas Kline Sheriff of Cumberland County MATTLEMAN WEINROTH MILLER Sworn and subscribed to before me this /6 ~ day of ~jf~ ~ A.D. t / Prothono't ~ SHERIFF'S RETURN - OUT OF COUNTY ~ASW, NO: 2001-05079 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND UNION PLANTERS BANK NA VS KAVISH MARK N ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KAVISH MARK N but was unable to locate Him deputized the sheriff of CAMBRIA in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On April 10th , 2002 , this office was in receipt of the attached return from CAMBRIA Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Cambria County 78.75 .00 115.75 04/10/2002 So answe . - .... /~ R< ~homas Kl~e Sheriff of Cumberland County MATTLEMAN WEINROTH MILLER Sworn and subscribed to before me this /~ day of ~L~ / A.D. ~rotho~ot~r~ in The Court of Common Pleas of Cumberland County, Pennsylvania Union Planters Bank VS. Mark N. Kavish et al SERVE: sa~e N0. 01 5079 civil Now, October 17, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, fiJOJ. /b ,20.O/ ,at q.'9/(.)o'clock/~ by h~ding to and made known to copy of the original M. served the the contents thereof. So answers, Sworn and subscribed before me thi,s ~_7__ day of /LID t,/ , 20 O/ Sheriff of COSTS SERVICE MILEAGE AFFIDAVIT County, PA qg In The Court of Common Pleas of Cumberland County, Pennsylvania Union Planters Bank VS. Mark N. Kavish et al SERVE: Lisa A. Kavish N0. 01 5079 civil }NOW, October 17, 2001 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Cambria County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA /XJOW, within upon at by handing to a 4r~ct-~ and made known to /b/oV. /& / 64mSr, a Affidavit of Service ,20_o/, at ~.' ~o'o~ock Swo..r~ and subscribed b~ore ?e~s~da~of .'-y,//~.. ,20 ~/ d/ ;~M. served the copy of the original the contents thereof. So answers, Sheriff of COSTS /'/oz''. 7~" SERVICE MILEAGE AFFDAVIT ~.O0 County, PA 7¢ 7~'- B~ I~1.~ r MAIILEMA~ W~INKUIH MILL~K Suz~nn Lehmier Solicitor C'F. RT/F~ THAT l ,aM A~ TO DO SO). TOTPI. p. 0~. MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney I.D. No.: 46450 Land Title Building - Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff UNION PLANTERS BANK, NA File No.: 948.57387 COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. MARK N. KAVISH and LISA A. KAVISH Defendants TO THE PROTHONOTARY: NO.: 2001-5079 PRAECIPE TO ENTER DEFAULT JUDGMENT Kindly enter Default Judgment in favor of Plaintiff, Union Planters Bank N.A., and against Defendants, Mark N. Kavish and Lisa A. Kavish, for failure to Answer the Complaint in Civil Action Mortgage Foreclosure. Service was completed on Defendants Mark N. Kavish and Lisa A. Kavish on 4/10/02, via Cambria County Sheriff. Assess Damages as follows: Principal Balance Interest to 5/31/03 Escrow Advances: MIP Insurance Taxes Late Charges: Corporate Advances: Foreclosure Bankruptcy Property Preservation TOTAL AMOUNT OF JUDGMENT $ 66,631.42 $10,198.14 $ 242.91 $ 707.00 $ 2,263.90 $ 432.62 $ 945.50 $ 750.00 $ 598.00 $ 83,019.99 MILLER, III, ESQUId'' ~' ~-.----~-'-'~RE RNEY I.D. NO.: 46450 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary TO: MARK N. KAVISH and LISA A. KAVISH UNION PLANI'ERS BANK, NA COURT OF COMMON PLEAS Plaintiff VS. MARK N. IC4~VISH and LISA A. KAVISH Defendants CUMBERLAND COUNTY NO.: 01-5079 NOTICE PURSUANT TO RULE 236 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you n the above proceeding as indicated below. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTION CONCERNING THIS NOTICE, PLEASE CALL: JOHN C. MILLER, IH, ESQUIRE #46450 MATTLEMAN, WEINROTH & MILLER (215) 923-2225 948.57387 MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney I.D. No.: 46450 Land Title Building - Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff UNION PLANTERS BANK, NA File No.: 948.57387 COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. MARK N. KAVISH and LISA A. KAVISH Defendants COMMONWEALTH OF PENNSYLVANIA NO.: 01-5079 AFFIDAVIT OF ADDRESS COUNTY OF CUMBERLAND SS I, John C. Miller, III, Esquire, being duly sworn according to law, upon my oath, depose and say: 1. I certify that the Plaintiff's address is 7130 Goodlett Farms Parkway, Cordova, TN 38018. 2. I certify that the Defendant's address is as follows: 22 East Simpson Street, Mechanicsburg, PA 17055. 3. I certify that the foregoing information is true and correct to the best of my knowledge, information and belief. Sworn and Subscribed to before me this [k'l~ day of ',/n, qc~ ..,, 2003. ~JUDITH ANN HITCHNER A NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES 6/25/2006 ILLER /~RNEY I.D. NO.: 46450 MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney I.D. No.: 46450 Land Title Building - Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 Attomeys for Plaimiff UNION PLANTERS BANK NA File No.: 948.57387 COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. MARK N. KAVISH and LISA A. KAVISH Defendants NO.: 01-5079 AFFIDAVIT OF NON-MII,ITARY SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND : I, John C. Miller, III, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: 1. That the Defendants are not in the Military Services of the United States of America or any other Country within the provision of the Soldiers' and Sailors' Civil Relief Act of Congress, as amended; and 2. That the Defendant(s) are at least 21 years of age and reside at 22 East Simpson Street, Mechanicsburg, PA 17055. The Affiant has ascertained the foregoing information by personal inquiry and knowledge and makes this Affidavit with the authority. Swum and Subscribed to before me this [ b~ day of. Wlq~_., 2003. g NOTARY PUBLIC OF NEWJERS~ UY COUUISSiO~ EXPIREs 6/25/2006 ER J _H~./~LI~, I~I, ESQUIRE MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney I.D. No.: 46450 Land Title Building - Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff UNION PLANTERS BANK, N.A. File No.: 948.57387 COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. MARK N. KAVISH and LISA A. KAVISH Defendants NO.: 01-5079 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND : I, John C. Miller, III, Esquire, Attorney at Law, being duly sworn according to law, upon my oath, depose and say: 1. I am a member of the firm of Mattleman, Weinroth & Miller, attorneys for Plaintiff in the above entitled cause of action. 2. Notice, Rule 23 7.1 was forwarded to the Defendant(s), place of residence by regular mail on 5/8/2003 and has not been returned to this office, therefore it is assumed that same has been delivered to Defendants. Sworn and Subscribed to before me this l [s~ day o~ A 2003. U JUDITH ANN HITCHNER A NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES 6/2512006 ER OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: Mark N. Kavish 22 East Simpson Ferry Road Mechanicsburg, PA 17055 Date of Notice: May 8, 2003 Lisa A. Kavish 22 East Simpson Ferry Road Mechanicsburg, PA 17055 UNION PLANTERS BANK, N.A. COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. MARK N. KAVISH and LISA A. KAVISH NO.: 2001-5079 Defendants NOTICE, RULE 237.1 IMPORTANT NOTICE You are in default because you have failed to take action required of you in this case. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. Cumberland County Bar Association Legal Referral 2 Liberty Avenue Carlisle, PA 17013 I~)RCE PURSUANT TO. FAIR DEBT 717/249-3166 COLLECT, ION ,PRACTICES ACT. THIS COMMUNICATION IS FROM A COLLECTOR. THIS IS AN ATTEMPT TO, COLLECT A DEBT AND ANY INFORUAT!Otq OBTAINED WILL BE USED FOR THAT PURPOSE. 948/57387 Mattleman, Weinroth & Miller Land Title Building - Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 ~/a /S aron Oras Morgan, Esquire #60068_} IN THE C~JRT OF ~ P~ OF CL~.RI~I~) COUNI'Y, ~VAI~IA Caption: UNION PLANTERS BANK, N.A. V$ . MARK N. KAVISH and LISA A. KAVISH CMLDMSION File No. Amount Due Interest Atty's Ccam Costs 2001-5079 $83,019.99 $ 1,296.75 TO THE PROTHONCTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installmmnt s~le, contract, or account based on a confession of jud~nent, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for reai property pursuant to Act 6 of 1974 as amended. PRA~CIPE ~DR EXECUTIC~ Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the fol!owing described property of the defendant(s) See attached legal description. PRA~CIPE FOR A~'~AC~I~ EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, .directing.attachment ~gainst the above-named garnishee(s) for the following property (if reai esta%e,'supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee( s ). reai.estate of the defendant(s) described ~the~~ ~ Ad~/401 Route 70 East Cherry Hill, NJ 08034 Attorney for: Plaintiff Telephone: (856) 429-5507 Supreme Court ID No.: 46450 SCHEDULE "A" ALL THAT CERTAIN lot or piece of 9round, with the buildings and improvements thereon erected, situate on the south side of East Simpson Street in the Borough of Mechanicsbur~, County of Cumberland and State of Pennsylvania, and bounded and described as follows, to ~it: BEGINNING at a post on the buildin~ line of said Simpson Street at corner lot now or late of John H. Zeamer, thence southward alon~ said lot 133 feet, more or less, to a 20 foot alley; thence alon9 said alley eastward 26.5 feet to a corner of lot now or late of Elmer E. Corman, et ux; thence alon~ the line of said lot of Elmer E. Corman, et ux, 132 feet, more or less, to the buildin~ line of said Simpson Street; thence alon~ the buildin~ line of said Simpson Street, westward 35.5 feet to a post, the place of BEGINNING. BEING premises known as 22 East Simpson Street, Mechanicsbu~9, Pennsylvania. BEING PARCEL 5U3b~ER 17-23-0565-065. BEING THE SAME PREMISES which John R. Freeman and Elaine M. Freeman, husband and wife by Indenture bearing date the day of A.D. 1992 and intended to be forthwith recorded in the Office for the Recordin~ of Deeds in and foT the County of Cumberland, State of Pennsylvania, granted and conveyed unto said Mortgagor, in fee. c · ':¥~d ir~ ~he office f(~r the recording of D~eds ~ ;",d ¢;~",.