HomeMy WebLinkAbout05-3425
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., ld. No. 32227
FRANCIS S. HALLINAN, ESO., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
Lf.Ul 563-7000__
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIV1L DIVISION
Plaintiff
TERM
NO. CJS- 3$1;25
au.J
v.
CUMBERLAND COUNTY
STEPHEN C. SHILEY
308 DEERFIELD ROAD
CAMP HILL, PA 17011
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
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 judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
WITH lNFORMA TION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
(800)990-9]08
File #: 118834
File #: \ 18834
IF THIS IS THE FIRST NOTICE THAT YOU lIA VE RECEIVED FROM
THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS
COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION
OF THAT TIME. FURTHERMORE, NO REQUEST WILL
BE MADE TO THE COURT FOR A JUDGMENT UNTIL
THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW
REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR
ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL EST ATE.
1. Plaintiff is
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
Plaintiff: is or will be, the owner of legal title to the mortgage that is the subject of this action, and
nominee for the entity indicated below, which is the owner of the entire beneficial interest in thc
mortgage:
WASHINGTON MUTUAL BANK * S/III WMHL INC.
11200 WEST PARKLAND AVE.
MILWAUKEE, WI 53224
2. The name(s) and last known address(es) of the Defendant(s) are:
STEPHEN C. SHILEY
308 DEERFIELD ROAD
CAMP HILL, P A 17011
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 08/20/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of
CUMBERLAND County, in Mortgage Book No. 1878, Page: 3736.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 03/0 I /2005 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon failure of mortgagor to make such payments after a date specified by written
notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible
forthwith.
File #: ]] 8834
6. The following amounts are due on the mortgage:
Principal Balancc
Interest
02/01/2005 through 07/06/2005
(Per Diem $11.58)
Attorney's fees
Cumulative Late Charges
08/20/2004 to 07/06/2005
Cost of Suit and Title Search
Subtotal
$65,674.17
1,806.48
1,250.00
95.16
$ 550.00
$ 69,375.81
Escrow
Credit
Deficit
Subtotal
- 845.25
0.00
$- 845.25
TOTAL
$ 68,530.56
7. The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If
the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
8. Notice ofIntention to Foreclose as set forth in Act 6 of1974, Notice of Homeowner's Emergency
Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on the
date( s) set forth thereon, and the temporary stay as provided by said notice has terminated because
Defendant( s) has/have failed to meet with the Plaintiff or an authorized consumer credit
counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance
Agency.
9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds
$50,000.
10. This action does not come under Act 91 of 1983 because the mortgage premises is not the
principal residence of Defendant(s).
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$
68,530.56, together with interest from 07/06/2005 at the rate of$11.58 per diem to the date of Judgment,
and other costs and charges collectible under the mortgage and for the foreclosure and sale of the
mortgaged property
PHELAN LLINAN & SC~~9,?)1LP .A
~~ S Nf1f/hM~
By: /s/Francis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File #: 118834
LEGAL DESCRIPTION
ALL THAT CERTAIN LOT OF LAND SITUATE IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND
COUNTY. PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE SOUTHERN SIDE OF FOURTH STREET, ONE HUNDRED (100) FEET MORE
OR LESS EAST OF THE SOUTHEAST INTERSECTION OF FOURTH STREET AND EUT A W STREET; THENCE
IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF FOURTH STREET TWENTY-ONE (21)
FEET. MORE OR LESS TO A POINT ON A LINE RUNNING THROUGH THE CENTER OF A PARTITION WALL
OF THE DOUBLE FRAME DWELLING ERECTED IN PART ON THE LOT HEREIN DESCRIBED; THENCE IN A
SOUTHERLY DIRECTION ALONG THE SAID MENTIONED LINE THROUGH THE PARTITION WALL AND
BEYOND. ONE HUNDRED FORTY (140) FEET MORE OR LESS TO RUBY A VENUE, THENCE IN A WESTERLY
DIRECTION ALONG RUBY AVENUE, TWENTY-ONE (21) FEET MORE OR LESS, TO A POINT ON THE LINE
OF LOT NO. 22; THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OR LOT NO. 22 AND PARALLEL
WITH EUT A W STREET ONE HUNDRED AND FORTY (140) FEET MORE OR LESS TO THE PLACE OF
BEGINNING.
TAX PARCEL #25-25-0006-078
BEING THE SAME PROPERTY CONVEYED TO STEPHEN C SHILEY BY DEED FROM FEDERAL NATIONAL
MORTGAGE ASSOCIATION AKA FANNIE MAE RECORDED 01//04/2002 IN DEED BOOK 249 PAGE 4433, IN
THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA.
BEING Known As 516 Fourth Street
Filc#: 118834
VRRIFICA nON
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF
in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not
be obtained within the time allowed for the filing on the pleading, that he is authorized to make this
verification pursuant to Pa. R. C. P. I024 ( c) and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and
correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention
to substitute a verification from Plaintiff as soon as it is received by counsel.
The undersigned understands that this statement is made subject to the penalties of I8 Pa. e.S.
Sec. 4904 relating to unsworn falsification to authorities.
'h/JiL-
DATE:
~J5
FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
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SHERIFF'S RETURN - NOT SERVED
CASE NO: 2005-03425 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
SHILEY STEPHEN C
R. Thomas Kline , Deputy Sheriff, who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT
, to wit:
SHILEY STEPHEN C
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOT SERVED , as to
the within named DEFENDANT
, SHILEY STEPHEN C
516 4TH STREET
NEW CUMBERLAND, PA 17070
DEFENDANT SERVED AT 308 DEERFIELD RD CAMP HILL
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Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So answe;cs-:'" ....,
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R. Thomas Kline /
Sheriff of Cumberland County
PHELAN HALLINAN SCHMIEG
07/14/2005
Sworn and subscribed to before me
this d,.1......d.day of q.e1
02.c; A.D.
__'A.f'1 () IVIA jp,. , . ~
Prothonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-03425 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MORTGAGE ELECTRONIC REGISTRATI
VS
SHILEY STEPHEN C
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
SHILEY STEPHEN C
the
, at 1939:00 HOURS, on the 14th day of July
at 308 DEERFIELD ROAD
2005
DEFENDANT
CAMP HILL, PA 17011
by handing to
STEPHEN SHILEY
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
12.80
.00
10.00
.00
40.80
;~~~#~
R. Thomas Kline '
07/14/2005
PHELAN HALLIN
Sworn and Subscribed to before By:
me this .:2dA<<~ day of
qA.P) cJrm{ A.D.
QW -./
,,-'-' 0. Yv,.d'" , ~
P othonotary I
Mortgage Electronic Registrations
SysteBD, IDe.
8201 Greensboro Drive Suite 1480
PIIiIadeIpIIia, P A 19103
.
.
.
.
No. 05-3425 Civil Term
:
PIaintilf
.
.
v.
.
.
:
Stephea C. Shiley
308 DeedieId Road
CampHDI PA 17011
:
:
.
.
:
Defendant
DEBTORS ANSWER TO A COMPLAINT IN MQR1'GAGE FORECLOSURE ..
AND NOW come the Defendant, by his Attorney J_ M. Bac:h and files within ADswer to .
CompIaiDt Ia Morlpge Foreclosure:
1.-2. Admitted.
3. Deuled.
The allegation that a mortgage bas been recorded in Cumberland County is denied. This mortgage
was oot attached to the complaint as an exbibit. It appears that ill ordec to establish the
truthfulness of this allegation at a minimum, the plaintiff must attacb to the complaint the
mortgage under whicb they advance this complaint.
4. Ad...iCt..\
S. DeDied.
This item is denied. The mortgage company is suggesting a total failure to make monthly
payments. This is not true. The defendant admits that be may have missed a payment or several
payments, but it is denied that the defendant received ootice that be must pay the entire principal
balance and all interest. It is further denied that the mortgage is ml default and sttict proof of this
allegation is de"u"vled at time of trial.
6. Deuled.
Although the complaint contains allegations of a payment and request for interest, attorney fees,
late charges and other items, the complaint does oot contain a payment history to indicate what
payments, if any the defendant bas made toward this account. The defendant can not ascertain
whetbec or not it is accurate as to the allegation contained in this p.1i1l1graph therefore sttict proof
of this allegation is demanded at time of ttial hereof.
7. Deuled.
It is believed that the attorney fees requested should not be assessed against the defendant. It is
believed that there is no written document whicb gives permission to the plaintiff to collect these
additioDal fees. especially since there is no attachment as to wbat work if any to justify this
amount. Strict proof of this allegation is demanrled at time of trial hereof.
8. Deaied
The defendant did not receive written notice in advance of thiS complaint as required by law. It is
suggested that the plaintiff bas failed to comply with the laws in the Commonwealth of
Pennsylvania relating to a potential mortgage foreclosure case. An Act 911 notice was not
received by the defendant as is required. It is therefore denied that the defendant was required to
meet with the Pennsylvania Housing Finance Agency or any other agency since he bad not
received actual written notice of an intended mortgage foreclostn'e.
,. Deaied
This is a legal conclusion for which genecally a response is nol! required. To the extent that this
legal conclusion is making a suggestion of a law strict proof of the law is demanded hereof and
strict proof is demanded at time of trial.
lO.Deaied
This is a legal conclusion for which generally a response is not required. Further the defendant
request strict proof of this allegation at time of trial.
WHEREFORE, this Defendant herein. respectfully prays that thiS Honorable Cowt dismiss the Complaint
in Mortgage ForeclosW'e filed against him.
RESPECfFULLY SUBMITI'ED
Date: Julv 29. 200S
i?1t~
J BACH
Alto J.D. No. 1:8727
3S2 porting Hill Road
Mecbanicsburg, PAl ioss
(117) 737-2033
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PRARCTPF. FOR r.rSTTNC.CASF FOR ARc.nMRNT
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argument Court.
--------------------------------------~------------------------------------------------------------------------------
Mortgage Electronic Registration Systems, Inc.
8201 Greensboro Drive, Suite 350
McLean, VA 22102
Plaintiff
Court of Common Pleas
Civil Division
vs.
: Cumberland County
Stephen C. Shiley
308 Deerfield Road
Camp Hill, PA 17011
Defendant
: No. 05-3425 Civil
I. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.): Motion for Summary Judgment
2. Identify counsel who will argue case:
(a)
for plaintiff:
Address:
Robert Lieberman, Esquire
500 North 3'" Street, 12''' Floor
P.O. Box 1004
Harrisburg, P A 17108-1004
(b)
for defendant:
Address:
James M. Bach, Esquire
352 S. Sporting Hill road
Mechanicsburg, P A 17055
3. I will notify all parties in writing within two days that this case has been listed for argument.
4. Argument Court Date:
Date:
,
Sheetal R. Shah-Jani,
Attorney for Plaintiff
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PHELAN HALLINAN & SCHMIEG, LLP
By: SHEETAL R SHAH-JANI, ESQUIRE
Identification No. 81760
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(;l1 "i) "i1i~-7000
Attorney for Plaintiff
Mortgage Electronic Registration Systems, Inc.
8201 Greensboro Drive, Suite 350
McLean, VA 22102
Plaintiff
Court of Common Pleas
Civil Division
vs.
: Cumberland County
Stephen C. Shiley
308 Deerfield Road
Camp HilI, PA 17011
Defendant
: No. 05-3425 Civil
C.F.RTTFTC:A TTON OF SF.RVTC:F.
I hereby certifY that true and correct copies of Plaintiffs Motion for Summary Judgment,
Brief in Support thereof, and Praecipe for Argument were sent via first class mail to the person on
the date listed below:
James M. Bach, Esquire
352 S. Sporting Hill Road
Mechanicsburg, P A 17050
Date:
heetal R. Shah-Jani, Es
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
Mortgage Electronic Registration Systems, Inc.
8201 Greensboro Drive, Snite 350
McLean, VA 22102
Plaintiff
Conrt of Common Pleas
Civil Division
vs.
Cumberland County
Stephen C. Shiley
308 Deerfield Road
Camp Hill, PA 17011
Defendant
: No. 05-3425 Civil
OROFR
AND NOW, this
day of
, 200S upon consideration of
Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the
Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as
a matter oflaw, and it is hereby:
ORDERED and DECREED that an in = judgment is entered in favor of Plaintiff and against
Defendant, Stephen C. Shiley, for $68,S30.S6 plus interest from July 6, 200S at the rate of$I1.S8 per diem
and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged
property.
BY THE COURT:
J.
PHELAN HALLINAN & SCHMIEG, LLP
By: SHEETAL R. SHAH-JANI, ESQUIRE
Identification No. 81760
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103-1814
(21 ") "/i~-7000
Attorney for Plaintiff
Mortgage Electronic Registration Systems, Inc.
8201 Greensboro Drive, Suite 350
McLean, VA 22102
Plaintiff
Court of Common Pleas
Civil Division
vs.
: Cumberland County
Stephen C. Shiley
308 Deerfield Road
Camp Hill, PA 17011
Defendant
: No. 05-3425 Civil
MOTION FOR STTMM A RV .nmGMRNT
Plaintiff respectfully requests that the Court enter an Order granting summary judgment in
its favor in the above-captioned matter and in support thereof avers as follows:
I. There are no material issues of fact in dispute.
2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action.
3. Since Defendant admitted in paragraph five of his Answer to the Complaint that he has
missed payments, summary judgment for Plaintiff is appropriate, as is further addressed in Plaintiff s
attached Brief.
4. Defendant, Stephen C. Shiley, has filed an Answer to the Complaint in which he has
effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiff's attached
Brief.
5. In his Answer, Defendant generally denies paragraph six of the Complaint, which avers the
amounts due on the Mortgage. True and correct copies ofPlaintitl's Mortgage Foreclosure Complaint and
Defendant's Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C, and
D, respectively.
6. Defendant has failed to sustain his burden of presenting facts, which contradict the
averments of Plaintiffs Complaint.
7. Defendant executed the Mortgage promising to repay the loan on a monthly basis. A true
and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County
in Mortgage Book No. 1878, Page 3736, is attached hereto, made part hereof, and marked Exhibit A. A true
and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit AI.
8. The Mortgage is due for the March I, 2005 payment, a period in excess of eight months.
An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by
reference, and marked as Exhibit B.
9. The notice provisions of Act 6 of 1974 do not apply to this action because the original
Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief.
10. Nevertheless, Plaintiff sent Defendant a letter notifYing him of his default and of Plaintiffs
intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and marked
Exhibit E.
II. Defendant is not eligible for Act 91 of 1983 because the mortgaged premises is not the
principal residence of the Defendant. 35 P.S. 91680AOlc(a)(l). Nevertheless, Plaintiff sent Defendant
notice pursuant to Act 91 of 1983. A true and correct copy ofthe Notice of Homeowner's Emergency
Mortgage Assistance Program is attached hereto, made part hereof, and marked as Exhibit E. It should be
noted that Defendant admitted paragraph two of Plaintiffs Complaint which avers that Defendant's address
is 308 Deerfield Road Camp Hill, PA 17011, which is not the property address.
12. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its
foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring
the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief
13. Defendant has the right to reinstate the loan up until one hour before a scheduled Sheriffs
Sale.
WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the
amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged
property.
Respectfully submitted,
PHE AN AN & SCHMIEG, LLP
,
By:
Sheetal R. Shah-Jani, Es
Attorney for Plaintiff
. .
EXHIBIT A
.3')-070"
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illllllilllil-
ORIGINAL DEED
\ ~~'G
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ROBERT p. lIEGLE~
RECORDER Of OEED5
CIlMBEi1.LAtID COUtlT':-n
lOO~ PUG 27 PI'\ 2 21
RECORD AND RETURN TO:
Appalachian Settlement Agency, LLC
1229 Eest Chocolatll Avenyo
Hl'!fPhay, AA 17~~
Prepared By:
Washtenaw Mortgage Company
3767 Ranchero
Ann Arbor. HI 48108
ReWIn To: Dana Shadbolt
Parcel Number:
o &1(P7~!5J'1;L
[Space Abovt This Line For Recording Data]
..---
MORTGAGE
1000218000527095~4
:UOAN # 0005270954
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DEFINITIONS
Words used in multiple sections of this document are dermed below and olher words :tre dermed in Sections
3, II. 13, 18,20 and 21. Certain rules regarding Ihe usage of words used in Ihis docwnenl are also provided
in Section 16.
(A) "Security Instrument" means Ihis document, which is dated
together wilh all Riders to this document.
(8) "Borroweru is STEPHEN C SHILEY
August 20 . 2004
Borrower is Ihe mortgagor under Ihis Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Syslems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MERS is tbe mortgagee under tbis
Security Instrument. MERS is organized and existing under Ihe laws of Debware, and has an address and
Ielephone number of P.O. Box 2026, Flint MI 48501-2026, leI. (888) 679-MERS.
PENNSVt.VANIA - Single Famiiy - Fannlo Mae/Froddle Mae UNIFORM INSTRUIIENT WITH MERS
Form 3039 1/01
.'6A(PA} 1020', ~
Pa.g9~Of1f; lnllla :~
VMP MORTGAGE r::ORMS -( 00)&21-7291
I ~~IIIII~~ ~ IIIIIIII~ ~ III
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(D) "Lender" is
WASHTENAW MORTGAGE COMPANY
Lender is a Corporation
organized and existing under the laws of The State of MICHIGAN
Lender's address is 3767 RANCHBRO DRIVE
ANN ARBOR, HI 48108-3330
(E) "Note" means the promissory note signed by Borrower and dated August 20, 2004
The Note srares thai Borrower owes Lend",
SIXTY SIX TII0l1SAND P'OtJR KONllREI> << 00/100 Dollars
(U.S. S 66,400.00) plus intereSt Borrower has promised 10 pay this debt in regular Periodic
Payments and 10 pay lbe debt in full notlaterlhan September 1. 2024 .
(F) "Property" means the property lbat is described below under the heading "Transfer of Rights in lbe
Property."
(G) "Loan" means the debt evidenced by lbe Note, plus interest, any prepayment charges and lale charges
due under the Note, and all sums due under this Security Instrument, plus interest
(H) "Riders" means all Riders 10 this Security Instrumentlhal are executed by Borrower. The following
Riders are 10 be executed by Borrower [check box as applicable]:
o Adjustable Rale Rider
o Balloon Rider
o VA Rider
o Condominium Rider
o Planned Unit Development Rider
o Biweeldy Payment Rider
o Second Home Rider
01-4 F,:mily Rider
DOlher(s) [specify)
LEGAL DESCRIPTION
(I) "Applicable Law" means all controlling applicable federal, slate and local SlaooleS, regulations,
ordinance.. and administtative rules and orders (that have the effect of law) lIS well as all applicable fmaI,
non-appealable judicial opinions.
(J) "Communily Associallon Dues, Fees, and Assessments" means all due" fees. assessments and olber
charges that are imposed on Borrower or lbe Propeny by a condominium association, homeowners
association or similar organization.
(K) "EJedronic Funds Transfer" means any transfer of funds, other lban a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, lelephonic instrument,
computer, or magnetic lape so as to order, instruct, or aulborize a financiaI instiootion 10 debit or credit an
account Such term includes, but is nol limited 10, poinl-of-sale transfers, aUlOmated teller machine
transactions, transfer.; initiated by telephone, wire transfers, and amomated c1eaIinghouse transfers.
(L) "Escrow Ilems" means those items Ibal are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, seulement, award of damages, or proceeds paid by
any third pony (olber than insurance proceeds paid under lbe coverages d,,","bed in Section 5) for: (i)
damage 10, or destruction of, the Property; (ii) condemnation or olber laking of all or any pan of lbe Property;
(ill) conveyance in lieu of condemnation; or (iv) misrepresenlations of, or omissions as 10, the vaIue and/or
condition of the Property.
(N) "Mortgage Insurance" means insurance proteCting Lender against the nonpayment of, or default on. the
Loan.
(0) "Periodic l'aymenl" means the regularly scheduled amount due for (i) principal and inlerest under the
NOIe, plus (ii) any amounts under Section 3 of lbis Security Instrument
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Pag& 2 01 '6
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Form 3039 1101
BK 1678PG3737
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(P) "RESPA" means the Real Estate SeUlemem Procedures Act (12 U.S.c. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Pan 35(0), as they might 1>, amended from time lO time,
or any additional or successor legislation or regulation that governs the same subject malter. As used in this
Security Instrument, "RESP A" refers lO aD requirements and reslrictions tha: are imposed in regard lO a
"federn1ly related mortgage loan" even if the Loan does not qualify as a "federaDy related mortgage loan"
under RESP A.
(Q) "Successor in Interest of Borrower" means any pany that has taken title t) the Property, whether or not
thal party bas assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures lO Lender: (i) the repayment of the Loan, and aD renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenanls and agreements under this
Security I.strument and the Note. For this pwpose, Borrower does hereby mortgage, grant and convey lO
MERS (solely as nominee for Lender and Lender's successors and assign,,) and lO the successors and
assigns of MERS, the following described properly located in the County [Type of Re,,><ding Jurisdiction}
of CUmberland (Name of Recording Jurisdiction):
All that tract or parcel of land as shown on Schedul.a IIA" attached
hereto which is incorporated herein and made a part hereof.
which currently has the address of
516 POURTH STREET
NBW CUMBBRLAllD
[Cilyl, Pennsylvania 17070
IStreetl
[Zip Code}
("Property Address"):
TOGETIIER WITH aD the improvements now or hereafter erected on the properly. and aD easements,
appurtenances, and fll<lures now or hereafter a pan of the property. AU replacements and additions shaD also
be covered by this Security Instrument. AU of the foregoing is referred lO in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title lO tile interests granted by
Borrower in this Security Instrument, but, if necessary lO comply with law or custom, MERS (as nominee for
Lender and Lender's successors and assigns) has the right: lO exercise any or aD of those interests, including,
but not limited to, the right lO foreclose and sell the Property; and lO take 'my action required of Lender
including, but not limited lO, releasing and canceling this Security Instrumenl
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Page 3 0116
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/' Form 3039 1/01
BK 1878PG3138i
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(Continued (rom inside cover.)
lb} Payment in part by any person of the prinCipal of the indebtedness.
or any other obligation secured by the insured mortgage. or any voluntary partial
satisfaction Of release of the insured mortgage, to the extent of the payment.
satisfacHon or release, shall reduce the amount of insurance pro tanto. The
amouflt of insurance may thereafter be locreased by accruing interest and
advances made to protect the lien of the insured mortgage and secured thereby,
with interest thereon, provided in no event shall the amount of insurance be
greater than the Amount of Insurance stated in Schedule A.
fcl Payment in full by any person or the voluntary satisfaction or release
of the insured mortgage shall termillate aU liability of the Company except as
provided in Section 2(a) of these Condilions and Stipulations.