~un,berland County, Pa ' ".:,~.: 'rW h~;Htj a~d,~eal of offic~ / ' Reco~d~ ~ . ~-' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND UNION PLANTERS BANK, NA Plaimiff VS. MARK N. KAVISH and LISA A. KAVISH Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 01-5079 PRAECIPE FOR WRIT OF EXECUTION TO THEPROTHONOTARY: Issue Writ of Execution in the above referenced matter: Amount Due Interest from 5/28/03 to 9/3/03 Total (Costs to be added) Mortgage Foreclosure $ 83,019.99 $ 1,296.75 'ainWt~ffINROTH & MILLER MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney I.D. No.: 46450 Land Title Building - Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff File No.: 948.57387 UNION PLANTERS BANK, NA Plaintiff VS. MARK N. KAVISH and LISA A. KAVISH Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 01-5079 AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND : Union Planters Bank, NA Loan Services, Plaintiff in the above entitled cause of action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 22 East Simpson Ferry Road, Mechanicsburg, PA 17055: 1. Name and address of Owner(s) or Reputed Owner(s): Mark N. Kavish 7 N. Colney Lane Etters, PA 17319 Lisa A. Kavish 7 N. Colney Lane Etters, PA 17319 2. Name and address of Defendant(s) in the Judgment: Mark N. Kavish 7 N. Colney Lane Etters, PA 17319 Lisa A. Kavish 7N. ColneyLane E~ers, PA17319 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Union Planters Bank. (Plaintiff herein) 7130 Goodlett Farms Parkway Cordova, TN 38018 First Plus Financial, Inc c/o Lain, Faulkner & Co., P.C. 400 North Saint Paul Street, Suite 600 Dallas, TX 75201 4. Name and address of the last recorded holder of every mortgage of record: Union Planters Bank. (Plaintiff herein) 7130 Goodlett Farms Parkway Cordova, TN 38018 First Plus Financial, Inc c/o Lain, Faulkner & Co., P.C. 400 North Saint Paul Street, Suite 600 Dallas, TX 75201 5. Name and address of every other person who has any record lien on the property: None known. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Occupant 22 East Simpson Ferry Road Mechanicsburg PA 17055 Occupant 7 N. Colney Lane Etters, PA 17319 7. Name and address of every person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Occupant 22 East Simpson Ferry Road Mechanicsburg PA 17055 Occupant 7 N. Colney Lane Etters, PA 17319 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to ,//'~ ~2. MILLER'II, ESQUIRE // ~TTORNEY I.D. NO.: 46450 Sworn and Subscribed to / me t~Ts ~. ~ Day / MATTLEMAN, WEINROTH & MILLER BY: JOHN C. MILLER, III, ESQUIRE Attorney I.D. No.: 46450 Land Title Building - Suite 2226 Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff File No.: 902.58891 UNION PLANTERS BANK, NA Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. MARK N. KAVISH and LISA A. KAVISH Defendants NO.: 01-5079 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: Your house (mai estate) at 22 Eas Simpson Ferry Road, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff's Sale on September 3, 2003 at 10:00am in Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013 to enforce the Court Judgment of $ 83,019.99 obtained by Interbay Funding, LLC as Servicer for First Union National Bank as Indenture Trustee. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SAi,E To prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be canceled if you pay to John C. Miller, III, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorneys fees due. To find out how much you must pay, you may call John C. Miller, III at (215) 923-2225. 2. You may be able to stop the Sale by filing a petition asking the Court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling John C. Miller, III at (215) 923-2225. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriffthe full amount due on the Sale. To find out if this has happened you may call John C. Miller, III at (215) 923-2225. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff on January 20, 2003. This Schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed Distribution is wrong) are filed with the Sheriff ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Lehigh County Bar Association Old Courthouse, Room 304 Fifth and Allentown Streets Allentown, PA 18105 (610) 433-7094 WIlIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-5079 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due UNION PLANTERS BANK, N.A., Plaintiff (s) From MARK N. KAVISH AND LISA A. KAVISH (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the p°ssessi°n of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) if property of the defendant(s) not levied upon an subject to attachment is found in the possessi°n of anyone other than a named garnishee, you are directed to notify him/her that he/sha has been added as a garnishee and is enjoined as above stated. Amount Due $83,019.99 Interest $1,296.75 Atty's Corem % Atty Paid $203.75 Plaintiff Paid Date: JUNE 11, 2003 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Deputy REQUESTING PARTY: Name JOHN C. MILLER III, ESQUIRE Address: 401 ROUTE 70 EAST CHERRY HILL, NJ 08034 Attorney for: PLAINTIFF Telephone: 856-429-5507 Supreme Court 1D No. 46450 MA'I-I'LEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 File No. 452.47193 UNION PLANTERS BANK, N.A. Plaintiff VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. 01-5079 MARK N. KAVISH and LISA A. KAVISH Defendants PRAECIPE TO SUBSTITUTE PLAINTIFF TO THE PROTHONOTARY: Kindly substitute Aurora Loan Services, Inc, assignee of the loan that is the subject of this Mortgage Foreclosure Action, as Plaintiff in place of the current Plaintff/Assignor, Union Planters Bank, N.A. The Assignment of Mortgage has been recorded with the Cumberland County Recorder of Deeds, Book 699, Page 3254. A copy of same is attached hereto as part of Exhibit "A". MATTLEMAN, WE~NROTH & MILLER #60068 PENNSYLVAN'/.A couFfY CUMBERLAND pARCEL NO. 17-23-0565-065 POOL MO. LOANNO. 0104473962 (8402026) IIII1 $1 1111 11111111111 . ASSIGNMENT OF MORTGAGE Ass/u, .~t -/~terv. -Reu~ KNOW ~ ~ BY ~E p~S~S, t~t ~ ~ ~, N.A., A ~ ~ ~S~ located atT130 GOODLETT FARMS PARKWAYt CORDOVAt TN 38016 hereinafter referred to as Assignor, for and in consideration of the sum of ONE DOLLAR ($1.00) lawful ~ney of United States of An~rica, to~ether with other good and valuable consideration, to it in hand paid by located at # Aurora Loan Services Inc. 601 5th Avenue, Scottsbluff, NE 69361 hereinafter referred to as Assignee, at or before the delivery of these presents, the receipt of which is hereby acknowledged, has granted, har~ained, sold, assigned, transferred, conveyed and set over unto said Assignee, its successors and assigns, all of its right, title and interest in and to that certain Mortgage dated the 24th day of APRIL , 1992 made and executed by MARK N. KAVISH , Mortgagor, to GMAC MORTGAGE CORPORATION OF PA covering premises situated in the County of C~~W]~'~r'~I~D , Mortgagee, more particularly described therein and commonly known as: BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHAN.rCSBURG, PA 17055 Said Mortgage was duly recorded on the 29th day of APRIL 1992 in the office of the Register, Clerk of Recorder of Deeds of CUMBERLAND County, in Book 1063 at Page531 or Document NO. of the Official Records of said Register, Clerk of Recorder of Deeds; together with that certain Note of even date and secured thereby in the principal amount of SEV~-SIX T/~_ma~D SI~ _~__mmwED ar~ NO~1 O0 ..... ($ 7 6, 6 0 0.0 0 ) made and executed by mortgagor and payable to the order of the aforementioned Mortgagee. TO HAVE AND TO HOLD the same unto said Assignee, its successors and assigns to its and their proper use and benefit forever. - Assignment from GMAC Mortgage Corporation of PA F/K/A Colonial Mortgage Service Co. to Leader Federal Bank for Savings A Federally Chartered Savings Bank recorded on 08/23/94, Book 480, Page 584. J=UP935 . S . 02780 Page 1 of 2 699 P [3254 Loan No. 0104473962 (8402026) IN WITNESS WHEREOF, the saidUNION PLANTERS BANK, N.A. has caused these presents to be duly executed by its proper officer this 17th but made effective ~Y 1~ 2002 r¸ DIANA ANDERSON SECRETARY __ day of DECEMBER 2001 UNION PLANTERS BANK, N.A .... F/K/A UNION PLANTERS NATIONAL BANK STATE OF IDAHO COUNTY OF BINGHAM on DECEMBER 17, 2001 , before me, JOAN COOK , personally appeared RUANA RANSOM and DIANA ANDERSON personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who execute the within instrument as VICE PRESIDENT and SECRETARY on behalf of UNION PLANTERS BANK, N.A. ~Dd acknowledged to me that the Corporation executed it. ~AN COOK (COI~IISSION EXP. 02-16-07) Notary Public NOTARY PUBLIC STATE OF IDAHO I DO HEREBY CERTIFY THAT THE PRECISE ADDRESS OF THE ASSIGNEE RESIDENCE When Rec0rded Return To: Aurora Lomr Statices 601 5ill Avenue P.O. Box 1706 Sco~sbluff, NE 69363-1706 ASSIGNMENT OF MORTGAGE ___ BETWEEN: _U~_ ~p_N_ _~_& _ _a~_ _~_S_ _S_ _a~_ $j_ _$_ ~ ~= .... C=S. 451. 0001 P=S. 001.2780 {NMRI. PA. 2) J=UP935. S. 02780 Page 2 of BOOK ~/': i "~,~v'~' / / ~;~' ~/ Recorder of Deeds 699 o, VICE PRESIDENT [ Certify this to be recorded tn Cun]berland County PA MATTLEMAN, WEINROTH & MILLER By: Sharon Oras Morgan, Esquire Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 Attorneys for Plaintiff Our File No.: 902/55907 UNION PLANTERS BANK, NA COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff VS. MARK N. KAVISH LISA A. KAVISH No.: 01-5079 Defendants AFFIDAVIT PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : I Sharon Oras Morgan, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say: 1. I am a member of the finn ofMattleman, Weinroth & Miller, attorneys for the Plaintiff in the above entitled cause of action. 