10. Liability Noncumulative.
If the illSUfed aCQuires title to the estate or interest in satisfaction of the
indeblerlness secured by 1I1e insUled mortgage. Of any part thereof. it is expres~y
understood that the amoUllt 01 insurance under this policy shall be redoced by any
amount the Company may pay under any policy insuring a mortgage to which
exception is taken in Schedule B or to which the insured has agreed, assumecl, or
taken sublett, or which is hereafter executed by an insured and which is a ch.arge
or lien on the estate or interest described or referred to in Schedule A, and the
amount so paid sflalll:Je deemed a payment under this policy.
". Payment ofLoss.
lal No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed, in
which case proof of loss or destructiOll shall be furnished to the satisfaction of
the Company.
Ihl When liability and the extent of loss or damage has ooen definitely
fixed in accordance with these Conditions and Stipulations. the loss or damage
shali be payable within 30 days thereafter.
It Subrogation Upon Payment or Settlement.
tal lhe Company's Righi of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy. all right of subrogatiOl1 shall vest in Ihe Company unaffected by any act
01 the insured claimant.
lhe Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If requested by
the Company. the insured claimant shall transfer to the Company all rights and
remedies against aAY pelSOrl or property necessary in order to perteet this right of
subrogation_ The insured claimant shalr permit the Company to sue, compromise
or sente in the name of the insured claimant and to use the name of the insured
cJaim(lnt in any transaction or litigation involving these rights or remedies.
If a payment on accourlt of a claim does not fully cover the lass of the
insured claimant the Company shall be subrogated to all rights and remedies of
the insured claimant aher the insured claimant shall have recovered its
principal. interest. and costs 01 collection.
(b) The Insured's Rights and limitations.
Notwithstanding 1I1e loreyoing. the owner of the indebte<!ness se<:ured by
the insured mortgage. provided the priority of tire lien of the insure<! mortgage
or its enforceability is not affected, may release or substitute the personal
liability of any debtor or guarantor, or extend or otherwise modify the terms of
payment, or release a portion of the estate Of interest from the lien of the
insured mortgage. or release any coliateral security for the indebtedness.
When the permined acts of the insured c1aimam occur and the insured
has knowiedge 01 any claim of title or imerest adverse to the title to the estafe
or interest or the priority or enforceability of the lien of the insured mortgage. as
insured. the Company shall be reqUired 10 pay only that part 01 any losses
insured against by this policy which shall exceed the amount, if any, lost to the
CompanV by reason of the impairment by the insured ciaimant of the Company's
right of subrogation.
tel The Company', Rights /lgainst Non.insured Obligors.
The Company's right of subrogation against non..fnsured obfigors shall
exist and shall include, without limitation, the rights of the insured to
indetMities, guaranties. other policies of insurance or bonds, notwithstanding
any terms or conditions contained in those instruments which provide for
subrogation rights by reason of this policy.
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The Company's right of subrogation shall not be 1iVQ.ided by acquisitioll of
the insured mortgage by an obiigor (except an obligor described in Sectioo
l(aK;i) of these Conditions and Stipulationsl who acquires the insured mortgage
as a result of an indemnity. guarantee, other policy of insurance. or bond and
the obiigor wili nOl be an insured under this policy. notwithstanding Section
1laMi) 01 these Conditions and Stipulations.
13. Arbitration.
Unless prohibited by appiicable law. either the Company Of the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
Americall Arbitration Association. Arbitrable matters may include, but are not
limited to, any controversy or daim between the Company and the insured
arising out of or relating to this policy, any service of the Comparw in connection
with its issuance or the bread! of a policy provision or other obligation. AJI
arbitrable matters when the Amount of InsUJance is $1.000,(0) or less shall be
arbitrated at the option of either the Company or the insured. All arbitrable
matters when thel\mount of Insurance is in excess 01 $1.000.000 shali be
arbitrated only when agreed to by both the Company alld the insured.
Arbitralion pursuant to this policy and under the Rules in effect on the date the
demand for arbitration is made or, at the option of the insured, the Rules in
effect at Date of Policy shall be binding upon the panies. The award may
include attorneys' lees only il the laws of the state in which 1I1e land is locate<!
permit a court to award attorneys' fees to a prevaiiing pally. Judgment upon the
award rendered by the lIrbitratons) may be entered in any court having
jurisdiction thereof.
The law 01 the situs of the iand shall apply to an arMration under the litle
Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon reqUllst.
14_ liability Limited to This Policy; Policy Entire Contract.
(aJ This policy together with all endorsements. jf any, attached hereto
by the Company is the entire policy and contract between the insured and the
Company. In interpreting any provision of this policy. this policy shall be
construed as a whole.
(b) lIny claim of loss or damage. whether or not based on negligence.
and which arises out of the status of the lien of the insured mortgage or of the
title to the estate or interest covered hereby or by any action asserting such
claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy can be made except
by a writing endorsed hereon or attached hereto signed by either the President.
a Vice President. the Secretary. an Assistant Secretary, or validating officer at
authorized signatory of the Company.
/5 Severability.
In the event any provision of this policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provision
Bnd all other provisions shalf remain in full force and effect.
16. Notices. Where Sent.
All notices required to be given tfle Company and any statement in writing
required to belurnished the Company shali include the number of this policy
and shall be addressed to its Home Office: 4IJ() Second /lvenue South.
Minneapoiis. Minnesota 55401.16121371.1111.
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BORROWER COVENANTS that Borrower is lawfully seised of !he es~1te hereby conveyed and has
!he right to mortgage, grant and convey !he Property and !hat !he Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally !he title to the Propeny against all
claims and demands, subject to any encumbrances of record.
TInS SECURITY INSTRUMENT combines uniform covenants for rnttional use and non-uniform
covenants wi!h limited variations by jurisdiction to constitute a unifonn security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, lnterest, Escrow Items, Prepayment Cb,arges, and Late Charges.
Borrower shall pay when due !he principal of, and interest on, !he debt evidenced by the Note and any
prepayment charges and late charges due under !he Note. Borrower shall also pay funds for Escrow Items
pursuant to Sectiun 3. Payments due under !he Note and !his Security Insrn.ment shall be made in U.S.
currency. However, if any check or o!her inslrument received by Lender as payment nnder !he Note or !his
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under !he Note and !his Security Insttument be made in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasUD'l'S check or cashier's check,
provided any such check is drawn upon an instiwtion whose deposits are ;nsored by a federal agency,
inslrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at !he location designated in the Note or at
such o!her location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring
!he Loan currenL Lender may accept any payment or partial payment insufflci:mtlO bring the Loan current,
wi!hout waiver of any rights hereunder or prejudice 10 its rights 10 refuse such ~ayment or partial payments in
!he future, but Lender is not obligated 10 apply such payments at !he time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need ~ot pay interest on unapplied
funds. Lender may hold such unapplied fund. until Borrower makes paymelll to bring the Loan currenL If
Borrower does not do SO within a reasonable period of time, Lender shall either apply such funds or return
them 10 Borrower. If not applied earlier, such funds will be applied 10 !he outsllUlding principal balance under
the Note immediately prior 10 foreclosure. No offset or claim which Borrower might have now or in !he
future against Lender shall relieve Borrower from making payments due under the Note and !his Security
Instrument or perfonning the covenants and agreements secured by this Securi~r InslrumenL
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in !he following order of priority: (a) inlerest due under the
Note; (b) principal due under !he Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order io which it became due. Any remaining amounts shall be applied first 10
late charges, second 10 any other amounts due under !his Security Inslrument, and then 10 reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amoullllO pay any late charge due, the payment may be applied 10 the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower 10 !he repayment of !he Periodic Payments if, and 10 the extent !hat. each payment can be paid in
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Page: 4 01 16
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Form 3039 1101
BK 1878PG3739
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full. To the. extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applierl to any late charges due. Voluntary prepayments shall be
applied fll'St to any prepayment charges and then as described in lite NOIe.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not eXlend or postpOne the due date, or change the amount, of the Periodic Payments.
3. Funds (or Escrow Items. Borrower shall pay to Lender 00 the day Periodic Payments are due under
the Note. until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a)
taXes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Pmpetty, if any; (c) premiums
for any and all insurance required by Lender under Section 5; and (d) Mongage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mongage Insurance premiums in
accordance with the provisions of Section 10. These ilems are called "Escrow Ilfms," Al origination or at any
time during the tenn of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments. if any. be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower ,;hall promptly furnish 10 Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower',; obligation to pay the Funds
for any or all Escrow llems. Lender mal' waive Borrower's obligation to pay 1(, Lender Funds for any or all
Escrow Items at any time. Any such waiver may only he in writing. In the ev'",t of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Escrow Items (or which payment of
Funds has heen waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation 10 make such payments and
to provide receipts shall for all pulJlOscs be deemed to be a covenant and agreement contained in this Security
Instrument, as the phrase "covenant and agrecment" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall Iben be obligated
under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay 10 Lender all Funds, and in such amounts, that are then required under Ibis Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender 10 apply
the Funds at the time specifIed under RESP A, and (b) not to exceed Ibe maximum amount a lender can
require under RESP A. Lender shall estimate Ibe amount of Funds due on Ihe basis of current dala and
reasonable estimates of expenditureS of future Escrow Items or olberwise in 3COJrdance with Applicable Law.
The Funds shall be held in an instilUtion whose deposits are insured by a f,ldera\ agency, instrumentality,
or entity (including Lender, if Lender is an instiwtion whose deposits are so in"ured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow llems no later than the time specifted under
RESP A. Lender shall not charge Borrower for holding and applying Ibe Funds, annually analyzing Ibe
escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on Ibe Funds and
Applicable Law permits Lender to make such a charge. Unless an agreement is made ill writing or Applicable
Law requires interest 10 be paid on the Funds, Lender shall not be required to pay Borrower any interest or
earnings on Ibe Funds. Borrower and Lender can agree in writing, however, UJat IDlerest shall be paid on Ibe
G-6A\PAI (.'.6J
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Page5of1e
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Form 3039 1/01
Bt' 878PG3740
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Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
RESPA.
If Ihcre is a sUIJllus of Funds held in escrow, as defmed under RESPA. Lender shall account to
Borrower for the excess funds in accordance with RESP A. If there is a shonage of Funds held in escrow, as
defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender Ihe amount necessary lD make up lbe shortage in accordance with RESPA, but in no more than 12
mouthly payments. If there is a deficiency of Funds held in escrow, as defmed under RESP A, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more than 12 mouthly payments.
Upon payment in full of all sums secured by this Security Inslrument, umder shall promptly refund lD
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all faxes, assessments, cllllrges, flOes, and impositions
auribulable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the
extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing lD the payment of the obligation secured by the lien in a manner acceplable to
Lender, but only so long as Borrower is perfonning such agreemen~ (b) conte:tts Ihe lien in good failh by, or
defends against enfotrement of the lien in, legal proceedings which in Lender's opinion operate to preventlhe
enforcement of Ihe lien while those proceedings are pending, bUI only until such proceedings are concluded;
or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to Ihis
Security InstrumenL If Lender determines that any pan of Ihe Property is subject to a lien which can attain
priority over Ihis Security Instrumen~ Lender may give Borrower a notice identifying the lien. Within 10
days of the date on which Ihat notice is given, Borrower shall satisfy Ihe lien or lake one or more of Ihe
actions set forth above in this Section 4.
Lender may require Borrower to pay a one.time charge for a real eslate tlX verification and/or reporting
service used by Lender in connection wjlh this Loan.
S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on lbe
Properly insured against loss by fife, hazards included wilbin lbe term "extended coverage:' and any olber
hazards including, but not limited to, earthquakes Md floods, for which umder requires insurance. This
insurance shall be maintained in lbe amounts (includ.ing deductible levels) and for Ihe periods lbat Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the laM.
The insurance carrier providing lbe insurance shall be chosen by Borrower subjoct to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreaiOnably. Lender may require
Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and Ir3cking services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such dell,rmination or certification. Borrower shall also be responsibll, for the payment of any fees
imposed by the Federal Emergency Management Agency in connoction with the review of any flood zone
determination resulting from an objection by Borrower.
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BK 1878PG3741.
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form 3039 1/01
If Borrower fail. to maintain any of me coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower. Borrower's equity in me Property, or me contents of me Pn.perty, against any risk, hazard
or liability and might provide greater or lesser coverage man was pn:viousl)' in effecl Borrower
acknowledges that me cost of me insurance coverage so obtained mighl significantly exceed me cost of
insurance thal Borrower could have obtained. An)' amounts disbursed by Lender under mis Section 5 shall
become additional debt of Borrower secured by mis Security Instrumenl Thes. amounts shall bear interest at
me NolC rate from me date of disbursemenl and shall be payable, wim such interest, upon notice from Lender
to Borrower requesting payment
AIl insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a Slandard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payce. Lender shall have me right to hold me policies and renewal
cenificales. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any fonn of insurance coverage, not om.:rwise required by Lender, for
damage to. or destruction of, me Property, such policy shall include a slandard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to me insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writiog, any insurance proceeds, whemer or not me underlying insurance was required by Lender, shal1 be
applied to restoration or repair of me Property, if me restoration or repair is economically feasible and
Lender's security is IlOtlesscned. During such rcpair and restoration period, Lender shall have me right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Propeny to ensure me work
has been completed to Lender's satisfaction, provided mat such inspection shall be undertaken promptly.
Lender may disburse proceeds for me repairs and restoration in a single payment or in a series of progress
payments as me worle is completed. Unless an agreement is made in writing or Applicable Law requires
interest Ul be paid on such insur.mce proceeds, Lender shall not be required UJ pay Borrower any inlCrest or
earnings on such proceeds. Fees for public adjusters, or omer mini parties, rectined by Borrower shall not be
paid out of me insurance proceeds and shall be me sole obligation of Borrower. If me restoration or rcpair is
nOl economically feasible or Lender's security would be lessened, the insuran.:.: proceeds shall be applied OJ
me sums secured by mis Security InSlrument, whether or not men due, w:m me excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in me order provided for in Section 2.
If Borrower abandons the Property, Lender may me, negotiate and senIe any available insurance claim
and related malterS. If Borrower does not respond wimin 30 days to a notice from Lender mat me insurance
carrier has offered to senIe a claim, then Lender may negotiate and settle me claim. The 3O-day period will
begin when the notice is given. In eimer event, or if Lender acquires me Property under Section 22 or
omerwise, Borrower hereby assigns OJ Lender <a) Borrower's rights to any in3urance proceeds in an amount
nOlto exceed me amounts unpaid under the Note or mis Security Instrument, and (b) any other of Borrower's
rights (oilier man me right to any refund of unearned premiums paid by Borrower) under all insurance
policies wvcring me Property, insofar as such rights are applicable to the coverage of the Property. Lender
may use me insurance proceeds timer OJ repair or restore the Property or to pay amounts unpaid under the
Note or mis Security Instrument, whether or nol men due.
C-6A(PA) ,0206,
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Page 7 0116
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BK I 8 7 8 PG 3 7lJ 2
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6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days afler the execution of this Secwily InSlrument and shall conlinue 10 occupy the Property as
Borrower's principal residence fOl' alleast one year after the date of occupancy, unless Lender otherwise
agrees ill writing, which consent shall not be umeasollably withheld, or unless extenuating circumstances
exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
deslroy, damage or impair the Property, allow the Property 10 deteriorate or commit waste 011 the Property.
Whether or nol Borrower is residing in the Property, Borrower shall maintain the Property in order 10 prevent
the Property from deleriorating or d=easing in value due 10 its condition. Unless it is determined pursuant 10
Section 5 that repair or reslOration is nol economically feasible, Borrower shall promptly repair the Properly if
damaged 10 avoid further delerioration or damage. If insurance or condemnation proceeds are paid in
connection with damage 10, or the taking of, the Property, Borrower shall he responsible for repairing or
reslOring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and reslOration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient 10 repair or reslOre the Property,
Borrowcr is not relieved of Borrower's obligation for the completion of such repair or reslOration.
Lender or its agent may make reasonable enlries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the inlerior of the improvements 00 the Property. Lender shall give
Borrower notice at the time of or prior 10 such an interior inspection specifying such reasonable cause.
8. IInrrower's Loan AppUcation. Borrower shall be in defaull if. during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or sta~:ments 10 Lender (or failed 10
provide Lender with material information) in connection with the Loan. Matejal representations include, but
are not limited 10, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. l'rntection of Lender's Interest in Ibe Property and Rights Under tbis Security Instrument. If
(a) Borrower fails 10 perform the covenants and agreements contained in this Security Inslrument, (b) there is
a legal proceeding that mighl significantly affect Lender's inlerest in the Property ,md/or rights under this
Security Inslrument (such as a proceeding in bankruplCy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Secwity loslrument or 10 enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate 10 protecl Lender's interest in the Property and rights under this Secwity
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Prop<:rty. Lender's actions can include, but are not limited 10: (a) paying any sums secured by a lien which
has priority over this Secwity Inslrumen~ (b) appearing in court; and (c) paying reasooable atlOmeys' fees 10
protecl its interest in the Properly and/or rights under this Security Inslrumelll, including its secured position
in a bankruplCY proceeding. Securing the Property includes. bul is nOl limit~ 10, entering the Property 10
make repairs, change locks, replace or board up doors and windows, drain waler from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off. Although
Lender may take action under this Section 9, Lender does not have 10 do so and is nol under any duty or
obligation 10 do so. It is agreed thaI Lender incurs no liability for nol taking any or all actions authorized
under this Section 9.
~-6A(PA) (0206)
..
PageS of 16
'"i~~
Form 3039 1/01
BK I 87 8 PG 3 7 4 3
Any amounts disbursed by Lender under this Section 9 shall become' additional debt of Borrower
secured by this Security Insaument. These amounts shall bear interest at die Note rate from the date of
disbursement and shall be payable, with such interes~ upon notice from Lender 10 Borrower requesting
payment.
If It,is Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee tide 10 the Property, the leasehold and the fee title shall nOl merge unless Lender
agrees 10 the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required 10 maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases 10 be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
IOward the premiums for Mortgage Insurance, Borrower shall pay the premiwns required 10 obtain coverage
substantially equivalent 10 the Mortgage Insurance previously in effec~ at a cost substantially equivalent 10
the cost to Borrower of the Mortgage Insurance previously in effec~ from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mongage Insurance coverage i> not available, Borrower shall
continue u> pay 10 Lender the amouut of the separately designated payments dlllt were due when the insurance
coverage ceased 10 be in effect. Lender will accep~ use and retain these payments as a non-refundable loss
reserve in lieu of Mortgage Insurance. Sucb loss reserve shall be non-refundable, notwithstanding the fact that
the Loan is ultimately paid in full, and Lender shall not be required 10 pal' Borrower any interest or earnings
on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in
the amount and for the period that Lender requires) provided by an insurer seb",ted by Lender again becomes
available, is obtained, and Lender requires separately designated payments IOward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required 10 make separately designated payments IOward the premiums for Mortgage Insurance, Borrower
shaII pay the premiums required 10 maintain Mongage Insurance in effec~ or to provide a non-refundable loss
reserve, uutil Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termin..tion is required by Applicable
Law. Nothing in this Section 10 affects Borrower's obligation 10 pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it '""y
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
MOItgage insurers evaluate their IOIaI risk on all such insurance in force from time 10 time, and may
enter inlO agreements with other parties that share or modify their risk, or reduce losses. These agreements are
on terms and conditions that are satisfactory to the mortgage insurer and the other pany (or parties) 10 these
agreements. These agreements '""y require the mortgage insurer 10 make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender. any purchaser of the Note, anoiter insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (direcdy or indirecdy) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange
for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, dle arrangement is often termed "captive reinsurance.' Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Sucb agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they wiD not entitle Borrower to any refund.
.'6A(PA) (."S)
..
Page 9 0116
InltlaIS:(~
./ Form 3039 1101
BK' 878PG3744
15. Notices. All notices given by Borrower or Lender in connection with this Security Insuument must
be in writing. Any notice 10 Borrower in connection with this Security Insoument shall be deemed 10 have
been given 10 Borrower wben mailed by first class mail or when actually delivered 10 Borrower's notice
address ir sent by other means. Notice 10 anyone Borrower shall constitute notice 10 all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice 10 Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at anyone time. Any notice 10 Lender shall
be given by delivering it or by mailing it by flISt class mail 10 Lender's addn:ss stated herein unless Lender
has designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed 10 have been given 10 Lender until actually received by Lender. If any notice required by
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument
16. Governing Law; Severability; Rules of Construction. This Security Insrrument shall be governed
by fede"~ law and the law of the jurisdiction in which the Propeny is located. AU rights and obligations
contained in this Security Instrument are subject 10 any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties 10 agree by conlract or it might be silent, but
such silence shall not be construed as a prohibition against agreement by contract In the event that any
provision or clause of this Security Instrument or the Note conflicts with App;;cable Law, such conflict shall
not affect other provisions of this Security Instrument or the Note which alll be given effect without the
conflicting provision.
As used in this Security Instrument (a) words or the masculinc gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words ill the singnlar shall mean and
include 1I1e plural and vice versa; and (c) the word "may. gives sole discretion without any obligation 10 take
any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument
18. Transfer of the Properly or a Benelicial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited 10,
those beneficial interests lransferred in a bond ror deed, conlract ror deed, insllllIment sales contract or escrow
agreement, the intent of which is the lransfer of tille by Borrower at a future date 10 a pUlChaser.
If all or any pan of the Propeny or any Interest in the Property is sold or lransferred (or if Borrower is
not a natural person and a beneficial interest in Borrower is sold or rransferred) without Lender's prior written
consent, Lender may require immediate payment in fuU of all sums secured by this Security Instrument
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide II period of not less than 30 days from the date the notice is given in accordance with Section IS
within which Borrower must pay all sums secured by this Security Instrument. II Borrower fails 10 pay these
sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate Arter Acceleration. If Borrower meets certain conditions,
Borrower shall have the right 10 have enrorcement of this Security Instrument discontinued at any time prior
10 the earliest or: (a) five days before sale of the Property pursuant 10 any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right 10 reinstate; or (c) entry or a judgment enforcing this Security Instrument Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Sccurity Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenanl~ or agreements; (c) pays all
tGl-6A(PA) 1020')
..
Page 12 0116
,"llIaI'~
7~ '-" Form3039 1/01
BK'818PG3141
'.
.'
expenses incurred in enforcing this Security Instrument, including, but not limited 10, reasonable auomeys'
fees, propeny inspection and valuation fees. and other fees incurred for the purpose of prolCCting Lender's
inlerest in the Property and rights under this Security Instrument; and (d) tak(.s such action as Lender may
reasonably require 10 aSsure that Lender's interest in the Property and rights under this Security Instrument,
and BOlTOwer's obligation 10 pay the sums secured by this Security Instrumen~ shall continue unchanged.