2. On July 24, 2003, a copy of the Notice of Sheriff's Sale of Real Property was served on the Defendants, Mark N. Kavish & Lisa A. Kavish via the York County Sheriff's Department. A copy of the Affidavit of Service is attached hereto and made a part hereof as Exhibit "A" 3. On June 12, 2003 & August 27, 2003, a copy of the Notice of SheriW s Sale of Real Property was sent to all parties in interest and claimants by registered mail. A copy of the receipt of registered mail is attached hereto and made a part hereof as Exhibit "B". Sworn and Subscribed to before me this $~b0 Day of J~e~r~Oe,''' ,2003. N6tary Public' ~DITH ANN HtT~N~ A NOTARY PUBLIC OF NEW J~SEY MY CQMMISSION EXJ~IRES 6/25/2006 Mattlerrlan, Weil~r. qth & Miller Sh~mn Oras IV"~organ, Esqu~ge #60068 Exhibit "A" Union Planters Bank, NA VS Mark N. Kavish and Lisa A. Kavish In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2001-5079 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendants, to wit: Mark N. Kavish and Lisa A. Kavish, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. YORK COUNTY .RETURN: Served Lisa A. Kavish on July 24, 2003 at 11:15 am by handing to her personally at 7 North Conley Lane, Etters, PA 17319 the within Real Estate Writ, Notice of Sale and Description and making known unto her the contents thereof. So Answers: William M. Hose, SheriffofYork County, Penns3(lvania. YORK COUNTY RETURN: Served Mark N. Kavish on July 24, 2003 at 11:15 am by handing to Lisa A. Kavish, wife of defendant, at 7 North Conley Lane, Etters, PA 17319 the within Real Estate Writ, Notice of Sale and Description and making known unto her the contents thereof. So Answers: William M. Hose, Sheriff of York County, Pennsylvania. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 10:08 o'clock A.M., she posted a tree copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark N. Kavish and Lisa A. Kavish located at 22 East Simpson Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Shefiffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Mark N. Kavish, by regular mail to his last known address of 7 North Conley Lane, Etters, PA 17319. This letter was mailed under the date of August 12, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Lisa A. Kavish, by regular mail to her last known address of 7 North Conley Lane, Etters, PA 17319. This letter was mailed under the date of August 12, 2003 and never returned to the Sheriffs Office. Sworn and subscribed to before me This 2003, A.D. day of Prothonotary Real Estat~l~)eputy Exhibit "B" COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND j~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Secretary of Housing & Urban Der is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 1 lth day of June, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5079, at the suit of Union Planters Bank N A against Mark N Kavish & Lisa A is duly recorded in Sheriff's Deed Book No. 261, Page 1556. IN TESTiMONY WHEREOF, I have hereunto set my hand and seal of said office this cX2~-e~- day of _;~~corder of Deeds Union Planters Bank, NA ¥S Mark N. Kavish and Lisa A. Kavish In The Court of Con:anon Pleas of Cumberland County, Pennsylvania Writ No. 2001-5079 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states he made a diligent search and inquiry for the within named defendants, to wit: Mark N. Kavish and Lisa A. Kavish, but was unable to locate them in his bailiwick. He therefore deputized the Sheriffof York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. YORK COUNTY RETURN: Served Lisa A. Kavish on July 24, 2003 at 11:15 mn by handing to her personally at 7 North Conley Lane, Etters, PA 173 l 9 the within Real Estate Writ, Notice of Sale and Description and making known nnto her the contents thereof. So Answers: William M. Hose, SheriffofYork County, Pennsylvania. YORK COUNTY RETURN: Served Mark N. Kavish on July 24, 2003 at 11: l 5 am by handing to Lisa A. Kavish, wife of defendant, at 7 North Conley Lane, Etters, PA 17319 the within Real Estate Writ, Notice of Sale and Description and making known unto her the contents thereof. So Answers: William M. Hose, Sheriff of York County, Pennsylvania. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on July 9, 2003 at 10:08 o'clock A.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Mark N. Kavish and Lisa A. Kavish located at 22 East Simpson Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Mark N. Kavish, by regular mail to his last known ad&ess of 7 North Conley Lane, Etters, PA 17319. This letter was mailed under the date of August 12, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriffmailed a notice of the pendency of the action to one of the within named defendants, to wit: Lisa A. Kavish, by regular mail to her last known address of 7 North Conley Lane, Etters, PA 17319. This letter was mailed under the date of August 12, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum orS1.00 to Attorney John C. Miller, II1 for Secretary of Housing and Urban Development. It being the highest bid and best price received for the same, Secretary of Housing and Urban Development of 451 Seventh Street, Washington DC 20530, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $745.59, it being COSTS. SheriWs Costs: Docketing $30.00 Poundage 14.62 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1 Mileage 6.90 Levy 15.00 Surcharge 30.00 Out of County 9.00 York County 52.48 Postpone Sale 20.00 Law Journal 232.85 Patriot News 169.84 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 745.59 THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Comrnonwea]th of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of July and the 5th day(s) of August 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant 1o a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S A L E #65 IVaneer. Pennsylvania AssociaaonOfNo~a~es My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA, 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates $ 1 68.09 Probating same Nota~ Fee(s) $ 1.75 Total $ 169.84 ~'uzf==~='=~ =ubllsher'ss~, ~ ~ a~ ~ ~ Receipt for Advertising Coat )ublisher of The Patriot-News and The Sunday Patriot-News, newspapers of general receipt of the aforesaid notice and publication costs and ce~ifies that the same have ay .................................................................... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire~ Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JULY 18, 25, 2003 AUGUST 1, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE ~ NO. 65 Writ No. 2001-5079 Civil Union Planters Bank, NA vs, Mark N. Kavish and Lisa A. Kaviah Atty.: John C. Miller, lli SCHEDULE "A' ALL THAT CERTAIN lot or piece of ground, with the buildings and improvements thereon erected, sltu ate on the south side of East Simp- son Street tn the Borough of Mech- anicsburg. County of Cumberland and State of Pennsylvania, and bounded and described as follows, to wit: BEGINNING at a post on the building line of said Simpson Street at comer lot now or late of dohn H. Zeamer, thence southward along said lot 133 feet. more or less, to a 20 foot alley: thence along said al- ley eastward 26.5 feet to a corner of lot now or late of Elmer E. Corrnan. et ux: thence along the line of said lot of Elmer E. Corman, et ux, 132 feet, more or less, to the , building line of said Simpson Street: thence along the building line of said Shnpson Street, westward 35.5 feet to a post, the place of BEGINNING. BEING premises known as 22 East Simpson Street, Mechai~icsburg, Pennsylvania. BEING PARCEL NUMBER 17 23 0565-065. BEING THE SAME PREMISES which John R. Freeman and Elaine M. Freeman, husband and wife by Indenture bearing date the day of A.D. 1992 and intended to be forth with recorded in the Office for the Recording of Deeds In and for the County of Cumberland, State of Pennsylvania. granted and conveyed unto said Mortgagor. In fee. /~arie ffo57ne, EdV SW~O AND SUBSCRIBED before me this 1 dayof AUGUST, 2003 to a post. the place of BEGINNING. M, Freeman, husband and wife by Recording of Deeds in and for unto said Mortgagor, itt fee, MATTLEMAN, WEINROTH & MILLER, BY: BONNIE L. DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No. 948~57387 UNION PLANTERS BANK, N.A. Plaintiff MARK N. KAVISH and LISA A. KAVISH, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO:2001-5079 MOTION FOR ORDER DECLARING DEED NULL AND VOID To the Honorable Judges of said court: And now, comes Plaintiff, Union Planters Bank, N.A. by its attorney Bonnie L. Dahl, Esquire, and moves this honorable court for an Order declaring the Sheriff's Deed dated January 20, 2004, conveying property known as 22 East Simpson Street, Mechanicsburg, Pennsylvania, to Secretary of Housing and Urban Development as null and void and avers in support thereof: 1. Plaintiff filed suit against Defendants in mortgage foreclosure on or about August 30, 2001, (a true and correct copy of complaint is attached as Exhibit "A" to the Brief in Support of this Motion) 2. Plaintiff obtained default judgment on December 10, 2003 in the amount of $83,019.99. 3. The property was sold back to the Plaintiff at the sheriff sale held on December 10, 2003. 4. The Sheriff's Deed was mistakenly conveyed to the Secretary of Housing and Urban Development. 5. The defective deed was recorded on January 20, 2004 at the Recorder of Deeds office in Cumberland County granting and conveying the property to the Secretary of Housing and Urban Development. Wherefore, Plaintiffs requests the Court enter an Order declaring the January 20, 2004, Sheriffs Deed null and void,requests this court to enter an Order declaring the January 20, 2004 Sheriff's Deed null and void and for the sheriff to reissue a deed in the name of Aurora Loan Services, Inc. Dated: MATTLEMAN, WEINROTH & MILLER Attorney I.D. #79294 MATTLEMAN, WEINROTH & MILLER, BY: BONNIE L. DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No. 948/57387 UNION PLANTERS BANK, N.A. Plaintiff MARK N. KAVISH and LISA A. KAVISH, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2001-5079 BRIEF IN SUPPORT OF MOTION TO DECLARE DEED NULL AND VOID Statement of Facts Plaintiff flied suit against Defendants in mortgage foreclosure on or about August 30,2001 (a true and correct copy of complaint is attached hereto as Exhibit "A") Plaintiff obtained default judgment on May 28, 2003 in the amount of $83,019.99. The property was sold back to the Plaintiff at the sheriff sale held on December 10, 2003. The deed was recorded on January 20, 2004 at the Recorder of Deeds office in Cumberland County granting and conveying the property to the Secretary of Housing and Urban Development. Plaintiff needs the deed to be recorded and the property granted and conveyed in the name of Aurora Loan Services, Inc. The subject motion only seeks to void the Sheriff's Deed that was issued from the sale and reissue a new deed under the name of Aurora Loan Services, ~nc. CONCLUSION Wherefore, Plaintiffs requests the Court enter an Order declaring the April 16, 1999 Sheriffs Deed null and void and the sheriff reissue a new deed in the name of Aurora Loan Services, inc. and order the Recorder of Deeds to index this transfer. Dated: MATTLEMAN, WE"INROTH & MILLER nnie L. Dahl, Esquire Attorney I,D, #79294 2 EXHIBIT "A" MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID~ 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 7130 GOODLE~r F~ams p~acw^¥ CORDOVA, TN 38018 COURT OF COMMON PLEAS CUMBERLAND COUNTY plaintiff VS. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 CIVil, ACTION MORTGAGE FOKECLOSURE COMPLAINt LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defenrlaut(s) NOTICE You have been sued in court. If you wish to defend against the c'.[aims set forth in the following pages, you must take action within twenty (20) days after this co~nplaint 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 judgement 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 p!aimiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO Oli'. TELEPHONE TI-EE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 717 249 3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or an)' portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chesmut Streets Philadelphia, PA 19110 (215) 923-2225 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 COL~TOFCOMMONPLEAS VS. plaintiff CUMBERLAND COUNTY MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant(s) NO.: CIVIL ACTION MORTGAGE FO~CLOSURE COMPLAINT MATTLEMAN, WEINROTH & MILLER BY: SI{A_RON ORAS MORGAN, ESQLrIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Sweets Philadelphia, PA 19110 (215) 923-2225 UNION PLANTERS BANK, N.A. COURT OF COMMON PLEAS 7130 GOODLETT FARMS.PARKWAY CORDOVA, TN 38018 Plaintiff VS. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 LISA A. ICAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant(s) CUMBERLAND COUNTY No.~ CIVIL ACTION MORTGAGE FOI~CLOSURE COMPLAINT CIVIL ACTION MORTGAGE FORECLOSU]~E COMPLAINT 1. Union Planters Bank, N. A. (hereinafter referred to as "Plaintiff") is a mortgage corporation, conducting business under the laws of the Commonwealth of penn~ylvarfia and brings this action to foreclose in the Mortgage executed between Mark N. Kavish and Lisa A. Kavish, mortgagors hereinafter referred to as "Defendants" and GM_AC Mortgage Corporation of PA. Said Mortgage is dated April 24, 1992 and was recorded in the Office of the Recorder of Deeds and Mortgages in Cumberland County, Pennsylvania on April 29, 1992 in Mortgage Book 1063, page 531. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit 2. Said Mortgage was subsequently assigned as follows: a. to Leader Federal Bank for Savings, recorded on August 8, 1994 in Book 480, page 584. Plaintiff is proper party by way of an Assignment to be recorded. 3. The Mortgage secures Defendants' Note dated April 2;4, 1992 in the mount of $76,600.00 payable to Plaintiff in monthly installments with an i~terest rate of 7.500%. A copy of the Note is attached hereto and made a part hereof as Exhibit "B". 4. The land subject to the mortgage is: 22 East Simpson Ferry Road, Mechanicsburg, PA 17055. A copy of the legal description is attached hereto and incorporated by reference. 6. The Defendant(s), Mark and Lisa Kavish are the Real Owners of the land subject to the mortgage. The Defendant(s) mailing address is 22 East Simpson Ferry Road, Mecbanicsburg, PA 17055. 7. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. The following mounts are due: Principal Balance Interest Calculated to August 17, 2001 Attorney Fees Total $ 66,631.42 $ 1,870.05 $3,331.57 $ 71,833.04 plus interest from 08/18/01 at $13.65 per day, costs of suit and attorney fees. The Defendants have not cured the default. W]]~REFORE, P] aintiff requests the court enter Judgment in Mortgage Foreclosure for the sale of the mortgage property in plaintiff's favor and against the Defendants, in the sum of $71,833.04 together with interest from 08/18/01 at $13.65 per chty, costs of suit and attorney MATTLEMAN, WEINROTH & MILLER BY: Sharon Oras Morgan,'E~q~tre~'" '~ #60068 948/57387 EXHIBIT "A" LOAN NO : 1-S78440-22 Coramonweallh oJ Venr~dv~nl~ MORTGAGE THIS MORTGAGE ("Security Instrument") is given on APRIL The Mortgagor is 1992 Dollars (U.S, $ 76,600.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, it' not paid earlier, due andl payable on ACCORDING TO SCHEDULE "A" ATTACHED HERETO AND MADE A PART HEREOF and will defend generally the title to thc Property against all claims and demands, subject to any encumbrances of record. Each monthly installment for items (a), (b), and (c) shall eqgal one-twelfth of the annual amounts, as reasonably estimated by Lender, plus an amount sufficient to maintain an additional balance of not mbre than c,ne-sixlh of ll*e eslimated amounts. The full annual amount for each item shall be accumulated bY Lender within a.'period ~ndlng one month before an item would become delinquent. Lender shall hold the amounts collected in trust to pay~ ems (a), b), and c before they become delinquent. I f at any time the total of the payments held by Lender for items (a)~ (b), and (c), Ieee{her wit h the future monthly payments payments by Borrower, a~ the option of Borrower. If the total of he paymcnta made by Borrower for item (a), (b), or (c) As used in th s Secur ~ ns rumen "Secretary" means thc Secretary of Housing and Urban Development or his or her also include either: (i) an installment of the annual mortgage usurance premium to be paid by Lender to thc Secretary, or ii) a premium wilh Lender one mort h pr or o he da e he full annual mortgage insurance premium is due Io the Secretary, or if this Security Instrument is held by thc Secretary, each monthly charge shall bc in an amounl equal Io one-ewe th o one-ha f ipcrcent of the outstanding principal balance duc on lhe Note. be credited with the balance remaining for all installments for items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; Fifth, to late charges due under the Note. 4. Flre, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lend,:r requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements On the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance polici~.-s and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make~' nor of loss if not made promp y by Borrower. Each insurance company concerned s hereby authorized and directed to ma e payment folr such loss directly to Lender, instead of to Borrower and to Lender jointly. A or any part of th'e insurance ~roceeds may be applied by Lender at its option either a) to the reduction of the indebledness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph :L and then to prepayment o¥ pr nc pa, or (b) to the restoration or repair of the damaged property. Any application of the proceeds to the principal shall not extend or poslpone the due date of the monthly payments which are referred Io in Paragraph 2, or change lhe amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property Ihat extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance anti ProlecBon of the Property; Borrower's Loan Application; Leaseholds. Ih rrower shall occupy establish nd use the Property as Borrower's principal residence within sixty da~s after the ex~ulion of this Lender may inspect the Property if Ihe Properly s vacanl or abandoned or the loan is in default~ Lender may ake reasonable acl on to process, gRve materially false or 'inaccurata information or smtaments to Lender (or failed to provide Lender with a~y material ccupancy f he Proper y as a principal ~esidence. if Ibis Securily Instrument is on a leasehold, Borrower shall comply with the prnvisions of the le~se. If Borrower acquires fee title to the Property, the leasehold and f~e title shall not be merged ual~s Lender agre~ to Ihe merger in writing. 6, Charges to Borrower and ProleeBon of Lender's Rights in the Properly. Borrower shall pay all governmental or municipal charges, fines and impositions that a~e nol included in Paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to, Lender receipts evidencing these payments. f Borrower fa s o make these payments or the payments required by Paragraph 2, or fails to parform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may of taxes, hazard insurance and other items mentioned in Paragraph Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured option of Lender, shall be immediately due and payable. and shall be paid to Lender to the exlem of Ihe full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under lhe Note and this Security Ins~rumenl first In any delinquent amoums applied in 1he order provided in Paragraph 3, and then Io prepaymenl o1' principal. 9. Grounds for Acceleralion of Debl. !al D . · merit in full of all s ms secured by Ih s Security Instrumem if: (ii) Borrower defaults b~' failing, for a period of thirty days, to perform any other obligations contained in this (b) Sa e W thou Cr~BIt Approva. Lender shall, f permitted by applicable law and with the prior approval of the Secretary, require immediate payment in fu of all sums secu ed by this Secud y lnstramen if: i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred other than by devise or decent) by the Borrower, and ' 'ed b the urchaser or grantee as his or her principal residence, or the purcl~ascr or grante~ (ii) The Property ~s not occup . y,. p. --'. ~- -~' ~'~en a--roved in accordance with the reqmrements of the e %;%. ,f ei,c msta,ce, occur ha, wou,d per.ml, Lo,de, ,o bu, Lende, D Secre ar In many circumstances regulations ssued by the Secretary wilt limit Leuder's rights wet a roes ha should this Security Instrument and the Note secured thereby not be eligible (e) Mortgage Not Insured. Borro g ...... ~--.