Lender mal' require that BOlTOwer pay such reinstatement sums and expenses in one or more of the following
forms, as selected by Lender: (a) cash; (b) money order; (c) ceniIJed check, bank check, treaSu='s check or
cashier's check, provided any such check is drawn upon an instibJtion whose deposits are insured by a federal
agency, instrumentality or entity; or (d) Elecrronic Funds Tl3llsfer. Upon reinslalement by Borrower, this
Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right 10 reinstate shall not apply in the case of acceleration under Soction 18.
20. Sale of Note; Change of Loan Servicer; Notiee or Grievance, The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without prior notice 10 Bonuwer.
A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments
due under the Note and this Security Instrument and performs other mongage loan servicing obligations
ond", the NOle, this Security Instrumen~ and Applicable Law. There also might be oue or more changes of
the Loan Servicer unrelared 10 a sale of the NOle. If there is a change of the Ulan Servicer, Borrower will be
given wrillen notice of the change which will stale Ibe name and address of the new Loan Servicer, the
address to which payments should be made and any other information RESP A requires in connection with a
notice of rransfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servi= oth",
Iban the purchao;er of the NOle, the mongage loan servicing obligations 10 Borrower will remain with the
Loan Servicer or be Iransferred to a successor Loan Servicer and are not as:;omed by the Note purchaser
unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined 10 any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's ",:tions pursuant 10 this Security
Instrument or that alleges that the other party has breached any provision of, Or any dUlY owed by reason of,
this Security Inslnlmen~ until such Borrower or Lender has notified the o!her pany (wi!h such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party herelO a
reasonable period afrer the giving of such notice 10 take corrective action. II Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed 10 be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity 10 cure given 10 Borrower pursuant
10 Section 22 and the notice of acceleration given 10 Bonuwer pursuant to Soction 18 shall be deemed 10
satisfy the notice and opportunity 10 take corrective action provisions of this Section 20.
21. Halllrdous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes bl Environmental Law and Ibe
following substances: gasoline, kerosene, other flammable or IOxic perroleum products, IOxic pesticides and
herbicides, volatile solvent<. materials con raining asbestos or fonnaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where tho Propeny is located that relale
to health. safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action. or removal action, as dermed in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribUle 10, or otherwise trigg'" an Environmental Cleanup.
.-6A(pA) (02.0)
..
Pag.,3o/16
'"hl"'',L~
/" ~~ \.) Form 3039 1101
BK 1878PG3748
'.
Borrower shall nOl cause or permit the presence, use, disposal, stor.ge, or release of any Hazardous
SubslaJ1ces, or threaten to release any Hazardous SubslaJ1ces, on or in the Property. Borrower shall not do,
nor allow anyone else 10 do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply 10 the presence, use, or storage on the Property of "mall quantities of Hazardous
SubslaJ1ces that arc generally recognized to be appropriate to normal residentil~ uses and 10 maintenance of
the Propccty (including, but nOllimited 10, hazardous substances in consumer products).
Borrower shaJl promptly give Lender wrinen notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardou" Substance or Environmental Law of which Borrower has acwal knowledge, (b) any
Environmental Condition, including but not limited 10, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous SobSlaJ1ce which adverseJy affects the value of the Property. If Borrower learns, or is notified by
any governmental or regulatory authority, or any private party, that any removal or odler remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly lake all necessary remedial
actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an
Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as foDows:
22. Acceleration; Remedies. Lender sbaU give notice to Borrower prior to acceleration following
Borrower's breacb of any covenant or agreement in this Security Im,trument (but not prior to
acceleration under Section 18 unless AppUcable Law provides otberwise). Lender sbaD notify Borrower
of, among otber things: (a) the default; (b) the action required to cure the default; (c) when tbe default
must be cured; and (d) tbat failure to cure tbe default as SpecKled may result in acceleration of tbe
sums secured by this Security Instrument, foreclosure hy judicial proceeding and sale or the Prop"rty.
Lender shall further inform Borrower of the right to reinstate after acceleration and tbe right to assert
in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to
acceleration and foreclosure. If the default is not cured as specified, Lender at its optiou may require
immediate payment in fuU of all sums secured by this Security Instrument witbout further demand and
may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all
expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to,
attorneys' fees and costs of title evidence to the extent permitted by AppUcnble Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Instrument Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument. but only if the fee is paid to a third part]' for services rendered and the
charging of the fee is pennitted under Applicable Law.
24. Waivers. Borrower, 10 the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings 10 enforce this Security Instrumen~ and hereby waiveI' the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment. levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant 10 this Security InsbUment
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title 10 the Property, this Security Instrument shall be a purchase money mongage.
27. Interest Rate Arter Judgment. Borrower agrees that the intereSl rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the Note.
..6AWA) (0206)
..
Page 1.0116
I"~~
Form 3039 1101
BK 1878PG3749
'.
BY SIGNING BELOW, Borrower accepts and agrees ID the Iem1S and covenants con rained in this
Security Instrument and in any Rider executed by Borrower and recorded wilh il
Wil1Jesscs:
~
~JL-LC~)
~PIlEll SB:tLIlY --- -Borrcwer
(Seal)
-Bonowtr
(Seal)
(Seal)
.B<lrJower
-Borrower
(Seal)
(Seal)
.Borrower
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
G-6A(PAII0206)
e
Pag8150118
Form 3039 1101
BK 1878PG3750
Certificate of Residence
I, Nancy Smi th , do hcreby cenify that
The corre<.1 address of the within-named Mortgagee is P.O. Box 2026, Hint, MI 48501-2026.
Witness my hand this
20th
day of
August
'''--I dJ..,-
Il L ti-.e_fj" . -u:;CL
Agent of Mortgagee
COMMONWEALTH OF PENNSYL V ANlA,
C",~/<1-)
A~.... f .,;;>bO</
County S5:
On this, the ';;;0 -i- ILlY of
undersigned officer, personally appeared
, before me the
Q +e..rt.~-
c.
S l-.; (e..J
known to me (or
satisfactorily provC)!l.to be the person(s) whose name(s@e subscribed to the within instrument and
aclrnowledged d~elthey execOIed the same for the purposes herein containted.
IN WITNESS WHEREOF, I hereunto set m)' hand and official seal.
My Commission Expires:
COMMONWEALTH OF PENt<8VlVANIA
NOTARlAL llEi'.!.
DOIJaU\8 C. RAUCHUT. NllDY PuIJllt
PtUn~ BG1o, l.cl.l:!nllll 00I/IIlr
My Cclmmlll8lon ~lllr';il Oct f1, l!OO7
~
/(:Joj~ ~ ~ /'C
Tille of Officer
Page 16 of 16
Wt~
BK 1878PG3751
'LEGAlL. DESCRIPTION
ALL THAT CERTAIN lot of land sitnate in tbe Borongb of New Cumberlllnd, Cumberland County,
Pennsylvania, more particularly bounded and described as follows, to wit:
BEGINNING at a point on tbe soutbern side of Fourtb Street, one bundred (100) feet more or less East of
tbe soutbeast intersection of Fourtb Street and Eutaw Street; tbence in an easterly direction along tbe
soutbern line of Fourtb Street twenty-one (21) feet, more or less to a point on a line running tbrougb tbe
center of a partition wall of tbe double frame dwelling erected in part on tbe lot berein described; tbence
in a soutberly direction along tbe said mentioned line tbrougb tbe partition wall and beyond, one bundred
forty (140) feet more or less to Ruby Avenue; tbence in a Westerly direction along Ruby Avenue, twenty-
one (21) feet more or less, to a point on tbe line of Lot No. 22; tbence in a n.Brtberly direction along tbe
line of Lot No. 22 and parallel witb Eutaw Street one bundred and forty (140) feet more or less to tbe
place of Beginning.
Tax Parcel No. 25-25-0006-078
BEING KNOWN as 516 4tb Street, New Cumberland, PA 17070
BEING THE SAME PREMISES wbicb Federal National Mortgage Associ"tion aIkIa Fannie Mae, a
corporation, by Deed dated December 12, 2001 and recorded January 4, 2002 in tbe Omce oftbe
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Record Bool, 243, Page 4433,
granted and conveyed unto Stephen C. Sbiley.
b recorded
'"1\ thisto C
,'", Yt Ilar,d County PA
..111 . "/.J p:\',&,,-
"~".~'.-.' ,'. ~ ~ V-
.1
.
.
jJ
f Deeds
Recorder 0 "
BK J B 78 PI) 3 752
0005270954
, ..
RECORD AND RETURN TO'
~~pa/achian Sattlement Agency, llC'
229 East Chocolate Avenue
Hershey, PA 17033
1-4 FAMILY RIDER
(Assignment of Rents)
TIllS 1-4 FAMILY RIDER is made this 20~h day of Augus~. 2004
and is im:orpomu:d inlO and shall be deemed 10 amend and supplement the Mortgage. Deed of Trus~ or
Security Deed (the "Security Instrument") of the same dale given by the undersigned (the "Borrower") 10
secure Borrower's Note 10
WASHTENAW MORTGAGE COMPANY
(the
"Lender") of the same date and covering the Property described in the Security Instrument and located at
516 FOURTH STREET. NEW CUMBERLAND. Pennsylvania 17070
[Property Address)
1-4 FAMILY COVENANTS. In addition 10 the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as foUows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition 10
the Properly described in the Security Instrumen~ the following items now or hereafter auached 10 the
Property 10 the extent they are fIxtures arc added 10 the Properly description, and shall also constitute the
Property covered by the Security Instrument: building matcrials, appliances and goods of every nature
whatsoever now or hereafter locau:d in, on, or used, or intended 10 be used in connection with the Property,
including. but notlimiu:d 10, those for the purposes of supplying or distributing heating, cooling, elecnidty,
gas, water, air and ligh~ fne prevention and extinguishing apparatus, security and access conttol apparatus,
plumbing, bath tubs. water heaters, water closets, sinks, ranges, SlOves, refrigerators, dishwashers, disposals,
washers, dryers, awnings, slOrm windows, slOrm doors, screens, blinds, shades, curtains and curtain rods,
auached mirrors, cabinets. paneling and auached floor coverings, all of which, including replacements and
additions thereto, shall be deemed 10 be and remain a pan of the Properly covered by the Security Instrument.
All of the foregoing IOgether with the Property described in the Security Instrument (or the leasehold eslate if
the Security Instrument is on a leasehold) arc referred 10 in this 1-4 Family Rider and the Security Instrument
as the "Property."
MULTISTATE 1. 4 FAMIt.Y RIDER - Fannie rIIae/FreddleMac UNIFORM INSTRUMENT .fl:1;,
Initials:
Page' of 4 Form 3170 1/01
VMP MORTGAGE FORMS - (800)521-7291
..57R (0008)
..
II~I~ I~II N ~I~ I ~~ I
OK 1878PG3753
. 0.0
,.
B.USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall nol seek, agree to or make a
change in !he use of !he Property or its zoning classifIcation, unless Lend", has agreed in writing to !he
change. Bnrrow", shall comply wi!h all laws, ordinances, regulations and requirements of any governmental
body applicahle to !he Propeny.
C. SUBORDINATE LIENS. EXcepl as permiued by federal law, Borrow", shall nOl allow any lien
inferior 10 lbe Securily Instrumenl to be perfecled againsl lbe Property wi!hoUl Lend",'s prior wrilten
permission.