- ~-~-- '~o da e hereof Lender may, at '~ option and for m. su n th n n Para rah 9 equ re immediate paymen n full of all sums secured by this Security lnstru?~n. notwithstanding a g . g P 60 da s from the date hereof, dechn ngo written s atement o~any authorized agcnt of the Secretary dated subsequent o s x y ( ) Y . . . .. urit Instrumcnl an( he Note rs:cured thereby sba be deemed conc us~ve proof of such mehg~bd~ty. insure Ihs S~c y . · ' b Leedcrwhen he unavailability of nsurancelssoeydueto Notwithstanding the foregoing, th~s ()pbon may ~ot be exercised y Lender's failure to remit a mortgage insurance premium to the Secretary. enl Borrower has a righ o be reinstated if Lender has requ red immed a e payment in full because of 10. R, ein~tatem ; an a punt due undar he Note or this Security Instrument. This right applies even after foreclosure Borrow,~r s fadu~-e t~.p Y~ To'reinstate thc Security Instrument, Borrower shall tender In a lump sum all amoun, ta reqmre.d ~°orb~l~sguBre°cr;~ searnd reasonabte and customary a orneys' fe~s and ex~nse~ properl~ assoC~tsesdh~';¢hretmbea[nO~;C[~cr;;aPsrr¢~gr any righl or remedy. uccessors and Ass nsBound;$ointandsevera Liability Co. Signers Thecovenantsandagreementsorthissecurity 12. S ~ ns of Lender and Borrower, subject to he preY s OhS of paragraph t sba b nd and benefit the successors and assag . . ' · but doe~ . . ~ ,- ~ c-~ ~rit" ins rument: (b s not persona y obligated to pay the sums secured nler~s P Y derandan otherBorrowermayagreetoexend, moddy, fo 'bear or make by th~s Secur~ y Instrumem; and c agrees thai Len y any accommodations with regard Io thc terms of this Security Instrument or thc Note without that Borrower's consent 13 Notices An not ce o Borrower provided for n this Security Instrument shall be given by delivering it or hy mailing · · Y ires nse of another me hod The notice shall be d rec ed o he Proper y Address thor address Bet ewer des gna es by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's or any o · ~ ' olice to Borrower Any notice provided for in this Security Instrument overnin Law Severabi y Th s Security Ins tureen sba be governed by Federal law and the law of the jurisdict!on · .14:.G. ~ g '- :~'*~ated In ~he event a any provision or clause of this Security Instrument or the Note conflicts wilh applicable law, such conflict shall not affecl ofl~er provisions of this Security Instrument or the Note whiclh can be given IS. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrlament. 16 Ass gnmen of Bents. Borrower, uncondl tonal y assigns and transfers to Lender all the rents and revenues of the Property. as trustee for gthe benefit o1: Lender and Borrower. This assignment of rents conslitutes an absolute assignment and not an g ' Instrument' b Lender shalI be en ed to coles benefit of Lender only, to be app ted to the sums secured by the Secur~ y ( ) and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender Lender from exercising its rights under this paragraph 16. of rents shall no cure or waive any default or nvalidate any other right or ~emedy of Lender. This assignment of rents of the Property shall erminate when he debt secured by the Security [nstrumen! is paid in full, ...... I Loau No : 1-578440-22 17. Foreclosure Proc~ure. If lender requires immedinle payment in full under paragraph 9, Lender may Foreclose this ~eeurlly l~rument by indlelal proceeding, lender shall be envied to collect ali expanses incurred in pursuing the remedies provided in this paragraph I?, indnding, but not limited to, attorneys' lees and coals of tide evidence to the extent permitted by applicable law. 18. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall lermlnata and become void. After such occurrence, Lender shall discharge and satisfy this Secudly Instrument without: charge to Borrower. Borrower shall pay any recordation costs. 19. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and,hereby waives Ibe benefit of any present or future laws providing for stay of execution, extanslon of time, exemption from attachment, levy and sale, and homeslead exemption. 20. Reinstntement Period. Borrower's time to reinstate provided in paragraph l0 shall extend to one hour prior lo the commencement of bidding at a sberlfPs sale or other sale pursuant to this Secudty lnstrumenL Il. Purchase Money Morlgapa. 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. 22, Inthrest Rate After Judgment, Borrower agrees that the intarest rat~ payable after a judgment is cntared on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Riders Io this S~eurlty Instrument. If one or more riders are ex~cuted by Borrower and recorded together with this Security Instrument, the covenanls of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as i f the rider(s) were in a part of this Security Instrument. [Check applicable box(es)) ]~ Condominium Rider [~ Adjustable Rate Rider F~] Growing Equity Rider F~ Planned Unit Development Rider E~ Graduated Payment Rider [] Other (specify) - BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (S~al) (Seal) (Seal) COMMONWEALTH OF PENNSYLVANIA, DAUPHIN County ss: On this, the p~rsonally appeared MARK N. KAVISH day of APRIL , 1992 known to me (or satisfactorily proven) to be the pa~on(s) whose name(s) IS sub~n'ibed to the within instrument and acknowledged thnt HE executed tbe same for the pa~ herein contained. IN WITNESS WHEREOF¢ I hereunto set my hand and official seal. CERTIFICATE OF RESIDENCE I, certi~ thatthecorrectaddre.~oftbe within-namedlenderis 8360 OLD YORK ROAD, ELK NS PARK~ PA 19117-1590 ,1992 ~--~1063 r~t 534 LOAN ~: 1-57B~40-22 FHA Case No.441-440543-0 72~ TEE MOTE UONTAIMS PROVISIONS ALLOWINS FOR OHANOEB IN THE INTEREST RATE AND THE MOMTHLY pAYMENT. TEE MOTE LIMITS THE AMOUNT THE BOREO~R'S INTEREST RATE CAN UHANOE AT ANY ONE TIME AND THE HAXIMU~ RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: (A) ~hange Date The interest rate may change on the first day of JULY , 19 93 , and on that day of each succeeding year. ~'"~hange Date" means each date on which the interest rate could change. (E) The Index Beginning with the first Change Date, the interest rate w~i i he based on an Index. "Index" means the weekly average yield on United States Treasury Securities adjusted to a constant maturity of one year, a~made available by the Federal Reserve Board. "Current Index" means the most recent Index fib;ute available 30 days before the Change Date. If the Index (as defined above) is no longer available, Lender will use as a new Index any index prescribed by the Secretary (as defined in Paragraph ?(B) of the Note). Lender will give Borrower notice of the new Index. Lender will u~e the unpaid principal balance which would be owed on the Change FHA MULTISTATE ADJUSTABLE RATE RIDER 2/91 FMU-ARM-R 1/2 Rev. 4/91 ~1.0[;3 ~t 535 Page 1 of 2 contained in this Adjustable Rate Rider. (SEAL) Borrower (SEAL) Borrower (S~L) FHA MULTISTATE ADJUSTABLE RATE RIDER 2/91 ~MU-ARM-R 2~2 Rev. 4/91 Page 2 of 2 iUNTIf CUMBERLAND BOROUGH MECHANICSBURG IOL NO. 814498 ~ RECORDER OF DEEDS ASSIGNMENT OF MORTGA~I?E~LAND COUNTY-PA ,cared at I~R MAOISON AVENIiE. MEMPHIR. TN 3R103 ~y of APRIL 1992 made and executed by MARK N. KAVlRH BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 id Mortgage was duly recorded on the 2gfh day DP APRIL , 19 92 in the office DP ,e Register, Clerk of Recorder of Deeds of CUMRERLAND County, in Book lt)fi3 __ Page 531 or Document NO. or with Pin f 17-23.t)~fiS-OR.~ of the Official cords of said Register. Clerk of Recorder of Deeds; together with that certain Note of even date and secured ($ ?R:~O0. O0 ) made and executed by mortgagor and payable to the o~-der the aforementioned Mortgage. TO HAVE AND TO HOLD the same unto said Assignee, its successors and assignl; to -- day of AU JUST 1994 ~ ~ ..-~ ~;.~% G~C MOR~AGE CO~TION OF PA ~ ~ ~ ~ ~ ~ .' ~ --,-- ~CO~NI~ ~RTGAGE S~VICE C,D~Y C~RL GERSTENBERG ~%~. 1968 .~ .~E'HEB8 a;~lgTaNT R;CRETAR~ ~.~'.?~*~*"~ * VICE PRESIDENT ATE OF MARY~ND '"',,....,,"" COUNTY OF FREDERICK this. the tgth day of AUGUST 1994 , before me, JANE EYLER . the dersigned offlce~ personally appeared MAE REBB and CARL GERSTENBERG o acknowledged themselves to be the V~CE PRESIDENT and ASSISTANT SECRETARY of GMAC MORTGAGE CORPORATION OF PA d. that as such MAE HEBB [ and CARL GERSTENBERG , being auhhoriz,.=d to do executed the foregoing tnstrgment for the purposes therein contained by signing the name of the corpora[ion by emselves as VICE PRESIDENT and ASSISTANT SECRETARY " ,,,,,,,',"~"'*',,~ ........ .... ~ ~ ~ i" NOTARY JANE E E COMM SSIO~'EX '. PU UC LEADER FEDERAL B~K FOR SAVINGS SE~[N: GMAC MORrGAGE CORPORATION OF PA ecise residence is: I58 MADISON AVENUE, EMPHI3, TN 30103 ANO LEADER FEDERAL BANK FOR SAVINGS.; MAE HEBB VICE PRERIFJENT MAIL TO: ONTRAK ASSIGNMENT SERVICE P.O. BOX 3829 FREDERICK, MD. 21705.3829 :NNSyLVANIA I' ,.