D. RENT LOSS INSURANCE. Borrower shall maintain insurance againsl rent loss in addition to lbe
other hazards for which insurance is required by Section 5.
E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Section :9 is deleled.
F. BORROWER'S OCCUPANCY. Unless Lender and Borrower o!hefVIise agree in writing, Section 6
concerning Borrower's occupancy of lbe Propeny is deleled.
G. ASSIGNMENT OF LEASES. Upon Lend",'s request afler defaul~ Borrow", shall assign to Lender
all leases of lbe Property and all security deposits made in connection wi!h 1e;1SCS of the Property. Upon lbe
assignmenl, Lender shall have lbe righl to modify, extend or terminate lbe existing leases and to execute new
leases, in Lender's sole discretion. As used in lbis paragraph G. lbe word "lease" shall mean 'sublease" if lbe
Security Instrument is on a leasehold.
H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION.
BorrowCl absolutely and unconditionally assigns and lransfers to Lender alllhe rents and revenues ("Rents")
of Ihe Property, regardless of to whom lbe Rents of lbe Property are payable. Borrower aulhorizes Lender or
Lender's agents to collecllhe Rents, and agrees thaI each tenant of lbe Property shall pay lbe Rents to Lender
or Lender's agents. However, Borrower shall receive Ihe Rents until: (i) Lender has given Borrower notice of
defaull pursuant to Section 22 of Ihe Securily Inslrumen~ and (ii) Lender has given notice to lbe lenanl{s) thaI
the Rents are to be paid to Lend", or Lender's agent This assignmenl of Rents constitutes an absolute
assignmenl and not an assignment for additional securily only.
If Lender gives notice of default to Borrower: (i) all Rents received by Borrower shall be held by
Borrow", as trustee for lbe benefil of Lender only, to be applied to the 'roms secured by lbe Securily
InstrUmel\~ (ii) Lend", shall be entitled 10 collecl and receive all of lbe Rents of lbe Property; (ill)
.,57R (0008)
..
Initials; {;(),-/If<
~~Ol
Page 2 ot 4
OK I 87 8 PG 3 7 5 4
(b) Any such agreements wiD not affect the rigbts Borrower bas. if any - witb respect to tbe
Mortgage Insnrance under tbe Homeowners Protection Act of 1998 or any otber law. Tbese rigbts may
include the right to receive certain disclosures, to request and obtain cancellation of tbe Mortgage
Insuranee,to bave the Mortgage Insurance terminated automaticaUy, andfor 10 receive a refund of any
Mortgage Insurance premiums Ibat were unearned at tbelime of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned 10 and shall be paid 10 Lender.
If Ibc Property is damaged, such Miscellaneous Proceeds shall be applied to reslOration or repair of Ibe
Property, if the reslOration or repair is economically feasible and Lender's "",;urity is not lessened. During
such repair and reslOration period, Lender shall bave Ibe right 10 hold such Miscellaneous Proceeds until
Lender has had an opportunity 10 inspect such Property 10 ensure Ibe work has been completed 10 Lender's
satisfaction, provided !hat such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest 10 be paid on such Miscellaneous Proceeds,
Lender shall not be required 10 pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrumen~ whelhcr or not then due, with the
excess, if any, paid 10 Borrower. Such Miscellaneous Proceeds shall be applie.J in the order provided for in
Section 2.
In the event of a tolal taking, destruction, or loss in value of the Property, the l'vliscellaneous Proceeds
shall be llJlplied 10 the sums secured by this Security Instrumen~ whether or n(lt then due, with the excess, if
any. paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the mnounl of the sums secured by this Securily Instrumenl immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
foUowing (raction: (a) the IOIaI amount of the sums secured immediately before the partial taking, destruction,
or loss in value divided by (b) the fair market value of the Property immedi"tely before the partial taking,
destruction, or loss in value. Any balance shall be paid 10 Borrower.
In the evelll of a partial taking, destruction, or loss in value of the Proreny in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destrucion, or loss in value, unless
Borrower and Lender otherwise agree in writing, thc Miscellaneous Proceeili shall be applied to the sums
secured by this Security Instrumenl whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice b)' Lender to Borrower that the Opposing
Pany (as defmed in the next sentence) offers to make an award 10 settle a claim for damages, Borrower fails
10 respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and
apply the Miscellaneous Proceeds either 10 restoration or repair of the Propeny or to the sums secured by this
Security Instrumen~ whether or nOI then due. "Opposing Party. means the third pany thai owes Borrower
Miscellaneous Proceeds or the pany against whom Borrower has a righl of action in rcgard to Miscellaneous
Proceeds.
Bonowcr shall be in defaull if any action or proceeding, whether civil or criminal, is begun tha~ in
Lender's judgmenl, could result in forfeiture of the Propeny or other material impairment of Lender's interest
in the Propeny or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurrcd, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling !hat, in Lender's judgmen~ precludes forfeiture of the Propeny or other material impairment of
e.6A(PA) 1020')
ill
Pagel00f 16
'""7=~
Form 3039 1/01
BK' 87BPG3745
'.
Lender's inlerest in the Property or rights under this Security Inslmment. The proceeds of any award or claim
for damages that are anribulable 10 the impairmenl of Lender's interest in the Property are hereby assigned
and shall be paid 10 Lender.
All Miscellaneous Proceeds that are not applied 10 restoration or repair of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Securily InSlmmenl granted by Lender
10 Bonuwer or any Successor in InlereSt of Bonuwer shall nol operate 10 release the liability of Bonuwer or
any Successors in InlereSI of Bonuwer. Lender shall nOl be required 10 commence proceedings against any
Successor in Interest of Borrower or 10 refuse 10 extend time for payment or otherwise modify amortization
of the sums secured by this Security Inslmment by reason of any demand made by tl:e original Borrower or
any Successors in Interest of Bonuwer. Any forbearance by Lender in exercising any right or remedy
including, withoutlimilation, Lender's acceptance of payments from third persons, entities or Successors in
Inlerest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigus B,)und. Borrower covenants and
agrees that Bonuwer's obligations and liability shall be joinl and severaL However, any Bonuwer who
co-signs this Security Inslmment but does not execute the Note (a "co-signer"): (a) is co-signing this Security
InSlmment only 10 mortgage, grant and convey the co-signer's interest in the Propeny under the lenDs of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Inslmment; and
(c) agrees that Lender and any other Borrower can agree 10 extend. modify, forbear or make any
accommodations with regard 10 the tenns of this Security Inslmment or the Note without the co-signer's
consent.
Subject to the provisions of Section 18, any Successor in Inlerest of Borrower who assumes Borrower's
obligations under this Security InSlmment in writing, and is approved b:/ Lender, shall obtain all of
Borrower's rights and benefits under this Security Inslmment. Borrower shall not be released from
Borrower's obligations and liability under this Security InSlmment unless Lender agrees to such release in
writing. The covenants and agreements of this Security Inslmmenl shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for serviccs perfonned in connection with
Borrower's defaul~ for the purpose of proleCting Lender's inlereSl in the I'ropeny and rights under this
Security Instrumen~ including, but not limited 10, anomeys' fees, propeny inspection and valuation fees. In
regard to any olber fees, the absence of express authority in this Security Insbllment to charge a specific fee
to Borrower shall nOl be conslmed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Securily InSlmment or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is fmally interpreted so
that the interest or other loan charges collected or to be coUected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
10 the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits
will be refunded to Bonuwer. Lender may choose 10 make this refund by reducing the principal owed under
the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be
treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the NolO). Borrower's acceptance of any such refund made by diea:t payment 10 Borrower
will constilute a waiver of any righl of action Borrower might have arising out of such overcharge.
.'6A(PA} (0206)
.,
Page110116
'7~
form 3039 1/01
BK 1878PG3746
.
.
0005270954
MXN. 100021800052709546
August 20.
2004 !
NOTE
HERSHEY
PA
(Dlte]
ICilyl
(State)
516 POtlRTH STRBIIT. NEW ClIMBBRLAND. Pennsylvania 17070/
(Propeny Add"'"1
1. BORROWER'S PROMISE TO PAY
In return lor a loan that I have received, I promise 10 pay U.S. $
plus interest, 10 the order 01 the Lender. The Lender is
WASHTIlNAW MORTGAGE COMPANY
66.400.00 !ethiS amount is called "Principal"),
I will make all payments under this Note in the lonn of cash, cheel:: or money order.
I undersrand thatlhe Lender may IraIIsfer this Note. The Lender or anyone who tai<es this Note by uansler and who is entitled
to receive payments under this Note is called the "Note Holder:'
2. INTEREST
Interest will be charfi'd on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate
01 6.000 [%.
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of
this Note.
'\
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the first day of each month beginning on October 1. 2004 . I will
make these payments every month until I have paid all of the principal and interest and any other charges described below that I
may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied 10 interest belore
Principal. If, on September 1. 2024 ,I still owe amounts under this Note, r will pay those amounts in full on
that date, which is called the "Maturity Date."
I will make my monthly payments at 3767 RANCHERO DRrVB
ANN ARBOR. MY 48108-3330
(B) Amounl or Monlhly Payments
My monthly payment will be in the amount 01 U.S. $
or at a dillerent place il required by the Note Holder.
475.72/.
4. BORROWER'S RIGHT TO PREPAY
I have the right 10 make payments of Principal at any time before they are due. A payment 01 Principal only is known as a
"Prepayment," When I make a Prepayment, I will telllhe Note Holder in writing that I am doing so. I may not designate a payment
as a Prepayment il I have not made all the monthly payments due under the Nou:.
[ may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my
Prepayments 10 reduce the amount 01 Principal that I owe under this Nou:. However, the Note Holder may apply my Prepayment 10
the accrued and unpaid interest on the Prepayment amount, belore applying my Prepayment 10 reduce the Principal amount of the
Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the
Note Holder agrees in writing to those changes.
MUlTlSTATE FIXED RATE NOTE-Singl. Family-Fannie MaeiFreddle Mac UNIFORM INSTRUMENT
Gt:SN (0207) Form 3200 1101
..
YMP MORTGAGE FORMS - (800)521-72"
Pag"013
Inlllall:
1~lllIllmlll~~~
.
.
0005270954
S. LOAN CHARGES
If a law, which applies 10 this loan and which sets maximum loan charges, is finally interpreted so that the iOlCresl or other
loan charges collected or 10 be collected in connection with this loan exceed the pennitted limits, then: <a) any such loan charge
shall be reduced by the amount necessary 10 reduce the charge 10 the penniUed limi~ and (b) any sums already collected from me
which exceeded penniUed limits will be refunded to me. The Note Holder may choose 10 make this refund by reducing the
Principal I owe under this Note or by making a direct paymenllO me. If a refund reduces Principal, the reduction will be treated as
a partial Prepayment
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge ror Overdue Payments
If the Note Holder has not received the full amount of any monthly paymeut by the end of 15 calendar days
afler the date it is due. I will pay a late charge 10 the Note Holder. The amount of the charge will be 5 .00 % of
my overdue paymeOl of principal and interest I will pay this late charge promptly but only once on each late payment
(B) Derault
If I do not pay the full amouOl of each monthly payment on the date it is due. I will be in default
(C) Notice or Deraull
If I am in default. the Note Holder may send me a wriuen notice telling me thaI if I do nol pay the overdue amount by a
certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the
interest thaI I owe on that amount ThaI date must be alleast 30 days afler the date on which the notice is mailed 10 me or delivered
by other means.
(D) No Waiver By Nole Holder
Even if. at a time when I am in default. the Note Holder does not require me to pay immediately in full as described above.
the Note Holder will still have the righlto do so if I am in default at a laler time.
(E) Payment or Note Holder's Costs and Expenses
If the Note Holder has required me 10 pay immediately in full as described above, Ihe Now Holder will have the righllO be
paid back by me for all of its costs and expenses in enforcing this NoW to the extenl not prohibited by applicable law. Those
expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by fltSl class mail 10 me althe PrOpelty Address above or at a different address if I give the Note
Holder a notice of my different address.
Any notice that must be given to the Now Holder under this Note will be given by delivering il or by mailing it by fusI class
mail 10 the Note Holder althe address stated in Section 3(A) above or al a different address if I am given a notice of thaI different
address.
8. OBLIGATIONS OF PERSONS UNDER TmS NOTE
If more than one pelson signs this Now. each person is fully and personally obligated 10 keep all of the promises made in this
Now, including the promise 10 pay the full amounl owed. Any person who is a guarantor, surety or endorser of this Now is also
obligated 10 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 10 keep all of the promises made in this Note. The Now Ho!der may enforce its rights under
this Now against each person individually or against all of us IOgether. This means that anyone of us may be required to pay all of
the amounts owed under this Note.
9. WAIVERS
I and any other pelson who has obligations under this Note waive the rights of Presemmenl and Notice of Dishonor.
"Presentment" means the right to require the NOle Holder to demand paymenl of amounts due. "Nolice of Dishonor" means the
right 10 require the Now Holder to give notice to other persons thaI amounts due have not been paid.
~5N (0207)
..
Pa"e2of3
Fo~~ 3~O:!.-:,
I"I~
.
.
0005270954
10. UNIFORM SECURED NOTE
This Now is a uniform inswmenl with limited variations in some jurisdiclions. In addilion to the protections given 10 the
Now Holder under this NOIe, a Mongage, Deed of Trust. or Security Deed (the "Security Instrumenl"), dated the same date as this
NOIe, protects the NOIe Holder from possible losses which might result if I do not keep the promises which I make in this NOIe.
That Securily Instrumenl describes how and under what condiliuRS I may be required 10 make immediate payment in full of all
amounts I owe under this NOIe. Some of those condilions are described as follows:
If all or any part of the Property or any IntereSl in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred) withoul Lender's prior writwn consent.
Lender may require immediale payment in full of all sums secured by this Security Instrument However. this
option shall nol be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleralion. The nolice shall provide
a period of not less than 30 days from the dale the notice is given in accordance with Section 15 within which
Borrower musl pay all sums secured by this Security InSttUment If Borrower fails 10 pay these sums prior 10 the
expiralion of this period, Lender may invoke any remedies penniUed by this Security Inswmenl withoul further
notice or demand On Borrower.
WIlNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
~ (' <;:0~(SeaI)
~ SIlILBY ~ .Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
.80rr0wer
(Seal)
(Seal)
-Borrower
-BOlTower
(Seal)
(Seal)
-Borrower
~BOITower
[Sicn OrigilwlOn/YI
QSN 10207)
..
Pag.3ol3
Form 3200 1/01
PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS
MOTION FOR SUMMARY JUDGMENT
STATE OF MINNESOTA
)
COUNTY OF DAKOTA
ss.
)
Greg Allen, being duly sworn according to law, deposes and says:
1. I am employed in the capacity of Assistant Vice President at Fidelity National
Foreclosure Solutions, officers of Washington Mutual Bank, successor to Washington Mutual
Home Loans, Inc, mortgage servicing agent for Plaintiff in the within matter.
2. In said capacity, I am familiar with the account that forms the basis of the
instant foreclosure action and am authorized to give this Affidavit.
3. I am the custodian of records for the within matter.
4. All proper payments made by Defendant have been credited to
Defendant's accounts.
5. Defendant's mortgage payments due March 1,2005 and each month
thereafter are due and unpaid.
6. The amounts due on the mortgage were correctly stated in the Complaint as
follows:
Principal Balance
Interest
February 1, 200S through July 6, 200S
(Per Diem $11.S8)
Attorney's Fees
Cumulative Late Charges
August 20, 2004 to July 6, 200S
Cost of Suit and Title Search
Subtotal
Escrow Credit
Escrow Deficit
TOTAL
$65,674.17
$1,806.48
$1,250.00
$95.16
$5S0.00
$69,37S.81
$-845.2S
$0.00
$68,530.56
7. Mortgagor has failed to reinstate the account or offer any reasonable solution to cure
the arrears on the past due mortgage payments.
8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but
Defendant did not take the necessary affirmative steps to avoid foreclosure.
9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance
on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of
which accrues to the benefit of Defendant and to the severe detriment of Plaintiff.
10.
Plaintiff properly accelerated its mortgage to protect its intere~s.
~
N=, Grog M
Title: Assistant Vice President
Washington Mutual Bank, successor
to Washington Mutual Home Loans,
Inc.
SWORN TO AND SUBSCRlBED
BEFORE ME THIS 29th dav of
September. 2005.
e HOLLY LYNN FARLEY
. NOTARY PUBLiC. MIolNEoOTA
MY COMMISSION
. . EXPIRES JAN. 31, 2009
NO~~~~
File Name and Number: Steohen C. Shilev. Account No. 0676755192
. :-,;
EXHIBIT C
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE 1'. PHELAN, ESQ., Id. No. 32227
FRANCIS S HALLINAN, ESq., Id. No. 62695
ONE PENN CENTER pLAZA, SUITE ]400
PHILADELPHIA, PA ]9]03
(2]5) 563-7000._
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INe.
820] GREENSBORO DR]VE, SUITE 350
MCLEAN, VA 22]02
ATTORNEY FOR PLAINTIFF
Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
NO. f)~ - 3C/~s ~ 0
() g ""'Tl
CUMBERLAND CO~W ~ ~:n
rr.\f1!: s; rn~
-;"..,.,, -0
zf~ , :::tJ
fJ) d<~ --I 9
-<..e:" -t:-'"
P._.~_ c ~ ():D
v -. :-z ~O
Zt', CSrn
~~ -:: ~
:2. oJ) :<
v.
STEPHEN e. SHlLEY
308 DEERFIELD ROAD
CAMP HILL, P A 17011
Defendant
"
CIVIL ACTION - LAW A
COMPLAINT IN MORTGAGE FORECLO
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 eomp]aint 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 ease may
proceed without you and a judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff You may
lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU
Willi INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
AITORNev FILE 00Pw /
PiE\,qj:: ~"Illl"i~t -
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PAl 70 13
(800)990-9108
Fik#: 11RR34
/r""'j
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
f1l2)_.563-7000
MORTGAGE ELECTRONIC
REGISTRA nON SYSTEMS, INe.
8201 GREENSBORO DRIVE, SUITE 350
MCLEAN. VA 22102
ATTORNEY FOR PLAINTIFF
Plaintiff
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM
v
NO.
CUMBERLAND COUNTY
STEPHEN e. SHILEY
308 DEERFIELD ROAD
CAMP HILL, PA 1701 I
Defendant
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
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 judgment may be entered against you by the court without further notice for
any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may
lose money or property or other rights important to you.
YOU SHOULD TAKE TIllS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW. THIS OFFICE CAN PROVIDE YOU
WITII INFORMATION ABOUT HIRING ALA WYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(800)990-9108
File #: J 18834
File#: 118834
IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM
THIS OFFICE, BE ADVISED THAT:
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977),
DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE
DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S)
DO SO IN WRITING WITHIN THIRTY (30) DAYS OF
RECEIPT OF THIS PLEADING, COUNSEL FOR
PLAINTIFF WILL OBTAIN AND PROVIDE
DEFENDANT(S) WITH WRITTEN VERIFICATION
THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED
TO BE VALID. LIKEWISE, IF REQUESTED WITHIN
THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING,
COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S)
THE NAME AND ADDRESS OF THE ORIGINAL
CREDITOR, IF DIFFERENT FROM ABOVE.
THE LAW DOES NOT REQUIRE US TO WAIT UNTIL
THE END OF THE THIRTY (30) DAY PERIOD
FOLLOWING FIRST CONTACT WITH YOU BEFORE
SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH
THE LAW PROVIDES THAT YOUR ANSWER TO THIS
COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN
TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION
OF THAT TIME. FURTHERMORE, NO REQUEST WILL
BE MADE TO THE COURT FOR A JUDGMENT UNTIL
THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU
HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF
YOU REQUEST PROOF OF THE DEBT OR THE NAME
AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN
THE THIRTY (30) DAY PERIOD THAT BEGINS UPON
YOUR RECEIPT OF THIS COMPLAINT, THE LAW
REQUIRES US TO CEASE OUR EFFORTS (THROUGH
LITIGATION OR OTHERWISE) TO COLLECT THE DEBT
UNTIL WE MAIL THE REQUESTED INFORMATION TO
YOU. YOU SHOULD CONSULT AN ATTORNEY FOR
ADVICE CONCERNING YOUR RIGHTS AND
OBLIGATIONS IN THIS SUIT.
IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A
DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT
A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON
REAL EST A TE.
I. Plaintiff is
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INe.
820] GREENSBORO DRIVE, SUITE 350
MCLEAN, VA 22102
Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and
nominee for the entity indicated below, which is the owner of the entire beneficial interest in the
mortgage:
WASHINGTON MUTUAL BANK * S/III WMHL INe.
11200 WEST PARKLAND AVE.
MILWAUKEE, WI 53224
2. The name(s) and last known address(es) of the Defendant(s) are:
STEPHEN e. SHILEY
308 DEERFIELD ROAD
CAMPHILL,PA 17011
who is/are the mortgagor(s) and real owner(s) of the property hereinafter described.
3. On 08/2012004 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of
CUMBERLAND County, in Mortgage Book No. 1878, Page: 3736.
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 03/0 I /2005 and each month thereafter are due and unpaid, and by the tenus of said
mortgage, upon failure of mortgagor to make such payments after a date specified by written
notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible
forthwith.
Filc#: ll8834
6. The following amounts are due on thc mortgage:
Principal Balance
Interest
02/01/2005 through 07/06/2005
(Pcr Diem $1 ] .58)
Attorney's Fecs
Cumulative Late Charges
08/20/2004 to 07/06/2005
Cost of Suit and Title Search
Subtotal
$65,674.17
1,806.48
1,250.00
95.16
$ 550.00
$ 69,375.81
Escrow
Credit
Deficit
Subtotal
- 845.25
0.00
$- 845.25
TOTAL
$ 68,530.56
7. The attorney's fees set forth above are in confonnity with the mortgage documents and
Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If
the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged.
8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency
Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as
required by the mortgage document, as applicable, have been sent to the Defendant(s) on the
date(s) set forth thereon, and the temporary stay as provided by said notice has tenninated because
Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit
counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance
Agency.
9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds
$50,000.
10. This action does not come under Act 91 of 1983 because the mortgage premises is not the
principal residence of Defendant(s).