- IUNT~ CUMBERLAND . f~ORO. UGH MECHANICSDURG ~OL HO. 814498 ASSIGNMENT OF MORTGAGE )cared at~ )reinafter referred to as Assignee, at or before the delivery of these presents, the receipt o6 which is hereby :knowledged. has granted, bargained, sold. assigned, transferred, conveyed and set over unto said Assignee. :s successors and assigns, all of its right, title and interest in and to that certain Mortgage dated the ~ath ~y of APRIL . _ 1992 made and executed by MARK N. rAVISH BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHANICSDURG, PA 17055 caused these presents to be duly executed by its proper offtcer this t~'//,~ day of ~'~' ~ ~y BONNIE STENHOUSE ASSISTANT VICE PRESIDENT TAT{[ OF TENNESSEE ER BANK FOR ROBERT B. ADAMS VICE PRESIDENT COUNTY OF SHELBY n this, the -- day of . before me, MARY WHEELER , the ndersigned officer personally appeared ROBERTB. ADAMS and BONNIESTENHOUSE ~o acknowledged thmselves to be the VICE PRESIDENT and ASSISTAN~WCEPRESIDENT Of LEADER i=EDERAL BANK FOR SAVINGS ,d that as such ROBERT e. ADAMS ~. executed the foregoing instrument for the tried by signing the name of; the corpor~tion by hemselves as VICE PRESIDENT ICEPRE$1DENF , witness whereof. I hereto set my hand and ial . AT MARY W~ELER (COMMISSION EXP. 1 .............. .................... .................................................... reclse residence ts: 451 ?TH STREET SW~ ROOM ;100r WASHINGTON, D.C. 20410.9000 MAIL TO: LEADER FEDERAL BANK FOR SAVINGS 158 MADISON AVENUE MEMPHIS, TN 38103 ROBERT B. ADAMS EXHIBIT "B" MULTIETATE AD3USTABLE RATE NOTE FBA Case No. 441-440543-0 LOAN NO. 1-578440-22 APRIL 22 EAST SIMPSON STREET, , MECNANIGSBNRG (Property Address) , PA 17055 .Borrower" means each person signing at the time of this Note, and the person's GMAC MORTGAOR C0~$ORATION OF PA and its successors and assigns. In return for a loan received from Lender, Borrower promises to pay the principal stu~ of SEVENTY-SIX THOUSAND SlX HUNDRED AND O0/lOO ****************************** Dollars (U.N $ 76 600.00' ) plus interest, to the order of~Lender- Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at a rate ofSEVEN AND 50/100 percent ( 7.500 %) per year. The interest rate may .change in acc'ordance w'ith Paragraph 5(G) of this Note· Borrower's promise to pay is*secured by a mortgage, deed of trust or similar Instrument." That Security Instrument protects the Lender from losses which might result if borrower defaults under this'Note. 4. MANNEE OF' PAYMENT ' ' ' '' (a) Time' · · day of each month ~eginntng on JUNE ~' 01 i 1992 . Any principal and interest remaining on the first day of MAY , 2022 , will be due on that date, which (B) Place Payment shill be made at 8360 OLD YORE ROAD ELK~N~ PARK, PA 19117-1590 or at such other place as Lender may designate in writing by notice to Borrower. (c) Amount Inttialiy, each monthly payment of ~rlncipal and interest will be in the amount of $ 555.60 This amount will be *part of a larger monthly payment required by th~ Security InstCument that shall be applied to principal, interest and ut*her items accordance with paragraph 5(E) of this Note· rate could change. (B) The Index Beglnntn~ with the first Change Date, the interest rate will be based on an adjusted to a c~stant maturity of one year, as made available by the Federal Reserve Change Date. If the Index (as de{lne~'~b~De) is no longer available. Lender will use as a new Index any index p~escribed~by ~he Secretary (as defined in Paragraph 7(g)). FHA MULTISTATE ADJUSTABLE RATE NOTE 2/91' FMU-ARM-N 1/3 Rev.4/91 Page 1 of 3 (C) Calculation of Interest Rate Changes Before each Change Date, Lender will calculate a new interest rate by adding a margin of TWO AND 50/100 percentage points ( 2,500 X) to the Currant Index and rounding the sum to the nearest one-eighth of one percentage point Subject to the limits stated in Paragraph 5(D) of this Note, this rounded amount will be the new interest rate until the naxt Change Date. 6, BORROI~P.'S RI~NT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. 7.' BORROWER FAILUEE TO PAY (A) Late ~harge for Overdue Patments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of percent (4.00 X) of the overdue amount of each payment. (B) Default I If Borrower defaults by faillnB to pay in full any monthly payment, then Lender may, except as limited By regulations of the Secretary in the case of payment defaults, require immedia~e payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. This Note does not authorize accelerationwhen not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Mousing and Urban development or his or her designee. contained in this Note. MARK N. KAVIS]t Borl~x (SEAL) (SEAL) (SEAL) :t FflA MULTISTATE ADJUSTABLE RATE NOTE 2/91 FMU-ARM-N 3/3 Rsv, 4/91 Pa~e 3 of 3 PAY TO THE O,r:IDER OF Robert Vice Prlsident .VERIFICATION I, BONNIE L. DAHL, ESQUIRE, counsel for Plaintiff hereby verify the statements set forth in the within pleadings are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.SA. § 4904, relating to unsworn falsification to authorities. MATTLEMAN, WEINROTH & MILLER BONNIE L. DAHL, ESQUIRE Attorney I.D. No. 79294 MATTLEMAN, WEINROTH & MILLER, BY: BONNIE L. DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No. 948/57387 UNION PLANTERS BANK, N.A. Plaintiff, MARK N. KAVISH and LISA A. KAVISH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2001-5079 CERTIFICATE OF SERVICE 1. Angela C. Rego, Secretary to Bonnie L. Dahl, Counsel for Union Planters Bank, N.A. does hereby certify that on ¢- q- O ~ ,a true and correct copy of the Motion, Brief and Proposed form of Order has been sent via regular mail to: Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 2. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the f0regoing statements made by me a~als~%nishm~nt. Dated: ~ MATTLEMAN, WEINROTH & MILLER, BY: BONNIE L. DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No. 948/57387 UNION PLANTERS BANK, N.A. Plaintiff, MARK N. KAVISH and LISA A. KAVISH, Defendants. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO:2001-5079 MOTION FOR ORDER DECLARING DEED NULL AND VOID To the Honorable Judges of said court: And now, comes Plaintiff, Union Planters Bank, N.A., by its attorney Bonnie L. Dahl, Esquire, and moves this honorable court for an Order declaring the Sheriff's Deed dated January 20, 2004, conveying property known as 22 East Simpson Street, Mechanicsburg, Pennsylvania, to Secretary of Housing and Urban Development as null and void and avers in support thereof: 1. Plaintiff filed suit against Defendants in mortgage foreclosure on or about August 30, 2001, (a true and correct copy of complaint is attached as Exhibit "A" to the Brief in Support of this Motion) 2. Plaintiff obtained default judgment on December 10, 2003 in the amount of $83,019.99. 3. The property was sold back to the Plaintiff at the sheriff sale held on December 10, 2003. 4. The Sheriff's Deed was mistakenly conveyed to the Secretary of Housing and Urban Development. 5. The defective deed was recorded on January 20, 2004 at the Recorder of Deeds office in Cumberland County granting and conveying the property to the Secretary of Housing and Urban Development. Wherefore, Plaintiffs requests the Court enter an Order' declaring the January 20, 2004, Sheriffs Deed null and void,requests this court to enter an Order declaring the January 20, 2004 Sheriff's Deed null and void and for the sheriff to reissue a deed in the name of Aurora Loan Services, Inc. MATTLEMAN, WBNROTH & MILLER Bonnie L. Dahl, Esquire Attorney I.D. #79294 Dated: MATTLEMAN, WEINROTH & MILLER, BY: BONNIE L. DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No. 948/57387 UNION PLANTERS BANK, N.A. Plaintiff MARK N. KAVISH and LISA A. KAVISH, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2001-5079 BRIEF IN SUPPORT OF MOTION TO DECLARE DEED NULL AND VOID Statement of Facts Plaintiff filed suit against Defendants in mortgage foreclosure on or about August 30, 2001 (a true and correct copy of complaint is attached heretc, as Exhibit "A") Plaintiff obtained default judgment on May 28, 2003 in the amount of $83,019.99. The property was sold back to the Plaintiff at the sheriff sale held on December 10, 2003. The deed was recorded on January 20, 2004 at the Recorder of Deeds office in Cumberland County granting and conveying the property to the Secretary of Housing and Urban Development. Plaintiff needs the deed to be recorded and the property !]ranted and conveyed in the name of Aurora Loan Services, Inc. The subject motion only seeks to void the Sheriff's Deed that was issued from the sale and reissue a new deed under the name of Aurora Loan Services, Inc. .CONCLUSION Wherefore, Plaintiffs requests the Cour[ enter an Order declaring the April 16, 1999 Sheriffs Deed null and void and the sheriff reissue a new deed in the name of Aurora Loan Services, Inc. and order the Recorder of Deeds to index this transfer. Dated: MATTLEMAN, WEINROTH & MILLER /~'onnie L. Dahl, Esquire Attorney I.D. #79294 2 EXHIBIT "A" MATTLBMAN, WEINROTH & MILLER BY: SttARON ORAS MORGAN, ESQUIRE Attorney II~ 60068 Suite 2226, Land Title Building Broad & Chesmut S~'eet~ Philadelphia, PA 19110 (215) 923-2225 UNION PLANTERS BANK, N.A. COURT OF COMMON PLEAS 7130 G-OODLETT FARMS PA1LIKWAY CORDOVA, TN 38018 Plaintiff VS. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 CU~E~ COUNTY CIVIL ACTION MORTGAGE FOI~CLOSURE COMPLAINT LISA A. KAVISH 22 BAST SIMPSON FERRY ROAD MECI-IANICSBLIRG, PA 17055 Defandant($) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this cc,mplaint 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 judgement may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TI-IE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 717 249 3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. Tk[s is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide, you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MATTLEMAN, WEINROTH & MILLER BY: SItARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 Plaintiff COLIRT OF COlVl/VION PLEAS CUMBERLAND COUNTY VS. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECItANICSBURG, PA 17055 Defendant(s) No.~ CIVIL ACTION MORTGAGE FO}~CLOSURE COMPLAINT MATTLEMAN, WEINROTH & MILLER BY: SHARON ORAS MORGAN, ESQUIRE Attorney ID# 60068 Suite 2226, Land Title Building Broad & Chestnut Streets Philadelphia, PA 19110 (215) 923-2225 UNION PLANTERS BANK, N.A. 7130 GOODLETT FARMS PARKWAY CORDOVA, TN 38018 Plaintiff VS. MARK N. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 LISA A. KAVISH 22 EAST SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 Defendant(s) COURT OF COMMON PLEAS CU3/mERLAND COUNTY No.~ CIVIL ACTION MORTGAGE FO~CECLOSURE COMPLAINT CIVIL ACTION MORTGAGE FOKECLOSU~ COMPLAINT 1. Union Planters Bank, N. A. (hereinafter referred to .'ts "Plaintiff') is a mortgage corporation, conducting business under the laws of the Commonwealth of Pennsylvania and brings this action to foreclose in the Mortgage executed betweea Mark N. Kavish and Lisa A. Kavish, mortgagors hereinafter referred to as "Defendants" and GMAC Mortgage Corporation of PA. Said Mortgage is dated April 24, 1992 and was record*fl in the Office of the Recorder of Deeds and Mortgages in Cumberland County, Pennsylvania on April 29, 1992 in Mortgage Book 1063, page 531. A copy of the Mortgage is attached hereto and made a part hereof as Exhibit 2. Said Mortgage was subsequently assigned as follows: a~ to Leader Federal Bank for Savings, recorded on August 8, 1994 in Book 480, page 584. Plaintiff is proper party by way of an Assignment to be recorded. 