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$
68,530.56, together with interest from 07/06/2005 at the rate of$l 1.58 per diem to the date of Judgment,
and other costs and charges collectible under the mortgage and for the foreclosure and sale of the
mortgaged property
,
L:~:S&)(~
By: Is/Francis S. Hallinan
LAWRENCE T. PHELAN, ESQUIRE
FRANCIS S. HALLINAN, ESQUIRE
Attorneys for Plaintiff
File#: 118834
LEGAL DESCRIPTION
ALL THAT CERTAIN LOT OF LAND SITU A TE IN THE BOROUGH OF NEW CUMBERLAND, CUMBERLAND
COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A POINT ON THE SOUTHERN SIDE OF FOURTH STREET, ONE HUNDRED (100) FEET MORE
OR LESS EAST OF THE SOUTHEAST INTERSECTION OF FOURTH STREET AND EUT A W STREET; THENCE
IN AN EASTERLY DIRECTION ALONG THE SOUTHERN LINE OF FOURTH STREET TWENTY -ONE (21)
FEET, MORE OR LESS TO A POINT ON A LINE RUNNING THROUGH THE CENTER OF A PARTITION WALL
OF THE DOUBLE FRAME DWELLING ERECTED IN PART ON THE LOT HEREIN DESCRIBED; THENCE IN A
SOUTHERLY DIRECTION ALONG THE SAID MENTIONED LINE THROUGH THE PARTITION WALL AND
BEYOND, ONE HUNDRED FORTY (140) FEET MORE OR LESS TO RUBY A VENUE, THENCE IN A WESTERLY
DIRECTION ALONG RUBY AVENUE, TWENTY-ONE (21) FEET MORE OR LESS, TO A POINT ON THE LINE
OF LOT NO. 22; THENCE IN A NORTHERLY DIRECTION ALONG THE LINE OR LOT NO. 22 AND PARALLEL
WITH EUTAW STREET ONE HUNDRED AND FORTY (140) FEET MORE OR LESS TO THE PLACE OF
BEGINNING.
TAX PARCEL #25-25-0006-078
BEING THE SAME PROPERTY CONVEYED TO STEPHEN C SHILEY BY DEED FROM FEDERAL NATIONAL
MORTGAGE ASSOCIATION AKA FANNIE MAE RECORDED 01/104/2002 IN DEED BOOK 249 PAGE 4433, IN
THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA.
BEING Known As 516 Fourth Street
File #: 118834
VF,RTFlCATTON
FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF
in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not
be obtained within the time allowed for the filing on the pleading, that he is authorized to make this
verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil
Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and
correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention
to substitute a verification from Plaintiff as soon as it is received by counsel .
The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S.
Sec. 4904 relating to unsworn falsification to authorities.
:fJ/JeL-
DATE:
~fr
FRANCIS S. HALLINAN, ESQUIRE
Attorney for Plaintiff
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Washington Mutual
P.O. Box 44118
Jacksonville, FL 32231-4118
1111/ "I~IIIIIIIIIII
0676755192
7100 4047 5100 2150 2980
May 16, 2005
000807 !PA
STEPHEN SHILEY
308 DEERFIELD RD
CAMP HILL PA 17011
WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED
NOTICE OF COLLECTION ACTIVITY
RE: ACCOUNT # 0676755192
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
HOME FROM FORECLOSURE
This is;m offici:!.! notice that the mort~aie on your home is in default and the lender intends to fnredo<w. Spp.cific inform::ltion ahout the
nature of the default is provided in the :!.ttache.d palles
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may he ahle to help to save your home
Thi<; Notice explains how the proeram works
To ~e if REMAP can helD vou mllst MEET WITH A r:ONSUMER CREDIT r:OlJNSFLING AGENCY WITHIN
10 nAYS OF THF DATE OF THIS NOTIr:P T:!.ke this Notice with you when VOIl meet with the C'nllnselinf A~fml.Y
The name address ;md phonp. nllmhu of f':on"llmp.r f':rp.dit rnlln"p.linp Aerncie.. serving- your Countv are listp.d at the end of thi.. Notir,e If
you have any questions vou mav call the Pennsylvania Housing- Finance Ap.encv toll free at 1-&l10<~42-2397 (Person-. with impaired
hearing can call (717) 7M.1Rfiq)
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency
may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you
find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU
CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE
LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
PAACT9t
HOMEOWNER'S NAME(S):
Stephen Shiley
PROPERTY ADDRESS:
516 Fourth Street
New Cumberland PA 17070
0676755192
Jax
Washington Mutual Home Loans, Inc.
LOAN ACCT. NUMBER:
ORIGINAL LENDER:
CURRENT LENDERlSERVlCER:
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF
1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
. IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL.
. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND
. IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY.
TF,MPORARY STA Y OF FORRC1.0SURR. Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty
(30) days from the date of this Notice. During that time you must arrange and attend a Hface-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THIS MRF.TlNG MIJST ~ITR WITHIN THE NEXT l30\ DA YS IF YOU no
NOT APPLY FOR EMFRClENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART
OF THIS NOTICE C.ALLED "HOW TO CURF. YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTCiAGE
UP TO DATE
OONSIJMF.R CRF.DIT COIJNSF.I.ING AGF.NCIK~ . If you meet with one of the consumer credit counseling agencies listed at the end of
this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and
telephone numbers of designated consumer credit cOlln~linp" alJenr.ies for the C'.Olmty in which the property is located are ~t forth at the
end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediatelv of your intentions.
APPI.ICATION FOR MORTGAGF. ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following
pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must
fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they
will assist you in submitting a complete application to the pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked within thirty (30) days of your face. to. face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME
PERIODS SET FORTH IN THIS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCV ACTION. Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the
eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set
forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE, IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN AITEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
000807/C0826
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it no to date).
NATlTRF. OF THR nRFAIH T - The MORTGAGE debt held by the above lender on your property located at:
516 Fourth Street
New Cumberland PA 17070
IS SERIOUSLY IN DEFAULT BECAUSE:
Non-payment
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now
past due:
Monthly Installments:
03/0!f2005
0410112005
0510112005
$631.70
$631.70
$631.70
Other charges (explain/itemize):
Uncollected Late Charges
Uncollected Fees:
Less Credits
TOTAL AMOUNT PAST DUE:
$47.58
$0.00
$0.00
$1942.68
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable):
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE
TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1942.68, PLUS ANY MORTGAGE PAYMENTS AND tATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. PaYments must he m:lde either hv cash cashier'!\; check c.ertified
chf'r.k or mOnf~y order made p!\yahle and !\:eat to.
Washington Mutual Bank
Cash Processing
P.O. Box 3200
Milwaukee, WI 53224
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable):
IF VOU DO NOT CIJRF. THF. DRFA IH .T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lendpr
intends to exercise its rifhts to 9""elprate the mortp.a~e deht This means that the entire outstanding balance of this debt will be considered
due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past
due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose IInon your
mort2'32'ed nronertv
*IF THF. MORTl:Al:F. IS FORF.CI,OSF.D UPON The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the
lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you,
you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed SSO.OO. Any attorney's fees will be
added to the amount you owe the lender, which may also include other reasonable costs. If~nll ("lire thp default within the THIRTY (.10)
DAY oeriod vou will not be reouired to nay attorney's fees.
OTHF.R [.RNDRR RF.MF.DIK~ - The lender may also sue you personally for the upaid principal balance and all other sums due under the
mortgage.
PA ACT 91
RIGHT TO rURR THt<: DRFAIJLT PRIOR TO SHRRIFF'S SALE. - If you have not cured the default within the THIRTY (30) DAY period
and foreclosure proceedings have begun, you mav still have the ri~ht to cure the def;IUIt and prevent the sale at any time up to one hour
before the Sheriffs Sale Yon m~ do so hy navinl!" the total arnonnt thf'n pa'lt due pills anv late or other charges then due reasonahle
attorney's fees and costs eonnp1:ted with the foreclmmre sale and any other crn;ts connected with the Sheriffs Sale as specified in writinl!" hy
the lender and hv nerforminr any other requirements nndf'r the mort~~e Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
RARt.IF.ST POSSIBI.R SHRRIFF'S SAt,V. nATR - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property
could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be
sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contacting the lender.
HOW TO rONTACT TOR I,RNDRR:
Name of Lender:
Address:
Washington Mutual Home Loans, Inc.
P.O. Box 44118
Jacksonville, FL 32231.4118
866-926-8937
904-281-3914
Collection Department
Phone Number:
Fax Number:
Contact Person:
EFFt<:CTS OF SHt<:RIFF'S SALt<:. - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your
right to occupy it, If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGR - You _ mayor X may not sell or transfer your home to a buyer or transferee who will assume the
mortgage debt. provided that all the outstanding payments, charges. and attorney's fees and costs are paid prior to or at the sale, and that
the other requirements of the mortgage are satisfied,
VOlT MAY AU;;O HAVE THE RIGHT,
.
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT,
.
TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE
THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES
IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT
INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
.
.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACfION BY THE LENDER.
.
TO SEEK PROTECfION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATIACHED
We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your
account may be reflected in your credit report.
PA ACT 91
VRRTFTCATTON
Sheetal R. Shah-Jani, Esquire, hereby states that she is the attorney for Plaintiff in this action, that
she is authorized to make this verification, and that the statements made in the foregoing Motion for
Summary Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The
undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. ~4904
relating to unsworn falsification to authorities.
\a\\*lo~
Date
Sheetal R. Shah-Jani, Esquir
Attorney for Plaintiff
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-----
PHELAN HALLINAN & SCHMIEG, LLP
.
Sheetal R. Shah-Jani, Esquire
Identification No. 87077 ATTORNEY FOR PLAINTIFF
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Mortgage Electronic Registration Systems, Inc. Court of Common PIe as
Plaintiff Civil Division
vs. Cumberland County
Stephen C. Shiley
Defendant(s)
No. 05-3425
PRAECIPE
TO THE PROTHONOTARY:
Plaintiff hereby withdraws its Motion for Summary Judgment filed on October 17,
2005 with respect to the above referenced case, without prejudice.
Sheetal R. Shah-Jani,
Attorney for Plainti
Date: 0-\ ~ O(
"oJ
r,_....
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.
PHELAN HALLINAN & SCHMIEG, LLP
BY: FRANCIS S. HALLINAN, ESQUIRE
Identification No. 62695
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
(215) 563-7000
Mortgage Electronic Registration Systems, Inc.
ATTORNEY FOR PLAINTIFF
Court of Common Pleas
Plaintiff
Civil Division
vs.
Cumberland County
Stephen C. Shiley
Defendant( s)
No. 05-3425
PRAECIPE
TO THE PROTHONOTARY:
_Please mark the above referenced case Discontinued and Ended without
prejudice.
X Please mark the above referenced case Settled, Discontinued and Ended.
Please mark Judgments satisfied and the Action settled, discontinued and
ended.
Please Vacate the judgment entered and mark the action discontinued and
ended without prejudice.
Please withdraw the complaint and mark the action discontinued and
ended without prejudice.
Date:~
~&VV1Lid ~ 11~
Francis S. Hallinan, Esquire
Attorney for Plaintiff
.".... ~
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
STEPHEN C. SHILEY,
DEFENDANT
05-3425 CIVIL TERM
BEFORE BAYLEY, J. AND GUIDO, J.
ORDER OF COURT
AND NOW, this
-z..;J
day of November, 2005, IT IS ORDERED that
the motion of plaintiff for summary judgment, IS GRANTED. Judgment is entered in
favor of plaintiff, Mortgage Electronic Registration Systems, Inc., and against defendant,
Stephen C. Shiley, for $68,530.56 plus interest from July ll, 2005 at the rate of $11.58
per diem plus chargeable costs.
By the Coyrt,'" /"~.' //
/ ff/
Ed~~~a~leY~ J.'
JRobert Lieberman, Esquire
For Plaintiff
,..J~es M. Bach, Esquire
For Defendant
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