3. The Mortgage secures Defendants' Note dated April 24, 1992 in the amount of $76,600.00 payable to Plaintiff in monthly installments with an :interest rate of 7.500%. A copy of the Note is attached hereto and made a part hereof as Exhibit "B". 4. The land subject to the mortgage is: 22 East Simpson Ferry Road, Mechanicsburg, PA 17055. A copy of the legal description is attached hereto and incorporated by reference. 6. The Defendant(s), Mark and Lisa Kavish are the Real Owners of the land subject to the mortgage. The Defendant(s) mailing address is 22 East Simpson Ferry Road, Mechanicsburg, PA 17055. 7. The Mortgage is now in default due to the failure of the Defendants to make payments as they became due and owing. The following amounts are due: Principal Balance Interest Calculated to August 17, 2001 Attorney Fees Total $ 66,631.42 $ 1.,870.05 $ 3,331.57 $ 71,833.04 plus interest from 08/18/01 at $13.65 per day, costs of suit and attorney fees. The Defendants have not cured the default. WI:IEREFORE, Plaintiff requests the court enter Judgment in Mortgage Foreclosure for the sale of the mortgage property in Plaintiff's favor and against the Defendants, in the sum of $71,833.04 together with interest from 08/18/01 at $13.65 per &~y, costs of suit and attorney MATTLEMAN, WEIlqROTH & MILLER Sharon Oras Morgan,'l~s~e #60068 948/57387 EXHIBIT "A" Commonwealth og Pe~mylvanla MORTGAGE THIS MORTGAGE ("Security lnstrumcm") is glvcn on APRIL The Mortgagor is 1992 Dollars (U.S. $ 76,600.00 ). This debt is evidenced by Borrower's note dated the same date as this Security and will defend generally the title to the Property against all claims and dem'ands, subject to any cncumbranccs of record. Eachmomhlylnstalimentfor ems (a), (b), and (c) sha aqua one-wefhofd~eannualamounts, as reasonably estima ed by Lender, plus an amount su fficlent to maintain an additional balance of not mPre ~an (,ne-sixth of the estimated amounts. The full annual amount for each item shall be accumulated 'ay Lender within a'period ~ndlng one mond~ before an item would become delinquenl. Lender shall hold Ihe amounls collected in trust to pay:~tems (a), Cb), and (c) before they become delinquent. If al any llme Iht tolal of thc payments held by Lender for items (a), (b), and (eL together wi~h the fulurc monthly payments payments by Borrower, al the oplion of Borrower. If the total of Ihe paymcms made by Borrower for ricm (a), (b), or (c) monlhly charge inslead of a mortgage insurance premium if this Security Instrument is held by the Secretary. Each monlhly premium wilh Lender one month prior to the date the full annual mortgage insurance premium is due to the Secretary, or if this Security Instrument is held by thc Secretary, each monthly charge shall be in an amoun[ equal lo onc-{wclhh of one-half percent of die outstanding principal balance due on Ihe Note. be credited with the balance remaining for all installments for items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. Ail payments under paragraphs I and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to d~e monthly charge by the Secretary instead of the monthly mortgage insurance premium; premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of tbc Note; Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure ali improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable lo, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make IFoof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make paymen fo such uss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of th'e insuranc, e ~roceeds may · applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note ~nd this Security Instrument first to any delinquent amounts app eR n the order n Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged property. Any application of Ihe proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred lo in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay al/outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property Ihat extinguishes the 5. Occupancy, Preservation, Mainlenance and ProlecBon of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish,~nd use the Property as Borrower's principal residence within sixty da~s after the execution of this Security laslrumenl and shall conlinuc lo occupy the Property as Borrower's principal residence for al least one year af er he da e of inrormalion) in connection with the loan evidenced by the Note, including, but not bmded to, representations concerning Borrower's ~cupency of the Property as a principal resipencc. If this Security Instrument is on a leasehold, Borrower shall comply with the prnvisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to 6. Charges Io Borrower and Prolection of Lender's Rlghti In the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that aha nol included in Paragraph 2. Borrower shall pay these obligations on time directly to Ihe entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to~ Lender receipts evidencing these payments. If Borrower fails lo make, the. se payments or the payments required by Paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights of taxes, hazard insurance and olher items mentioned in Paragraph 2. Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be s~cured option of Lender, shall be immediataly due and payable, 7. Condemnation, The proceeds of any award or claim for damages, direct or consequential, in connection with any and shall be paid to Lender lo the extenl of Ibe full amount of the indebtedness that remains unpaid under the Note and this Security Instrmnent. Lender shall apply such proceeds to the reduction of thc indebledness under the Note and this Security Instrument, first to any delinquent alnounls applied in the order provided in Paragraph 3, and then ~o prepayment of principal An' a ca on of the p oceeds IO Ih~ principal ~ha]l not ex end or postpo~lh..e~c~ ~Jat~. ~r. lh~.~nthly payments, w~ch are~re~rca to in Paragraph 2, or cha ge ¢ a o of suc paymcn~s. ~.c~?ce~as o~[~n a~mun ~rcu,~O (ii) Borrower defaults b~ fading, for a period of thirty days, to perform any other obligations core,Lined in this (b) Sale Wilhoet Cr~ t App~vaL ~nder shall if ~rmitt~ by appli~bl¢ law and with Ihe prior approvat of ~l~e S~, r~uir¢ imm~ia~ payment in full of alt sums ~r~ by this Secudty Instrument if: Loan No : 1-5784~0-22 17. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Securhy Inslrnment by judicial proceeding. Lender shall be entilled to collect ag expenses incurred in porsu~ng fe remedies provided in this paragraph 17, including, bnt not limited 1o, attorneys' fees and costs ol Bile evidence to the extent permitted by appBcable law. 18. Release. Upon payment of all sums secured by this Security Instrument, Ihis Security Instrument and the estate conveyed shall lermlnate and become void. After such occurrence, Lender shall discharge and satisfy this Security instrument without charge to Borrower. Borrower shall pay any recordation co,ts. 19. Waivers. Borrower, to the extent permiued by applicable law, waive~ and releases any error or defecls in proceedings to enforce this Security Instrument, and,hereby waives the benefil of any present or future laws providing for stay of exccutlon~ extension of time, exemption from attachment, levy and sale, and homestead exemp6on. 20. Reinstalement Period. Borrower's time to reinstate provided in paragraph 10 shall extend te one hour pdor to the commencement of bidding at a sherilTs sale or other sale pursuant to this Security Instrument. 21. Purchase Money Mortgage. If any of thc debt secured by this Security Instrument is lent lo Borrower lo acquir,: title to the Property, this Secudty Instrument shall be a purchase money mortgage. 22. Inter, si Rate After Judgment. Borrower agre~ that the inter~t rate payable alter a judgment is entered on the Note or in an action of mortgage foreclosure shall be thc rate payable from time to time under the Note. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded togeth~;r with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were in a par: of this Security Instrument. {Cheek applicable box(es)] [~ Condominium Rider I~ Adjustable Rate Rider [~ Growing Equity Rider [] Planned Unit Development Rider [~ Graduated Payment Rider [] Other (specify) - BY SIGNING BELOW, Borrower accepts and agrees to thc terms contained in this Security Instrument and in any rider(s} executed by Borrower and recorded with it. MARK N. KAVISII -Borrower (Seal) (Seal) (Seal) COMMONWEALTH OF PENNSYLVANIA, DAU PHI N day of APRIL County ss: , 1992 , before me, the undersigned officer, person(s) who~ name(s) IS executed the same for the poqx)s~ herein contained. IN WITNESS WHEREOF,, I hereunto set my hand and official seal. subscribed to the within insmanent and acknowledged that CERTIFICATE OF RESIDENCE I, certify that the correct addr~s of the within-named lender is 8360 OLD YORK ROAD~ ELKL~INS PARK, PA 19117-1590 witness ~y hand this ~/~n~_ day of APRIL ,1992 ~lOG3 r~ 5,'14 LOAN #: 1-578440-22 FHA Case No.441-440543-0 729 ADJU~TAB~ RATE RIDER ("Note") to THE NOTE CONTAINS PROVISIONS ALLOWINC FOR CHANCES IN THE INTEREST RATE AND TRE MONTBLT PAYMENT. THE NOTE LIMITS TEE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ADDITIONAL COVENANTS. In addition to the c~enant$ and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: FHA MULTISTATE ADJUSTABLE RATE RIDER 2/91 FMU-ARM-R 1/2 Rev. 4/91 ~'~1. t1(;3 ~t 535 Page 1 of 2 (F) Notice of Ghanges Lender will give notice to Borrower of any change in the interest rate and monthly payment amount. The notice must be given at least 25 days before the new monthly payment amount is due, and must set forth (i) the date of the notice, (ii) the Ghange Date, (iii) the old interest rate, (iv) the new interest rate, (v) the new monthly payment amount, (vi) the Current Index and the date it was published, (vii) the method of calc~lating the change in monthly payment amount, and ~vili) any other Information which may be required by law from time to time. (g) Effective Date of ghanges A new interest rate calculated in accordance with Paragraphs 5(G) and 5(D) of the Note will become effective on the Change Date. Borrower shall make a payment in the new monthly amount beginning on the first payment date which occurs at least 25 days after Lender has given Borrower the notice of changes requlred by Paragraph 5(F) of the Note. Borrower shall have no obligation to pay any increase {n the monthly payment amount calculated In accordance with Paragraph 5(g) of the Note for any payment date occurring less than 25 days after Lender ha~ g~n the required notice. If the monthly payment amount calculated in accordance with paragraph 5(E) of the Note decreased, but Lender failed to give timely ~e~i~eof the decrease and Borrower made any monthly payment amount exceeding the payment amounts which should have been stated in a timely notice, then Borr6wer has the option to either (t) demand the re turn to Borrower of any exces~ payment, with interest thereon at the Note rate (a rate equal to the interest'~ate which should have been stated in a timely notice), or (ii) request that ~hy excess payment, with interest thereon at the Note rate, be applied as payment of ~ri.nq%pal. Lender's obligation to return any excess payment with interest ~n. demand is not assignable even if the Note is otherwise assfgned before the demand for'~eturn is made. ( SEAL) Borro%;er ( SFAL> Borrower (SRAL) FHA MULTISTATE ADJUSTABLE RATE RIDER 2/91 FI/II-ARH-R 2/2 Rev. 4/91 Page 2 of 2 ~UNTY CUMBERLAND BOROUGH MECHANICSBURG ,A, BO. 220229462~) Z/~2~o~ ~O:~£RT P. ZIECL[R ~ot NO. 814498 ~-- -- RECORDER OF DEEDS ASSIGNMENT OF MORTGA~'~I?ERLA"~ C0U,TY- '99flUU23 fl~ 10,91 ,cared at I~R MADISON AVENUE. MEMPI'II~r TN 3R103 meinafter referred to as Assignee, at or before the delivery of these presents, the receipt of which is hereby :knowledged, has granted, bargained, sold, assigned, transferred, conveyed and set over unto said Assignee, s successors and assigns, all of its right, title and interest in and to that certainHortgage dated the ~4th ~y of APR~ 1992 made and executed by MARK N. KAVI~H BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 day of AU(~UST 1994 ,,,,%s .~ k.' '..;f' '. ~ .-'~.' O~0~:..~ G~AC MORTGAGE COP~ORATION OF PA /g /~ /// -- // ~=:'O ~-,.,~4~%=CO~ONIAL MORTGAGE SERVICE COMPANY ATE OF MARYLAND '"'".....""' COUBTY OF FREDERICK this, the fSth day of AUGUST 1994 . before me, JANE EVLER __. the derstgned officer personally appeared MAEHEBB and CARLGERSTENBERG o acknowledged themselves to be the VICE PRESIDENT and ASSISTANT SECRETARY of GMAC MORTGAGE CORPORATION OF PA d that as such MAE HEBB [ and CARL GERSTENBERG , being authorized to do , executed the Foregoing tnstrgment for the purposes therein contained by signing the name of the corporation by easelves as VICE PRESIDENT and ASSISTANT SECRETARY '* ,e'"'"' ........ ,,,,; ~ witness whereof, I hereto set my hand and official seal. ~.~.~.... .......... JANE EY'LEF~¥COMMISSIONEX/P. 02/17'97) ((Np(~TBtRi~) ) Notary Publt ............ ............. ..................................................................... LEADER FEDERAL BANK FOR SAVINGS BETWEEN: OMAC MORTGAGE CORPORATION OF PA ecise residence is: lgS MADISON AVENUE, EMPHIS, TN 38103 MAE HEBB VICE PRERIDF. NT AND LEADER FEDERAL BANK FOR SAVINGS MAIL TO: ONTRAK ASSIGNMENT SERVICE P.O. BOX 3829 FREDERICK, MD. 21705-3929 NN'SyLVANIA lUNT~ CUMBERLAND . ~IORO~/GH MECHANICSBURG ~OL ~. S144~E ASSIGNMENT OF MORTGAGE BOROUGH OF MECHANICSBURG PROPERTY ADDRESS: 22 EAST SIMPSON STREET, MECHANICSBURG, PA 17055 caused these presents to be duly executed by its proper officer this c~/(..~ day of BONNIE STENHOUSE ASSISTANT VICE PRESIDENT BY Y~,4~~ R !;AVINGS ROBERT B. ADAMS VICE PRESIDENT rATE OF TENNESSEE COUNTY OF SHELBY n th{s. the -- day of , before me, MARY WHEELER __, the hale,'signed Officer personally appeyed ROBERTB, ADAMS and BONNIESTENHOUSE bo acknow3edged themselves to be the VICE PRESIDENT and A.~SISTANT'VICEPRESIDENT of LEADER ~:EDERAL BANK FOR SAVINGS ~ ~d that as such ROBERT B. ADAMS ,~[a~ll~l ;TENHOUSE , being ~uthorized to do ), executed the foregoing instrument for the ~ lined by signing the name ofI the corporation by ~emselves as VICE PRESIDENT j ~mls& I~fCEPRESlOENT P · a witness whereof, i hereto set my hand and~ al ~lC 1 ! Notary Public rectse residence is: 4517THSTREETSW, ROOM ;100~ WASHINGTON, D.C. 20410-9000 ROBERT R. ADAMS MAIL TO: LEADER FEDERAL BANI( FOR SAVINGS 158 MADISON AVENUE MEMPHIS, TN 38103 EXHIBIT "B" ~LTISTATE AD3USTABLE RATE NOTE FHA Ease No. 441-440543-0 LOAN NO. 1-578440-22 APRIL ~ ¥ , 19 92 22 EAST SIMPSON STREET, m MECHANIGSBURG ~ PA (Property Address) 17055 -BoTrower' means each person signing at the time of this Note, and the person's In return for a loan received from Lender, Borrower promises to pay the principal of SEVENTY-SIX THOUSAND SIX HUNDRED AND 00/100 ****************************** Dollars (U S $ 76,~00.00' · . ), plus interest, to the order of'Lender. Interest will Lender, at a rate ofSEVEN AND 50/100 . percent ( 7.500 I) per year. The interest rate may change in accordance with Paragraph 5(G) of this Note. 3. PROMISE TO PAY SECURED ' Borrower's promise to pay IS secured by.a mor'tgage, deed of trust or similar security instrument that is dated the same date as this Note and called the *Security Instrument." That Security Instrument protects the Lender from losses which might result if borrower defaults under this Note. (a) Time' remaining on the first day of MAY , 2022 . will be due on that date, which is called the maturity date. (B) Place payment sh~ll be made at 8360 OLD YORK ROA9 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Initialiy, each monthly payment o~ ~rtncipal and interest will be in the amount of $ 535.60~ This amount will be part of a larger monthly payment required by th~ Security Instrument ~hat shall be applied to principal, interest and other items accordance with Paragraph 5(E) of this Note. (B) The Index FHA MULTISTATE ADJUSTABLE RATE NOTE F~-ARM-N 1/3 Rev.4/Pl Page (C) Calculation of Interest ~ate Changes Before each Ghange Date, Lender will calculate a new interest rate by adding a margin of TWO AND 50/100 percentage points ( 2.500 %) to the Current Index and rounding the sum to the nearest one-eighth of one percentage point (0,125%). Subject to the limits stated in Paragraph 5(D) of this Note, this rounded amount will be the new interest rate until the next Change Date. (A) Late CharBe for Overdue Payments ~ If Lender has not recelved the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of percent (4.00 %) of the overdue amount of each payment. ~) p,~..c of cost, ..d ~pe.s., ........ ~--;,--,~N.a~ 1 requireI ......... , . to .y costs and expenses lncludin~ reas~:k~cusC6~a~'%~,--' attorney's fees for enforcin~ this Note. Such fees and costs shall bear lntere~t fro~ the date of disbursement at the same rate as the principal of this Note. g, WAIVERS Borrower and any other person who has obligations under this Note waive the BY SIGNING BE~OW, Borrower accepts and agrees to the terms and covenants contained tn this No~e. (SEAL) (SEAL) (sEAL) (SEAL) F~A MULTISTATE ADJUSTABLE RATE NOTE 2/91 FMU-~RM-N 3/3 Ksv. 4/91 Page 3 of 3 PAY 1'0 '~H~ ORDF~ OF ey Robed r3. Vice P ri,~k:~ent VERIFICATION t, BONNIE L. DAHL, ESQUIRE, counsel for Plaintiff hereby verify the statements set forth in the within pleadings are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.SA. § 4904, relating to unsworn falsification to authorities. MATTLEMAN, WEINROTH & MILLER BONNIE L. DAHL, ESQUIRE Attorney I.r). No. 79294 MATTLEMAN, WEINROTH & MILLER, BY: BONNIE L. DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No. 948/57387 UNION PLANTERS BANK, N.A. Plaintiff MARK N. KAVISH and LiSA A. KAVISH, Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 2001-5079 CERTIFICATE OF SERVICE 1. Angela C. Rego, Secretary to Bonnie L. Dahl, Counsel for Union Planters Bank, N.A. does hereby certify that on ~- q- O~ ,a true and correct copy of the Motion, Brief and Proposed form of Order has been sent via regular mail to: Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 2. I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me ~ ent. Dated: ~' 0 9 MATTLEMAN, WBNROTH & MILLER, BY: BONNIE L DAHL, ESQUIRE ATTORNEY I.D. NO. 79294 401 Route 70 East, Suite 100 Cherry Hill, NJ 08034 (856) 429-5507 Attorneys for Plaintiff Our File No. 948/57387 UNION PLANTERS BANK, N.A, Plaintiff MARK N. KAVISH and LISA A. KAVISH, Defendants COURT OF COMMON PLEAS CUIVlBERLAND COUNTY NO:2001-5079 ORDER GRANTING MOTION TO DECLARE DEED NULL AND VOID This matter being opened to the Court by Bonnie L. Dahl, attorney for Plaintiff, upon a motion for Order declaring deed null and void and the court having reviewed and considered the papers submitted in c.~pnection with this matter and for good cause shown: IT IS on th of J~ '~ ~2004, ORDERED that the transfer of property known^22 East Simpson Street, Mechanicsburg, Pennsylvania, by deed dated December 10, 2003, and and recorded with the Recorder of Deeds of Delaware on January 20, 2004, wherein Thomas Kline, Sheriff is the Grantor and Secretary of Housing and Urban Dew~lopment is the Grantee, is hereby declared null and void and the Sheriff shall re-issue a deed in the name of Aurora Loan Services, COMMONWEALTH OF PENNSYLVANIA ~ COUNTY OF CUMBERLAND ~ SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Aurora Loan Services is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 1 lth day of Jun____e, A.D., 2003, ()ut of the Court of Common Pleas of said County as of Civil Term, 2001 Number 5079, at the suit of Union Planters Bank N A against Mark N Kavish & Lisa A is duly recorded in Sheriff's Deed Book No. 265, Page 2346. 1N TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,~) ~ day of